HomeMy WebLinkAboutPC_08-03-94_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 3, 1994.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman;
Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District;
John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Charles
S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; Richard
C. Shickle, Gainesboro District; Roger L. Thomas, Opequon District; George L.
Romine, Citizen at Large; and Robert M. Sager, Board Liaison.
ABSENT: John R. Marker, Vice Chairman /Back Creek District; and Vincent DiBenedetto,
Winchester City Liaison.
Planning Staff present were: Robert
Wayne Miller, Zoning Administrator
Director.
W. Watkins, Director and Secretary; W.
; and Kris C. Tierney, Deputy Planning
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
BIMONTHLY REPORT
Mr. Miller said that the First Bank of Strasburg previously submitted a site plan
for a sign and automatic teller machine at the corner of Shawnee Drive and Valley Pike. Mr.
Miller said that the staff is requesting that they be allowed to administratively approve this plan.
Motion was made by Mr. Romine, seconded by Mr. Thomas, and unanimously passed to allow
the staff to proceed with administrative review and approval.
COMMITTEE REPORTS
Comprehensive Plan Subcommittee - 7/11/94 MtQ_
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Mrs. Copenhaver reported that the Comprehensive Plan Subcommittee discussed
the draft for the changes in the Comprehensive Plan that pertain to the corridor studies, Routes
7, 50, and 11. She said that two public meetings are scheduled for September 12 at Senseny
Road Elementary School and September 19 at Robert E. Aylor Middle School. Both meetings
will begin at 7:30 p.m.
Development Review & Regulations Subcommittee (DR &RS) - 7/26/94 Mtg.
Mr. Thomas reported that the DR &RS discussed landscaping requirements for
entranceways into the City based on the Economic Development Committee's Corridor
Appearance Task Force recommendations. Mr. Thomas said that the Subcommittee also
reviewed the new state farming regulations and how the County's ordinance will have to be
amended to meet those state regulations.
Sanitation Authority - 7/20/94 Mtg.
Mrs. Copenhaver reported that the expansion of the Parkins Mill Sewage
Treatment Plant has begun. She also noted that the Stephens City water tower was supposed to
have gone on line July 26.
Transportation Committee - 8/1194 Mta.
Mr. Thomas reported that a presentation was given to the Transportation
Committee bike paths and designated bikeways. Mr. Thomas said that the presentation pointed
out that the County needs to have a coordinated transportation plan, not only for bike paths, but
for pedestrians and motorized vehicles. He said that a pedestrian plan is still needed for the
County.
Chairman Golladay said that VDOT will have most of the incidental construction
items that are on the Six Year Secondary Road improvement Plan in this year's budget for
construction. Chairman Golladay requested that Commissioners contact the staff with any
additional incidental construction items that need to be added to the plan.
SUBDIVISIONS
Subdivision Application #004 -94 of Woodside to establish 66 lots for single- family
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detached housing. This property is identified with PIN 86 -A -20 and is located west and
adjacent to Route 641, approximately 0.25 miles south of the intersection of Route 277
and Route 641, behind the Jamesway Shopping Center in the Opequon District.
Action - Approved
Mr. Miller said that the proposed subdivision conforms with the approved MDP
with two exceptions. He said the plan shows Barkwood Drive being "stubbed off" where it joins
the Stowe property and utilizing a "Y" turnaround. He said that VDOT will not permit this and
the applicant is in the process of revising the plan. Mr. Miller said the other exception is that
Driftwood Drive is the only street on the plan that indicates a sidewalk along the street. Mr.
Miller said that the zoning ordinance requires sidewalks on both sides of all streets in
subdivisions containing lots of 15,000 square feet or less.
Mr. Ronald Mislowski, with G. W. Clifford & Associates, was representing this
application
The Commissioners were in agreement that sidewalks were needed on both sides
of all the streets within this subdivision to provide a place for adults and children to walk. Due
to the close proximity of a shopping center, they felt this subdivision would have considerable
pedestrian traffic.
The Commission commented on the fact that VDOT was requiring a 5' width on
the sidewalks rather than 4'. The staff noted that this was due to a decreased angle on the
entrance ramps and A.D.A. requirements.
The Commission discussed access to the Meadows on the west side of Driftwood.
Staff noted that a subdivision would be needed to establish and dedicate the road.
Mr. Mislowski described the design for the temporary turn- around on Barkwood.
Mr. Mislowski said this was a typical temporary turn- around with a 40' radius for emergency
vehicles. He said an easement is in place until the road is extended.
Mr. Sager stated for the record his concern about the traffic situation on Route 641. Mr.
Sager stated his dismay that no relief had yet been provided for vehicles coming northbound to
make a left turn into this subdivision. He said that the traffic light is overtaxed, Route 277 is
overtaxed and the people in Ridgefield and the Meadows subdivisions have difficulty getting in
and out of their subdivisions. Mr. Sager questioned why the roadway could not be expanded just
enough to provide a left turn lane northbound so that traffic may pass and not rear -end another
vehicle.
