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PC_04-04-90_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 April 4, 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; S. Blaine Wilson, Shawnee District; Carl M. McDonald, Gainesboro District; Douglas Rinker, Citizen at Large; Marjorie H. Copenhaver, Citizen at Large; 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; W. Wayne Miller; Evan Wyatt, and Ron Lilley 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 March 7, 1990. Upon motion made by Mr. Marker and seconded by Mr. McDonald, the minutes of March 7, 1990 were unanimously approved as presented. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS JOINT WORKSESSION WITH CITY AND COUNTY PLANNING COMMISSIONS Chairman Golladay said that a joint meeting of the City and County Planning Commissions was held on April 2, 1990. Chairman Golladay said that he would be appointing a liaison from the County to the City Planning Commission for the purpose of information sharing. �0 111016: • 2 Subdivision request of Lenoir City Company of Virginia for the subdivision of one 13.7999 acre lot (Lot 29) located in the Stonewall Industrial Park, Stonewall District. Action - Approved Staff noted that the problem that exists on this tract is the required storm water detention basin that will be divided between this parcel and the adjoining parcel, Lot 28. It was noted that the construction and maintenance of this basin must be tied down to eliminate any long term conflicts. Mr. Thomas Gilpin, the applicant, said that the owners of both lots have consented to sign an agreement to free both the County and the Virginia Department of Transportation of any liability resulting from the construction or maintenance of the detention basin. 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 Lenoir City Company of Virginia to subdivide one 13.7999 acre lot (lot 29) in the Stonewall Industrial Park, adjacent to the existing Toan & Associates facility, in the Stonewall Magisterial District. SITE PLANS Site Plan #005 -90 for the Potomac Edison Company's West Winchester Electrical Substation to be located off of the south side of Rt. 50, 1700 west of Rt. 37, in the Back Creek District. Action - Approved Mr. Jay Wetsel, the attorney representing the Potomac Edison Company, said that they feel this site is superior to the one approved earlier because it is a greater distance from highways, there is less visibility from the public and the site is in a depression. Mr. Wetsel said that they have addressed noise concerns through screening. Mr. Stiles asked if an agreement had been reached with adjoining property owners to obtain right -of -way for construction of an access road. Mr. Wetsel replied that an agreement had been reached with Mr. Poe and Mrs. Smith, adjoining property owners. A petition signed by 19 individuals opposing the substation location was presented to the Commission. Upon motion made by Mr. DeHaven and seconded by Mrs. Sherwood, the petition was 3081 0 3 made a part of the official record. (petition at end of minutes) Mr. Gregory Bishop, a resident of the area, was opposed to the location chosen for the substation. Mr. Bishop had concerns about possible residual effects of the electromagnetic field surrounding the substation and felt that the Commission should conduct an environmental impact study. He felt that the public was not adequately notified of this application and he was also concerned about any future expansion by the Potomac Edison Company. Mr. Thomas recommended that a solid earth berm be placed around the site to minimize sound and transmission of force fields at the ground level. Upon motion made by Mr. Marker and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval to the Board of Supervisors of the Potomac Edison Company's West Winchester Electrical Substation as submitted. The vote was: YES (for approval): Romine, Wilson, DeHaven, Golladay, Sherwood, McDonald, Copenhaver, Marker NO: Thomas, Rinker Preliminary Master Development Plan #014 -89 of Evans /Snyder for single - family, detached cluster dwellings, townhouses, and commercial uses on 54.625 acres zoned RP and B2 in the Opequon District. Action - Approved Mr. Ronald Mislowsky, project engineer, presented the plan to the Commission. Mr. Mislowsky noted that the Golladay Expressway runs from Rt. 277 north through this property and connects with an existing road network in Fredericktowne Estates; roads in this development also connect to existing roads in the Jefferson Village Subdivision. Discussions with the applicant centered around the acceleration /deceleration lanes on Route 277; a left turn lane at the connection of Golladay Expressway with Route 277; and sidewalks along the Golladay Expressway. • Upon motion made by Mr. Thomas and seconded by Mr. Rinker, 3082 • 4 BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the approval of the Preliminary Master Development Plan #014 -89 of Evans /Snyder with the following stipulations: 1) include the deceleration /acceleration lanes on Route 277; 2) include a left turn lane at the connection of the Golladay Expressway with Rt. 277; and 3) a re- evaluation be done on the pedestrian flow within the townhouse area and the single - family area. PUBLIC HEARINGS Rezoning Application #003 -90 of Reading Landscapes, Inc. to rezone 2.001 acres from RA (Rural Areas) to B2 (Business General) in the Gainesboro District. Action - Approved Mrs. Sherwood and Mr. Wilson abstained from discussion and vote on this rezoning due to a possible conflict of interest. Mr. Michael Bryan, attorney representing the applicant, gave some history regarding this establishment. He said that the Board of Supervisors did not look favorably on Reading Landscapes' original rezoning request due to concerns that B2 zoning allowed used car sales. The Planning Commission amended the zoning ordinance to allow landscape nurseries with retail sales in agricultural districts with a conditional use