PC_08-05-92_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
August 5, 1992
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman;
Manuel C. DeHaven, Stonewall District; Todd D. Shenk, Gainesboro District;
George L. Routine, Shawnee District; Marjorie H. Copenhaver, Back Creek
District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee
District; John H. Light, Stonewall District; and Beverly Sherwood, Board
Liaison.
ABSENT: John R. Marker, Vice Chairman/Back Creek District; Ronald W. Carper,
Gainesboro District
Planning Staff present were: Robert W. Watkins, Planning Director; Kris C.
Tierney, Assistant Planning Director; Lanny C. Bise, III, Planner I; W. Wayne
Miller, Zoning Administrator; and Frances D. Stanley, Planner I
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m. 1
MINUTES- -JUNE 3 1992 AND JULY 1 1992
Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes
of June 3, 1992 were unanimously approved as presented.
Upon motion made by Mr. Thomas and seconded by Mr. Shenk, the minutes of
July 1, 1992 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
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COMMITTEE REPORTS
Comprehensive Plans and Programs Committee (CP &PC) - 8/3/92 Mtg,
Mrs. Copenhaver reported that the CP &PC discussed the Health Department's
survey of the problem area out Route 522. (This item to be presented to the Planning
Commission later in the meeting.)
Sanitation Authority - 7/13/92 Mtg,
Mrs. Copenhaver said that the office of the Sanitation Authority has moved to
their new location on Route 522 South. Mrs. Copenhaver said that the new location has drive -up
windows for bill paying, handicapped access, and much more space.
Final plans have been submitted to the Health Department for the Stephens City
water treatment plant transmission lines.
Transportation Committee - 813/92 Mtg,
Mr. Thomas said that the Committee discussed the proposed light at Route 277
and Warrior Road at the new entrance to Sherando High School. He said that VDOT has traffic
counts that justify the need for a light at that intersection. Mr. Thomas said that the
Transportation Committee will pass an endorsement onto the Planning Commission and Board
of Supervisors.
Some potential changes were discussed to reduce congestion for the intersection
of Route 277 and 647 in Stephens City, the simplest being the addition of a right turn lane onto
Route 277, and rephasing of the traffic light.
SUBDIVISIONS
Subdivision #005 -92 for the Fairfax Drive Extension for an additional entrance /exit to
Fredericktowne from Fredericktowne Estates. This property is located southwest of State
Route 1057 and southeast of State Route 1058, in the Opequon District.
Action - Approved
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Mr. Miller gave the following background information: The subdivision is for
the extension of Fairfax Drive from Fredericktowne Estates to connect with Wythe Avenue in
Fredericktowne. Lot 51 in Fredericktowne was previously eliminated to permit this connection
and the building of the street is the responsibility of the developer. This proposed tract was part
of the Fredericktowne Estates MDP. Lot 1 is created by necessity since the .2615 acre parcel
for Fairfax Drive is coming off of this tract. Lot 1 is zoned RP and has an existing dwelling.
Mr. Miller said that the comments from VDOT regarding the 18' ingress /egress
easement must be addressed prior to putting this plat to record. The developer's engineer has
advised that the easement that exists in the street right -of -way will be abandoned and permits for
private entrances will be obtained to keep the easement open for the residents that require its use.
Staff recommendations were for approval with the stipulation that the VDOT
requirement is satisfied prior to recordation of the plat.
Mr. Charles Maddox, Jr., engineer with G. W. Clifford & Associates, was
representing the owners on this application. Mr. Maddox said that the parcel is for a right -of-
way on a road that will be dedicated to the state for right -of -way purposes. He said that this
right -of -way was indicated on the master development plan and did not create another lot that
could be built on; however, the ordinance required a full subdivision procedure that took him
seven months to complete. Mr. Maddox suggested that a more streamlined process be developed
in the ordinance for this type of request.
Upon motion made by Mr. Thomas and seconded by Mr. Shenk,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Subdivision Application #005 -92 for the Fairfax Drive Extension which would provide
an additional entrance /exit to Fredericktowne from Fredericktowne Estates. This property is
located southwest of Route 1057 and southeast of Route 1058 in the Opequon District.
