PC_05-01-91_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
May 1, 1991.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman;
Beverly Sherwood, Vice - Chairman; Manuel C. DeHaven, Stonewall District; S.
Blaine Wilson, Shawnee District; Carl M. McDonald, Gainesboro District;
Douglas Rinker, Citizen at Large; Roger L. Thomas, Citizen at Large; Marjorie
H. Copenhaver, Citizen at Large; and George L. Romine, Citizen at Large;
Kenneth Y. Stiles, Board Liaison.
ABSENT: John Marker, Back Creek District
Plannin Staff taff present: Robert W. Watkins, Secretary; Kris C. Tierney; W.
Wayne Miller; and Evan Wyatt.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m. The first order of
business was the consideration of the minutes of April 3, 1991. Upon motion made by Mr.
Romine and seconded by Mr. McDonald, the minutes of April 3, 1991 were unanimously
approved as presented.
BIMONTHLY REPORT
information.
Chairman Golladay accepted the Bimonthly Report for the Commission's
Subdivision Application of Brooke Road Extended located at the intersection of Brooke
Road and Fort Collier Road in the Stonewall District.
I Action - Approved
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Mr. Miller said that this road runs on one side of the Regional Jail property and
will be a major northern connecting link through Fort Collier Industrial Park as the northern part
develops. He added that this subdivision conforms to the master plan and is required to be
accomplished.
Mr. Bruce Edens, with Greenway Engineering and Surveying Company, was
representing this application.
Upon motion made by Mr. DeHaven and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve the subdivision application for Brooke Road Extended in the Stonewall District.
Subdivision Application of Park Center Drive, located in the Fort Collier Industrial Park
in the Stonewall District.
Action - Approved
Mr. Miller said that this subdivision was for the portion of Park Center Drive from
the railroad tracks to the west and to the intersection with West Brooke Road to the east. He said
that the portion of this road west of the railroad tracks out to Route 11 North had already been
approved. He added that this road will traverse the north side of the Kraft General Foods
property and was in conformance with the master development plan.
Mr. Bruce Edens, with Greenway Engineering and Surveying Company, was the
representative for this plan.
Upon motion made by Mr. DeHaven and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the
subdivision application of Park Center Drive, located between the railroad and intersection of
West Brooke Drive in the Fort Collier Industrial Park in the Stonewall District.
Subdivision of West Brooke Road in the Fort Collier Industrial Park, Stonewall Magisterial
District.
Action - Approved
Mr. Miller said that this proposed subdivision is for the road that will traverse the
southeast side of the Kraft General Foods property and is required for access to this area. He
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added that this division was in conformance with the master development plan.
Mr. Bruce Edens, with Greenway Engineering and Surveying Company, was
representing this subdivision application.
Upon motion made by Mr. DeHaven and seconded by Mr. Romine,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve the subdivision of West Brooke Road in the Fort Collier Industrial Park, located 810'
from the railroad intersection with Park Center Drive, in the Stonewall District.
TWIN LAKES REZONING
Mr. Watkins said that a request has been received from the Tower Companies to
continue to table the Twin Lakes rezoning request. Mr. Watkins said that if this application is
tabled at the applicant's request, the Commission can continue to extend the period of
consideration.
Upon motion made by Mr. Wilson and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
agree to table the Twin Lakes rezoning request for six additional months.
PUBLIC HEARINGS
Conditional Use Permit #003 -91 of Marietta and Kim Walls for a veterinary office and
hospital in the Back Creek District.
Action - Approved
n
Mr. Miller said that VDOT has requested a commercial entrance; a conditional use
permit for this use (combination residence /veterinary facility) is required by the zoning ordinance;
and no significant negative impact is expected on the neighborhood.
Ms. Marietta Walls, the applicant, said that she and her husband plan to reside
above the veterinary facility.
Upon motion made by Mrs. Copenhaver and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
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approve Conditional Use Permit #003 -91 of Marietta and Kim Walls for a veterinary office and
hospital, located west of Winchester on the south side of Route 622, Cedar Creek Grade, in the
Back Creek District with the following conditions:
1. No client's animals will be allowed to be kept or boarded external to the building on these
premises.
2. The owner will install a stop sign at the entrance onto Route 622.
3. Adequate customer parking will be provided. One space per 250 square feet of clinic
floor area is required.
Conditional Use Permit X1004 -91 of Luther H. Combs for an auto repair garage without
body repair, located at Green Springs, Route 671 to Route 654, in the Gainesboro District.
Action - Approved
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Mr. Miller said that an on -site inspection of the site revealed that the garage sets
back from the road a considerable distance along the edge of a wooded area. He added that there
is no outside storage of any kind and no inoperative vehicles.
Mr. Luther Combs, the applicant, was present to answer questions from the
Commission.
Mr. Douglas Whitacre, adjoining property owner, was concerned about the traffic
that may be generated. Mr. Whitacre said that the private right -of -way off Route 654 is not
state - maintained and is in poor condition.
