HomeMy WebLinkAboutPC_03-03-99_Meeting_MinutesMEETING MINUTES
• OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on March 3, 1999.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District;
S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek
District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro
District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; George L. Romine, Citizen
at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook,
Legal Counsel.
STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Planning Director; Eric
R. Lawrence, Zoning Administrator; Michael T. Ruddy, Planner II; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
® Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - JANUARY 6, 1999 AND FEBRUARY 3, 1999
Upon motion made by Mr. Marker and seconded by Mr. Light, the minutes of January 6, 1999
were unanimously approved as presented.
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of February 3,
1999 were unanimously approved as presented.
APPLICATIONS ACTION SUMMARY
Chairman DeHaven accepted the report for the Commission's information.
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® COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CPPS)
Mrs. Copenhaver, subcommittee member, reported that the CPPS will be holding two public
meetings on the South Frederick Land Use Study; one on Thursday, March 18, and one on Wednesday, March
31, both at 7:00 p.m., at the Armel School.
Economic Development Commission (EDC)
Mr. George Romine, Planning Commission liaison to the EDC, reported that the EDC has
published the Construction Service Directory and is working on the 1999 Commercial Profile.
Winchester Planning Commission (WPC)
Mr. Vincent DiBenedetto, member of the Winchester City Planning Commission, stated that
the WPC has recommended the subdivision of the Grim Farm. Mr. DiBenedetto said that there has been good
cooperation with the City staff and the applicant on the project.
•
PUBLIC HEARING
Rezoning #02 -99 of Tybrooke, L.C., submitted by Painter- Lewis, P.L.C. to rezone 2.99 acres from RA
(Rural Areas) to B2 (Business General). This property is located on North Frederick Pike (Route 522)
at Albin; one mile north of Winchester Bypass (Route 37), and is identified with P.I.N. 42 -A -253 in the
Gainesboro Magisterial District.
Action - Recommended Approval with Proffers
Mr. Evan A. Wyatt, Deputy Planning Director, noted two potential impacts: the Historic
Resources Advisory Board has identified an impact to the viewshed of the historic Long Green property and
has recommended that vegetative plantings be provided along the rear property line of the site; and second, the
results of the Capital Facilities Impact Model run demonstrated a negative fiscal impact to Fire and Rescue
Services for capital facilities costs. Mr. Wyatt said that the applicant's proffer statement appears to mitigate
the impacts identified by the various review agencies and prohibits eight specific uses that would be permitted
in the B2 Zoning District. He added that this site is located within an area that could be reasonably defined
as the Albin Rural Community Center; the Comprehensive Policy Plan recommends the provision of
commercial development within several community centers, including this one.
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Mr. John Lewis of Painter- Lewis, PLC, the design engineers for this rezoning, stated that the
® proposal is for minor commercial development and will be very restrictive because of two factors: the limited
capacity of the drainfield and no fire protection availability. He said that the applicant is looking for small,
commercial development, such as small shops that would complement the existing Ridge Country Store. Mr.
Lewis said that once this property is rezoned, they intend to file a subdivision application to subdivide the store
from the remaining three acres.
There were no citizen comments.
The Planning Commission believed this site was appropriate for commercial development and
no issues of concern were raised.
Upon motion made by Mr. Miller and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application 402 -99 of Tybrooke, L.C., submitted by Painter - Lewis, P.L.C. to rezone
2.99 acres from RA (Rural Areas) to B2 (Business General) with proffers as submitted by the applicant and
contingent upon all review agency comments being met.
Rezoning Application #03 -99 ofAikens & Allen L.P., L.L.P., submitted by Greenway Engineering, to
rezone 0.91 acres from RP (Residential Performance) to B2 (Business General). This property is located
on Ross Street, 90 feet from the intersection with Berryville Avenue (Rt. 7), near the Rt. 7/I-81 Exit 315
® interchange, and is identified with P.I.N.s 177 -2 -29B (City of Winchester) and 54G -1 -13B in the
Stonewall Magisterial District.
Action - Recommended Approval
Mr. Michael T. Ruddy, Planner II, stated that the commercial property within the City is under
development as a hotel and conference center, and the rezoned property within the County would be used for
uses accessory to the hotel and conference center, mainly as parking. Mr. Ruddy said that this rezoning will
present no impact to Frederick County capital facilities; the proposed uses would not generate any impact on
Frederick County Schools, nor Parks and Recreation, and the property will be served by the City of Winchester
Fire and Rescue Services. He said that for this reason, the Capital Facilities Impact Model was not run for this
rezoning application. Mr. Ruddy added that access to the hotel and conference center is via Ross Street and
Berryville Avenue, both within the City of Winchester. He further added that any impacts to the road
infrastructure will be mitigated through the City's site plan review process.
In conclusion, Mr. Ruddy stated that this 0.91 -acre rezoning request would not negatively
impact Frederick County, and any impacts on adjoining properties are minimal and would be mitigated through
the implementation of zoning district buffers. He added that the City of Winchester has expressed their support
for this application.
Mr. Mark Smith of Greenway Engineering, the design engineers for this application, was
available to answer questions from the Commission.
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There were no citizen comments regarding this rezoning application.
No issues of concern were raised by the Planning Commission.
Upon motion made by Mr. Light and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application #03 -99 ofAikens & Allen L.P., L.L.P., submitted by Greenway Engineering,
to rezone 0.91 acres from RP (Residential Performance) to B2 (Business General).
Rezoning Application #04 -99 of AMK Products, Inc. submitted by G. W. Clifford & Associates, Inc. to
rezone 7.354 acres from RA (Rural Areas) to MI (Light Industrial). This property is located on the
south side of Airport Road (Rt. 645), approximately 300 feet west of the intersection with Victory Road
(Rt. 728), and is identified with P.I.N. 64 -5 -4 in the Shawnee Magisterial District.
