HomeMy WebLinkAboutPC_05-03-89_Meeting_Minutes• MEETING MINUTES •
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House, Winchester,
Virginia, on May 3, 1989.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr.,
Chairman; Beverly Sherwood, Vice - Chairman; John Marker, Back Creek
District; Carl M. McDonald, Gainesboro District; Manuel C.
DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District:
Douglas Rinker, Citizen at Large; and Marjorie H. Copenhaver,
Citizen at Large; Kenneth Y. Stiles, Board Liaison
ABSENT: George L. Romine, Citizen at Large.
Planning Staff present were: Robert W. Watkins, Secretary;
Kris C. Tierney; Evan A. Wyatt; and A. Bray Cockerill
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES
The first order of business was the consideration of the minutes of
April 5, 1989 and April 19, 1989. Upon motion made by Mr. McDonald and
seconded by Mr. Marker, both sets of minutes were unanimously approved as
presented.
BIMONTHLY REPORT
The Commission and staff reviewed pending and approved applications.
COMMITTEE REPORTS
Sanitation Authority
Mrs. Copenhaver said that the Sanitation Authority met in April and
presented their budget. She reported that the water line for Route 277 had
been bid and would go all the way to Wheatlands and continue to the pool
site. She said that the Sanitation Authority has projected that they will
have 600, new connections in fiscal year 88 -89.
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0 - 2 - 0
Preallocation Hearings in Staunton
Mr. Stiles reported that at the Preallocation Hearings in Staunton,
Frederick County representatives reaffirmed the county's position on the
extension of Route 37, the completion of Routes 522 North and 522 South
(four lanes), and reaffirmed the county's willingness to advance VDOT money
for design and engineering work on Route 37.
Route 642 (Macedonia Church Road) Improvements
Mr. Stiles said that various proposals were discussed for utilizing
local funds to participate in the State's program that sets aside up to
one half million dollars per locality in matching funds. He said that
subject to some limitations, land owner contributions were proposed in the
amount of one half million dollars and the county has applied for the
matching state funds.
SUBDIVISIONS
Final Subdivision Plat of Carriebrook for the division of 13.2488 acres
into a 1.9 acre tract and a 11.3 acre tract on Route 642 in the Shawnee
District.
Action - Approved
Mr. nave Holliday, President of Shiho, Inc., was the owner of this
property. Mr. Holliday explained that he is selling the 13 -acre tract in
seven equal sections to one individual over a seven year period. He said
that he was selling the property in this manner for tax and financial
reasons. Mr. Holliday asked if the next six divisions could be
administratively approved.
The commissioners instructed the staff to bring the remaining six
divisions to the Commission as information and if there were any problems,
the Commission would ask the staff to place the subdivision on the formal
agenda.
Upon motion made by Mr. Wilson and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the final subdivision plat of Carriebrook for the
division of 13.2488 acres into a 1.9 acre tract and an 11.3 acre tract,
located on Route 642, in the Shawnee District.
Preliminary Master Development Plan #002 -89 of Frederick Woods for
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0 -3-
apartments on 30 acres, zoned RP, located in the Opequon District.
Action - Approved
Mr. Charles W. Maddox, with G. W. Clifford & Associates, the
consulting engineers for the Case Edwards Company, reviewed the project
design with the Commission. Mr. Maddox said that they have proposed some
road relocations and lane transitions so that they do not create more
traffic problems than what currently exists on Routes 647 and 642. Mr.
Maddox said that this whole corridor is under intense scrutiny for
improvement; and in fact, is the subject of a grant request to the state,
funded in part by the developer, in order to make sure this new development
does not impact the transportation system beyond its capability.
Mr. Bill Tisinger, counsel for Case Edwards Development Company,
said that his client constructs projects, manages them, and keeps them. He
said that they do not sell their projects, but become members of the
community.
Mr. David Wilderman, Vice President of Development for the Case
Edwards Company, and Mike Fox, Project Manager, presented some slides of
previous projects constructed by their company. Mr. Wilderman also gave
the Commission some background on the Case Edwards Company, explained their
design concepts for the site and buildings, and described their tenant
profile.
The commissioners discussed whether the proposed intersection
changes were in accordance with VDOT's road improvement plans for Routes
642 and 647. It was noted that VDOT was in concurrence with the plan to
align Route 647 with Oakridge Drive; however, this work was not something
the Case Edwards group could do on their own, as it would require
acquisition of additional right -of -way on private property. The changes to
Route 642 were also consistent with VDOT's improvement plan.
