PC_05-06-92_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
May 6, 1992
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John
R. Marker, Vice Chairman/Back Creek District; Manuel C. DeHaven, Stonewall
District; S. Blaine Wilson, Shawnee District; Ronald W. Carper, Gainesboro
District; George L. Romine, Shawnee District; Marjorie H. Copenhaver, Back
Creek District; Todd D. Shenk, Gainesboro District; Roger L. Thomas, Opequon
District; John H. Light, Stonewall District; and Beverly Sherwood, Board
Liaison.
Planning Staff present were: Robert W. Watkins, Secretary; Kris C. Tierney,
Deputy Planning Director; W. Wayne Miller, Zoning Administrator; and Evan
A. Wyatt, Planner II
ABSENT: S. Blaine Wilson, Shawnee District
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES - -MARCH 18, 1992 AND APRIL 1 1992
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of
March 18, 1992 were unanimously approved as presented.
Upon motion made by Mr. Romine and seconded by Mr. Marker, the minutes of
April 1, 1992 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
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COMMITTEE REPORTS
Transportation Committee - 5/4/92 Mtg.
Mr. Thomas reported that the Transportation Committee discussed the intersection
improvement plan along the I -81 corridor; they prioritized routes in order of need for
improvement, concentrating on the industrial intersection north of town; they also discussed the
need for a light at Route 277 and future Warrior Road because of the amount of traffic that will
be generated by Sherando High School.
Economic Development Commission
Mr. Romine said he attended a program sponsored by the Center on Rural
Development in Culpepper on April 28. This relatively new program, developed as a part of
the Virginia Economic Development Commission, is strictly for rural areas.
REVISED MASTER DEVELOPMENT PLAN
Revised Master Development Plan #003 -92 of Hampton Chase for townhouses and single -
family homes in the Stonewall District.
Action - Recommended Approval
Mr. Tierney said this master plan was before the Commission about a year ago
with a request to eliminate curb and gutter on the main through -road, which was approved. This
request is to eliminate the Apple Street connection between this development and the City. He
said that the Department of Transportation has no objections to eliminating the access. Mr.
Tierney said that there are additional accesses and the staff does not anticipate a great deal of
impact on them. The staff recommended approval of the request.
Mr. Charles Maddox, Project Engineer with G. W. Clifford & Associates, relayed
the history of the site to the Commission and answered questions from the Commission. Mr.
Maddox said that the land remaining after elimination of the connection will remain as open
space.
Upon motion made by Mr. DeHaven and seconded by Mr. Shenk,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
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recommend approval of Revised Master Development Plan #003 -92 of Hampton Chase to
eliminate the Apple Street connection to the City of Winchester. This property is located
northeast of Battle Avenue and Van Fossen Street and is identified as GPIN #540000A0000940
in the Stonewall District.
DISCUSSION REGARDING THE RELOCATION OF WARRIOR ROAD (formerly
Golladay Road)
Mr. Tierney said that the current location of Warrior Road (formerly Golladay
Road) passes through a portion of Fredericktowne Estates and residents have expressed their
concern and opposition to the road traveling through their subdivision. He said that there are
six lots within Section II of Fredericktowne that front on Warrior Road and also, one adjoining
lot that fronts on Westmoreland Drive. Mr. Tierney gave the Commission some history on the
location of the road.
Mr. Tierney said that meetings have been held with representatives of The Village
at Sherando, the Frederick County Parks and Recreation Department, and G. W. Clifford &
Associates to examine the possibilities of shifting the road over to the park land. He said from
an engineering point of view, it would be possible to shift the segment of Warrior Road currently
within Fredericktowne Estates to the east, onto the western edge of Sherando Park. Mr. Tierney
said that in order to do this, however, there are a number of federal regulations that come into
play. Also, the current owner of the Village at Sherando has agreed to make the necessary
alignment changes and construct the section of road within his property up to the point that the
new alignment would begin to exceed the costs of the presently approved alignment.