Action - Recommended Approval with Proffers
Commissioner Wilson said that he would abstain from discussion and voting on this rezoning
application, due to a possible conflict of interest.
Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review
® agency comments. Mr. Wyatt said that this rezoning request is consistent with the policies established in the
Comprehensive Policy Plan and is in conformance with the development patterns depicted in the Route 50 East
Corridor Land Use Plan and the Airport Support Area. He continued, stating that the language within the
proffer statement mitigates the impacts that would be realized by the Fire and Rescue Services, and the
monetary amount slightly exceeds the impact demonstrated by the results of the Capital Facilities Impact Model
run.
A member of the Commission inquired if any other party had proposed to participate in the
construction of the relocation of Airport Road (Rt. 645) and, also, if the proposed lot would have access to a
state - maintained road. Mr. Wyatt replied that this road was identified in the County's Capital Improvements
Plan (CIP); money has been secured from the FAA, as well as State funds and some local contributions that
will be used for the engineering, the right -of -way acquisition, and the construction element. Mr. Wyatt stated
that at this point in time, the money provided through the CIP is for design and right -of -way purposes; the
construction element is still outstanding. He said that this is not on the County's Secondary Road Improvement
Plan. He said that the airport, through their CIP, would relocate the road; however, it should be noted that all
they are doing is simply relocating the existing road right -of -way. It will be the same two -lane segment that
is currently existing on Rt. 645. Mr. Wyatt added that the property would have access to a state - maintained
road because the property in front was secured by the airport.
Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc., the design engineers for this
rezoning application, along with the owner of the property, Mr. Randolph E. Rodgers, Jr., were present to
represent AMK Products, the applicant. Mr. Gyurisin stated that AMK Products is a company from Oklahoma
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• that is relocating its operation to Frederick County. He said that the site plan will show all site improvements
and will address the concerns raised about access to existing or future Airport Road. He added that AMK
Products is proposing approximately 15,000 square feet of distribution space and they plan to employ 15
people.
Another question from the Commission concerned how the applicant planned to address
potential traffic impacts. Mr. Gyurisin replied that when they prepare the site plan, once they know exactly
the size of the facility, they will prepare a traffic study and analysis for VDOT; this will be submitted to the
Planning staff for review. Mr. Gyurisin envisioned they would initially have access from existing Airport Road
via a 60' right -of -way provided by the airport; they would be looking at a driveway situation across the two
acres owned by the Airport. He said that once the new road is implemented, they would anticipate a permanent
situation and they would provide whatever VDOT required. Mr. Gyurisin added that they would install a
standard commercial entrance and would align it with any airport entrances.
Chairman DeHaven called for public comment, but no one came forward.
No other issues of concern were raised by the Commission.
Upon motion made by Mr. Thomas and seconded by Mr.Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Rezoning Application #04 -99 of AMK Products, Inc., submitted by G. W. Clifford & Associates, Inc., to
rezone 7.354 acres from RA (Rural Areas) to M 1 (Light Industrial) with proffers as submitted by the applicant
and contingent on all review agency comments being addressed by the applicant.
® This vote on this recommendation was as follows:
YES (TO APPROVE) Miller, Stone, Ours, Thomas, Romine, DeHaven, Marker, Copenhaver, Light, Morris
ABSTAIN Wilson
Subdivision Application #04 -99 of JASBO, Inc., submitted by G. W. Clifford & Associates, Inc., for the
subdivision of a 45.6727 -acre MI (Light Industrial) tract into five lots. The property is located on the
west side of Shady Elm Road (Rt. 651), south of Winchester Bypass (Rt. 37), and is identified with P.I.N.
63 -A -60 in the Back Creek Magisterial District.
Action - Recommended Approval
Mr. Eric R. Lawrence, Zoning Administrator, stated that a master development plan would
not be appropriate, nor apply to this site because there are no plans for internal road circulation or storm water
management. Mr. Lawrence said that the staff had a concern with the access onto Shady Elm Road and
discussed establishing possible easements to limit the number of entrances. He said that staff is recommending
that Lots I and 2 share an entrance and it should align with Industrial Drive. Lots 3, 4, and 5 should share an
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® entrance and that entrance could be aligned with the entrance into Dawson Investments. Mr. Lawrence
explained that one of the benefits to aligning the entrances is that Shady Elm Road is slated by WATS to be
a four -lane divided highway and by aligning entrances, there is greater potential for crossovers, etc.
Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc., the design engineers for this
subdivision, was present to represent the applicant, JASBO, Inc. Mr. Gyurisin stated that they will be
dedicating approximately two acres along Shady Elm Road for additional right -of -way, they have initiated a
site plan for the development of Lot 1, and they plan to align the entrance for Lots 1 and 2 as suggested by the
staff. He continued, stating that they will align future entrances for the remaining lots with the existing
entrances across the street. Mr. Gyurisin informed the Commission that Lot 1 will be occupied by a local
company which is planning to expand and relocate here. He said that the lot is served by Winchester City's
utilities.
Chairman DeHaven called for public comment, however, no one came forward to speak.
No issues of concern were raised by the Commission.
Upon motion made by Mr. Marker and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Subdivision Application #04 -99 of JASBO, Inc., submitted by G. W. Clifford & Associates, Inc.
for the subdivision of a 45.6727 -acre, M1 -tract into five lots contingent upon the applicant satisfying all the
review agency comments.
Subdivision Application #10-99 of Viola M. Destefano, submitted by Dove & Associates, for the
subdivision of a 1.0282 -acre RP tract into two lots. The property is located at the intersection of Front
Royal Pike (Rt. 522) and Bentley Avenue, and is identified with P.I.N. 64 -2 -A in the Shawnee District.