Chairman Golladay called for citizen comments and the following
people came forward to speak:
Mr. Ron Paul, 943 Laurel Drive in Wakeland Manor, presented a
petition of opposition signed by 150 people in the area. Some of the
concerns listed in the petition were: 1) project would adversely affect the
value of their homes and community; 2) the high- density development would
place additional burden on already overcrowded schools; 3) project would
add to existing heavy traffic; 4) additional traffic would add to the
danger at the intersection of Routes 647 and 642, which is already
hazardous; 5) project would create additional demands for water and sewer;
6) project would place additional demands on the police and fire companies.
Mr. Ray Best, resident at the intersection of Route 642 and Wakeland
Drive, felt that this type of multi - family development was a detriment to
the area and the community in general.
Mr. Harrington Smith, 770 Mulberry Street in Lakeside, asked for the
total number of units proposed for the site. Mr. Wilderman, of Case
2885
• - 4 - •
Edwards, replied that the project will have three phases consisting of 296
total units, as follows: Phase 1--80 units; Phase 2--88 units; Phase 3- -128
units. Mr. Smith was of the opinion that the project should not begin
until improvements were made to Routes 642 and 647. He was also concerned
that the recreational facilities were not adequate for the number of people
proposed.
Mr. Maddox addressed'the road concerns at this point. He said that
their'two -prong approach included: 1) the .improvment of the Route 642
intersection by a permanent or temporary stop light, at the developer's
expense; and 2) the realignment of Route 642 and improvement of lane
transfers. Mr. Maddox said that the developer is willing to do whatever is
necessary to make this a safe intersection.
Ms. Irene Graham, 940 Macedonia Road, said that her home was located
very near to the entrance of the proposed development. She was very
concerned about the amount of traffic that would be passing in front of her
home.
Mr. Marion Davidson, 4528 Wakeland Drive, felt that apartment houses
would not fit in with the single - family homes and townhouses in the area.
Mr. John Kruger, 658 Laurel Drive, felt that the project should not
be approved until the Route 647 intersection was improved. Mr. Kruger also
felt that apartment buildings should not be placed within a single- family
community.
At this point, the Commission discussed some of the items of concern
regarding this project. It was noted that the developers were willing to
participate in the cost of improvements to the Route 642 intersection;
there will be fewer school children generated than for single - family homes
or townhouses; and stormwater runoff will have to be retained on the site.
Regarding the water capacity in this area of the county, it was noted that
the Sanitation Authority is extending water down Route 277, which will
include the construction of a water tower to provide a backup water source
and increased water pressure needed to service the area.
Upon motion made by Mr. DeHaven and seconded by Mrs. Sherwood, the
Commission unanimously voted to make the petition presented by Mr. Ron Paul
a part of the official record, as follows:
0
PETITION
TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick county in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick Woods Preliminary
Master Development Plan # ®002 -89, regarding construction for
apartments because of the following reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necessary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
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6. We are concerned that the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare.
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NAME ADDRESS "" p F
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NAME
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ADDRESS
4145 QA"z
8013
PETITION
TO THE FREDERICK COUNTY'PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick Woods Preliminary
Master Development Plan # f8.1s*7002 -89, regarding construction for
apartments because of the following reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necesary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
6. We are concerned that the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare.
N A M E ADDRESS
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NAME
ADDRESS
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• —'9 — •
PETITION
TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick Woods Preliminary
Master Development Plan # M002 -89, regarding construction for
apartments because of the following. reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necessary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
S. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
6. We are concerned that the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare.
NAM —E ADDRESS
1 -IA
2889
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NAME
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PETITION
TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick Woods Preliminary
Master Development Plan N .62002 -89, regarding construction for
apartments because of the following reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necessary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
6. We are concerned that'the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare.
NAME ADDRESS
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PETITION
TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick woods Preliminary
Master Development Plan # T=002 -89, regarding construction for
apartments because of the following reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necessary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
6. We are concerned that the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare.
NAME ADDRESS
� 7 "
s6�> Zt'� �4.
