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PC_07-17-91_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on July 17, 1991. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice - Chairman; John Marker, Back Creek District; Manuel C. DeHaven, Stonewall District; Carl M. McDonald, Gainesboro District; Douglas Rinker, Citizen at Large; Marjorie H. Copenhaver, Citizen at Large; Roger L. Thomas, Citizen at Large; Kenneth Y. Stiles, Board Liaison; James Barnett, City Liaison. Planning Staff taff present were: Robert W. Watkins, Secretary; Kris C. Tierney, Deputy Director; and W. Wayne Miller, Zoning Administrator ABSENT: George L. Romine, Citizen at Large; S. Blaine Wilson, Shawnee District CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES -JUNE 5. 1991 Upon motion made by Mr. McDonald and seconded by Mr. DeHaven, the minutes of June 5, 1991 were unanimously approved as presented. MONTHLY & BIMONTHLY REPORTS Chairman Golladay accepted the reports for the Commission's information. COMMITTEE REPORTS Comprehensive Plan Subcommittee - 7/1/91 Mtg. 3363 2 Mrs. Sherwood said that the subcommittee discussed the possibility of a seminar series, as well as a discussion on bike lanes. Ordinance Subcommittee - 7/15/91 Mtg. Mr. McDonald reported that the Ordinance Subcommittee, along with Board and Commission members, met with the Top of Virginia Builders Association to review the proposed new Zoning Ordinance. The only item that still seems to be of concern is the sizes for lots with curb and gutter.. Rural Issues Committee - 7/08/91 Mt2. Mr. Rinker reported that the Rural Issues Committee met with the Isaac Walton League and the Citizens for a Quality Comnnmity to discuss rural issues. Sanitation Authority - 7/08/91 Mtg. Mrs. Copenhaver said that Donohue & Associates is researching the options for continued use of the Stephens City /Stephens Run Sewage Treatment Plant versus building a new plant or enlarging Parkins Mills. The Authority held a public hearing to discuss the Stephens City quarries. Although they do not anticipate the quarries to go lower than 20' during pumping for public water, concerns were expressed by citizens in the area that their wells would go dry. PRESENTATION BY DAVID CRESS, AREA MINE INSPECTOR WITH THE DEPARTMENT OF MINES, MINERALS AND ENERGY No Action Mr. David Cress, with the-Department of Mines, Minerals and Energy, said that Mr. S. Blaine Wilson had contacted him, on behalf of the Chairman of the Commission, to speak on shale pits and mine sites and what the Division of Mineral Mining regulates in light of recent court decisions in the State of Virginia. Mr. Cress stated that there are predominately three sites that the division of mineral mining does not consider mining and those were: 1. Excavations that are related solely to a construction or a fanning use on the same site as 3364 N the excavation. 2. Excavation of predominately organic material which includes top soil and some of the deeper soils which are not found in Frederick County. 3. Mineral materials that are excavated and not processed and used on site or adjacent to the excavation. This material is not sold, but used by the excavating party only. Mr. Cress reviewed each of the above situations with the Commission. He said that basically, the Division of Mineral Mining handles anything that is not covered by a land disturbance permit issued by the Planning Office. Mr. Cress added that the Division of Mineral Mining also handles reclamation, making sure that there are no erosion and sedimentation problems with the site and that the site is graded to a stable configuration and revegetated after its use. SUBDIVISIONS Subdivision Application for Lula 1 Lewis to subdivide 33,861 square feet into two RP lots. This property is located on the west side of Route 656, 840' south of Route 657, in the Shawnee District. Action - Approved Staff reported that this property fronts on a state- maintained road and no new streets are required. Mr. Martin R. Hodgson, nephew of the property owner, said that his aunt plans to sell him the lot for his own personal house. Upon motion made by Mr. DeHaven and seconded by Mrs. Sherwood, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision application of Leila Hodgson Lewis to subdivide 33,861 square feet into two RP (Residential Performance) lots. This property is identified as number 65A -7 -1 and is located in the Shawnee Magisterial District. DISCUSSION ON A PROPOSAL FOR BUSINESS AND INDUSTRIAL REZONING Mr. Watkins said that the staff has been approached for a business and industrial rezoning involving a substantial amount of land in an area designated in the Comprehensive Plan for sewer and water service. He explained that the proposal states that since the site is about 3365 9 a mile away from the nearest sewer line that a package treatment plant would be used to serve the business and industrial area until the development