Action - Recommended Approval
Mr. Eric R. Lawrence, Zoning Administrator, stated thatthe master development plan has been
waived for this project, based on the scale of the subdivision proposal. Mr. Lawrence said that this is an older,
established lot surrounded by the Chapel Hill subdivision which contains 15,000 square foot lots (this is a
45,000 square foot lot). He said that the applicant wishes to divide it in half; the original house will remain
on the front portion and a 15,000 square foot lot will be created in the rear, with access onto Bentley Avenue.
In addition, Mr. Lawrence stated that the lot in the rear will be made part of the Chapel Hill subdivision.
A member of the Commission inquired if the existing dwelling on proposed Lot 1 would be
in violation of the front setbacks bordering Bentley Avenue, if the subdivision was approved. Mr. Lawrence
replied that it would, however, it is legally nonconforming.
Mr. Edward Dove, President of Dove & Associates, was representing the applicant and
contract purchaser, Valley Development Group, Inc., which is part of Oakcrest, the developer and builder of
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Chapel Hill subdivision. Mr. Dove said that the owner, Ms. Viola M. Destefano, desires to sell her house and
purchase a smaller home. Mr. Dove explained that Mr. James T. Vickers, one of the principals of Valley
Development Group, Inc., will include the new 15,000 square foot lot within the Chapel Hill subdivision, as
far as restrictive covenants are concerned. A member of the Commission said that if the lot is to legally become
part of Chapel Hill, it will need to be reflected in the plat.
It was also suggested by the Commission that Mr. Dove's client move the existing entrance
on Route 522 over to Bentley Avenue.
There were no public comments.
Upon motion made by Mr. Miller and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Subdivision Application 410-99 of Viola M. Destefano, submitted by Dove & Associates, for the
subdivision of a 1.0282 -acre RP tract into two lots with the stipulation that it be designated as a part of the
Chapel Hill subdivision and also contingent upon the applicant satisfying all review agency comments.
The following three rezoning applications were presented together, however, each of the rezonings were
acted on individually.
Rezoning #05 -99 of Giles Farm, submitted by Greenway Engineering, to rezone 140.2 acres from RA
• (Rural Areas) to RP (Residential Performance), and 12.0 acres from RA (Rural Areas) to B2 (Business
General). This property is located on the north side of Senseny Road, 850 feet east of Beans Pond Lane,
across from the Burning Knolls and C.M. Lockhart subdivisions, and adjacent to the Bedford Village
and Apple Ridge subdivisions, and is identified with P.I.N. 65 -A -39 in the Stonewall Magisterial District.
Action - Tabled; Applicant Waived Time Requirement
Rezoning #06 -99 of Sheppard/Futral, submitted by Greenway Engineering, to rezone 132.70 acres from
RA (Rural Areas) to RP (Residential Performance). This property is located on Eddy's Lane (Route
820), approximately 0.8 miles from the intersection with Valley Mill Road and adjacent to the Apple
Ridge and Senseny Glen subdivisions, and is identified with P.I.N.s 55 -A -209, 55 -A -211, 55 -A -213 and
65 -A -40 in the Stonewall Magisterial District.
Action - Tabled; Applicant Waived Time Requirement
Rezoning #07 -99 of Lynnehaven, submitted by Greenway Engineering, to rezone 81.4 acres from RA
(Rural Areas) to RP (Residential Performance), and 10.0 acres from RA (Rural Areas) to B2 (Business
General). This property is located west of Beans Pond Lane, 400 feet from the intersection with Senseny
Road, and adjacent to the Carlisle Heights subdivision, and is identified with P.I.N.s 55-A-206,65-A-30
and 65 -A -31 in the Stonewall Magisterial District.
Action - Tabled; Applicant Waived Time Requirement
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• Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review
agency comments for each of the three rezoning applications. He said that the cumulative total for all three
rezonings is approximately 355 acres to be rezoned from RA to RP with the remaining 22 acres being rezoned
from RA to B2. Mr. Wyatt pointed out the location of each of the properties on display maps.
Mr. Wyatt continued, stating that three potential impacts have been identified by the staff:
transportation, school facilities, and solid waste convenience centers. He said that the proposal is consistent
with the land use patterns identified in the Comprehensive Policy Plan and the general road network layout is
consistent with the Comprehensive Policy Plan's Eastern Road Plan Map. Mr. Wyatt said that the Frederick
County Public Schools and the County Engineer express concern with the impacts this proposal would create
to their facilities, while staff has identified the need to adjust secondary road improvement priorities to fund
future improvements to the road systems within the proximity of the properties. Mr. Wyatt added that the
applicant's proffer statement provides significant concessions to offset the impacts created by the rezoning;
however, the staff has concerns regarding the ambiguity of some of the proffered conditions which could make
the timing for enforcement difficult. He said that the staff believes that many of these issues could be clarified
through the submittal of a proffered generalized development plan which ties the proffered conditions for the
construction of building lots, road segments, traffic signalization, pedestrian walkways, and other applicable
development issues into a specific phasing plan.
A member of the Commission asked the staff if the WATS plan shows Charming Drive going
out to Route 50. Mr. Wyatt replied that Charming is defined as a major collector road and is ultimately
envisioned to provide access from Route 7 all the way through to Route 50 East, however, this application
alone would not get it there. He said that the ultimate design of the various subdivisions in this area, as they
® come into development, eventually would.
Mr. Sager stated that a 15 -acre portion has been proffered for a school site; however, the
County normally only looks at sites for schools that are 25 -30 acres. Mr. Wyatt pointed out that normally,
the County looks at larger school sites because there is a partnership with the County Parks & Recreation
Department. Mr. Wyatt explained that this site would strictly accommodate a school and would not have a
Parks & Recreation opportunity; he explained that the School System is very aware of this site and are studying
the property's feasibility. Mr. Sager said that he is concerned because just across the street, over in the Redbud
area, there is a 100+ acre site which the County had designed for schools, and it seems like a moot point to
designate another school site less than a mile away.