Staff explained that this private road does not qualify to be taken into the State's
road system.
Upon motion made by Mr. McDonald and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Conditional Use Permit #004 -91 of Luther H. Combs for an auto repair garage without
body repair, located at Green Springs in the Gainesboro District with the following conditions:
1. This permit is to be reviewed and renewed annually.
2. Premises will be subject to annual fire inspection.
3. There is to be no outside storage of parts and /or inoperative vehicles.
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4. All work will be conducted inside the garage facility.
Rezoning Application #003 -91 of Marshall D. and Helen V. Williams to rezone 3.1 acres
from RA (Rural Areas) to M2 (General Industrial) for waste /trash collection and recycling,
located three miles east of Winchester on the east side of Sulphur Springs Road, in the
Shawnee District.
Action - Tabled for Six Months
Chairman Golladay abstained from discussion and voting on this rezoning
application due to a possible conflict of interest.
Mr. Watkins said that the Comprehensive Plan does not rule out this site for
industrial uses. He suggested that the Planning Commission give some thought to what the best
uses would be for the portions of the Urban Development area between Sulphur Springs Road
and the business and industrial areas along Route 50. Mr. Watkins said that the staff has
concerns about the potential impacts of the use on the floodplain. He added that the staff's
opinion was that this site was not suitable for the use proffered and the staff's recommendation
was for denial of the rezoning.
Mr. Clinton Ritter, attorney, was present to represent Mr. and Mrs. Williams.
Mr. Ritter explained Mr. Williams' operation and plans for expansion to the Commission. Mr.
Ritter said that the additional property would allow Mr. Williams to move his recycling articles
away from Sulphur Springs Run.
Mr. Marshall Williams, the owner, was present to answer questions from the
Commission about his operation and his plans for expansion on the additional property.
Vice Chairman Sherwood called for public comment and the following persons
came forward:
Mr. Fred Harding, resident of Young Subdivision, was concerned about pollution
to Sulphur Springs Run. Mr. Harding felt that rezoning the property to M2 would allow a
number of other uses that would not be compatible with the residential neighborhood and may
devalue adjoining properties. He further stated that rezoning this property would set a precedent
for other industrial development along Sulphur Springs Road.
Mr. Emil W. Miller, resident of Young Subdivision, felt that traveling along
Sulphur Springs Road was unsafe because of the narrowness of the road, the large trucks entering
and leaving the Williams' site and the nature of materials that Mr. Williams stores along the edge
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of his property line. Mr. Miller was opposed to rezoning of the property to industrial use.
Mr. H. Harold Lehman and Mrs. Carol Lehman, adjoining property owners, were
present to speak in opposition. Mr. Lehman said that he worked with the Fairfax County Health
Department on environmental issues and he was concerned about heavy metal contamination of
the stream. The Lehmans also felt that industrial zoning was too intense for this area.
Mr. George Thompson, resident along Sulphur Springs, was concerned about the
debris that he finds in Sulphur Springs Run.
Mr. Donald Seabright, resident on Sulphur Springs Road, said that homes in the
area depreciated when the county annexed the landfill. He said that the creek was definitely a
flood plain because it had flooded four times since the beginning of the year. Mr. Seabright also
felt that an eight foot fence would not adequately screen Mr. Williams' property because of the
topography.
Mr. Michael Seville, acquaintance of Mr. Williams, felt it made sense to allow
Mr. Williams to move his storage to higher ground, away from the creek, and to put a fence
around the property to screen the materials.
The Commissioners' main concerns were to prevent pollution of Sulphur Springs
Run; not to set a precedent for other industrial rezonings along Sulphur Springs Road; and to
minimize impacts of the proposed use on the floodplain.
Commissioners felt that if Mr. Williams erected a fence to screen the property and
moved the recycling articles away from the creek and onto higher ground, that it would improve
the situation for the community. The Commissioners decided to meet on the site with the staff
to view the operation and attempt to work out a solution that would allow Mr. Williams to
operate his business without rezoning the property.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
agree to table this rezoning for a maximum of six months to allow the applicant, staff and
Commission to meet at the site and work out a solution to the problem.
Preliminary Master Development Plan #002 -91 of Senseny Glen for single- family detached
urban homes on 67.86 acres zoned RP and located north and adjacent to Senseny Road,
east and adjacent to Apple Ridge Subdivision, in the Shawnee District.
I Action - Approved
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Mr. Ronald Mislowsky of G. W. Clifford & Associates, presented the master
development plan to the Commission.
Mr. Tierney said that the master plan proposes 165 units on 67+ acres or 2.4
units /acre, which is below the maximum permitted density. Mr. Tierney pointed out that the
open space shown on the plan will not be accessible to over half of the lots within the
subdivision. The staff's recommendation was for approval with staff comments and review
agency comments being adequately addressed.