permit. Mr. Bryan noted that since that time, the Planning Commission has begun to accept proffers. He said that the applicant is now proffering that the property will not be used for auto dealerships, gasoline stations or car washes. Mr. Pulliam, resident on the south side of the property in question, said that he did not oppose the rezoning, however, he was concerned about the applicant dumping mulch and other landscaping materials towards the rear of the property. Mr. Pulliam requested that the Commission require the applicant to landscape their own property. Mr. Bryan said that the applicant would take care of the issue raised by Mr. Pulliam before the Board of Supervisors' hearing. Rinker, Upon motion made by Mr. McDonald and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does • recommend approval of Rezoning Application #003 -90 of Reading Landscapes, Inc. to rezone 2.001 acres from RA (Rural Areas) to B2 3083 0 5 (Business General). This property is located approximately 3.5 miles west of Winchester, fronting on the west side of Rt. 522, near Albin, in the Gainesboro District. The vote on this rezoning was: YES (TO APPROVE): Marker, Copenhaver, McDonald, Golladay, DeHaven, Romine, Rinker, Thomas ABSTAIN: Sherwood, Wilson Rezoning Application #012 -89 of Top of Virginia Development Corporation (Caleb Heights) to rezone 211.04 acres from RA (Rural Areas) to RP (Residential Performance) in the Stonewall District. Action - Approved The staff noted that the Historic Resources Advisory Board recommended that the Commission deny the rezoning request based on the local, state and national historical significance of the site. Mr. John Foot, attorney with the firm Hazel- Thomas, and Mr. Charles Maddox, project engineer with G. W. Clifford & Associates, were present to represent the applicant. Mr. Maddox presented the plan to the Commission. Some of the highlights of Mr. Maddox's presentation were: Approximately 40 -50 acres of the total 222 -acre site were located outside of the urban development area. The applicant shall dedicate right -of -way for a major collector roadway planned through the site from Route 661 south to Route 7; a local collector roadway, built by the applicant, is planned to tie into the major collector roadway; an interparcel collector roadway is planned from the southern edge of the property to Regency Lakes Drive; and property is being proffered for a potential park for the Third Battle of Winchester site. Mr. John Foot next gave his presentation and some of the highlights were: The applicant will phase the development of the project. Water quality of Redbud Run will be monitored and degradation caused by development will be the responsibility of the applicant. The applicant will provide a proffer which is worth $1,220,000 in actual cash dollars (on a per single - family home and per townhouse basis) for schools. The applicant proffers approximately $80,000 to the Clearbrook Fire Hall for fire and rescue services and equipment. Chairman Golladay called for citizens wishing to speak in favor of the rezoning and the following persons came forward: Mr. Carroll Brown, a resident of Lakewood Manor and a 3084 0 6 member of the Top of Virginia Building Association, felt that this was one of the best proposals he has seen because it addresses the historical significance of the property and is a good example of controlled development. Mr. Ronald Strosnider, resident of the Stonewall District, felt the developer had gone beyond the "call of duty" in that he had contributed monetarily and with property for public services. Ms. Corley Brown, resident of Frederick County, was in favor of the development because it would bring more tax revenue to the county. Chairman Golladay next called for citizens wishing to speak in opposition and the following persons came forward: Mr. Michael Kehoe, member of the Shenandoah Valley Civil War Foundation, presented a petition consisting of 1,500 signatures of persons throughout the country who were in opposition to the rezoning. Mr. George Sempeles, resident of Stonewall District and member of the Top of Virginia Building Association, felt that the battlefield should be left undisturbed; he felt that the traffic plan was flawed; he felt that the cash for schools should be adjusted for inflation; and he felt the development was in the wrong place at the wrong time. Ms. Claudia Bean, President of Citizens for a Quality Community (CQC) , read articles from local newsletters concerning the amounts of money that could be received through tourism. She said that CQC felt that: The battleground needed to be preserved/ protected and that the county should move towards the eventual acquisition of the property to establish a park; that the proposed 600 homes would put too much of a burden on the school system; that the burden of payment from impacts would be on the citizens of Frederick County; that the development would add traffic to an already overburdened /unsafe Berryville Avenue /Route 7 corridor; and, that additional roads would open up areas outside of the urban development area. Mr. Butch Fravel, resident of Stephens City, read articles from local sources concerning attitudes about tourism in Virginia and how tourism could benefit the county's economy. He said that tourist dollars were "clean dollars" in that they did not cause pollution or problems; that the amount of money proffered by the applicant would not be sufficient to cover the expenses for county services that would be needed by the additional homes, especially if schools were factored into the expenses; and, he felt • this rezoning was contrary to the county's adopted Comprehensive Plan, especially the sections dealing with properties of historical K • 7 significance. Dr. Stanley M. Hershberg, resident of Frederick County and member of the Board of Directors of the Cedar Creek Battlefield Foundation, felt that the best solution was to buy the historical property from Mr. Holliday