Another Commissioner said that if the parcels are considered together, there will be 355 acres
of RP -zoned land which will require a minimum of 15% and a maximum of 30% open space, which calculates
to approximately 56 acres of open space. It was pointed out that if you subtract the 15 -acre school site and
the areas of steep slopes, there may be only 28 acres of "building property" that would need to go into open
space on this development, which is not much of a contribution.
Mr. Mark Smith with Greenway Engineering, the design engineers for the three rezonings,
gave a brief history of how the project proposal and overall road network was accomplished. Mr. Smith
explained that approximately in June of 1998, a couple of local builders were considering the Giles farm for
development. He stated that in working with the Comprehensive Policy Plan, they proposed a revised road
network that the Commission has reviewed several times and endorsed. He said that they arrived at a situation
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Minutes of March 3, 1999 Page 318
where they realized that Charing Drive needed to be built and that aroused consideration of the Lynnhaven
project. Mr. Smith said that a cost- sharing arrangement to build Charing Drive was worked out. He
explained that as feasibility studies continued, along with discussions on the development potential of the
property, the sewer capacity issues were considered, which brought the third property into play, the
Sheppard/Futral property. He said that although the Sheppard/Futral property owners do not want to sell their
property for a few years, they wanted to be included in the future planning effort.
Mr. Smith next discussed the neighborhood commercial area, the entrance and streetscaping,
the community recreation center, and the trail system. Regarding the school site, Mr. Smith said that they've
had three meetings with representatives of the school system. He said that school representatives agreed to the
15 acres, partly because they will be provided road access, water and sewer, and off -site storm water
management. Mr. Smith next discussed the proffers dealing with road planning and water issues. He believed
the biggest commitment was the $75,000 that will be available at the time of rezoning for a traffic signal and
improvements to Senseny and Greenwood Roads. He added that a pump station, designed to serve all three
properties, will be built by the developers and then turned over to the Sanitation Authority for ownership and
maintenance.
Mr. Smith continued, stating that meetings were held with various homeowners groups and
most of the attendees said they did not have problems with the plan, but were more concerned with the affect
of increased development on the school system and the quality of education. Mr. Smith requested that the
rezonings be tabled without a time frame, so they could rework the proffers in an acceptable fashion.
There was discussion between the Commission and Mr. Smith about the traffic situation.
Commission members believed that a detailed traffic analysis needed to be submitted by the applicant.
® Mr. Jerry Copp, VDOT's Resident Engineer, and Mr. Norman Sparks, VDOT's Assistant
Resident Engineer, came forward to answer questions from the Commission. Commission members wanted
to know what level of service could be expected along Senseny Road, considering its present condition, once
the development is built. They also wanted to know what could be expected at the intersections, and in the
future, would there be a necessity to four -lane Senseny Road. Mr. Copp replied that VDOT is not only
considering these three properties proposed to be rezoned, but the other properties between Route 7 and 50 that
have already been rezoned. Mr. Copp stated that they are uncertain if, and when, Channing Drive will be built
from Valley Mill Road to Senseny Road and when Charing Drive will be constructed from Senseny Road
to Route 50. He said that there are many questions that they do not have the answers for at this time. Mr.
Copp said that VDOT will be looking for the developer or the County to provide them with a traffic impact
analysis with a level of service according to phases of development; VDOT will then review the analysis and
determine if it is correct. Regarding the Greenwood/Senseny Road intersection, Mr. Copp said that VDOT will
be advertising Greenwood Road construction, between Senseny Road and Valley Mill Road, in Spring of 2000
and a traffic signal at Greenwood Road and Senseny Road will be included as a part of the project. He said
that no VDOT right -of -way is available along Senseny Road for widening purposes. He did not believe Route
37 would be constructed in this general area at any time in the near future.
Members of the Commission asked Mr. Copp if he and his staff would be agreeable to
reviewing an analysis to predict the level of service at various intersections under different scenarios; for
example, a level of service without the connection to Valley Mill Road or the connection to Sulphur Spring
Road. Mr. Copp replied that they would certainly want to review that, along with other scenarios to determine
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the impacts to the overall road network within this area. Mr. Copp said that all this will be examined in
• conjunction with all the other impacts that are occurring everyday in this location.
At this point, Chairman DeHaven called for public comments and the following persons came
forward to speak:
Mr. Richard Crane, Stonewall District, came forward to endorse the rezoning proposals. Mr.
Crane said that he realized when he moved here that growth would occur and development would eventually
line the entire Senseny Road corridor. He said that he wanted that growth to be planned, single - family dwelling
communities and that is exactly what these three rezoning propose. Mr. Crane believed that the County should
work with the developers to gain as many amenities as possible.
Mr. Scott Gregory, Back Creek District, stated that he was one of the spokesman for Friends
of Frederick. Mr. Gregory was concerned about the cost of residential growth. Mr. Gregory believed that the
growth should be slowed down and be paid for as it occurs.
Ms. Barbara Van Osten, Back Creek District, had many questions about the long -range impact
that the proposed rezonings would have on Frederick County, such as: status of water resources, a build -out
analysis for urban and rural areas, the ratio of industrial to residential development, and the impact to the
school system. Ms. Van Osten urged the Commission to table the request until the carrying capacity of the
County was determined.
Mr. Blaine Dunn, resident of Bedford Village, was concerned about the previously -zoned RP
areas that did not have to submit proffers and will take another five to ten years to develop. Mr. Dunn inquired
why the Commission would consider rezoning additional land when there were already enough RP -zoned areas
that have not yet been built upon. He was also concerned about the additional traffic impact to Senseny Road.