reached a certain point, at which time sewer and water would be provided. Mr. Watkins said that the Comprehensive Plan covers package plants, but not in relation to industrial areas in the sewer and water service area. Concerns raised by the Commissioners were: precedent setting for other package treatment plants throughout the county; economic feasibility of extending the service versus building a package plant; should the plant be operated by the Service Authority; should a time limit be placed on the plant's operation. No action was taken by the Commission at this time. PUBLIC HEARINGS Conditional Use Permit 1/006 -91 of Ray S. George for a Cottage Occupation /Machine Shop to be located on Route 600. This property is identified as number 58 -A -34A in the Back Creek Magisterial District. Action - Approved Staff comments were that an inspection of the site was made on July 3, 1991 and it did not appear that approval of the CUP would have adverse impact on the neighborhood. The nearest residence is about 1/4 mile to the north. Staff recommendations were for approval with conditions. Mr. Ray S. George, the applicant, inquired about a sign for his business. Staff replied that a 4'X4' sign was permitted on the site. The Commission discussed with Mr. George his plans for disposal of oil soaked filings. The staff suggested that Mr. George contact the County Engineer, who is in charge of the County's landfill, regarding hazardous waste disposal. Upon motion by Mr. Marker and second by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Department does hereby unanimously approve Conditional Use Permit #008 -91 of Ray S. George for a Cottage Occupation /Machine Shop with the following conditions: 1. The property be brought into compliance with all County Codes and maintained in that condition with no outward appearance that a business is being conducted there. 2. That there be no outside storage of any materials associated with the business. 3. That an annual fire inspection of the shop be scheduled and conducted. 3366 5 Rezoning Application #004 -91 of The Salvation Army to rezone 6.59t acres in the Stonewall District from Ml (Light Industrial) to B2 (Business General). Action - Approved Due to the proximity of the site to industrial and residential areas and because of traffic concerns, it was the opinion of the staff that the site would not be appropriate for general retail uses; however, the staff felt the uses proposed were appropriate. Major James Hipps, stated that he was working with the local Salvation Army to raise funds to construct the new facilities. Mr. Hipps said that Salvation Army services have increased over 400% over the last two years and larger facilities are needed. Mr. Hipps added that the new facility will be closer to many of the people that they are currently serving. Mr. McDonald had reservations about putting a B2 use in an M1 District. Mr. Stiles stated that the property was not internal to the industrial park, but at its edge. He pointed out that the property was surrounded to the south by Hampton Chase and east by the Dominion Knolls and would act as a buffer between existing residentially -zoned property and M1 property. Mr. Stiles felt that the Salvation Army would not have retail sales, but he felt that retail would not be detrimental in this area. Upon motion by Mr. DeHaven and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Application #004 -91 of The Salvation Army to rezone 6.591 acres located north of Winchester on Fort Collier Road from M1 (Light Industrial) to B2 (Business General). This property is identified with property identification number 54 -A -361~ in the Stonewall District. This rezoning was approved by the following majority vote: YES (TO APPROVE)_ Marker, Copenhaver, Sherwood, DeHaven, Rinker, Thomas, Golladay NO: McDonald Rezoning Application #005 -91 of 1lvestminster- Canterbury to rezone 2.9375 acres off Route 522 North in the Gainesboro District from B2 (Business General) to RP (Residential Performance). Action - Approved 3367 11 Mr. Golladay said that he would abstain from voting on this rezoning due to a possible conflict of interest. The staff's recommendation for approval was based on the conclusions that: the zoning requested would result in a less intensive use of the property than permitted under the present B2 Zoning; because the surrounding property is zoned RP, the requested RP zoning would reduce the likelihood of use conflicts; and the applicant's proffer limited the residential use of the property to single -story elderly housing which also serves to minimize the potential impacts of other residential uses. Mr. D. Michael Peasley, President of Shenandoah Valley Westminster - Canterbury, presented slides of the area to be rezoned. Mr. Peasley said that this rezoning will eliminate the remaining B2 zoning on this property. Upon motion by Mr. McDonald and second