PC_01-16-91_Meeting_MinutesI
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester,
Virginia on January 16, 1991.
PRESENT: Planning_ Commissioners present were: James W. Golladay, Jr., Chairman;
Beverly Sherwood, Vice - Chairman; Manual C. DeHaven, Stonewall District;
Carl M. McDonald, Gainesboro District; S. Blaine Wilson, Shawnee District;
Marjorie H. Copenhaver, Citizen at Large; Douglas Rinker, Citizen at
Large; George L. Romine, Citizen at Large; and Kenneth Y. Stiles Board
Liaison.
Absent: Roger L. Thomas, Citizen at Large; John Marker, Back Creek
District
Winchester City Liaison: Joseph Kalbach
Planning Staff present were: Robert W. Watkins, Secretary; W. Wayne
Miller, Zoning Administrator; Kris C. Tierney, Deputy Planning Director
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
ELECTION OF OFFICERS AND 1991 MEETING SCHEDULE
ACTION - ELECTION OF PLANNING COMMISSION CHAIRMAN
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A motion was made by Mr. Romine and seconded by Mr. DeHaven to elect
James W. Golladay, Jr. as Chairman of the Frederick County Planning Commission for
1991.
Mr. McDonald moved that nominations be closed and this motion was
unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously elect James W. Golladay, Jr. as Chairman of said Commission for the year
of 1991.
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ACTION - ELECTION OF PLANNING COMMISSION VICE - CHAIRMAN
A motion was made by Mrs. Copenhaver and seconded by Mr. Wilson to
elect Beverly Sherwood as Vice - Chairman of the Frederick County Planning Commission
for 1991.
Mr. McDonald moved that nominations be closed and this motion was
unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously elect Beverly Sherwood as Vice - Chairman of said Commission for the year
of 1991.
ACTION - ELECTION OF PLANNING COMMISSION SECRETARY
A motion was made by Mr. DeHaven and seconded by Mr. McDonald to
elect Robert W. Watkins as Secretary of the Frederick County Planning Commission for
1991.
Mr. Wilson moved that nominations be closed and this motion was
unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously elect Robert W. Watkins as Secretary of said Commission for the year of
1991.
ACTION - 1991 MEETING SCHEDULE
Upon motion made by Mr. McDonald and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission will have its
regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m.
in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia and
Planning Commission Worksessions will be held the fourth Monday night of each month,
as needed, at 7:30 p.m. in the Board Room of the Old Frederick County Courthouse.
PLANNING COMMISSION GOALS FOR 1991
Chairman Golladay felt a major initiative was needed in the upcoming year
for a joint effort between the Frederick County Planning Commission and the City
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Planning Commission on Transportation. The Chairman also felt that continued progress
in the rural areas was needed. He also requested that the Chairman of the
Comprehensive Plan Subcommittee consider ways to get more of the public involved in
the fall public meetings.
MEETING MINUTES - DECEMBER 5 1991
Upon motion made by Mr. McDonald and seconded by Mr, Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the December 5, 1991 minutes as presented.
BIMONTHLY REPORT
information.
Chairman Golladay accepted the Bimonthly Report for the Commission's
1 COMMITTEE REPORTS
Comprehensive Plan Subcommittee - Mtg. of 1114/91
Mrs. Sherwood reported that the subcommittee discussed proposed changes
to the Comprehensive Plan regarding the Route 522 South area. Mrs. Sherwood said
that the subcommittee hopes to bring the plan to the Commission sometime in February.
Economic Development Commission
Mr. Romine reported considerable activity. He reported that the EDC will
have a full -time executive director starting in February.
Sanitation Authority - Mtg. of 1114/91
Mrs. Copenhaver reported that pumping at the quarry is progressing well
and the Sanitation Authority expects to have a water treatment plant design in the spring.
She reported that the number of lots started in this first quarter is low. Also, water and
sewer rates will be increased by 10% per year in order to recover costs.