Mr. Dunn suggested that there be a planned park, or some other area designated for the children to play,
besides on the streets.
Mr. William Rinkenburger, homeowner at Carlisle Heights, was concerned about
overcrowding of schools, especially the Redbud Run Elementary School, and the effect of overcrowding on the
quality of education provided. Because of the size of the facilities at the school, he believed that some children
would be cheated on their library time, computer time, gym time, etc. Mr. Rinkenburger was concerned about
how rapidly this area of the County was growing and he felt steps should be taken to slow the rate of growth
down.
Mr. Wayne Nicholson, resident at 123 Princeton Drive in the Shawnee District, was not
convinced that the whole school issue had been examined thoroughly enough. He wondered if the trips per day
associated with the proposed school were included in the traffic figures calculated by the applicant. Mr.
Nicholson inquired if the City of Winchester was informed about the proposed rezoning because of the traffic
impacts this proposal would create on the City. He inquired about whether the proffers were legally binding
if the property was sold; and, he inquired if research was done to determine if any battlefields or historic areas
were located on the property. Mr. Nicholson recalled that the Opequon Sewage Treatment Plant flooded within
a short time after it opened and he wondered if the topography was considered in relation to the Opequon Creek
and the surrounding hilly terrain. Mr. Nicholson believed that RP Zoning was going to be the ruin of Frederick
County and he believed the County would soon reach a point when all the apple orchards were gone. Mr.
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® Nicholson was opposed to the rapid growth that was occurring and its effect on the quality of life for the
residents of Frederick County.
Mr. Daryl Bean representing his mother, Mrs. Martin L. Bean, resident at 561 Bean Pond
Lane, said that his mother does not approve of the proposed project. Mr. Bean said that his mother has lived
on Senseny Road since 1961, when it was very rural, and they have watched the area grow. He said that some
of the growth has been good, but he believed that some hadn't been planned the way it should. He believed that
eventually, this land will be developed; however, he believed the road system, especially Senseny Road, needed
to be addressed because of the traffic problems. Mr. Bean also believed the school situation needed to be
addressed because of the overcrowding. Mr. Bean said that he appreciated Mr. Smith working with them to
give them different road options on the property to his mother's, however, they are still concerned about her
privacy, her right -of -ways, and her easements.
Mr. Greg Bancroft, a resident of Frederick County since 1992, said that he was one of the
persons hoping to get this property rezoned. Mr. Bancroft wanted to share with the Commission his and his
partner's vision of what they planned for this area. He said that when they started working with staff over a
year ago, the staff encouraged good planning and stressed the importance of working with VDOT, the
Sanitation Authority, and the necessity to rework the Comprehensive Road Plan. Mr. Bancroft said that many
people have asked him where they could find a home in a planned community in Frederick County that has curb
and gutter, sidewalks, recreational areas, and/or a trail system that leads to a school. He stated that these types
of communities are not available in the County. Mr. Bancroft believed their proposal fits the description of
what many people are searching for and he believed this development would be a benefit to the County.
Mrs. Gina Forrester, resident of the Stonewall District, said that she was representing 120
• homeowners in the Apple Ridge Subdivision. Speaking for herself and the Apple Ridge homeowners, Mrs.
Forrester believed that the County's infrastructure could not handle the additional growth that this rezoning
would create and the impacts created would negatively affect their quality of life. Mrs. Forrester raised the
following issues: the increased traffic on Senseny Road, the desire for no tractor trailers on Senseny Road, the
opinion that there already was a sufficient amount of land zoned for residential development; the desire for no
duplex or multiplex units because of the increased density; the amount of money it would cost to construct an
additional solid waste facility to accommodate additional development; and, the cost of building additional
schools and personnel salaries. Mrs. Forrester wondered where will the funds would come from. Mrs. Forrester
stressed that the County did not have the school capacity or the road capacity to handle this kind of growth and
the applicant's proffers did not come close to mitigating those impacts.
Mrs. Janita Giles, one of the owners of the Giles farm, spoke in favor of the proposed
rezoning. Mrs. Giles believed that the gentlemen who designed the plan did a very good job and that it would
help development east of the City.
Mr. Claus Bader stated that he is employed by Greenway Engineering, he is a landowner in
Frederick Heights, and he was also purchasing a lot in Senseny Glen. Mr. Bader believed that this proposal
would not increase the number of building permits issued per year, but wouldjust draw more people from other
subdivisions in the area. Mr. Bader said that he supported the proposed development and believed it was a
good plan.
Mr. Charles Pinkam, Vice - President of the Homeowners Association of Section I in Pioneer
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• Heights, stated that he represented 159 property owners in stating that they are unanimously against the
proposition primarily on the basis of school impacts and taxes.
Mr. Wilson Gilbert, President ofthe P.T.O. for both the Senseny Road Elementary School and
the James Wood Middle School, stated that there are children in the Senseny Road area, who are in the fifth
grade, who have been relocated to schools three times without ever leaving the same house. He was very
concerned about the overcrowding of schools. Mr. Gilbert believed that growth at this accelerated speed had
to stop.
Mr. Kenneth Y. Stiles, former Chairman of the Frederick County Board of Supervisors, and
resident of the Stonewall District, stated that this property has been identified for residential use for more than
25 years. Mr. Stiles said that the best way to protect the rural parts of Frederick County is to allow
development to occur where it is designed to occur and where the services are in place, such as with this
location. He continued, stating that whether this project is approved or denied, next year the County will issue
somewhere between 650 -700 residential building permits; the number of building permits issued next year will
not be a result of whether or not this rezoning is approved. Mr. Stiles believed that in a county the size of
Frederick, with a population of 55,000, an additional 500 -600 houses per year would not overwhelm us with
growth.