by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application #005 -91 of Westminster - Canterbury to rezone 2.9375 acres from B2 (Business General) to RP (Residential Performance) with the acceptance of the proffers provided. This property is identified with property number 53 -4 -J in the Gainesboro District. ( Note: Mr. Golladay abstained from vote.) PUBLIC MEETING Revised Preliminary Master Development Plan #004 -91 of Wakeland Manor for single - family and multi- family townhouses on 298 2188 acres located north of Route 642, Macedonia Church Road, in the Shawnee District. Action - Tabled Mr. Eds Coleman, attorney, was present to represent Mr. Rex Wakeman and his father, Mr. Ralph Wakeman, the owners /applicants. Mr. Coleman discussed two issues regarding Golladay Road - -its location and its utility within the development. Mr. Coleman said that with respect to its location, they have elected to show the road running through the draw where they felt it would be of less visual impact to the residential development, due to the natural buffer and open space. With respect to the road's utility within the development, Mr. Coleman said that Golladay Road was not connected to the interior road system within the subdivision. Mr. Coleman questioned whether the necessity for the collector road was generated by this subdivision or by the county or public's need to run traffic through the development from Route 3368 VA 277 and Route 37. Mr. David Furstenau, a 3A- licensed land surveyor, came forward to address issues regarding the design of the development. Mr. Furstenau said that plan errors noted by the staff have been corrected, including the open space which has been recalculated and is in conformance with the ordinance. Mr. Furstenau said that there were concerns regarding stormwater passing through the draw where Golladay Drive is proposed. Mr. Furstenau said that he contracted an engineer to do calculations and the engineer's conclusion was that it was feasible to build the road within the draw. Chairman Golladay commented that the Commission and staff had not yet received the corrected version of the plan. Mr. Stiles questioned whether having 627 units on 20 cul -de -sacs was good planning practice. Mr. Tierney said that given that Phase I of the initial MDP was approved on the condition that a collector road be provided within the development and no satisfactory collector road has been provided and given the multitude of required information lacking from the revised MDP, the staff's recommendation was for denial of the plan. Mr. Watkins commented on the location of a 200 -acre parcel to the north of this development which was within the urban development area. He said that the county is obligated under the subdivision ordinance to allow for an entrance to this property. Mr. Watkins said that the proposed Golladay Road would probably be more appropriate if moved a little to the west in order to access this 200 -acre property to the north. Mr. Tierney pointed out that VDOT has not reviewed the road layout in terms of whether or not it was feasible to build the roads where shown. He said that VDOT had strictly reviewed it in terms of access points. The Commissioners felt that given the design of the roads, particularly within the western portion of the development, it would seem that the bulk of traffic headed towards Winchester, Stephens City, or Route 37 would go through the existing residential development. They felt that the road network proposed, shown without a collector road, would intensify traffic problems for people who already live within the adjoining development. It was pointed out that any development that generates 6,000 trips per day will, in and of itself, necessitate collector roads. The Commissioners also felt that the intersection of Golladay Road with Route 642 would have to be located approximately where it was shown on the plan because the property owners to the south had already committed to dedicate land and construct the road at this location. The Commissioners felt that the approximate location of Golladay Road through the draw was suitable to the county, but the problem was the fact that none of the internal roads were connected to Golladay Road. 3369 0 Chairman Golladay called for public comment and the following persons came forward: Mr. Robert Gruver, resident in Wakeland Manor, was opposed to moving Golladay Road further west of its present location because of the effect it would have on property values. Mr. Ron Paul, resident at 943 Laurel Drive in Wakeland Manor, was also opposed to moving Golladay Road anywhere other than within the draw. Mr. Paul presented a petition with approximately 100 homeowners who were in approval of the location of Golladay Road as currently shown. Upon motion. made by Mrs. Sherwood and second by Mr. Marker, the petition was made a part of the record by unanimous vote. (Petition attached at end of minutes.) Mr. Stiles noted for the record that when the Planning Commission approved this plan two years ago, there was considerable discussion and concern on the road layout, but there were not many alternatives at the time. Mr. Stiles said that the Planning Commission and Board of Supervisors' concern is to minimize the impacts, particularly traffic, on the existing residential neighborhood. Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Revised Preliminary Master Development Plan 11004 -91 of Wakeland Manor until such time that the applicant has revised the plan and resubmits it for review. This property is identified as number 75 -A -100 and 75 -A -101 in the Shawnee Magisterial District. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:15 p.m. by unanimous vote. Respectfully submi ed, A Robert W. Watkins, Se retary U / Jalpes W. Golladay, Jr., C i nan 3370 - 9 - PETITION TO: FREDERICK COUNTY PLANNING COMMISSION FROM: RESIDENTS OF WAKELAND MANOR We,the undersigned, are in strong agreement to the routing of the future Golliday Drive/ Expressway as shown on the Wakeland Manor Revised Preliminary Master Development Plan (attached). We strongly feel that if the Golliday Drive/ Expressway is NOT located in the "common area" as shown on the Development Plan, the residential character and appearance of our present neighborhood will be greatly damaged and thus adversely affect our property value. We request your support in approving the Wakeland Manor Revised Preliminary Master Development Plan. P- y 3371 r / OA. (J � )yrl ✓ J��, Cl l/,t��l �'l �a ,,,,�`� =10M PETITION TO: FREDERICK COUNTY PLANNING COMMISSION FROM: RESIDENTS OF WAKELAND MANOR We,the undersigned, are in strong agreement to the routing of the future Golliday Drive/ Expressway as shown on the Wakeland Manor Revised Preliminary Master Development Plan (attached). We strongly feel that if the Golliday Drive /Expressway is NOT located in the "common area" as shown on the Development Plan, the residential character and appearance of our present neighborhood will be greatly damaged and thus adversely affect our property value. We request your support in approving the Wakeland Manor Revised Preliminary Master Development Plan. 3372 - 11 - PETITION TO: FREDERICK COUNTY PLANNING COMMISSION FROM: RESIDENTS OF WAKELAND MANOR We,the undersigned, are in strong agreement to the routing of the future Golliday Drive/ Expressway as shown on the Wakeland Manor Revised Preliminary Master Development Plan (attached) . We strongly feel that if the Golliday Drive /Expressway is NOT located in the "common area" as shown on the Development Plan, the residential character and appearance of our present neighborhood will be greatly damaged and thus adversely affect our property value. We request your support in approving the Wakeland Manor Revised Preliminary Master Development Plan. 7 3373 Name ADRESS Signature - 12 - PETITION TO: FREDERICK COUNTY PLANNING COMMISSION FROM: RESIDENTS OF WAKELAND MANOR We,the undersigned, are in strong agreement to the routing of the future Golliday Drive/ Expressway as shown on the Wakeland Manor Revised Preliminary Master Development Plan (attached) . We strongly feel that if the Golliday Drive /Expressway is NOT located in the "common area" as shown on the Development Plan, the residential character and appearance of our present neighborhood will be greatly damaged and thus adversely affect our property value. We request your support in approving the Wakeland Manor Revised Preliminary Master Development Plan. Name ADRESS Signature S Is % if/9uE/e ow. 3374 - 13 - PETITION TO: FREDERICK COUNTY PLANNING COMMISSION FROM: RESIDENTS OF WAKELAND MANOR We,the undersigned, are in strong agreement to the routing of the future Golliday Drive/ Expressway as shown on the Wakeland Manor .Revised Preliminary Master Development Plan (attached) . We strongly feel that if the Golliday Drive /Expressway is NOT located in the "common area" as shown on the Development Plan, the residential character and appearance of our present neighborhood will be greatly damaged and thus adversely affect our property value. We request your support in approving the Wakeland Manor Revised Preliminary Master Development Plan. Name ADRESS Signature 3375 - 14 - PETITION TO: FREDERICK COUNTY PLANNING COMMISSION FROM: RESIDENTS OF WAKELAND MANOR We,the undersigned, are in strong agreement to the routing of the future Golliday Drive/ Expressway as shown on the Wakeland Manor Revised Preliminary Master Development Plan (attached) . We strongly feel that if the Golliday Drive /Expressway is NOT located in the "common area" as shown on the Development Plan, the residential character and appearance of our present neighborhood will be greatly damaged and thus adversely affect our property value. We request your support in approving the Wakeland Manor Revised Preliminary Master Development Plan. 3376 Name ADRESS Signature