and that the site should be promoted for tourism. Mr. Manuel Sempeles, resident of Stonewall District, was concerned about the ecology of the area. He said the Redbud stream was the only stream in Frederick County that he knew of that produced its own trout. He felt that once development took place, wildlife and aquatic life would become endangered. Mr. Sempeles suggested that the County purchase the property for its administrative complex and preserve the battlefield. Mr. Wilson Green, Executive Director for the Association for the Preservation of Civil War Sites said that there is every indication that there will be legislation and appropriations this year to create a Shenandoah valley Civil War Sites Study Commission. He said that the Third Battle of Winchester will be one of the areas studied for inclusion in a National Battlefield Park. Mr. Green felt that the proffers offered by the applicant were not sufficient. Mr. Wayne Sieple, adjoining property owner, felt that the proposed development would change the rural character of the area. He was also concerned about endangering the aquatic life in the Red Bud stream. Mr. Frank Markwood, resident of Regency Heights, was concerned that the road from Route 7 to Regency Heights might not be accepted into the State's Secondary Road System. He was also concerned about the additional traffic that would be generated by the proposed development. Ms. Pat Gochenour, a teacher in the Winchester Public School System and resident of Frederick County, was concerned about overcrowding of the schools. Ms. Gochenour read letters from students in her 7th Grade Social Studies class who felt the battlefield area should be preserved. Ms. Barbara Thomas, resident of Frederick County, inquired about the specific number of acres being donated by the applicant and the number that may be donated by. adjoining property owners. She inquired if the county would use emminent domain to construct roads through adjoining properties. She also had reservations that Mr. Maddox, the applicant's engineer, also did the county's transportation study. t Ms. Jan Kirby, adjoining property owner, was concerned about precedent setting for further development in this area, Ri1R7:7 • 8 increased traffic and overcrowding of the schools. Mr. Roger DeLaughter, President of the Civil War Foundation, thought the idea of combining land from three separate parcels for preservation of the civil war site was a good one, however, he didn't feel the other property owners could be counted on to donate land. He said that the Civil War Foundation also had problems with the proposed four -lane highway running through the middle of the 64 acres donated by the applicant. He felt that the National Civil War Foundation would not accept this site under these conditions. Ms. Beth Fravel, a senior at James Wood High School, asked that the battlefield be preserved. Mr. Thomas moved to include in the minutes five letters that he received in support of the development. This motion was seconded by Mr. McDonald and unanimously passed. (letters attached at end of minutes) A discussion ensued among the Planning Commissioners and some of the points raised were: 1) The developer had made a fair attempt at subsidizing the costs of impacts of the development for the construction of schools, rescue squads, transportation, etc.; 2) a historical park for the battlefield is being donated to the county which, at the present time, the county does not own and there is no way to get to it unless you trespass on someone else's property; 3) the rezoning of this land may set a precedent for future rezonings in this area; 4) there are no guarantees that adjoining property owners will also donate land for the battlefield; 5) a portion of this development is outside of the urban development area; 6) the county taxpayers may have to bear the burden of maintaining the donated land for the battlefield; 7) that rezoning of this project may be premature because of concerns about whether the county should become involved in emminent domain; 8) under the current zoning ordinance, this property could be developed in five -acre tracts, including the battlefield; 9) the proper time for payment of proffers should be at the subdivision stage rather than the building permit stage; and, 10) was the proposal in conformance with the comprehensive plan. Mr. DeHaven moved and Mr. Romine seconded the motion to recommend approval of the rezoning with the revised proffers and with the recommendation that the Commission had concerns about specific proffers that they felt the applicant should address before consideration by the Board of Supervisors; and if the concerns were not addressed, the Board should consider that fact during their deliberations. YES (TO APPROVE): McDonald, DeHaven, Romine, Thomas NO: Marker, Copenhaver, Sherwood, Golladay, Wilson, Rinker 3087 0 9 Mr. Wilson moved and Mr. Rinker seconded the motion to table the request until the Commission's next meeting. YES (TO APPROVE): Wilson, Golladay, Sherwood, Copenhaver, Marker NO: Thomas, Rinker, Romine, DeHaven, McDonald Mr. Thomas moved and Mr. Romine seconded the motion to recommend approval of the rezoning with the revised proffers and that the Commission's concerns on specific proffers be relayed to the Board of Supervisors by the staff. YES (TO APPROVE) Copenhaver, McDonald, DeHaven, Romine, Thomas, Golladay NO: Marker, Sherwood, Wilson, Rinker, PREAPPLICATION DISCUSSION ON BUCKLEY -LAGES INDUSTRIAL PARK MASTER DEVELOPMENT PLAN Mr. Francis Carson of Patton, Harris, Rust & Associates had a preapplication discussion with the Planning Commission to discuss a proposed industrial park on the Carroll property, located east of Route 81 and north of the Route 81 and 11 interchange. No further business remained to be discussed and the meeting adjourned at 11:45 p.m. by unanimous vote. Respectfully submitted, .I Robe W. Watkins,/ Secr ta'y 71;1,; (W,/ d /� James W. Golla ay, J Chairman f • E::