Mr. Stiles next spoke about the schools and overcrowding issue. Using the School Board's
figures, Mr. Stiles stated that the elementary schools in Frederick County were approximately 800 students
below capacity. He agreed that Redbud Run Elementary School is overcrowded; however, the four elementary
schools whose attendance zones are adjacent to Redbud Run -- Stonewall, Senseny Road, Robinson, and Armel,
are all 100+ students below their capacity. Mr. Stiles also stated that the enrollment in the two high schools,
® James Wood and Sherando, is exactly the same this year as it was last year; and, in fact, Sherando's enrollment
is down this year from last year.
Mr. Stiles suggested that before the Planning Commission made a decision on this, that the
Commission specifically tie down the completion of Charming Drive through Fieldstone to Valley Mill Road
to get traffic off Senseny Road. He also suggested that the Commission address the issue of getting the bridge
replaced at Dr. McHale's on Valley Mill Road which, as it is now, is and will become a worse bottleneck.
Mr. Stiles concluded that this is good, long -range planning. He said that it has been suggested
that a prudent approach needs to be taken and he believed that 79 units per year and 31 elementary students
per year certainly qualified as prudent.
Mr. Scott Straub, resident of the Stonewall District, compared the growth in Frederick County
to the growth in Loudoun County. Mr. Straub believed the idea of building little feeder roads out to Valley
Mill Road to get out to Route 7 was ludicrous because Valley Mill, Greenwood, and Senseny Roads were little
two -lane roads. Regarding long -term traffic planning, he believed the County needed to look all the way out
to Pleasant Valley. He believed that Frederick County was not ready to absorb this kind of growth.
Mr. Randy Forrester, resident of the Apple Ridge Subdivision in the Stonewall District, stated
that this proposal is not in the best interest of the citizens of the County at this time. Mr. Forrester believed
that the County has already approved enough residential areas to keep area builders busy for over ten years.
Regarding the subject of overcrowding of schools, Mr. Forrester disputed the school capacity figures previously
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reported by one of the citizens who previously spoke, stating the figures were architectural capacity figures and
not practical capacity figures. He said that the empty seats in question come from shared computer labs,
smaller classes for special education, and art and music rooms. He continued, arguing that the applicant's
school proffer does not meet the needs of even this proposal, let alone offset the cost to the County to build,
staff, and supply a school at this site. Mr. Forrester next stated his concerns about the traffic impacts and the
cost of a new solid waste facility.
Ms. Katherine Winesong, resident of the Back Creek District, was concerned about the
availability of water resources and the lack of a detailed water study. She felt the County needed to first
determine if there was enough water to take care of the existing residences, before approving additional
development.
Ms. Audrey H. Gleske, resident of Gore in the Gainesboro District, said that the governing
bodies, the citizens, and the school board should work together towards acquiring the necessary funds to
support growth. She spoke about a defeated impact bill, Senate Bill #693, which would require subdivisions,
approved prior to the proffers mandate, to pay impact fees at the time of building permit application. Ms.
Gleske stressed the need to go back to Richmond and petition to have this bill re- issued. In addition, she said
that House Bill #2324, a special use permit, would also have given local jurisdictions more control over growth.
She said that because our legislators in Richmond turned this down, it negated our ability as residents to say
that we do not want a particular development. Mrs. Gleske also believed that the County's real estate taxes
needed to be increased. She concluded by saying that growth was good, as long as it was controlled growth.
Mr. Philip Mew, ten -year resident of Frederick County in the Shawnee District, spoke in favor
of the proposed development. Mr. Mew pointed out that this will be a planned community with homes,
• businesses, and educational and recreational areas; he believed this was the type of well- designed, well - planned
community that Frederick County needs. He pointed out that the development would take ten years to
complete.
Ms. Marcella Vance, Vice - President of the P.T.O. on Senseny Road and resident of the Apple
Ridge area, stated that Senseny Road Elementary School currently has 463 students and it has a capacity of
550. Ms. Vance said that next year, when Red Bud Run kindergarten comes over, it will put the school at
capacity; she said that this doesn't include the 250 homes that have already been approved on Greenwood
Road. She also mentioned the number of lots in Apple Ridge and the number of potential elementary students
there. Ms. Vance stated that Frederick County teachers aren't getting the pay that Loudoun County teachers
are getting; she believed the quality of education in Frederick County was lacking. She said that parents are
pulling their children out of public schools to home - school them. She believed that Frederick County needed
to re- evaluate approving 846 new homes when the schools were already at capacity.
Mr. John Lamanna, resident of Shawnee District and President of the Frederick County
Schools Council, stated that the Frederick County Schools Council is a group of volunteer parents, each
representing the P.T.O.s of the local schools, whose mission is the quality of education in Frederick County.
Mr. Lamanna said that over the past ten years, Frederick County schools have grown at a rate of three times
the state average. He said that the proposed school board budget recognizes a projected enrollment of 10,697- -
which is up 272 students for this year. He said that unfortunately, our high schools are crowded and the school
board budget includes three modular classrooms for each one of our high schools. Mr. Lamanna stated that,
as previously mentioned, Senseny Road will be at capacity, Red Bud is over capacity, and those are two feeder
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® schools to James Wood Middle School, which is also crowded. Mr. Lamanna believed that County schools
were in trouble, they are crowded; he remarked that we see this through behaviors and through the quality of
education being offered. Mr. Lamanna concluded his statement by saying that he was not against growth, but
he was for planned growth. He said that it was time for the County to take a stand and allow our schools to
be ahead of the curve, rather than behind it.