Chairman Golladay called for public comment and the following person came
forward:
Mrs. Susan Conway, President of the Apple Ridge Homeowners Association, was
concerned about the extra traffic that would be routed through the Apple Ridge Subdivision if
the two developments were joined. Mrs. Conway said that the roads in Apple Ridge are narrow
and there are a lot of small children.
The Commissioners were concerned about the single entrance on Route 657 into
the site and the number of cul -de -sacs in the development. They felt the layout limited access
for emergency vehicles if the entrance became blocked.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Preliminary Master Development Plan #f002 -91 of Senseny Glen with all staff comments
and those of the review agencies being adequately addressed. The Commission also requests that
the applicant consider connecting the cul -de -sac at the southern end from Phase 1 to Phase 2 and
also the cul -de -sac midway up from Phase 2 to Phase 3, in order to achieve duplications for
access points.
DISCUSSION OF SHAWNEELAND SEWAGE TREATMENT PLANT
Mr. Watkins said that Mr. Donald R. Lamborne went to the Ordinance Committee
with a request to amend the Zoning Ordinance to allow sewage treatment plants in the RA zoning
district to serve Shawneeland. The Ordinance Subcommittee felt that the request to allow this
use was not in conformance with the Comprehensive Plan and that if this request was allowed
it would set a precedent for other requests of a similar nature. Mr. Watkins said that residents
of Hogue Creek Estates and Shawneeland had attended the meeting. Mr. Watkins said that the
purpose of this discussion was to determine whether the Planning Commission wanted to
advertise the amendment or present any appropriate additional language for the amendment.
Several petitions were presented and a motion was made by Mrs. Sherwood,
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seconded by Mr. Romine and unanimously passed to make the petitions a part of the official
record. (attached at end of minutes)
Mr. Boyd Davis, representing Hogue Creek Homeowners Association, was
opposed to the sewage treatment plant next to the Hogue Creek development. He felt that if
Shawneeland residents wanted a treatment plant, it should be placed in their own development.
Mr. Davis presented a petition opposing the sewage treatment plant.
Motion was made by Mr. Romine, seconded by Mrs. Sherwood and passed
unanimously to make the petition a part of the official record. (see end of minutes)
Mr. Watkins read a letter of opposition from Billy G. Hixson and Ronalda D.
Hixson. A motion was made by Mrs. Sherwood, seconded by Mr. Rinker and unanimously
passed to make letter a part of the official record. (see end of minutes)
Mr. John Dent, resident and homeowner of Shawneeland for the past 12 years,
was opposed to the sewage treatment plant wherever it might be located, within Shawneeland or
elsewhere, for economic and other reasons.
Mr. Daniel Wine, adjacent property owner, was also opposed to the plant whether
it was located within Shawneeland or elsewhere.
Mr. Neil Crow, a one -year resident of the area, said that his father -in -law holds
the second contract (back -up contract) to this land. Mr. Crow was concerned that the treatment
plant would spoil the beauty of the area and he was also concerned about odors that might be
produced by the plant.
Mr. Michael Seville, resident of Hogue Creek Estates, was concerned that if the
county amended the ordinance to allow sewage treatment plants in rural areas, there would be
a precedent of development upstream.
It was the general consensus of the Commission that this request was not in
conformance with the Frederick County Comprehensive Plan and that if the request was allowed,
it would set a precedent for other requests of a similar nature.
Mr. Stiles said that if Mr. Lamborne can put together a proposal and acquire the
necessary easements and financing, he has the right to build the plant in Shawneeland under the
R5 ordinance. He said that part of the easements would require a discharge line from the plant
to Hogue Run and Mr. Lamborne would have to obtain a discharge permit from the SWCB.
INFORMAL DISCUSSION WITH DAVID SMITH
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Mr. David Smith requested time with the Planning Commission for an informal
discussion on his proposal for a 15 -home development off Fox Drive in Frederick County. Mr.
Smith said that he had two major problems with the property: 1) The access through Mr.
Russo's road was not state - maintained after the first 300'; 2) he did not meet the required
setbacks from Route 37.
Chairman Golladay felt there was serious traffic problems along this section of
road and he felt that any additional development would exacerbate the problem. Chairman
Golladay also was not interested in the placement of homes directly alongside primary roads in
Frederick County - -they must have buffers and setbacks far enough that each use does not impact
on any other.
Mr. Tierney said that the ordinance as written does not provide for any waiver or
reduction in the road efficiency buffer. He said that Mr. Smith's proposal would require an
amendment to that section of the ordinance or a variance from the Board of Zoning Appeals.
The Commissioners felt that there were problems with the property that needed
to be solved before they could address Mr. Smith's particular proposal.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 10:30
p.m. by unanimous vote.
Respectfully submitted,
Robert W. Watkins, Secretary
Ja es W. Golladay, Jr., C air' an
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