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HISTORIC RESOURCES ADVISORY BOARD
Mr. Tierney reported that at their next meeting, the HRAB will be working
on proposed regulations for a historic areas overlay zone and also a strategy as to how
it will fit in with the overall historic preservation approach for the county.
CITIZEN COMMENTS
Mr. Wayne Bean from Gainesboro District came forward to speak to the
Commission on the county's plans for a new office complex. Mr. Bean felt that the
complex should be located on Route 37 near the hospital. Chairman Golladay said that
the Planning Commission was not involved in the relocation of the county offices;
however, he would pass Mr. Bean's comments on to the Board.
MASTER DEVELOPMENT PLANS
Revised Master Development Plan #004 -90 of Coventry Courts for 38 single - family
detached homes on 14.5240 acres, zoned RP.
Action - Approved
Edward W. Dove, President of Dove & Associates, was present to represent
Coventry Courts master plan and Charles Longerbeam, the owner. Mr. Dove said that
this project came before the Commission in April, 1990 as a townhouse development
and two major concerns were raised. The first was that townhouses were not compatible
with the existing neighborhood and the second concern was that there was no tie -in
between Greenwood Road and Abrams Point.
Mr. Dove felt that the project was now compatible with adjoining properties
and all of the area along Greenwood Road as single- family detached homes. He felt,
however, that because a substantial amount of grading was needed to make the road
connection and because the majority of woodlands disturbed would be in the area where
a road cut was made, it would be impossible for them to develop the site and road
without a waiver of the disturbed woodlands and a waiver in the disturbed steep slopes.
Mr. Dove said that the ordinance allows for 1.77 acres of steep slopes to
be disturbed. and their plan shows 2.5 acres disturbed, which is .73 acres more than
allowed. He said that the ordinance allows for 1.69 acres of woodlands to be disturbed
and their plan shows 2.7 acres disturbed, which is 1.01 acres more than allowed.
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Mrs. Betty Winslow, adjoining property owner, presented a letter from
herself and one from Mrs. Brenda L. Vance, also an adjoining property owner. Mrs.
Winslow and Mrs. Vance had concerns about drainage problems that may be created by
the proposed development.
Upon motion made by Mr. DeHaven and seconded by Mrs. Sherwood, both
letters were made a part of the minutes by unanimous vote. (letters attached at end of
minutes)
The Commissioners felt that it was important to have the road to provide
a connection between Greenwood Road and Valley Mill Road. However, they had
concerns about removal of trees, especially in light of one of Mr. Longerbeam's previous
development projects.
Mr. Charles Longerbeam, owner of the Coventry Courts property,
commented that trees were removed from Carlisle Heights development against his
wishes by the engineer /contractor, Greenway Engineering & Surveying Company.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Planning Commission does hereby unanimously approve
the Coventry Courts Master Development Plan #004 -90 with the staff recommendation
and to allow the plan to exceed the standards of disturbed steep slopes (up to 35 %) and
wooded areas (up to 40 %) at the staffs discretion. This plan is for 38 single - family
detached homes on 14.5240 acres, zoned RP, and located on Greenwood Road, north of
Senseny Road, in the Shawnee District.
SUBDIVISIONS
Subdivision Application of Fox Ridge for 28 townhouse lots on 3.90 acres, zoned RP, and
located west and adjacent to Fox Drive in the Gainesboro District.
Action - Approved
The staff noted that this site presents some challenging stormwater
management problems because of the slope of the land and the amount of impervious
surface that will exist upon completion. Staff noted that the engineer's comments address
concerns pertaining to stormwater management and that the developer must address
those concerns.
Mr. Charles W. Maddox, Jr., project engineer, and Mr. Darren Foltz, project
manager, both with G. W. Clifford & Associates, were present to represent this
application.
Upon motion made by Mr. McDonald and seconded by Mr. Wilson,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the Fox Ridge subdivision application for 28 townhouse lots with the
understanding that all engineering concerns will be addressed.
This plan was approved by the following majority vote:
YES (TO APPROVE): Copenhaver, Sherwood, DeHaven, Romine, McDonald, Rinker,
Wilson
NO: Golladay
Subdivision Application of the Hudson Subdivision for two lots on 2.0306 acres, zoned
RP, and located in Lakeside Estates and Wakeland Manor, in the Shawnee District.