Mr. Dwayne Bean, son of Mrs. Martin Bean, an adjoining property owner, spoke about the
congested traffic in this area. Mr. Bean said he lived only three miles from his mother, but it takes 20 minutes
to drive to her home because of the traffic. Mr. Bean added that when he attended James Wood High School,
his classes were held in the auditorium in 1963 because of overcrowding. He remarked that he didn't like that;
however, he cared more so when two years later, Handley High School raised teachers' salaries and all the good
teachers left James Wood to go to Handley.
Miss Dusty Golden, a student of James Wood Middle School, said that she rides to school on
a crowded bus, with three to four children per seat, to an at-capacity school. Miss Golden stated that if we can
not provide for the students we have, why do we want to add more fuel to an already out -of- control fire.
Mrs. Golden, Dusty's mother, said that she was seriously considering at -home schooling for
her children because of the over - capacity conditions at Frederick County schools. She said that she was tired
of her children being transferred from one school to the next because of poor planning by the County for the
growth that is presently taking place.
Mr. Bob Pownall, resident of Shawnee District, inquired about who would be responsible for
the maintenance and taxes of the proposed school, trail system, and recreation center, once it was built. He
is raised the subject of the County's Impact Model, whereby the Board of Supervisors agreed with the Top of
Virginia Builders Association in implementing the model beginning at 50% and then increasing it at 5% per
year. Mr. Pownall said that in light of the fact that the old model was already eight years old, the County will
be playing catch up. He also recalled that at that same Board session, a budget freeze on County departments
was announced by the County Administrator. Mr. Pownall added that the Top of Virginia Builders Association
boasted that the home construction industry was the biggest industry in Frederick County. Mr. Pownall said
that he expects some growth, but he believed that the County could not maintain its present tax base while
continuing to grow at this accelerated rate. Mr. Pownall concluded by mentioning a state legislation bill that
was killed and that some of our representatives encouraged that; however, it would have given the Planning
Commission and Board more capability towards encouraging smart growth.
Mr. Paul Morgan, five -year resident of the Stonewall District, said that he was a parent of
children in Frederick County's elementary school system and he opposed the rezoning. Mr. Morgan said that
judging by the way the County has handled growth issues related to schools, especially at the recent budget
hearings, it appears the County does not see the need to develop the educational infrastructure of public
schools. He believed that this was not just a physical space issue, but a quality of education issue that requires
investment and top -notch staff and curriculum. Mr. Morgan next read some student enrollment figures for
several of the elementary schools and he also gave some lot figures on area subdivisions that are expanding,
such as the Greenwood Road subdivisions, Carlisle Heights, and Regency Lakes. He said that growth must
be funded and we need to give the schools a chance to catch up.
Miss Vance, a junior at Sherando High School and resident of Apple Ridge subdivision, said
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is that she travels 22 minutes to get to school. Miss Vance said that the two busses assigned to Senseny Road
are overcrowded and this does not include students who drive to school. She continued, stating that school
hallways are overcrowded and she has classes where every single seat is filled and still, more students are sent
into the classroom. Ms. Vance said that the overcrowding creates a difficult learning environment for her
because of the disruptive behavior it creates. She did not see where more children could be placed; she said
that there were already three modular classrooms outside. She commented that she has lost friends due to the
splitting of schools and she didn't feel that was right.
Ms. Pat Gochenour, resident of the Shawnee District, said that she was proud of the people
that spoke this evening and she hoped that the Commission would be good stewards of the land. She was
concerned that development had destroyed all of the wetlands around her home. Mrs. Gochenour stated that
as an educator, she believed the students in Frederick County were not getting the quality of education they
deserved and she blamed it on the overcrowded conditions. She believed that splitting neighborhoods so that
some children go to one school and others go somewhere else was causing children to lose their sense of
community. She also pointed out that her area has been in a crisis situation over water.
Mr. Mike Boda, resident of Gainesboro District, agreed with Mr. Stiles' comments that
"X "number of houses will be built next year, whether this plan is approved or not. Mr. Boda said that having
been in the building business for 23 years, he believed this was the finest development plan he has seen in all
those years. He said that he has worked in a professional capacity with the applicants for four years and he
believed they should be recognized as true professionals. He stated they have done an excellent job with the
homes they've built in the past and he expected this development to be no less.
Miss Jessica Forrester, a student in the Frederick County School System, said that she has
® attended three overcrowded schools. Miss Forrester said that she first attended Armel School, from
Kindergarten through fourth grade, which was 22 miles away from her home. She said that she made good
friends at Armel, but all her friends lived far from her home. Miss Forrester told the Commission that she was
then transferred back to Senseny Road, which was only two miles away from her home all along. She said that
she is now at James Wood Middle School and it also is very crowded.
Mr. Larry Duncan, a native of Winchester and a Frederick County businessman who currently
resides in Clarke County, pointed out that approximately 100 people braved the severe weather and missed the
Barbara Walters' interview with Monica Lewinsky to show their concern for this project. Mr. Duncan said
that if this rezoning was tabled, the growing opposition movement could double or triple that amount. He
stated that the points of this case are traffic and schools, and he did not feel the applicant could come up with
anything material enough to eliminate those basic points of contention. Mr. Duncan requested that the
Commission act on the rezoning this evening.
Mr. Philip Lloyd, resident of the Stonewall District, said that he is originally from
Fredericksburg, Virginia, which went through tremendous growth in the `70's and `80's. Mr. Lloyd believed
that this project should not be approved until the roads are taken care of and the school situation is rectified.
He has observed that traffic bottlenecks badly at Greenwood Store; he was also concerned about the costs for
additional fire, rescue, and sheriff's services.
Mr. Dave Hepler, resident of Senseny Glen, said that he was in favor of the proposed
development. Mr. Hepler believed this was a wonderful development plan and that it would complement the
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existing homes in the area.