In summary, the Commissioners were pleased with the overall design of the
subdivision, however, they felt that sidewalks were needed on both sides of all streets within the
subdivision to handle pedestrian traffic. They also felt that all of VDOTs requirements needed
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to be met, and in particular, those regarding sidewalk widths and temporary turn - arounds.
Upon motion made by Mr. Thomas and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve
Subdivision Application #004 -94 of Woodside for 66 lots for single- family detached housing
contingent on sidewalks being added to both sides of all streets and that all staff and review
agency comments are adequately addressed prior to final administrative approval and recordation.
The vote was as follows:
YES (to approve): Stone, Light, Copenhaver, Wilson, Romine, Thomas, DeHaven, Shickle
NO: Morris
ABSTAIN: Golladay
MASTER DEVELOPMENT PLANS
Preliminary Master Development Plan #004 -94 of Star Fort to establish 163 single- family
detached homes_ This property is identified with PIN 54 -A -1 and is located adjacent and
south of Lauck Drive (Rt. 832) and adjacent and east of Route 522 North, in the
Gainesboro District.
Action - Recommendation of Approval
Mr. John H. Foote, Attorney for the developer, and Mr. Charles W. Maddox, Jr.,
design engineer, were representing the applicants, Mr. George Glaize and Mr. Carlin Smith.
Mr. Foote said that the deed that granted the Star Fort property to Middlesex Artillery Fleets
Battery, Inc. required that Star Fort be maintained perpetually as open space and as a historic
preservation site. Mr. Foote said that the MDP presented is for the residential development that
surrounds the Star Fort site. He said that resources to maintain the site currently do not exist
and they are proposing a "per lot assessment" to each residential lot for the operation of Star
Fort. He said that this will be public money subject to public scrutiny. Mr. Foote said that this
will be a funding mechanism for the operation and maintenance of Star Fort, however, the
property owners would not be liable for maintenance or accidents occurring on the Star Fort site.
Mr. Foote also noted that the applicant will provide public access to the fort and they will
provide buffering from the surrounding residential development.
Mr. Maddox said that their intent is to protect Star Fort's vista to Winchester and
to properly buffer adjacent uses in order to give the visitor to Star Fort a "re- creation"
experience. Mr. Maddox showed slides of the Star Fort site and surrounding uses; he indicated
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the general location of the main entrance onto Route 522; he discussed the stormwater
management plan, which consisted of road side ditches, culverts, and surface flow; he explained
the circular loop road and the bikeway /pathway which are planned through the residential
development; he also addressed the commercial area proposed along Route 522.
The Commission was concerned aboutthe applicant's stormwater management plan
because of the history of drainage problems in this general area. They were also concerned
about whether noise coming from Shockey Brothers, Inc. would impact the site.
Mr. Foote stated that they were prepared to put notes on individual property deeds
warning people of the existence of surrounding industrial development and of the probability that
Shockeys may expand their operations in the future.
The Commission discussed areas of the site that needed to be buffered. They felt
that the Star Fort site needed to be buffered from surrounding residential development and that
the residential development needed buffered from the proposed commercial areas and surrounding
industrial uses. Parking and bike trails were also discussed.
It was noted that VDOT did not want an access to Lauck Drive (Rt. 832);
however, the staff and applicant felt that a second access was necessary, especially for emergency
vehicles. Commissioners felt that Lauck Drive would become a much busier street. They felt
that if Lauck Drive was "de- emphasized" and a fully functioning main entrance was placed at
Rt. 522, that the majority of traffic would choose that route.
Mr. Tierney presented the background material and agency review comments.
Mr. Tierney said that a letter was submitted by Mr. J. Donald Shockey, Jr. on behalf of Shockey
Bros., Inc. staling for the record their intention to expand their facility in the future. Mr.
Tierney brought the Commission's attention to the issue of dedicating property, not owned by
the applicant, for open space and the precedent it may set. He said that if the owners of the fort
were a party to the application, then the acreage could be considered a part of the plan.
Chairman Golladay called for public comment and the following persons came
forward:
Mr. Robert Rhodes, the President of Fleets Virginia Battery Middlesex Artillery,
the owners of Star Fort, was present to speak in favor of the proposed master development plan.
Mr. Rhodes stated that when the fort property was downzoned by the Board of Supervisors, they
approved the fort as open space for future development. He said the deed of gift obtained by
Middlesex Artillery for the original three acres stated the land was open space and was accepted
as an agreement between Middlesex Artillery and the giftees that this would remain as open
space. In 1981, an additional four acres was gifted under the same conditions.
Mr. Rhodes felt the proposed development plan was Middlesex Artillery's
opportunity to do something positive with Star Fort. He felt the fort would be more meaningful
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if it was partially reconstructed with a museum in the commercial area, which was their long
term goal. Mr. Rhodes said that the Middlesex group has been working with the developer for
the last 12 years and they are very much in favor of what the developer is proposing.
