PC_10-21-92_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
October 21, 1992.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John
R. Marker, Vice Chairman /Back Creek District; S. Blaine Wilson, Shawnee
District; Todd D. Shenk, Gainesboro District; George L. Romine, Citizen at
Large; Ronald W. Carper, Gainesboro District; Roger L. Thomas, Opeyuon
District; Manuel C. DeHaven, Stonewall District; Marjorie H. Copenhaver, Back
Creek District; John H. Light, Stonewall District; and Beverly Sherwood, Board
Liaison.
Planning Staff present were: Robert W. Watkins, Planning Director; W. Wayne
Miller, Zoning Administrator; Lanny C. Bise, II, Planner 1; and Evan A. Wyatt,
Planner II
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES
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The first order of business was the consideration of the minutes of Qek+m 16,
1992. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of Qetvbwr sep
16, 1992 were unanimously approved as presented.
MONTHLY AND BIMONTHLY REPORTS
Chairman Golladay accepted the monthly and bimonthly reports for the
Commission's information.
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COMMITTEE REPORTS
Comprehensive Plan Subcommittee
Mrs. Copenhaver reported that a meeting was held with Department Heads who
were going to participate in the upcoming Comprehensive Plan public meetings. She said that
there was a lot of enthusiasm from the participating department heads.
Mrs. Copenhaver also reported that a meeting was held on Monday, October 19,
by the Stephens City /Frederick County Joint Planning Committee and zoning districts were
discussed. Mrs. Copenhaver said that Stephens City would like us to adjust our business zone
by making it somewhat deeper (using the railroad tracks as a buffer instead of the ridge of
ground on Route 11 N. from Stephens City to Bartonsville).
Development Review & Regulations Subcommittee (DRRS)
Mr. Wyatt reported that the DRRS conducted a van tour on October 8 with the
planning staff and viewed various commercial and industrial areas in the county.
Sanitation Authority
Mrs. Copenhaver said that the Sanitation Authority met on Monday, October 12,
and reported that this was the second quarter with an increase in lots approved for water and
sewer connections.
Mrs. Copenhaver said that the Authority has prepared a cost estimate of
$1,270,500 for the Route 522 South Sewer Project. This line would provide sewer from
Bufflick Road to Route 644 and would serve Southview, Westview, Buftlick Heights,
Shenandoah Mobile Home Court, and homes fronting along Route 522 South.
Mrs. Copenhaver also reported that the Route 522 South water line has been bid
to Route 644 and service will be available to all homes along Route 522, but no distribution lines
will be extended into subdivisions. Mrs. Copenhaver commented that this line will not solve the
problem of groundwater pollution, which is caused by failing septic systems in the area.
Historic Resources Advisory Board (HRAB)
Mr. Lilley reported that the HRAB met on October 20 and discussed two main
issues: 1) The HRAB would like to have an informal discussion with the Planning Commission
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on November 4 concerning procedures to recognize historic resource factors when considering
master development plans and rezoning applications; and 2) The Committee discussed the plaque
program and the possibility of the high school conducting a design project to design the plaque.
SUBDIVISIONS
Subdivision Application #009 -92 of Preston Place to create two lots from 19.949 acres.
This property is located on the east side of U-S. Route 522 and is identified with PIN
#640000A000045B_
Action - Approved
Mr. Duane Brown, Chief Surveyor for G. W. Clifford & Associates, was
representing this subdivision request.
Chairman Golladay asked if the right -of -way shown on the plan would remain.
Mr. Brown explained that the driveway located on Parcel #1 goes back to an existing residence.
He said that Parcel #1 has been approved for garden apartments. He said that a provision has
been incorporated into the transportation system for the garden apartments that allows for access
to the existing driveway.
Chairman Golladay inquired if there were plans for Parcel #2. Mr. Brown said
that there are no plans for Parcel #2 at this time. He said that the owners, Silver Communities,
Inc., have contracted with a company (Castle Development Corporation) to build the garden
apartments on Parcel #1. Mr. Brown said that they do not need or desire the entire property,
so the only purpose for this subdivision is so that the current owners can retain possession of
Parcel #2 once they sell everything else to the developers of the apartments.
Mr. Watkins said that in order to develop Parcel #2, a revised master development
plan would need to be submitted.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Subdivision Application #009 -92 of Preston Place to create two lots (Parcel #1 - 17.277
acres and Parcel #2 - 2.672 acres) from 19.949 acres in the Shawnee District.
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1993 -1994 SIX YEAR SECONDARY ROAD IMPROVEMENT PLAN DISCUSSION
Mr. Wyatt said that a public meeting was held by the Transportation Committee
on September 14th to discuss the 1993 -1994 Six Year Secondary Road Improvement Plan. Mr.
Wyatt said that no new projects were added and there was no change in order. He said that the
Transportation Committee has recommended approval of the plan.
Mrs. Copenhaver inquired about Item #17 under Incidental Construction which
was the bridge over Opequon Creek. Mrs. Copenhaver said she thought the money had been set
aside for that project. Mr. Wyatt said that Mr. Bushman of VDOT will be addressing the Board
of Supervisors on this project at the Board's October 28th meeting. He said that apparently, a
study turned up some historical significance in that area and VDOT was instructed to conduct
archeological and historical surveys.
Upon motion made by Mr. Romine and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the 1993 -1994 Six Year Secondary Road Improvement Plan as presented
by the Transportation Committee.
PUBLIC HEARINGS
Conditional Use Permit #012 -92 of Jill R_ Holden for a cottage occupation for book
binding. This property is located two miles beyond Cedar Grove Road on Route 654, and
is identified by PIN #210000A0000780 in the Gainesboro District.
Action - Approved
Mr. Miller said that the Cat Tail Run Book Bindery is solely operated by Mrs.