Mr. Tierney said that the relocation would involve roughly 4.5 to 5 acres of park
land and require the construction of approximately 2,500 feet of road. More importantly, it
would require the cooperation of the Parks and Recreation Commission and approval of the
Department of the Interior, since Federal Grant money was used for purchase of the park land.
Mr. Tierney said that if the Planning Commission feels that the approach presented
by the staff is appropriate, he will pass the Commission's recommendation on to the Board for
their action.
Mr. Romine inquired about the urgency of the situation. Mr. Tierney said that
the Evans /Snyder property is under construction and the developer will reach a point where the
road will need to be built, probably within a year. Mr. Tierney noted that all sections of
Warrior Road have 60' right -of -ways with the exception of the Fredericktowne section, which
has a 50' right -of -way. It was also noted that the Department of the Interior had not yet been
contacted.
Mr. Thomas requested a detailed sketch of the entire length of Warrior Road
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before this was forwarded to the Board. Mr. Thomas inquired about the probability of the state
funding the 2,500' of road.
Mrs. Sherwood said that before making a recommendation, she would like to hear
about the impacts on the Parks & Recreation Department. She also felt that the Board would
need a cost analysis on the 2,500' of road.
Mr. Watkins said that a connection to Route 277 has been approved and if the
road is not relocated, the future connection onto Route 642 could be in ,jeopardy.
Mr. Joe Eckard, a resident on Warrior Road, inquired about the transportation
requirements which necessitated the construction of the road. He felt that residential subdivisions
should be insulated from through traffic. He was concerned about the traffic from Sherando
High School. Mr. Eckard also inquired if sufficient buffer would be supplied between his home
and the road, if the road was relocated through Sherando Park.
Mr. Richard Dunn, resident of Westmoreland Drive, did not want to see
Westmoreland tied in with Warrior Road. Mr. Dunn felt that the increased traffic would create
safety hazards for neighborhood children.
Chairman Golladay said that although many more details need to be worked out,
the Commission would look favorably upon the staff pursuing this approach. Mr. Watkins said
that the staff would work on more detailed plans, cost estimates, and contact some of the various
parties involved and then come back to the Commission.
PUBLIC HEARINGS
Rezoning Application ;003 -91 of Marshall D. Williams to rezone 3.1 acres from RA
(Rural Areas) to M2 (_Industrial General) for waste and trash collection and recycling in
the Shawnee District.
Action - Denied
Mr. Tierney reported that this rezoning application was submitted approximately
one year ago and the Commission tabled the rezoning due to a number of questions. Mr.
Tierney said that the application was eventually referred to the Comprehensive Plan
Subcommittee because, in order to rezone the property, an amendment to the Comprehensive
Plan would be required to designate this area as an an appropriate location for industrial uses.
It was the Comprehensive Plan Subcommittee's opinion that based on the lack of infrastructure
present to accommodate traffic, sewer, and water demands typically associated with industrial
zoning and the possibility of precedent setting, it was not appropriate to amend the
Comprehensive Plan at this time.
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Mr. Marshall Williams, the applicant, said that he has been operating at this same
location for the past 40 years. Mr. Williams said that the public hearing notice in the newspaper
incorrectly described his business as a waste and trash collection operation and it should be
described as a salvage yard for recycling. Mr. Williams said that he wanted to locate an office
on the property for operation of his trucks. Mr. Williams said that there were other salvage
yards in residential districts throughout the county and he felt he was being discriminated against
as a black minority.
Mr. Williams presented photographs of the posts he installed on his property for
a privacy fence. He said that the posts are 15' from the edge of the road and over 25' from the
center of the road. He said that he has also purchased the lumber to build the fence.
Chairman Golladay explained that Mr. Williams is legally permitted to conduct
his business as it currently exists as a legal, nonconforming use. Chairman Golladay said that
the rezoning will only reclassify the property as Industrial General instead of a Rural Area. Mr.
Golladay explained that regardless of the decision made by the Commission on the rezoning, Mr.
Williams can operate his business on the original property as it exists today.
