Loading...
PC_02-07-90_Meeting_Minutes• MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on February 7, 1990. 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; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Citizen at Large; George L. Romine, Citizen at Large; and Kenneth Y. Stiles, Board Liaison. Planning Staff present were: Robert W. Watkins, Secretary; Kris C. Tierney; and W. Wayne Miller. ABSENT: Marjorie H. Copenhaver, Citizen at Large; Douglas Rinker, Citizen at Large. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of January 17, 1990 were unanimously approved as presented. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS COMPREHENSIVE PLAN SUBCOMMITTEE • Mrs. Sherwood reported that the C.P. Subcommittee reviewed citizens' comments that were received at the last public 3037 2 • meeting. They also reviewed additions /deletions to the urban development area. RURAL ISSUES COMMITTEE Mr. Wilson reported that the main topic of discussion at the Rural Issues Committee meeting was mapping. ORDINANCE SUBCOMMITTEE Mr. Watkins reported the Ordinance Subcommittee discussed Rural Subdivision changes and fees at their last meeting. TRANSPORTATION COMMITTEE Mr. Watkins reported that the Transportation Committee endorsed a list of primary road improvement recommendations to be forwarded to the Planning Commission and Board of Supervisors. HISTORIC RESOURCES ADVISORY BOARD Mr. Thomas said that the H.R.A.B. is in the process of developing recommendations on the Third Battle of Winchester site. Subdivision Request of Fort Collier Industrial Park, Lots 25 -B (3.787 acres) and 25 -C (5.184 acres), zoned M1, and located at the intersection of Brooke Road and Fort Collier Road in the Fort Collier Industrial Park in the Stonewall District. Action - Approval The staff noted that the division of these two lots was critical to the completion of the transaction that will provide additional right -of -way land to permit the construction of the Hackwood Lane access from Route 11 into the park. Parcel B is being traded by the owners for the additional land to permit construction of Hackwood Lane as an access road that will meet state standards. • Mr. Bruce Edens of Greenway Engineering and Surveying was representing this subdivision request. 3038 • K Romine, Upon motion made by Mr. DeHaven and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning does hereby unanimously approve the Fort Collier Industrial Park subdivision request for two lots, 25 -B and 25 -C, zoned M1, and located in the Stonewall District. Subdivision Request and Revised Master Development Plan for Jefferson Village for 52 single - family lots on 18.5256 acres, zoned RP and located on the north side of Route 277, about one mile east of Stephens City, in the Opequon District. Action - Approved The staff noted that this subdivision was approved in June of 1989 and, at that time, Jefferson Village and Georgetown Court were to be connected by a "through" road to Route 277. Because of some developments since that approval, the applicants no longer wish to have that through connection. The applicant proposed to wrap the road around where it would have headed south through Georgetown Court, resulting in a realignment of three or four lots. The staff noted that the open space on the east side is now an access through the Evans /Snyder tract. Mr. Charles E. Maddox, Jr. of G. W. Clifford and Associates, was representing this subdivision request. Mr. Maddox assured the Commission that the two foot deep trapezoid ditch between this property and Fredericktowne would be adequate to handle water runoff. Romine, Upon motion made by Mr. Thomas and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision request and recommends approval of the revised master development plan for Jefferson Village for 52 single - family lots on 18.5256 acres, zoned RP, and located in the Opequon District. DISCUSSION ON CURRENT STATE_ LEGISLATION ISSUES - FOR INFORMATION ONLY Mr. Stiles, Board Liaison, reported on several legislative bills that were recently approved by the State Senate. • one of the bills prevents localities from downzoning special taxation districts, where land owners have agreed to pay increased 3039 4 • taxes to improve roads and public utilities in exchange for favorable zoning. Other bills prohibited rezoning of property after proffers have been accepted and established that landowners have a vested interest in the existing zoning of their land. Mr. Stiles also reported that new proposed legislation would place the burden of proof during litigation on the county, instead of the applicant, to demonstrate that a rezoning application does not serve the general welfare, public health and /or public safety. Mr. Stiles said that this legislation shifts the burden of proof from the applicant to the county in any litigation and will have a profound impact on how the county does business. PUBLIC HEARINGS Rezoning Application #001 -90 of James H. Carroll to rezone 2.8132 acres from RP (Residential Performance) to B2 (Business General) for business and commercial uses. This property is located north and adjacent to Route 781 and old Route 