T V7 0A-c- nigcr- Z) R
1013
12 - •
PETITION
TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick woods Preliminary
Master Development Plan # 5=002 -89, regarding construction for
apartments because of the following reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necessary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
6. We are concerned that the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare.
NAME ADDRESS
b 74 2ZX —
67 -
�6e
ys- ( / 7 O A n l p6L P /L
7G,z dk
• - - 13 - •
PETITION
TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick Woods Preliminary
Master Development Plan A GM002 -89, regarding construction for
apartments because of the following reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necessary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
6. We are concerned that the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare.
NAM ADDRESS
P
2891
- 'I - 14 - •
r
TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick Woods Preliminary
Master Development Plan # ®002 -89, regarding construction for
apartments because of the following reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necessary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
6. We are concerned that the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare.
NAM ADDRESS
�IA �A�iP FL 1/R CTFVw�� ( ry -
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K V
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- 'I - 14 - •
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TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick Woods Preliminary
Master Development Plan # ®002 -89, regarding construction for
apartments because of the following reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necessary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
6. We are concerned that the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare.
NAM ADDRESS
�IA �A�iP FL 1/R CTFVw�� ( ry -
i� -�
TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick Woods Preliminary
Master Development Plan # C=002 -89, regarding construction for
apartments because of the following reasons:
I. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necesary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past. -
- 16 -
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J3AME ADDRESS // -
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VOp THE:FRM'tRICK. bbUNT,',V'' IMF ISSWk
We the undersigned resid®pts r�i}nd tapy pays��,0 f Fiipderick County in
the vicinity of - B,dptes- 642 $ne4 6 7, dq hereby r *Wectfµi ly
a.petiti.on the..comm$ssFon tql% FAde-rick W6ods PrellminaN
Magtoy Vevel�i nt P1� -A 002 -89, aegaxding Cons bct4Wrri f jZ
pari�e�ts bec ,e of tht fp owing ;Iasonei kt >
1.� To 'accept is p4aj� *13, adveAe a'ffedt the•1?esl value
.� oS r eal property in pur community.
2. T phi 36sity i(atlir� of fi -his development 4all lead to
fyrther crovdpd, con4iVions of the existing local sehiid3)3.
v`* fa
3. Thp, iA;re4Fe in trafficwhich iAVX*fassary to 'accommopatg-
th4 deYeloprwmt will a to the a2keady heavy, traffic on $oute 642
and §y7 „end create additiHW1 hazards to pedestr4arM and
k➢spegialij our ohildren whm ride tAe school buses.p
(. 4. TK intersection of Route$ 642 and 6 7 is- one th.p I605t.
"dangerous in the counOjy, and the present dan r will be iAcaepjsed
hl as a result of the increased t} ffic. ,
We are ' con®eyned 0 4hat the aVitional derands .fail water
service &Hd dXainan will overbh tie existing .'system whicU has
gxperiaencediffiLes in the � .
6: 'We ale CAcerned that the additional demands on polUjq and'
Mire' protgtion will ove,rburd4h the DisWg protection and iInpare
public safety and welfaxth
d
,NAME
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NAME
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ADDRESS
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NAME
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ADDRESS
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. 19 - •
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PETITION
TO THE FREDERICK COUNTY PLANNING COMMISSION
We the undersigned residents and tax payers of Frederick County in
the vicinity of Routes 642 and 647, do hereby respectfully
petition the commission to reject Frederick woods Preliminary
Master Development Plan '1 002002 -89, regarding construction for
apartments because of the following reasons:
1. To accept this plan will adversely affect the real value
of real property in our community.
2. The high density nature of this development will lead to
further crowded conditions of the existing local schools.
3. The increase in traffic which is necesary to accommodate
the development will add to the already heavy traffic on Route 642
and 647, and create additional hazards to pedestrians and
especially our children who ride the school buses.
4. The intersection of Routes 642 and 647 is one of the most
dangerous in the county, and the present danger will be increased
as a result of the increased traffic.
5. We are concerned that the additional demands for water
service and drainage will overburden the existing system which has
experienced difficulties in the past.
6. We are concerned that the additional demands on police and
fire protection will overburden the existing protection and impare
public safety and welfare. .
N E
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ME
ADDRESS
e /e. tVI,�ICJ[.NN
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go— "�&
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NAME
ADDRESS
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ego l;ez �l «ee
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• - 21 - •
Mr. Stiles requested that the applicant submit verification to the
Board of Supervisors that the size of the swimming pool met the
recommendations of the Parks and Recreation Department and he also
requested that a stipulation for approval be that occupancy will not be
allowed until the intersection is completed.
Upon motion made by Mr. McDonald and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Preliminary Master Development Plan #002 -89 of Frederick Woods for
apartments on 30 acres, zoned RP. This property is located on the
southeast corner of the intersection Routes 642 and 647, just north of
Albin Village, in the Opequon District.