Mr. Kenneth Y. Stiles, former member of the Planning Commission and former
Board of Supervisors Chairman, also gave the Commission some historical background
concerning the Star Fort site. Mr. Stiles said that the fort was zoned R6 in the early 1960s for
a high- density townhouse /apartment development. He said that about 10 acres of the R6 was
down zoned with the Comprehensive down zoning in 1980. He said that the Board accepted that
when Mr. Smith donated the property to Mr. Rhodes' group that this would be part of the open
space required for any development there.
Mr. Stiles felt that with regard to the Rt. 832 access, he understood the problems
the neighbors would have, but as a practical matter, he felt the bulk of the traffic would use the
Route 522 entrance. He felt that Rt. 832 was in good condition and it was policy for every
subdivision to have two access points. Mr. Stiles also stated that Mr. Rhodes has struggled with
Star Fort since 1980 with no outside assistance. Mr. Stiles felt this situation would benefit Star
Fort and he felt the County should support it.
Mr. George Glossner, resident on the west side of Lauck Drive, was concerned
about water runoff from the development creating drainage problems on his property. He also
requested that the Commission accept VDOT's recommendation not to have an access on Lauck
Drive.
Mrs. Susan Mallozzi, resident on Lauck Drive, was also opposed to having an
access to Lauck Drive. She said that Lauck Drive is now a low traffic street and children play
on the street. Mrs. Mallozzi was also concerned about getting cracks in her home if the
developer needed to blast to put roads in.
Mr. Robert Watkins, Frederick County Planning Director and staff support to the
Winchester- Frederick County Battlefield Task Force, saidthat the Task Force is very much in
support of the developer's proposal in terms of historic preservation. Mr. Watkins said that all
of the historic preservation groups are represented on the Task Force. He said that they have
reviewed this MDP and there is no dissent among them. Mr. Watkins said that the members of
the Task Force feel this is a positive way to address the issues of Star Fort and is a way to
preserve the historic site without using County funds.
At this time, a motion was made by Mrs. Copenhaver, seconded by Mr. Wilson,
and unanimously passed to make the letter from J. Donald Shockey, Jr., of Shockey Bros, Inc.,
a part of the official record.
The Commission requested some assurance from the applicant that there would
not be problems from the residential development with noise that may be generated by the
existing surrounding industry; that the applicant work with the staff to provide a road connection
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to Lauck Drive; that the applicant work with the staff towards a satisfactory resolution of the
open space issue; that it be made clear that individual lot owners would not be liable for
maintenance or any accidents occurring at the Fort property.
Upon motion made by Mr. Shickle and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Preliminary Master Development Plan X1004 -94 of Star Fort to establish
163 single - family detached homes contingent upon the staff and the applicant working out an
agreeable road connection to Lauck Drive and upon satisfactory resolution of the open space
issue, the provision of required buffers, and compliance with all other staff and review agency
comments.
Discussion regarding a rezoning request by Frank M. Funk to down zone from RP
(Residential Performance) to RA (Rural Areas) to establish lots for placement of mobile
homes. This property is located on the west side of Route 647 in the Opequon District.
Mr. Tierney said that Mr. Funk is considering applying for the rezoning of two
small lots, fronting on the west side of Route 647, from RP to RA. Mr. Tierney said that the
purpose for the rezoning would permit Mr. Funk to allow two of his grandchildren to place
mobile homes on the lots. Mr. Tierney said that mobile homes are not permitted under the
present RP zoning.
The Commission felt there were some potential problems with allowing a small
piece of RA zoning in the midst of an urban/ residential area. They felt there would be potential
conflicts in terms of non - compatibility of uses and were not generally in favor of the request.
Mr. Funk was not present.
Discussion regarding a proposed rezoning of 16 acres (the Wierman property) from RA
(Rural Areas) to RP (Residential Performance) for general development. This property
is located west of Mill Race Estates in the Stonewall District.
Mr. Ron Mislowski, P.E. with G. W. Clifford & Associates, gave the
Commission a preliminary presentation on a proposed rezoning of 17.6 acres, on the north side
of Valley Mill Road (Rt. 659), just west of Mill Race Estates, from RA (Rural Area) to RP
(Residential Performance). Mr. Mislowski said that there will be some land transfers taking
place between the Wierman property and the adjacent Racey property to make up the 17.6 acres.
Mr. Mislowski said that they plan to connect to Millrace Drive for access. He said that they are
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proposing 28 lots consisting of 17,000 square feet minimum per lot.
The Commissioners were concerned about the impacts to traffic and services in
that area.
Mr. Watkins stated that this area was in the Urban Development Area of the
Comprehensive Plan, however, impacts would have to be mitigated in some way. Mr. Watkins
said that the proffer system may be able to address the impacts and he also suggested that a full -
scale traffic study be done.
Mr. Richard Pifer, one of the partners for this project, said that the large lots, low
density they are proposing would minimize the number of trips going through Millrace Estates.
He said that they intentionally did not connect to Valley Mill Road because of the high volume
traffic and condition of that road.
No action was needed by the Commission at this time.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 10:06 p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
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Jam . Golladay, Jr., Chair
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