Action - Approved
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Staff noted that the lots resulting from the division of this property would
be in compliance with both zoning and subdivision ordinances. Staff noted that these
were previously separate lots that were combined into one parcel.
Mr. Terry Hudson, owner, was available for questions.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Hudson subdivision application for two lots, zoned RP, and
located in Lakeside Estates and Wakeland Manor in the Shawnee District.
Subdivision Application of Valley Industrial Park for four lots, zoned M2 (Industrial
General) and located on the north side of Route 837 near Stephenson, at the end of
State maintenance, in the Stonewall District.
Action - Approved
Staff noted that the proposed division was in conformance with the master
development plan (the old Valley Fertilizer site) and the subdivision /zoning ordinances.
Staff noted that all proposed lots have approved drainfield sites.
Mr. David Bushman, engineer with Shenandoah Engineering and
representing this subdivision, said that he has received approval from the Virginia
Department of Transportation and the Sanitation Authority for the design.
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Mr. Stiles asked if the question of drainage off of the lots was addressed.
Mr. Bushman replied that stormwater was addressed by the provision of two stormwater
detention ponds.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Valley Industrial Park subdivision application for four M2 zoned
lots located on the north side of Route 837, near Stephenson, in the Stonewall District.
Subdivision Application of Hampton Chase for 114 lots (29 zero -lot line and 85
townhouse), zoned RP, and located adjacent to the Winchester /Frederick County line 143
feet northeast of Green Street, at the end of Butler Avenue and Apple Street, in the
Stonewall District.
Upon motion made by Mr. DeHaven and seconded by Mr. McDonald,
Action - Tabled
of interest.
Mr. Wilson abstained from discussion and vote, due to a possible conflict
Staff noted that the original master development plan called for 80
townhouses and 34 zero lot line lots; however, the subdivision shows 85 townhouses and
29 zero lot line lots. The density remains the same at 114 lots. Staff also noted that
the master plan indicated that a provision would be made to allow for the extension of
Butler Avenue to the northwest to connect with Smithfield Avenue. This will not be
accomplished now because the approval of a warehouse on the adjoining property will
no longer permit the connection.
Mr. Charles Maddox, Jr., engineer, and Mr. Duane Brown, project manager
and surveyor, both with G. W. Clifford & Associates, Inc. were representing this project.
Mr. Dave Holliday, property owner, said that the original owner presented
the master plan as a higher priced development; however, with the cost of property,
taxes, proffers and considering the location of this project, he felt this type of
development was not marketable. Mr. Holliday said that he would like to eliminate the
curb and gutter on Butler Avenue because of the cost for the new entrance and the
stormwater detention pond.
The commissioners felt that with the change eliminating curb and gutter,
use of roadside ditches, an off -site detention pond and new entrance, that a revised
master development plan was necessary. Mr. Rinker requested that comments from the
City be included with the revised master plan.
Upon motion made by Mr. DeHaven and seconded by Mrs. Sherwood,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby table
the subdivision application of Hampton Chase until a revised master plan is submitted
by the applicant. This vote was unanimous with Mr. Wilson abstaining.
Conditional Use Permit Application #019 -90 of Michelle Brogger for a catering service.
This property is located on Route 847, just north of the southern terminus of Route 37,
in the Shawnee District.
Action - Approved
Mrs. Michelle Brogger, the applicant, was present to answer questions. Mrs.
Brogger said that she plans to remodel the detached garage into a kitchen for catering.
She plans to have outdoor weddings and receptions at the outdoor areas around the
house.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #019 -90 of Michelle Brogger for a Cottage
Occupation /Catering Service with outdoor receptions with the following conditions:
1) No off -site parking, including parking along Route 847, will be allowed.
2) Any expansion of facilities or change of use of these facilities will require a new
conditional use permit.
REVIEW OF CONDITIONAL USE PERMITS
Mr. Miller presented a list of current conditional use permits for each
district to the Commissioners for annual review. Mr. Miller asked that commissioners
get back with him on any conditional use permits that they would like investigated.
