PC_05-02-90_Meeting_Minutes•
MEETING MINUTES
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FREDERICK COUNTY PLANNING
Held in the Board Room of the Old Frederick County Court House in
Winchester, Virginia on May 2, 1990.
PRESENT: Planning Commissioners present were: James W. Golladay,
Jr., Chairman; Beverly Sherwood, Vice - Chairman; Manuel
C. DeHaven, Stonewall District; John Marker, Back Creek
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; and Evan
Wyatt.
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 April 4, 1990. Upon motion made by Mr. Romine and
seconded by Mr. McDonald, the minutes of April 4, 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 Comprehensive Plan
Subcommittee had a joint worksession with the Board of Supervisors.
The Plan is advertised for public hearing for the Board's May 23
meeting.
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APPOINTMENT OF LIAISON TO THE CITY PLANNING COMMISSION
Chairman Golladay appointed Mr. Roger Thomas as the
County's liaison to the Winchester City Planning Commission.
PROPOSED DEVELOPMENT REVIEW FEES
Mr. Watkins presented revised development review fees as
recommended by the Ordinance Subcommittee. Mr. Watkins noted that
the primary purpose of the change in fees is to eliminate open -
ended engineering costs. He said that builders and developers have
expressed the concern that they cannot predict and budget for fees
under the current fee structure. Mr. Watkins noted that the
proposed fees involve an increase in the base fee of approximately
20 % -30 %. The commissioners were in favor of the revisions and
Chairman Golladay instructed the staff to advertise them for public
hearing.
CITIZEN COMMENTS
Mr. Al Shirley was present to speak on behalf of himself
and Mr. Douglas O. Grimm, property owner on the south side of
Redbud Run, opposite the Stonewall Industrial Park. Mr. Shirley
said that spillways are being cut in the Stonewall Industrial Park
for dumping into Redbud Run. He said that severe erosion is taking
place on the property he is leasing from Mr.`Grimm and measures
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need to b taken to correct the problem. Mr. Shirley' was concerned
that Redbud Run would overflow and adjoining properties would be
flooded. It was decided that Mr. Stiles and Mr. Miller would meet
Mr. Shirley at the property to look over the situation.
PROPOSED GRADING REQUIREMENTS
The staff presented proposed amendments to the
subdivision ordinance concerning grading plan requirements. The
purpose of the amendments was to insure that drainage issues were
adequately addressed on residential lots. No action was taken by
the Planning Commission at this time.
PUBLIC HEARINGS
• Rezoning Application #009 -90 of Loggia Development/ Twin Lakes to
rezone with proffers 5.1 acres from RA (Rural Areas) to B -2
(Business General) and 391.35 acres from RA (Rural Areas) to RP
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(Residential Performance) for single - family detached homes, �-
townhouses, a school site and commercial uses in the Shawnee
District.
Action - Tabled
Mr. Charlie Whitley of Loggia Development presented the
plan to the Commission. Mr. Whitley explained that they have
purchased property from Senseny Road to the Service Authority's
property at Route 7 in order to establish a north -south connector
to relieve the existing traffic problem on Senseny Road. Mr.
Whitley noted that they hope to establish a "land trade" with the
Service Authority in order to complete the connection from Senseny
Road to Route 7.
The Commission felt the entire connector road should be
in place from Senseny Road to Route 7 at the very start of the
project. There was also discussion on the timing for payment of
proffers and whether they should be paid at the building permit
stage or subdivision stage. The Commissioners also discussed with
the applicant the possibility of beginning the first phase of
development near Route 7 rather than Senseny Road.
Charles Maddox, engineer with G. W. Clifford &
Associates, reviewed the engineering aspects of the development.
It was pointed out during discussion that at full build out of the
gravity service area, of which Twin Lakes is a part, the flow from
the Frederick County Sanitation Authority to the Opequon Regional
Wastewater Facility will exceed the 900,000 gallons per day
established limit for the County of Frederick.