The vote on this master plan was:
YES (TO APPROVE): Marker, Copenhaver, McDonald, Sherwood, Golladay,
DeHaven, Wilson
NO: Rinker
PUBLIC HEARINGS
Rezoning Request #001 -88 of ADD Partnership to rezone 200 acres from A -2
(Agricultural General) to RP (Residential Performance) for residential
building sites in the Opequon District. (This item was tabled from 4/5/89.)
Action - Approved
Mr. Dave Dorsey, a partner in the ADD Partnership, was the
representative for this application. Mr. Dorsey said that the other
partners included Arthur Fulton and Dorothy Fulton. Mr. Dorsey said that
ADD Partnership is willing to do its share to improve the Macedonia Church
Road. He added that they would like to have their property be rezoned so
that they can begin their feasibility studies.
Chairman Golladay called for citizen comments and the following
person came forward:
Mr. Harrington Smith, resident of the area, was concerned about the
traffic situation in light of all the rezonings taking place in this area.
Mr. Smith wanted to see Route 642 improved from the Opequon Bridge to Route
522.
The Commission again discussed the road improvement issue.
Mr. Rinker felt that the housing type to be constructed should be a
major consideration at the rezoning stage and if growth is to be
controlled, it should be done at the rezoning stage.
ME
0 - 22 - 0
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Rezoning Request #001 -88 of ADD Partnership to rezone
200 acres from A -2 (Agricultural General) to RP (Residential Performance)
for residential building sites. This property is located at the
intersection of Routes 642 and 636, just east of Stephens City, in the
Opequon District.
Rezoning Request #005 -89 of Bowman Trucking Company, Inc. to rezone 135.974
acres from A -2 (Agricultural General) to RP (Residential Performance) in
the Opequon District.
Action - Approved
Mr. Watkins said that the Route 642 improvement project also plays
an important role in this rezoning.
Mr. Bill Tisinger, attorney representing Bowman Trucking Company,
said that there are no immediate plans for development. He added that his
client is willing to participate in the improvements to Route 642.
Chairman Golladay called for citizen comment and the following
person came forward:
. Mr. Harrington Smith, resident of the area, expressed concern about
VDOT's comments that they had no objections to rezoning. Mr. Smith again
stated that prior to any development, improvements to Route 642 need to be
made.
Mr. Stiles said that a commitment must be received by VDOT on the
improvement of Route 642 prior to the Board of Supervisors' meeting on May
10 or the proposed rezonings would have to be tabled.
Mr. Rinker moved that this rezoning request be tabled until a
commitment was received by VDOT on the road improvement. This motion was
seconded by Mr. Marker, but was defeated by the following vote:
YES (TO TABLE): Rinker, Marker
N0: Copenhaver, McDonald, Sherwood, Golladay, DeHaven, Wilson
A motion was next made by Mr. DeHaven for approval of the rezoning.
This motion was seconded by Mr. McDonald and approved by majority vote.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Rezoning Request #005 -89 of Bowman Trucking Company, Inc. to rezone
135.974 acres from A -2 (Agricultural General) to RP (Residential
Performance) for single - family and multi- family residences. This property
is located north of the intersection of Virginia State Route 642 and Route
636 in the Opequon Magisterial District.
2896
• -23- •
The vote on this action was:
YES (TO APPROVE): Copenhaver, McDonald, Sherwood, DeHaven, Wilson,
Golladay
NO: Marker, Rinker
Rezoning Request $006 -89 of Jasbo, Inc. to rezone 94.79 acres from A -2
(Agricultural General) to RP (Residential Performance) in the Opequon
District.
Action - Approved
Mr. Bill Tisinger, attorney representing Jasbo, Inc., said that this
property will require some pumping for sewer service. He said that the
property has frontage on Route 636 and, because of joint ownership of the
adjacent property, has access to Route 642. Mr. Tisinger said that there
are no immediate plans for the property and the applicant is willing to
contribute their share for road improvements.
Mr. Stiles recalled that when the master plan for Fredericktowne
Estates was reviewed, which adjoins this property to the southwest, there
were discussions about providing additional access to the rear side of
Fredericktowne Estates through this property, parcel 104, and the Add
Partnership property. Mr. Stiles asked Mr. Tisinger if this was still
possible at this point in time. Mr. Tisinger replied that there were no
objections and this was probably already accomplished.
Chairman Golladay called for citizen comments and the following
person came forward:
Mr. Harrington Smith, resident of the area, had concerns about the
dangerous condition of Route 636. Mr. Smith felt that development should
not be started until road improvements were made.