• Mr. Bob Giles, resident of the Stonewall District, came forward to speak on behalf of the
owners of the Giles farm. Mr. Giles said that they have had their farm for sale for several years; he said that
his family is not making a lot of money on this sale, they are in debt. Mr. Giles explained that they've sold all
their cattle because there is no pasture to raise cattle on; he said that with shale ground, you don't get pasture
unless you have a good, rainy season. Mr. Giles stated that they have been approached by several developers,
but these folks presented a well thought -out plan with single - family homes. He said that speaking for the Giles
family, we didn't want just anyone coming in and building townhouses and multiplex dwellings.
Mr. Charles Pitcock, resident of Frederick Heights and a retired police officer, was concerned
about the costs of patrolling increased crime and traffic accidents. He was also concerned about the possibility
of increased taxes to pay for growth and the effect on retirees who are on a fixed budget. Mr. Pitcock believed
that growth needs to slow down and there was too much traffic.
Mr. Wayne Nicholson, from Shawnee District, came back to the podium and requested that
the numbers, facts, and figures presented by all represented parties be looked at very carefully.
Mr. Forrester, Stonewall District resident, returned to the podium to state that he thought the
proposed project called for duplexes and multiplexes. Mr. Forrester also announced that there were 160 people
in attendance for this hearing. He also brought to the Commission's attention that, in only five days, they were
able to get 360 signatures on petitions of opposition.
Mr. Greg Bancroft, one of the proposed developers, returned to the podium to refute a
® statement made earlier about the types of homes planned. Mr. Bancroft stated that their plan is to have 100%
single - family homes, with some patio homes.
Ms. Diane Shuck, resident of Apple Ridge and adjoiner to the Giles farm, said that their
community is small and they feel safe. She said the proposed plan is a wonderful plan, but it seems too big,
and she believed it would affect her family's feeling of safety and security.
Mrs. Alice Giles, one of the owners of the Giles farm, pointed out that many of the people that
spoke in opposition have the luxury of her property. Mrs. Giles stated that they want to sell their property.
She argued that all of the people who spoke in opposition came to Frederick County from somewhere else,
while she and her husband have lived on Senseny Road for over 35 years. Mrs. Giles said that she never spoke
against people coming into the County to build their home, or spoke against their children going to Senseny
Road School. She said that she and her husband are helping to pay the taxes to send those children to school.
She said that the people in opposition would not like someone telling them that they couldn't sell their home.
She believed this was a well thought -out project and it will occur in phases.
As all members of the audience had an opportunity to speak, Chairman DeHaven closed the
public comments portion of the public hearing.
Members of the Commission pointed out that the County's designated rural areas are west of
Interstate 81; they stated that development needs to occur in areas east of 81, in the County's Urban
Development Area (UDA), so that our rural areas west of 81 may be maintained. They pointed out that growth
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will continue in Frederick County at the same rate it has been, even if this rezoning is not approved. They
• noted that a large portion of the 600+ building permits issued per year are occurring outside of the UDA,
maybe as many as 35 %40 %, and this is eating up our rural land five acres at a time, not quarter or half -acre
lots at a time. Commission members stressed the need to keep development within the UDA, so that it is not
sprawling allover the County, ruining our viewsheds. Commission members stressed their desire to see master
planning for large areas of land, so that they can see the bigger picture, so that there is an opportunity to
signalize, to build roads, to have open spaces, and parks and recreation trails, etc. Members of the Commission
did not believe that this development would destroy the quality of education offered in Frederick County. The
Planning Commission believed that this developer had done an excellent job of bringing before the Commission
a large, master planned area inside the UDA. They believed the problems could be mitigated.
The Commission continued their discussion, stating that there were several issues that needed
to be addressed before they could recommend approval of the proposal. Specifically, they requested that the
applicant prepare a detailed traffic analysis providing levels of service under different scenarios. Further, this
analysis needed to be reviewed by the VDOT staff at Edinburg and their comments submitted to the Planning
Commission. They believed that access to Route 7 needed to be tied down and a commitment made, and the
bridge at the McHale farm also needed to be addressed. Also mentioned was the plan to re -route Valley Mill
Road to another location through here, and it was possible that this issue needed to be considered because it
would have an impact on the phasing of this development. Commission members said that phasing will have
to be associated with the traffic levels of service and the other issues that have already been mentioned this
evening. They asked that the applicant re- address the proffers and the school site issue. Finally, Commission
members believed the solid waste issue needed to be dealt with and, hopefully, the developers will provide a
site where this could be accommodated.
is Members of the Commission believed that by properly addressing these issues, they would be
in favor of the rezoning, primarily because the request is in the proper location and development of this area
will eventually occur.
Upon motion made by Mr. Light and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table
Rezoning #05 -99 of Giles Farm, submitted by Greenway Engineering, to rezone 140.2 acres from RA (Rural
Areas) to RP (Residential Performance) , and 12.0 acres from RA (Rural Areas) to B2 (Business General) with
a waiver of the time requirement, per the applicant's request.
Upon motion made by Mr. Miller and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table
Rezoning Application 406 -99 of Sheppard/Futral, submitted by Greenway Engineering, to rezone 132.70 acres
from RA (Rural Areas) to RP (Residential Performance) with a waiver of the time requirement, per the
applicant's request.
Upon motion made by Mr. Marker and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Application
#07 -99 of Lynnehaven, submitted by Greenway Engineering, to rezone 81.4 acres from RA (Rural Areas) to
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RP (Residential Performance) and 10.0 acres from RA (Rural Areas) to B2 (Business General) with a waiver
of the time requirement, per the applicant's request. (Commissioner Light abstained from voting on this
rezoning, #07 -99 of Lynnhaven.)
ADJOURNMENT
unanimous vote.
No further business remained to be discussed and the meeting adjourned at 11:00 p.m. by
Respectfully submitted,
Charles S. DeHaven, Jr., Chairman
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