Holden and there are no plans for additional employees. Mr. Miller said that the work deals
with restoration of old books and produces no waste, noise, or traffic. Mr. Miller said that Mrs.
Holden's decision to go forward with this application was based on her desire to maintain the
existing cottage occupation sign she has along Route 654.
Mrs. Billie M. Johnson, mother of the applicant, Jill R. Holden, was present to
answer questions from the Commission.
Mrs. Melanie Nesselrodt, an adjoining property owner, was present to speak in
favor of Mrs. Holden's business.
Upon motion made by Mr. Carper and seconded by Mr. Light,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend
approval of CUP #012 -92 of Jill Holden for a cottage occupation for a book bindery with the
following conditions:
1) Signage will be limited to ordinance requirements for a cottage occupation sign.
2) Any expansion of the residence to specifically accommodate this use will require a new
conditional use permit.
Conditional Use Permit #009 -92 of Charles and Faye Grady for a dog kennel located on
Route 709 and identified with PIN #850000A0000130 in the Opequon District.
Action - Approved
Mr. Miller said that this CUP was tabled on August 5 in order to determine if Mr.
and Mrs. Grady were in compliance with the concerns of the Dog Warden's Office. The
application was tabled again on September 2 in order to work out additional problems
Mr. Miller read a letter from Dog Warden, Harold Whitacre, dated September 23,
1992. The letter stated that the condition of the property was in good order; the outside animals
were individually licensed in compliance with past requests; all waste was in compost; all
conditions were satisfactory and no violations were noted.
Mrs. Copenhaver asked if the Gradys were still exceeding the number of dogs
allowed by their kennel permit.
Mr. Charles Grady, the applicant, said that he has reduced the number of dogs
from 57 to 30 and plans to reduce that number even further. He said that he has 15 dogs of
breeding age and the other 15 are older dogs he no longer breeds.
Upon motion made by Mr. Thomas and seconded by Mr. Shenk,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of CUP #009 -92 of Charles and Faye Grady for a dog kennel on Route 709
in the Opequon District with the following conditions:
1) All review agency comments must be complied with.
2) Any change in use or expansion of facilities to accommodate this use will require a new
conditional use permit.
3) All associated materials shall be stored indoors.
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4) If a sign is displayed, a sign permit will be required.
5) All requirements of the Frederick County Code and the Code of Virginia pertaining to
the operation of dog kennels must be complied with.
ARCHEOLOGICAL SURVEY RESULTS PRESENTED BY PROFESSORS HOFSTRA
AND GEIER
Professors Warren Hofstra and Clarence Geier were present to review their
findings and recommendations on the second completed Archeological Survey. No action was
taken by the Commission.
VIRGINIA SCENIC BYWAYS PROGRAM DISCUSSION
Mr. Bise said that the Comprehensive Plans and Programs Committee investigated
the Virginia Scenic Byways Program as requested by the Planning Commission. (This request
was made in response to a request by the Citizens for a Quality Community to endorse the
designation of a number of rural routes in Frederick County as Virginia Byways.) Mr. Bise said
that the Committee's feeling was that the program did not accomplish anything that the county
could not do through the creation and adoption of local regulations. He said that the Committee
was concerned about the possibility of a planned road improvement being delayed due to a
decision being made at the State level to acquire additional right -of -way to protect a designated
byway. It was, therefore, the consensus of the Committee that the County should not endorse
the proposed designation.
After reviewing the informational material concerning the program, Mr. Thomas
felt that the Committee's conclusion not to endorse scenic byways was inconsistent with the
information the staff gathered from other localities, who stated that they had experienced no
negative impacts. Mr. Thomas felt the county should support a program that had the potential
of improving roadways and access ways into the city and county and yet would not require a lot
of effort and money on the county's part.
Other commissioners had concerns about protection of individuals' property rights.
For example, they felt there might be complications if someone wanted to cut timber from their
property or apply for a conditional use permit that was not quite appropriate in the view of scenic
byway advocates.
Mr. Bise mentioned that if a road is on the Six Year Road Improvement Plan and
scenic byway advocates raise concerns in Edinburg, the resident engineer could require additional
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right -of -way to do the road improvements.
Mrs. Copenhaver suggested that every property owner along the proposed scenic
byway be notified.
Mrs. Martha Wolfe, from the Citizens for a Quality Community, read a prepared
statement. Highlights of the statement were that a meeting was held and Department of
Recreation and Resources' Darrell Jones and VDOT's Bill Baker were in attendance. These two
gentlemen had stated that other counties were also skeptical; the program did not involve land
use regulations; any locality can withdraw at any time; no locality has ever had a complaint
about the program; scenic byways may or may not appear on a map; and a maximum 3%
increase in traffic could be expected.
Chairman Golladay suggested that the program be reviewed by the Historic
Resources Advisory Board (HRAB). Mr. Watkins said that if the HRAB reviewed the proposal,
it should be in the context of historic goals, which is the Board's area of expertise. The
commissioners felt that a cooperative effort between the CPPC and the HRAB might be
appropriate.
It was the consensus of the Commission that the scenic byways program should
be sent back to both the CPPC and the HRAB for more study and to prepare a recommendation
to the Commission.
PLANNING DEPARTMENT'S BUDGET AND WORK SCHEDULE
Mr. Watkins presented information on the Planning Department's current work
and budget for discussion. Some of the items discussed were the County Management Study
dealing with the Planning Department; the Planning Department's current work including specific
work carried out by individual staff members; and a summary of the Planning Department's
budget trends over the past several years. No action was required by the Commission.
ADJOURNMENT
No further business was discussed and the meeting adjourned at 9:00 p.m..
Respectfully
Watkins,
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