Mrs. Sherwood suggested another avenue for Mr. Williams to pursue other than
rezoning the property. She said that for the newly acquired property, Mr. Williams could apply
for a conditional use permit to expand a nonconforming use.
Chairman Golladay called for public comment and the following people came
forward:
Mr. George Sloan asked for clarification on what the County permitted Mr.
Williams to do and how much Mr. Williams could expand.
Mr. Miller, Zoning Administrator, said that Mr. Williams was operating as a
legal, nonconforming use. He said that Mr. Williams purchased adjoining land and expanded
his operation to over twice its original size. Mr. Miller said that the County was prepared to
permit the expansion, if the property was properly screened.
Mr. Kenneth Williams, nephew to Mr. Williams, said that his family has owned
property along Sulphur Springs Road all their lives. Mr. Williams spoke in favor of Mr.
Williams' continuing with his business.
Mrs. Helen Morris, adjoining property owner, said that she would like Mr.
Williams to move the salvage items away from the creek. Mrs. Morris felt that Mr. Williams'
trash obstructs water flowing down the creek and causes flooding on her property during heavy
rains.
Harold and Carol Layman, adjoining property owners, said that they sold Mr.
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Williams the two acres which are in dispute and they also own quite a few acres surrounding Mr.
Williams' property. Mr. Layman indicated that they would go along with any decision made by
the Commission.
Chairman Golladay asked Mr. Jay Cook, Assistant Commonwealth's Attorney,
for explanation of the court case that took place regarding Mr. Williams. Mr. Cook replied that
Mr. Williams was charged criminally and the jury verdict found him not guilty of the criminal
activity. Mr. Cook said that Mr. Williams is still grandfathered and under those laws, cannot
expand his use more than 50 %. Mr. Cook added that the court order did not delineate the area
of use.
Mr. Romine said that since Mr. Williams' operation did not hinge on approval of
the rezoning application, he would move for denial of the rezoning. This motion was seconded
by Mr. Marker and unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend denial of Rezoning Application #003 -91 of Marshall D. and Helen V. Williams to
rezone 3.1 acres from RA (Rural Areas) to M2 (Industrial General). This property is designated
as PIN #650000A0000910 and is located three miles east of Winchester on the east side of
Sulphur Springs Road, about one mile north of Route 50 East in the Shawnee District.
An amendment to Chapter 21, Zoning, of the Frederick County Code, Article IX,
Business and Industrial Districts to allow tire retreading for wholesale purposes as an
allowed use in the M1 (Light Industrial) District.
Action - Approval
Evan Wyatt said that the Development Review and Regulations Committee
(DRRC) considered a request from the Donald B. Rice Tire Company to allow tire retreading
operations in the M1 (Light Industrial) Zoning District. The DRRC felt it was appropriate to
allow tire retreading operations in the M1 Zoning District, but not the major group as a whole.
There were no public comments.
Upon motion by Mr. Thomas and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve an amendment to revise Chapter 21 of the Frederick County Code, Zoning Ordinance,
Article IX, Business and Industrial Zoning Districts, Section 9 -1 -4, as follows:
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9 -1 -4 LIGHT INDUSTRIAL DISTRICT, M -1
ALLOWED USE
STANDARD INDUSTRIAL
CLASSIFICATION (SIC)
Tire Retreading
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UPDATE OF THE FREDERICK COUNTY COMPREHENSIVE POLICY PLAN FOR
1992 -1993
ACTION - APPROVED
Mr. Tierney said that the Comprehensive Plans and Policies Subcommittee
finalized its recommended update of the County's 1992 -93 Comprehensive Policy Plan. Mr.
Tierney said that major changes consisted of annual statistical updates, such as population and
housing data, along with additional information in the areas of economic development and
stormwater management policies.
Mr. Tierney said that the Subcommittee also considered a number of requests to
expand the sewer and water service area and /or the urban development area (UDA). Mr.
Tierney summarized each of the requests along with the Subcommittee's recommendations:
1) Ralph Gregory; Roughly 250 acres along Rt. 11 South- -The request was for expansion
of the UDA or expansion of the Route 11 South business corridor. The Subcommittee's
recommendation was to expand the sewer and water service area to include this property.