1992 Virginia Institute for Planning Commissioners and Virginia Certified Planning
Commissioners Program
Mr. Watkins presented information regarding the 1992 Virginia Institute for
Planning Commissioners and the Virginia Certified Planning Commissioners Program on October
11. Mr. Watkins said that this program allows Planning Commissioners throughout the state to
attend educational seminars on various planning issues. Mr. Watkins requested that interested
persons contact the planning staff.
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VIRGINIA BYWAY REQUEST
Mr. Watkins said that the staff has received a request from the Virginia
Department of Conservation and Recreation to obtain an endorsement of a request to designate
roads in Frederick County as Virginia Byways. Mr. Watkins said that the request was originated
by the Citizens for a Quality Community.
The Commissioners were concerned about the effects of road designation on the
county's road improvement plan and the effects on the zoning and use of properties involved.
They also wanted to determine what scenic byway designation meant for the individual property
owner. Commissioners felt that several public meetings might be beneficial to inform affected
property owners.
Ms. Martha Wolfe, member of the Citizens for a Quality Community, said that
her Committee initiated the search for the roads and wrote the letter requesting the byway
designations. Ms. Wolfe said that this is purely an honorary distinction and has nothing to do
with land use stipulation. She said that any land use restrictions would be completely at the local
level. She added that if, in the future, the land is no longer scenic, the state will remove the
sign.
The Commission decided to send this request to the Comprehensive Plans and
Programs Subcommittee and the Transportation Committee for further study.
BATTLEFIELD PRESERVATION LEGISLATION
Mr. Watkins presented a copy of a discussion draft of a bill that is being proposed
to be introduced into the United States Congress to establish the Shenandoah Valley National
Battlefields Commission. Mr. Watkins said that this is in response to the National Park Service's
study that was recently completed on civil war battlefields in Virginia's Shenandoah Valley.
Mr. Watkins said that the bill proposes to establish a Heritage Commission
composed of local landowners, local government officials, and historic preservationists to
complete a Heritage Plan to identify battlefields and recommend methods for preserving them.
Mr. Watkins said that they are proposing various kinds of grant or funding programs to provide
support to battlefield preservation efforts.
No action was required by the Commission at this time.
Conditional Use Permit #009 -92 of Charles and Faye Grady for a dog kennel. This
property is located off of Route 735 on Route 709, in the Opequon District.
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Action - Tabled for 30 Days
Mr. Miller said that the application was for an existing, illegally operating kennel.
He said that Mr. and Mrs. Grady previously had a conditional use permit for a kennel and were
unaware that the county required a new one when they moved. He said that the kennel is
approximately 1500' from the rear and side property lines and is screened from the front by a
natural berm. Staff recommendations were for approval with conditions.
Mr. Romine asked if there was a limit to the number of dogs the applicants could
own on the site.
Mr. Charles Grady, the applicant, said that he is licensed for 50 dogs, but owns
57. In reply to Chairman Golladay, Mr. Grady said that he has not received any complaints
from neighbors concerning his dogs.
Chairman Golladay called for anyone wishing to speak in favor or opposition to
the conditional use permit and the following person came forward to speak in opposition:
Ms. Cheryl Anderson, owner of Aberdeen Acres, said that the Gradys were one
of 24 kennel operations that she filed a complaint against in February of 1992. Ms. Anderson
said that the Grady's facility and dog care was substandard, the lack of proper waste disposal
created a health problem, the Grady's were in violation of their kennel license, and they have
been operating without a current conditional use permit for the past three years.
Ms. Anderson felt the county set a standard when they approved her kennel. She
said she was required to have an architectural review, an acoustical engineering report which
resulted in her paying $4,500 for insulation and sound proofing, she was required to meet the
full BOCA Code for plumbing, which cost $5,000, and to lock all dogs inside at 9:00 p.m.
It was noted by Commissioners that there was a lot of opposition from neighbors
at the time Ms. Anderson's permit was approved.
