PC_08-07-91_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
August 7, 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;
George L. Romine, Citizen at Large; Roger L. Thomas, Citizen at Large; Kenneth Y. Stiles,
Board Liaison; and Roger Kalbach, City Liaison.
ABSENT: S. Blaine Wilson, Shawnee District; Marjorie H. Copenhaver, Citizen at Large.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINU'T'ES - .1 UN E 19, 1991
Upon motion made by Mr. McDonald and seconded by Mr. Romine, the minutes
of June 19, 1991 were unanimously approved as presented.
MONTHLY & BIMONTIILY REPORTS
Chairman Golladay accepted the reports for the Commission's information.
COMMITTEE REPORTS
Comprehensive Plan Subcommittee - 8/5/91 Mtg.
Mrs. Sherwood said that the subcommittee discussed a specific business corridor
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request, which lead to a generalized discussion of business corridors.
Rural Issues Committee - 8/12/91 Mte.
Mr. Tierney said that the committee will be meeting with representatives from the
Top of Virginia to review the proposal for provisions to the rural land use regulations.
Economic Development Commission - 7/18/91 Mtg.
Mr. McDonald reported that the Commission received several committee updates.
He also reported that the EDC is receiving a number of inquiries from outside businesses.
Transportation Committee - 8/05/91 Mtg.
Mr. Tierney reported that the Committee discussed a proposal . for relocating
Victory Lane to accommodate the airport's extended runway.
UPDATE ON ROUTE 37 PROGRESS
Mr. Watkins reported that the TAC (Technical Advisory Committee), which is
the supervisory committee for the Route 37 project, has met twice. He said that a CAC
(Citizens Advisory Committee) is also being formed and their purpose will be to act as a
sounding board for methods of presentation of various ideas concerning the project. Mr.
Watkins said that the consultant is collecting data and working with the various agencies.
PUBLIC MEETINGS
Preliminary Master Development Plan /1005 -91 of Westminster- Canterbury of Winchester
for an addition to their existing facilities. This property is located on Westminster -
Canterbury Drive off of Route 522 North and is identified as parcels 53- A -63A, 53- A -63B,
53 -4 -3J, and 53 -A -52B in the Gainesboro District.
Action - Approved
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Mr. Frank Carson, with Patton, Harris & Rust, the engineering consultants for
the project, presented the preliminary master plan to the Commission.
Chairman Golladay inquired about using the existing trees as a buffer in lieu of
the buffer requirements in the Zoning Ordinance. Staff noted that a buffer is required between
various housing types - -in this case, duplexes next to single - family homes on the adjoining
property. The staff concurred that this was a heavily wooded area, which eliminated the need
for an additional buffer. Staff noted that provisions in the ordinance allow the buffer to be
waived where conditions of topography or wooded areas eliminates its need.
Chairman Golladay said that at the time of rezoning, a lot of concern was
expressed about stormwater drainage on Route 522. Mr. Miller said that the stormwater
detention facility for the patio homes was a problem last year when there was significant rainfall.
The outflow was improperly directed, but has since been corrected.
Mr. Tierney stated that with the proposal, the applicant will need to provide
sufficient stormwater calculations on the site plan.
Upon motion by Mr. McDonald and second by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve PMDP #005 -91 of Westminster- Canterbury for the addition of 20 duplex units to the
existing facility on the condition that all staff and review agency comments are met and that the
existing trees be used as a buffer.
YES (TO APPROVE): Marker, McDonald, Sherwood, Golladay, DeHaven, Rinker, Thomas
ABSTAIN: Mr. Romine
PUBLIC HEARINGS
Conditional Use Permit 1!007 -91 of Charles Munneke for an off - premise sign. The sign is
located on the Mountain View Church property on Route 11 North in the Back Creek
District.
Action - Approved
Mr. Charles Munneke said that he leases space for his sign from the Mt. View
Church and he was not aware that a permit was required. Mr. Munneke said that his sign is
6' X 8'.
Upon motion by Mr. Marker and second by Mr. McDonald,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Conditional Use Permit #007 -91 of Charles Munneke for an off - premise sign on
property identified as 75 -A -12 in the Back Creek District. This permit is approved with the
following condition:
1. That the sign be maintained in accordance with the Frederick County Zoning Ordinance.
Rezoning Application #006 -91 of Eastgate Commerce Center to rezone 25 acres from RA
to B2, 20 acres from RA to B3, and 70 acres from RA to M1 for uses as allowed in these
zoning districts. This property is located 1.5 miles north of Double Tollgate on US Route
522 South in the Opequon District.
Action - Approved
The staff's conclusions were: that the proposed rezoning conformed to the
County's Comprehensive Plan; the site was generally suited for the uses permitted with the
zoning categories requested in the application; and the foreseeable impacts of the rezoning have
been well covered by the applicant's proffers. The staff recommended approval of the rezoning
with acceptance of the proffers.
The Commission had concerns about the adequacy of the sewer and water
arrangement. Water was located approximately 1 1/4 mile away and sewer service
approximately one mile away. The staff noted that the applicants have proffered that no more
than three uses, with a total employment of 400, will be permitted in the area to be rezoned
prior to the extension of sewer and water service to the site.
Mr. DeHaven had great concern about a 235 -acre rezoning request for any use
on property without water and sewer.
Mr. Thomas questioned the applicant's intentions in rezoning only a portion of
the property and not the entire tract. It was noted that it was unlikely that the area north of
Route 642 would be included within the urban development area and it was also unlikely that
the Commission would approve the extension of the sewer service area into the Wright's Run
Drainage Area.
Mr. William Heflin, adjoining property owner, needed clarification on the exact
location for the proposed development.
The Commission recognized that one of the advantages of this site, along with
economic necessity, was it proximity to the Inland Port.
Mr. Rinker was concerned that without careful, conscientious observance, the
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urban development area could be extended and the county would have to deal with its
consequences sooner than anticipated. Other Commissioners shared Mr. Rinker's opinion.
Mr. Thomas felt that proffer number six could be worded more clearly to require
that individual on -site systems be operated by the owner and not be the Sanitation Authority and
that extension to the central system will be done by the developer.
Upon motion by Mr. Thomas and second by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve
Rezoning Application #006 -91 of Eastgate Commerce Center to rezone 25 acres from RA to 112;
20 acres from RA to 133; and 70 acres from RA to M1 with the proffers as indicated on the
revised proffer letter. This property is located 1.5 miles north of Double Tollgate on US Route
522 South and is identified as parcel #76 -A -53 in the Opequon District.
The vote on this rezoning was:
YES (TO APPROVE): Marker, McDonald, Sherwood, Golladay, Romine, Thomas, Rinker
NO: DeHaven
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned by
unanimous vote.
Respectfully submitted,
J mes W. Golladay, Jr. Chairman
�
Robert W. Watkins, Secretary
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