2) Louise Brim; Three parcels along Route 11 South near the Shackleford Farm and the
Mountain View Church of Christ- -This property is encompassed by the Gregory request and was
recommended for inclusion.
3) Ryland Carper; 210 acres off Route 723 near Route 50 East - -The Subcommittee felt this
request was not appropriate at this time.
4) Signal Station Associates, Round Hill- -The request was to grant one of two requests: a)
Extension of sewer from Merriman's Lane up to Abrams drainageway to serve the entire Round
Hill Community Center, involving approximately 1,000 acres. b) Establishment of a community
sanitary system to serve the Round Hill Community. The Subcommittee felt the request was
premature and did not recommend it for inclusion.
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5) James Marlow, Routes 661, 662, 838; 350 acres bordering on Route 661, 662, 838 and
the B &O Railroad near the I -81 and Rt. 11 North intersection- -The Subcommittee felt that the
issues of access and impacts on the Stephenson's Depot Battlefield need to be addressed prior to
inclusion in the UDA.
6) Residents of 522 South /Shenandoah Mobile Home Park- -This request was modified to
approximately 687 acres as opposed to the original 1,728; approximately 330 acres would be
open to development. Approximately 200 houses are contained in this area and the
Subcommittee is concerned about failing septic systems in the area. A recommendation has not
yet been made; the applicants and the county have been in contact with the Health Department
and they have agreed to conduct a survey of the septic problems.
7) Billy Joe Tisinger on behalf of Fred L. Glaize IIl, JASBO Inc., Oakcrest Builders, Inc.
and Wright Run Limited Partnership; 200 acres north of Realigned Route 642- -The
Subcommittee was concerned that the timing was not right to open up more land for residential
development, however, they did not rule out the possibility of industrial zoning in this area. It
is not certain whether the landowners intend to propose an expansion of the sewer and water
service area to accommodate industrial zoning.
Chairman Golladay called for public comment and the following persons came
forward to speak in favor of their particular requests:
1) Mr. Steve Chadwell, owner of property north of Stephens City, inquired if the
Commission would consider Industrial Zoning for his area. Chairman Golladay explained that
all requests for expansion of the sewer and water service area and the UDA would need to first
be reviewed by the Comprehensive Plans and Policies Subcommittee.
2) Mr. Ralph Gregory was concerned that the proposed UDA did not follow
existing boundary lines and that problems may result with rezonings in the future. Staff noted
that the UDA line followed existing natural divides (in order to provide sewer & water). Staff
explained that if a rezoning proposal contained portions of property outside of the UDA, the
Planning Commission would need to determine whether rezoning of those areas outside of the
UDA would be appropriate.
3) Mr. Ryland Carper, property owner along Route 723, said that he has made
a number of requests over the past several years to have his Route 723 property placed in the
UDA and each time, there has been some reason for denial. With regard to precedent setting,
Mr. Carper said that no other requests for development have been made for this particular area.
Mr. Carper said that he is not asking for public water and sewer - -this could be provided at the
developer's expense. He added that he is 1.2 miles from public water and sewer.
4) Mr. Billy Joe Tisinger said that proposed Route 642 will travel across the UDA
and just south of the property he is requesting to be placed in the UDA. He said that after Route
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642 is complete, Mr. Glaize, Mr. Bowman, Mr
approximately 130 acres just north of 642
industrially -zoned acres south of Rt. 642. Mr.
UDA.
Vickers, and Wrights Run Partnership will own
and Wrights Run Partnership will own 200
Tisinger felt this was a natural extension of the
The Commissioners reviewed each of the requests and agreed with the
recommendations made by the Subcommittee.
Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
endorse the update of the Frederick County Comprehensive Policy Plan for 1992 -93 as
recommended by the Comprehensive Plans and Policies Subcommittee.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 9:30
p.m. by unanimous vote.
Respectfully submitted,
Robert W. Watkins; Se rc etary�
Ja es W. Golladay, Jr., Ch m
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