The Commissioners were concerned that the Grady's were currently in violation
of their kennel license and that they may be in violation of other State and County Codes. They
felt that the Animal Control Officer should be notified as a reviewing agency on all future kennel
requests.
Upon motion made by Mr. Thomas and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
agree to table Conditional Use Permit x/009 -92 of Charles and Faye Grady for 30 days so that:
additional information can be provided on the status of the Grady's business license for the
operation of a kennel; an acceptable method of manure disposal can be provided which is
consistent with surrounding land use; and comments can be received from the County's animal
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control officers.
Conditional Use Permit #010 -92 of Lewis A_ Boyer, 11 for the relocation of an existing
landscaping business. This property is located on Route 277, east of the intersection of
Route 277 and Route 636, in the Shawnee District.
Action - Approved
Both Chairman Golladay and Mr. Wilson said they would abstain from discussion
and vote, due to a possible conflict of interest.
Mr. Miller noted that this CUP was for an existing landscape business that was
unknowingly operating illegally in the Residential Performance District. Mr. Miller said that the
property the applicant is proposing to move to is suitable for a landscaping business and an
existing house will serve as the office. He said that equipment and nursery items will be kept
at the rear of the property and is somewhat buffered by distance and existing vegetation. Mr.
Miller concluded by saying that the staff was somewhat uncomfortable with the prospect of
having this CUP approved without a site plan on file to mirror what is actually being developed
on the site. Staff recommendations were for approval with conditions.
Mr. Lewis Boyer, II, the applicant, presented a sketch of the site prepared by his
landscape architect. Mr. Boyer requested that the Commission accept this site plan in lieu of an
engineered site plan because of both his and his landscape architect's background and also
because it would require another 30 -60 days to have an engineered one prepared. Mr Boyer also
requested that he be permitted to increase the size of the sign to 4' X 4' or 4' X 8'.
The Commission determined that because of the need for certain technical
information on a site plan, such as land contours for stormwater management, and the need to
have the site plan reviewed by various reviewing agencies, that an engineered site plan would
be required.
Upon motion made by Mr. Romine and seconded by Mr. Shenk,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve
Conditional Use Permit #010 -92 of Lewis A. Boyer, II with a time limit for submittal of a site
plan being 30 days. This CUP was approved with the following conditions:
I. Any change in use will require a new CUP.
2. No more than one sign will be allowed and it shall be limited to eight square feet.
3. No structures shall be expanded to contain the use unless a revised CUP is obtained.
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4. All review agency comments must be addressed, including the submittal of an engineered
site plan.
5. Adequate parking shall be provided for employees, customers, and delivery vehicles (per
Article III, Section 3 -3, of the Zoning Ordinance).
The vote on this application was:
YES (TO APPROVE) DeHaven, Romine, Thomas, Shenk, Sherwood, Copenhaver, Light
ABSTAIN Golladay, Wilson
Cancellation of Conditional Use Permit #016 -91 of Christopher Chisholm and Stephanie
Slonaker. This CUP for a dog grooming kennel was located on property north of
Winchester on Route 522 North, in the Gainesboro District.
Action - Approved for Cancellation
Mr. Miller said that the applicants of CUP #016 -91, Christopher Chisholm and
Stephanie Slonaker, have moved to another state and the permit is no longer required. He said
that another permit has been recommended for approval at this location for the operation of a
bridal consulting service by the Rigglemans.
Upon motion made by Mr. DeHaven and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unan imously
cancel CUP #016 -91 of Christopher Chisholm and Stephanie Slonaker for a dog grooming
kennel.
Rezoning Application #001 -92 of John and Jane McAllister to rezone two acres from RP
(Residential Performance) to B2 (Business General) for a retail business_ This property
is located north and adjacent to Route 277, east of Stephens City, in the Opequon
District.
Action Approved
Mr. Tierney said that staff recommendations were for approval with the acceptance
of proffers. He said that the applicant has proffered the engineering and design of the potential
relocation of Warrior Drive and the cost of construction to the point where that alternate
construction would meet the cost of constructing the road as currently planned.