Chairman Golladay called for citizen comments and the
following persons came forward to speak in opposition:
Mr. Donald Richardson, spokesman for the Citizens for a
Quality Community, felt that construction of this site should take
place from Route 7 and not Senseny Road, due to the existing
traffic problems on Senseny Road.
Mrs. Teresa Bowers, adjoining property owner, had
concerns about the existing traffic problems on Senseny Road.
Mr. Michael Putt, property owner in Bedford Village,
inquired about the completion of Route 37. Mr. Stiles pointed out
that the 37 bypass would not bring immediate relief to Senseny
Road. He said that the only way to solve the traffic problem on
Senseny was to have a Route 7 /Senseny Road connection as proposed
by this developer. It was noted that this connector Road would not
solely serve the residents of the proposed development, but would
• be a major secondary road.
Mr. Robert Schuette, resident of Bedford Village, had
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concerns about water drainage, sewage treatment, transportation,
schools and services to serve the additional residential
development, and density.
Mr. Whitley requested that the Commission table the
rezoning to allow time for him to meet with the Service Authority
to discuss land transactions in order to complete the Route 7/
Senseny Road connection.
Romine,
Upon motion made by Mr. Rinker and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission
unanimously agreed to table Rezoning Application #004 -90 of Loggia
Development /Twin Lakes until the applicant can resolve the Route
7 /Senseny Road connector issue.
Conditional Use Permit #005 -90 of Winchester Skating Center for an i
off - premise business sign to be located on the north side of Route
7, 1/4 mile east of I -81, in the Stonewall District.
Action - Approved
Mr. Roy Stein, President and property owner for the
Winchester Skating Center, said that the sign will help to identify
the entrance to the Skating Center. Mr. Stein said that this will
be a 4' X 6' illuminated sign and will be 20' high.
Upon motion made by Mr. DeHaven and seconded by Mr.
Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of Conditional Use Permit
#005 -90 of Winchester Skating Center for an off - premise business
sign to be located on the north side of Route 7, 1/4 mile east of
I =81, in the Stonewall District with the following conditions:
1) The sign shall meet all the requirements of height, size,
spacing and setbacks as listed in the Zoning Ordinance.
2) This permit shall be reviewed and renewed annually by the
staff, Planning Commission and Board of Supervisors.
3) The proposed sign shall meet the requirements of the Virginia
Department of Transportation.
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• Revocation of Conditional Use Permit #011 -89 of Richard L. and
Margaret D. Goodwin for a public garage with body repair located
on Route 50 at Hayfield in the Back Creek District.
Action - Approved
Staff noted that one of the conditions on the Goodwin
conditional use permit was that there be no exterior storage on the
property. Acting on complaints, the Goodwin's property was visited
on several occasions by the staff and was found to have in excess
of 25 inoperable vehicles. Staff noted that they had corresponded
and spoke with Mr. Goodwin on numerous occasions to rectify the
violation, but to no avail. Staff noted that the Goodwins were in
violation of Chapter 21, Article III, Section 3 -21 -3 of the
Frederick County Code in that they had more than five inoperable
vehicles on their property and those vehicles were not in an
enclosed building or screened from view as required.
Mr. Richard L. Goodwin, Sr. said that within the last 2
1/2 weeks, he has removed the inoperative vehicles and a 7' 8
fence has been erected to screen exterior storage.
Staff noted that there has been considerable improvement
in the property, however, there were still questions as to the
status of some remaining vehicles on the property.
Chairman Golladay requested that the two Planning
Commission representatives from the Back Creek District and the
staff meet with Mr. Goodwin on the property to determine the status
of remaining vehicles and report back to the full Planning
Commission at their June 6th meeting.
Upon motion made by Mr. Marker and seconded by Mr.
Rinker, the Planning Commission unanimously agreed to table
consideration of the revocation of Conditional Use Permit #011 -89
of Richard L. and Margaret D. Goodwin until the meeting of June 6,
1990.
RENEWAL OF THE SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT
FOR AN ADDITIONAL FIVE -YEAR PERIOD. BEGINNING MAY 22, 1990.