Mr. Carl Ay came forward to speak about the conditions that the Planning
Commission placed on his conditional use permit #002 -90 for retailing nursery products.
Mr. Ay said that he has not addressed the screening requirements because the boundary
line on the side of his only neighbor has been in dispute and was just settled in
September. Mr. Ay said that the trees have been purchased and will be planted before
the nursery opens in spring. Mr. Ay said that he has just begun to work with the
Health Department to meet their requirements.
Chairman Golladay requested that Mr. Ay keep the staff informed on his
progress.
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INFORMAL DISCUSSION WITH REPRESENTATIVES FROM GOLDEN RULE
REALTY, INC.
Mrs. Audrey Lee, acting as agent for the family of Amy Lou S. Sine, E.
Edward Shiley and Sue S. Ramey, wanted to get the Commission's feelings on the future
use of a 30 -acre parcel of land, owned by the family and located one mile south of
Stephens City, on the east side of Route 11, south of Bon Air Nursing Home. This
property was located outside of the Urban Development area.
Mr. Stiles said that before the Commission could consider a use for the
property, they would first need to know if Stephens City was both capable and willing
to provide sewer service to the property. Mr. Stiles said that if this is a possibility and
a timetable provided, then the issue of expansion of the urban development area and the
sewer service area would need to be addressed by the Comprehensive Plan
Subcommittee. It was noted that by extending sewer service to this property, the
Commission would also be extending it to several other surrounding properties. Mr.
Stiles said that this property would not be the only property impacted by the availability
of sewer.
I ADJOURNMENT
No further business remained to be discussed and the meeting adjourned
at 9:00 p.m. by unanimous vote.
Respectfully submitted,
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Robert W. W kim, Secre
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d4w� 1,011"14
mes W. Gdlladay, Jr" Chairman
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January 16, 1991
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Department of Planning
County of Frederick
9 Court Square
Winchester, Virginia
Re: Coventry Court
Dear Sir:
and Development
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Thank you for this opportunity to voice my concerns,
reference the above proposed development.
Attached you will find a copy of the plat of my property.
My house is 25' from the property line of coventry court. I am
greatly concerned about the run off of water.
My back, yard is on a down hill slope from the adjoining
proposed development. I would ask that the drainage be looked at
carefully so that the water will run away from my property and not
onto it. I will have to run my sewer lines up to my house through
the back yard and any run off could cause problems.
Thank you,
(1
Brenda L. Vance
1
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GREENWOOD CHURCH LOT"
- n HOWARD J. EBERSOLE
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D. B. 238 PAGE 541
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F ' 30' E -III. S' Q D: AIN(0 PORTION y f 4 _ S 39 3p E w D 34,050 SQ. FT. sss W CE 2' N 49' 30' W - 557' S21'23W-14.
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The above Plat is a Survey of the northern Portion of the Jesse Win-
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Land. The said Portion fronts the northwestern boundary line of the Greenwood
- Rt. # 656, ,just north of Greenwood, and lies in Shawnee District, Frederick
y, Virginia:
Beginning at an iron pin in the northwestern boundary line of the
leenwood Road, a corner to the Retained Portion, which pin is located by measuring
42 30' E - 111.5 ft. from an iron pin s corner. to the William Earl Morrison Land,
.zing with the said boundary line N 43 30' E - 110 ft. to an iron pin corner to
.e Howard M. Ebersole Est. land; thence with a line of the said Land N 49' 30' W -
7 ft. to an iron pin in a line of the Renner land; thence with the said line S 21
' W - 14.25 ft. to an iron pin corner to the retained portion; thence with a line
the said other land S 39 30' E - 555 ft. to the beginning.
nta ining - - 34,050 Sq. Ft.
- - - May 6, 1959.
LEE A. EBERT
C ertified urveyor,
Comm. of Virginia # 484.
DERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 14th day of July
9 at 1:30 P. M. and with certificate of acknowledgment thereto annexed was admitted
record.
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