It was noted that Route 636 was not on the Six -Year Plan, however,
it would be added in the spring.
Upon motion made by Mr. McDonald and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Rezoning Request #006 -89 of Jasbo, Inc. to rezone 94.79 acres from
A-2 (Agricultural General) to RP (Residential Performance). This property
is located west of Virginia State Route 636, north of Virginia State Route
277, in the Opequon District.
The vote on this application was:
YES (TO APPROVE): Copenhaver, McDonald, Sherwood, Golladay, DeHaven,
Wilson
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NO: Marker, Rinker
Conditional Use Permit #003 -89 of Keplinger Repair Service, Inc. for a
public garage specializing in fire and rescue equipment in the Gainesboro
District.
Action - Approved
Mr. Rocky Keplinger, owner of Keplinger Repair Service, said that
70% of his work is done outside of the county in existing fire stations.
He said that all other repair work is done inside his existing building.
Mr. Keplinger said that they will be adding a 20' X 20' addition for a
restroom and parts storage area. Mr. Keplinger noted that he had four
full -time employees and one part -time employee.
The commissioners discussed outside storage, noise, and hours of
operation with the applicant.
Chairman Golladay called for citizen comments and the following
person came forward:
Mr. Tom McFarland, part owner of McFarlands Mill, which adjoins the
Keplinger's property, said that they had no objections to the Commission
granting this conditional use permit.
Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #003 -89 of Keplinger Repair
Service, Inc. for a public garage specializing in fire and rescue
equipment, to be located on Route 654, off Routes 50 West and 803, in the
Round Hill area, Gainesboro District, with the following conditions:
1) All repair work shall take place entirely within an enclosed structure.
2) All exterior storage of parts shall be screened from view of surrounding
properties by a solid artificial or compact natural screen of at least
five (5) feet in height, which shall be adequately maintained as long as
such exterior storage is continued.
3) This shall be a one -year permit to be reviewed and renewed annually by
the staff, the Planning Commission, and the Board of Supervisors.
4) If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
5) Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., Monday
through Saturday.
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Amended Conditional Use Permit #005 -88 of Raymond B. Brill for a sand mine
operation on Route 603 in the Back Creek District.
Action - Approved
Mr. Watkins said that Mr. Brill would like to amend his permit to
remove the condition prohibiting crushing of rock or washing of sand. He
said that Mr. Brill also wanted to have a five year time limit on his
permit, instead of two years. It was noted that the Division of Mineral
Mining is involved with Mr. Brill's operation.
Mr. Thomas Pevalca, attorney representing Mr. and Mrs. Brill, said
that currently, the mine operator trucks the sand off the site for
processing and grading. He said that this involves the trucking of
material to another site, which has to be maintained solely for the purpose
of grading, and retrucked to the site of ultimate use. He said that if the
Brills were permitted to operate a rock crusher, aggregate could be reduced
and classified on site, and then trucked directly to the site of ultimate
use, eliminating double handling. He said that the raw material value is
not that great and the handling and double trucking can make the difference
between a viable or nonviable operation for the Brills.
Discussion with the applicant's attorney ensued concerning noise
levels, distance from adjoining property owners, and sand washing on the
site.
Mr. Raymond Brill said that he does not plan to wash sand on the
site because he would have to drill a well.
Chairman Golladay called for citizen comments and the following
people came forward to speak:
Mr. Kevin McWilliams said that he lived about one mile south of the
Brills. Mr. McWilliams was in favor of Mr. Brill being allowed to use a
crusher on the site.
Dr. Dave Gregg, representing his mother, Mary Ellen Farrell, the
owner of Gravel Springs Farm, was in opposition to amending the original
permit. Mr. Gregg was concerned about noise and pollution of the creek,
and he was also opposed to amending the time limit on the permit.
Upon motion made by Mr. Marker and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval of amending Conditional Use Permit #005 -88
of Raymond E. Brill for sand mine operations above the mean grade level
with the following conditions:
1) This is a five -year permit to be reviewed annually by the staff, the
Planning Commission, and the Board of Supervisors.
2) If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
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* - 26
will be required.
3) The mining operation, along with the sediment, erosion, runoff, and
spillage controls needed to allow the setback from Gravel Springs Run
to be placed at 50 feet, shall meet all requirements of the Virginia
Division of Mineral Mining.
4) The mining operations shall meet the landscaping and screening
performance standards; supplementary regulations; height, area, and
bulk regulations; and site plan requirements contained in the
requirements for the EM (Extractive Manufacturing) District.
