PC_07-21-93_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
July 21, 1993.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John
R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back
Creek District; Roger L. Thomas, Opequon District; Manuel C. DeHaven,
Stonewall District; Ronald W. Carper, Gainesboro District; Robert Morris,
Shawnee District; John H. Light, Stonewall District; Todd D. Shenk, Gainesboro
District; George L. Romine, Citizen at Large; and James Barnett, Winchester City
Liaison.
ABSENT: S. Blaine Wilson, Shawnee District; Beverly Sherwood, Board Liaison
Planning Staff present were: Robert W. Watkins, Director /Secretary; W. Wayne
Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CP &PS)
Mr. Tierney reported that the CP &PS held a public meeting on Monday evening,
July 12, at 7:30 p.m. at the Senseny Road Elementary School to discuss corridor plans for Route
7 and Route 50. He said that about 100 people were in attendance.
c.:
Economic Development Commission (EDC)
Mr. Romine said that the EDC is preparing a new list of local industries for their
fall visitation program. Mr. Romine said that the purpose is to keep in contact with local
industries and to provide assistance.
Historic Resources Advisory Board (HRAB) - 7120/93
Mr. Shenk reported that the committee reviewed the final plaque design for
historic sites and they voted to write a letter of support to Bell Grove for their efforts in pursuing
ISTEA funding for some historic endeavors. Mr. Shenk said that the existing slide presentation
is now available to the public.
SUBDIVISIONS
Subdivision Application #004 -93 of Neglev Land for two lots. This property is identified
with PIN #43 -A -52 and is located on the east side of Route 661 (Welltown Road) in the
Stonewall District.
Action - Approved
The staff recommended that the Commission waiver the requirement for a master
development plan because of the size of the site (two lots consisting of 8.469 acres). Mr. Miller
clarified that the water line runs along the west side of Route 661 (Welltown Road), which is just
across the road from the Negley property.
Mr. John Lewis, the applicant, stated that the issue of water and sewer has not
been fully resolved between the City and the County as far as metering is concerned. Mr. Lewis
said that he would prefer that domestic and fire flow be provided by the County and sewerage
by the City, however, he needs to be sure that they can come to an agreement whereby the City
can meter the water flow in order to assess the sewage rates. Mr. Lewis that it would be more
cost effective to tap into the county's line across the street rather than the City's water line at the
intersection of Routes 11 and 661.
The Commissioners noted that water and sewer must be provided to the property,
regardless of where it comes from, before the subdivision plat can be approved by the county.
Upon motion made by Mr. Romine and seconded by Mr. DeHaven,
3684
3
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend
approval of Subdivision Application #004 -93 of the Negley Land for two lots zoned B3
(Industrial Transition).
(Mr. Light abstained from voting.)
OTHER
Discussion with Charles Pinto. of the American Garage Co. regarding a proposed rezoning at
the northeast corner of the Route 50 East (Millwood Pike) and Route 644 (Parkins Mill Road)
intersection.
No Action
Mr. Tierney said that Mr. Charles Pinto, with the American Garage Company,
has requested an informal discussion with the Commission to discuss a possible rezoning of
approximately nine acres located at the northeast comer of the Route 50 East (Millwood Pike)
and Route 644 (Parkins Mill Road) intersection. Mr. Tierney said that the property is currently
zoned RA and Mr. Pinto is pursuing a B3 zoning in order to establish a wholesale lumberyard.
Mr. Tierney said that this parcel is located across the street from the 23 -acre Oakcrest parcel
which was rezoned from RA to B2 in 1989. He added that both parcels are well outside of both
the Urban Development Area and the Sewer and Water Service Area.
Mr. Charles Pinto described the proposed operation to the Commission. He felt
that this property was an ideal location because of the close proximity of the sawmill on Route
50 in Paris. Mr. Pinto added that he would live on the premises and have two employees.
The Commissioners had concerns about other possible uses that could be
established on this property if it were rezoned. They felt that this was not an appropriate area
for heavy business or industrial uses. There were concerns about impeding traffic flow and, in
light of the recent corridor appearance studies, there were questions about how far the business
corridor should extend towards the Opequon. It was also pointed out that the proposed entrance,
Route 644, was a narrow, tar and chip road.
The Commissioners agreed that Mr. Pinto's proposed "wholesale lumber sales"
operation did not fit well into a B2 category, nor did it qualify as a cottage occupation. It was
suggested that Mr. Pinto could possibly proffer out some of the less desirable B3 uses and /or
reduce the amount of acres to be rezoned. Chairman Golladay suggested that Mr. Pinto work
with the staff further on his proposal.
3685
Citizen Petition Regarding Impact Fees
Mr. Watkins said that a petition was received from Mr. W. L. McDonnell with
27 signatures from county residents requesting the Board of Supervisors to impose a developers
impact fee to pay the bulk of the costs incurred by new development. Mr. Watkins presented
a written response to this request from the County Administrator, John Riley, stating that
Frederick County has a system in place whereby cash will be received from landowners
requesting changes in zoning to allow new development. Mr. Riley's letter indicated that impact
fees as such are not allowed under Virginia law. In order to have impact fees that apply to
development not involving a rezoning, the Virginia General Assembly would have to pass laws
allowing the county to have impact fees. Mr. Riley suggested in his letter that the petitioners
may want to present their ideas to the Virginia General Assembly.
Mr. W. L. McDonnel read a statement to the Commission. He was concerned
about commuters from the DC metropolitan area moving to this area and causing the county's
taxes, traffic congestion, and crime to rival Fairfax.
Chairman Golladay announced that the petition would be forwarded to the Board
of Supervisors. He also suggested that Mr. McDonnel and his group stay for the next agenda
item, "Discussion of the Virginia Growth Strategies Act," which would address impact fees.
Discussion Regarding the Virginia Growth Strategies Act
The Commission and staff discussed issues involved in the Virginia Growth
Strategies Act. It was the Commission's and staff's opinion that the requirement for state
agencies to undertake a coordinated strategic planning process was highly desirable. It was also
their opinion that increased requirements for CIP's, zoning, state agency compliance with local
plans, submission of plans to adjoining jurisdictions, requirements that zoning implement plans,
and mandatory PDC membership was highly desirable. They felt that additional funding for
planning and infrastructure improvements at the local level was also desirable and should only
be provided for projects that implement state planning goals.
Both the staff and the Commission had problems, however, with State review of
local plans. It was felt that the opinions of the local community should be used to determine the
most effective means to plan and manage growth for their particular area. In order to accomplish
this, they supported increased coordination of plans through local Planning District Commissions
and then having state agencies review the PDC plans for a "bottom -up" layered approach.
The Commission also felt that the biggest burden in relation to Frederick County
was the issue of impact fees and the financial burden of new facilities to support growth.
The Commission requested that the staff compose a resolution that could be sent
.:.
5
to the Board of Supervisors expressing their views on the Virginia Growth Strategies Act.
APPOINTMENT TO BATTLEFIELD PRESERVATION TASK FORCE
Chairman Golladay appointed Mr. John Light as the Planning Commission's
liaison to the Battlefield Preservation Task Force.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 8:35
p.m.
Respectfully submitted,
m
obert W. Watkins, Secretary
�,14. / 4�
Ja es W. Golladay, Jr., C a an
3687