50, approximately .75 miles east of the City of Winchester, in the Shawnee District. Action - Denied The staff read the background information and proffers offered. The staff expressed concern for potential traffic impacts on the intersection of Routes 781 and 50 and the need for future intersection improvements. Mr. Robert Mitchell, attorney, was representing Mr. James Carroll in this rezoning. It was noted that the rezoning involved four parcels at the entrance to Pembridge Heights, Section I. He said that in order to acquire a second access to Route 50, the Pembridge developers approached Mr. Carroll about acquiring some of his property. Mr. Mitchell said that before agreeing to convey the land, Mr. Carroll informally approached the Planning Commission to discuss his anticipated commercial use of the property. Mr. Mitchell said that an informal poll of the Commission was positive and Mr. Carroll conveyed his land. Mr. Charles Maddox, Jr., the project engineer, presented the master plan to the Commission. Upon motion made by Mrs. Sherwood and seconded by Mr. DeHaven, a letter to the Commission from Mr. Brownell, the developer of Pembridge Heights, was made a part of the official record, as follows: E 3040 • I n'ri a 51 Va. 22075 February 6, 1990 Planning Commission County of Frederick Winchester, Virgini.a VIA FAX RE: CARROLL REZONING 81 VIt)CII. Inc - s - liuildcI �; :� lq,rrti ^icho 1�8.1i1�� Post-It- brand fax transmittal memo 7671 n or Pages Mr. Chairman and Members of the Commission; Brownell Inc, is the developer of the Pembridge Heights subdivision. The Pembridge Heights subdivision lies directly to the nurth of the Carroll property which i.s the subject of a rezoning hearing tomorrow. Brownell, Inc, purchased land from Mr. Carroll to develop an entrance on Route 781 for the Pembridge Heights subdivision. At the time we negotiated and purchased the property from Mr. Carroll for the entrance road, it was understuod that Mr. Carroll intended to apply for rezoning and to use the property for commercial use. Brownell, Inc. has uo objection to the commercial development of the property. Considering with respect to screening, we have reviewed the proffers and buffer requirements in the zoning ordinance and we feel that those represent satisfactory screening and protection of our property. Please contact me directly if you have ally questions about this matter. Very truly yours, 4 1 a V44 Mark Nelis Vice President 0 1 6 Ar 3043 ® - 6 - Chairman Golladay called for anyone in the audience who wished to speak regarding this request and the following persons came forward to speak in opposition: Mr. Dick Martin, resident of Miller Heights, an adjacent subdivision, said that he was speaking on behalf of the residents of Miller Heights. He said that the residents felt that the proposed rezoning would change the rural character of the neighborhood. The residents were also concerned about increased traffic generated on Route 50. Mr. Jim Gibbons, resident of Miller Heights, was also concerned about commercial establishments changing the character of the neighborhood and increased traffic. He commented about numerous vacant commercial establishments along Route 50. Another resident of the area felt that a rezoning of this nature only created additional tax expenses for county residents. The Commissioners felt that any proposed commercial use of this property should be comatible with the adjoining residential neighborhood. The Commissioners noted that many of the uses permitted in a B2 Zoning District would not be compatible with a residential neighborhood. Mr. Wilson moved to table the request for 30 days in order to give the applicant an opportunity to consider the uses proposed for the property. This motion was seconded by Mr. Thomas, but failed by the following vote: YES (to table): Thomas, Wilson, Marker NO: Romine, DeHaven, Golladay, Sherwood, McDonald Mr. Romine moved to approve the request. This motion was seconded by Mr. DeHaven, but failed by the following vote: YES (to approve): Romine, DeHaven NO: Golladay, Sherwood, McDonald, Thomas, Marker, Wilson Finally, a motion for denial of the rezoning was made by Mr. Marker and seconded by Mr. Thomas. This motion passed by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does • hereby recommend denial of Rezoning Request #001 -90 of James H. Carroll to rezone 2.8132 acres from RP (Residential Performance) to B2 (Business General) by the following vote: 3041 - 7- • YES (to deny) : Thomas, Wilson, DeHaven, Golladay, Sherwood, Marker No: Romine, McDonald DISCUSSION OF PRELIMINARY STORMWATER MANAGEMENT PLAN PREPARATION FOR FREDERICK COUNTY The staff noted that the proposed plan is intended to provide information on stormwater needs and recommendations on county stormwater management policy. The proposed study will gather information, map and prioritize basins, identify problems and improvements, and recommend policies. Mr. Paul Bernard, of Donohue & Associates, was present to brief the Commission on the study and answer questions. No further business remained to be discussed and the meeting adjourned by unanimous vote. Respectfully submitted, • 3042