5) The EM site plan shall be reviewed and approved administratively by the
staff.
6) Mining shall be limited to the 17.191 acre area described on the plat
provided.
7) No mining excavation shall occur within 200 feet of the boundaries of
adjoining properties not owned by the applicant or within 50 feet of
Gravel Springs Run.
8) Daylight hours of operation only. No Sunday operations.
9) The Zoning Administrator may require enclosure of the crusher, if
adverse noise impact occurs.
10) Wash water from sand washing shall be filtered before entering surface
water.
11) Only'.portable crushers are to be used on the site.
Conditional Use Permit #005 -89 of John B., Jr. and Delphia J. Shelly for
the retail sales of groceries, musical instruments and pickup truck caps,
to be located on the south side of Route 522, presently known as "Bayliss
Market," in the Gainesboro District.
Action - Approved
Mr. Watkins said that this is an existing, nonconforming use as a
country store and the applicant wants to expand the operation to include
truck cap sales.
Mr. John Shelly, the applicant, said that he would like to store the
truck caps outside on 12 -15 racks, three tiers high. Mr. Shelly said that
about six of the racks will be visable from Route 522. He added that the
racks will be surrounded by a chain -link fence.
The Commission discussed the items to be stored outside with the
applicant.
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Upon motion made by Mr. McDonald and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve conditional use permit #005 -89 of John E., Jr. and
Delphia J. Shelly for the retail sales of groceries, musical instruments
and pickup truck caps, with the following conditions:
1) If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
2) A site plan shall be reviewed and approved administratively by the
staff.
3) Outdoor storage areas shall be properly screened from view from the road
and surrounding properties. Outside storage shall not interfere with
driveways and parking areas.
4) The required number of parking spaces shall be maintained on the site.
Conditional Use Permit $006 -89 of Perry Engineering Company, Inc. for shale
mining on the north side of Route 50, approximately two miles east of I -81,
in the Shawnee District.
Action - Approved
Mr. Wilson said that he would abstain from discussion and vote, due
to a possible conflict of interest.
Mr. Watkins said that this conditional use permit is for shale
mining on land adjacent to the Perry Engineering headquarters. He noted
that some shale removal began before the applicant realized that a
conditional use permit was required. Mr. Watkins said that the applicant
intends to remove shale while maintaining the existing mean grade level to
allow future development of the property.
Mr. Michael Perry, of Perry Engineering Company, was present to
answer questions from the Commission.
Upon motion made by Mr. Rinker and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Conditional Use Permit #006 -89 of Perry Engineering Company, Inc.
for shale mining above the mean existing grade level with the following
conditions:
1) This is a one year permit to be reviewed and renewed annually by the
staff, the Planning Commission, and the Board of Supervisors.
2) If the use, occupancy, or ownership of the property changes, this
conditional use permit will expire and a new conditional use permit will
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be required.
3) New entrances onto public roads shall meet all requirements of the
Virginia Department of Transportation.
4) Existing vegetation shall be maintained in the buffer areas adjacent to
the side and rear boundaries.
5) The EM site plan shall be reviewed and approved administratively by the
Planning Staff.
The vote on this conditional use permit was:
YES (TO APPROVE): Marker, Copenhaver, McDonald, Sherwood, Golladay,
DeHaven, Rinker
ABSTAIN: Wilson
MOBILE HOME COMMUNITY AMENDMENTS
Action - Approved
Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve an amendment to Chapter 21, Zoning Ordinance, of the
Frederick County Code, Article IX, Mobile Home Community District,
providing general revisions to the article and including amendments to
subdivisions, perimeter setbacks, streets, and sewer and water.
RA (RURAL AREAS) DISTRICT
Action - Approved
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve an amendment to Chapter 21, Zoning Ordinance, of the
Frederick County Code, to combine the A -1 (Agricultural Limited) and the
A -2 (Agricultural General) Zoning Districts to form the RA (Rural Areas)
Zoning District and to provide general revisions to that district.
BUFFERS AND SCREENS
Action - Approved
Upon motion by Mr. Rinker and second by Mr. Marker,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve an amendment to Chapter 21, Zoning Ordinance, of the
Frederick County Code, Article II, Districts Generally, to add Section 2 -8,
Buffers and Screening. This section will add comprehensive provisions for
separating various uses through the use of buffers and screens.
There was no further business to discuss and the meeting adjourned
at 10:30 p.m.
Respectfully submitted,
James W. Golladay, Jr. Chairman
Robert W. Watkins, Secretary
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