Staff noted that the Agricultural Advisory Board met on
March 27, 1990 and endorsed the renewal of the South Frederick
Agricultural and Forestal District for an additional five -year
period, beginning on May 22, 1990. Staff noted that the renewed
district consisted of approximately 13,560 acres.
• Dr. Gary DeOms, Frederick County Extension Agent, was
present to answer questions concerning the Agricultural District.
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Mr. Paul Anderson, a property owner within the
Agricultural District, said that a resolution was passed in
Richmond that a public hearing must be held before any public
utility, regardless of size, can go through an Agricultural
District.
Upon motion made by Mr. Romine and seconded by Mr.
Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of the renewal of the South
Frederick Agricultural and Forestal District for an additional five
year period, beginning May 22, 1990.
REVISED COMPREHENSIVE POLICY PLAN FOR FREDERICK COUNTY
The staff summarized the changes proposed for the 1990
Comprehensive Plan.
Mr. William Wright, property owner near the airport, was
in favor of the section in the Comprehensive Plan dealing with the
Airport Support Area.
Rinker,
Upon motion made by Mr. Thomas and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of the Revised Comprehensive Policy Plan
for Frederick County, Virginia concerning historic preservation,
population growth and housing, environmental protection, land use
and development, transportation, community facilities and services,
and parks and recreation.
PUBLIC MEETING - MASTER DEVELOPMENT PLAN
Preliminary Master Development Plan #004 -90 of Coventry Courts for _-
townhouses on 14.5240 acres, zoned RP, and located on Greenwood
Road (Route 656) in the Shawnee District. (This item was tabled
from the P.C.'s 4/18/90 meeting.)
Action - Tabled
Staff reported that this
Commission's last meeting on April 18,
main issue involved was the prov
• connection with Greenwood Road.
Mr. Thomas Davis, engineer
item was tabled from the
1990. It was noted that the
ision of a "through- road"
with Dove & Associates and
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representative for this master plan, said that they have
incorporated the connection with Greenwood Road through this
development as requested by the Commission; however, they do not
now meet the 15% slope requirement and the 25% woodland requirement
of the ordinance. Mr. Davis said that the applicant requested a
variance because some of the better land was being taken up by the
proposed road and also, he felt the road did not benefit his
property, but was needed for development of adjoining properties.
Chairman Golladay said that he had received letters of
opposition to this master plan from Kenneth G. Ashby, Brenda L.
Vance, Richard Kelly, Barbara and Richelle Keckley, Mr. and Mrs.
Willis J. Winslow, Betty J. Sluder, Julie Winslow, Mr. and Mrs.
Harold E. Knight, and Edith F. Knight. Upon motion made by Mr.
Wilson and seconded by Mrs. Sherwood, the letters were made a part
of the official record by unanimous vote. (letters at end of
minutes)
Staff reported that their review was incomplete because
the revised plan had just been received and not all review agency
comments were in.
Mrs. Betty Winslow, adjoining property owner, came
forward to speak in opposition to this master plan. Mrs. Winslow
had concerns about tree removal, water drainage, and traffic safety
due to the narrowness of Greenwood Road. Mrs. Winslow requested
that the Commission permit only single - family detached dwellings
in order for the development to be compatible with the established
neighborhood.
Mr. Harold Knight, adjoining property owner, was very
concerned about the traffic hazards on Senseny Road, water runoff
and the capacity of the sewage treatment plant to handle the
additional development.
Upon motion made by Mr. Wilson and seconded by Mr.
Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously agree to table Preliminary Master Development
Plan #004 -90 of Coventry Courts until all review agency comments
have been addressed and that the plan be redesigned for single -
family detached dwellings only.
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No further business remained to be discussed and the
meeting adjourned at 10:25 p.m. by unanimous vote.
Respectfully submitted,
Robert W. Watkins, Secretary
( Zo e G�
Jam s W. Golladay, fr./,"Chairman
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