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Mr. Ron Mislowsky, with G. W. Clifford & Associates, was present to represent
the owners, Dr. John E. and Jane McAllister. Mr. Mislowsky said that this small section of land
would square off the B2 Zoning line. He agreed with the staff that the B2 zoning would
generate more traffic than residential zoning, but in light of the surrounding 16 acres of
commercially -zoned land, he felt the impact would be slight.
Mr. Mislowsky said that the applicant has also proffered to work with the County
to dedicate any other right -of -way that may be required for the relocation of Warrior Drive as
long as it does not effect lots that are already subdivided.
Mr. Douglas Kiracofe, County Fire Marshal, said that the Fire and Rescue
Department had two concerns regarding this development. First, the Stephens City Fire
Company has offered a response to the impact of this development on fire and rescue facilities,
since none was presented by the applicant; however, the Fire and Rescue Department has not
received any response to Stephens City's statement. Second, the Fire and Rescue Department
feels that there is a need for a traffic light at the Sherando School intersection.
Staff commented that the results of the computer model indicated no impact on
the county's budget in relation to fire and rescue because of the- revenue that will be generated
by the development. However, fire and rescue is not totally funded through the county's budget.
Upon motion made by Mr. Thomas and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Rezoning Application 11001 -92 of Dr. John E. and Jane McAllister to rezone 2.0 acres
from RP (Residential Performance) to B2 (Business General) for retail business use with the
following proffers:
1. The owners will bear the cost of engineering and design for the portion of Warrior Drive
that must be relocated to enter the Frederick County Parks and Recreation Department
property. This will move Warrior Drive to the east to intersect with Westmoreland
Drive. The owner will not be responsible for the extension of Westmoreland Drive.
2. The owners will agree to construct Warrior Drive in its new alignment to the extent that
it does not exceed the current contract prices that presently have been obtained to build
Warrior Drive as originally designed and approved. However, this new alignment of
Warrior Drive and the required right -of -way must not adversely impact upon or result in
the loss of any townhouse or single family lots reflected on the approved plans.
3. In consideration of the above proffer, the two -acre tract on the southwest corner of
Warrior Drive and Jefferson Village Court will be rezoned to B2.
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OTHER
Request of Fred Hamer Lake Isaac Estates developer, for the Extension of a Private
Road within Lake Isaac Estates
Mr. Miller said that following a Development Review and Regulations
Subcommittee meeting that Mr. Harper attended, Mr. Harper withdrew his request and,
therefore, no action was required of the Planning Commission.
Sewer & Water Service - Route 522 South Area
Mr. Tierney said that the Health Department concluded their survey of the septic
systems in the Route 522 South area, near the intersection of Route 644, and determined that
there is reason for concern for groundwater contamination in the area due to failing septic
systems. Mr. Tierney said that they based this determination on four factors: 1) poor soil quality
in the area; 2) general age of the area septic systems; 3) lack of reserve area for about two -thirds
of the homes; and 4) some residents pointed out that there were problems with neighboring
properties, but the Health Department was denied access to those properties.
Mr. Tierney reported that the Comprehensive Plan Subcommittee discussed how
to deal with the situation and came up with three alternatives: 1) add the area to the sewer and
water service area (SWSA), but not the urban development area (UDA), thereby discouraging
additional rezonings; 2) add the area to the UDA in as narrowly defined means as possible; 3)
add the area to the UDA and treat it as any other section of the UDA. Mr. Tierney said that the
Committee felt it would be a good idea to hold public meetings in the community to let the
residents know what is being considered and the implications of being in the UDA.
It was the consensus of the Planning Commission that this area should be added
to the UDA and/or the SWSA, but not before the next regular update of the Comprehensive Plan
by the Planning Commission and Board.
Slide Presentation by Frances Stanley on Community Appearance
Frances Stanley, Planner 1, gave a slide presentation on community appearance.
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ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 9:00
p.m. by unanimous vote.
Respectfully submitted,
46� 1 �- -
Robert W. Watkins, Secretary
JL W
James . Golladay, Jr., Cha , n
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