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PC_08-01-90_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 August 1, 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. Winchester City Liaison: James Barnett Planning Staff present were: Robert W. Watkins, Secretary; 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 June 20, 1990. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of June 20, 1990 were unanimously approved as presented. BIMONTHLY REPORT Mr. Watkins noted that Mr. Timothy Youmans, Planning Director for the City of Winchester, has requested that the Commission review the Winchester Warehousing, Inc. site plan on a formal basis. This property immediately adjoins residential property in the City and they have concerns relating to buffers and drainage. CITIZEN COMMENTS Mr. and Mrs. Louis Hoover, residents of Stephens City, had complaints about the church construction (Abundant Life Christian Center) on Route 647, adjacent to their home. Mr. and • Mrs. Hoover were concerned that their property and home would be flooded because the church has directed two drainage pipes towards their home and have moved considerable amount of earth. It was 3156 MEETING MINUTES • OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on August 1, 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. Winchester City Liaison: James Barnett _Planning Staff present were: Robert W. Watkins, Secretary; 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 June 20, 1990. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of June 20, 1990 were unanimously approved as presented. BIMONTHLY REPORT Mr. Watkins noted that Mr. Timothy Youmans, Planning Director for the City of Winchester, has requested that the Commission review the Winchester Warehousing, Inc. site plan on a formal basis. This property immediately adjoins residential property in the City and they have concerns relating to buffers and drainage. CITIZEN COMMENTS Mr. and Mrs. Louis Hoover, residents of Stephens City, had complaints about the church construction (Abundant Life Christian Center) on Route 647, adjacent to their home. Mr. and Mrs. Hoover were concerned that their property and home would be ® flooded because the church has directed two drainage pipes towards their home and have moved considerable amount of earth. It was 3157 2 • noted that the staff had arranged for the county's engineer to visit the site the next day. SUBDIVISIONS Subdivision application of Plymn Owen Estates, Section 2, to subdivide a portion of Lot D into three lots for commercial development in the Opequon District (This item tabled from 7/18/90). Action - Approved Mrs. Sherwood abstained from discussion and vote, due to a possible conflict of interest. Staff noted that this item was tabled from the Commission's previous meeting in order for the applicant to work out the possibility of having shared entrances onto Route 277 for the lots proposed. The applicant was also requested to contact VDOT concerning dedication of right -of -way for widening of Route 277. Staff said that the 35mph speed limit from I -81 to 641 would permit a minimum of 150 between entrances on Route 277 and this would allow the applicant two entrances onto Route 277. Mr. Richard Pifer, a partner in Braddock Partnership, owners of the property, proposed two entrances - -one entrance to be shared by two lots with the third lot having its own entrance. Mr. Pifer said that he will also dedicate a 10' right -of -way along the front of the property for widening of Route 277. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the subdivision application of Plymn Owen Estates, Section 2, to subdivide a portion of Lot D into three lots for commercial development with a maximum of two entrances onto Route 277 and a 10' right -of -way dedication shown on the plat for Board of Supervisors submittal. This property is located on the north side of Route 277 in the Opequon District. (NOTE: Mrs. Sherwood abstained from voting.) 3158 • 3 Subdivision request for Lake Holiday Estates (The Summit), Section 4B, 12 acres, for 16 lots for single - family detached dwellings in the Gainesboro District. Action - Approved Mr. Carl McDonald abstained from discussion and vote due to a possible conflict of interest. Staff noted that this development predates the master development plan requirement. The map used in the original planning of Lake Holiday Estates designated this area as "future development" area. All lots have access to roads and will be provided with sewer and water. Mr. Carl Simms, President of The Summit /Lake Holiday, said that the lots in question were acquired by The Summit /Lake Holiday years ago by foreclosure. He said that the lots proposed are larger in size than the lots already platted. He added that money received from the sale of the lots will go to the utility company to extend water and sewer to the rest of the development. Chairman Golladay said that on the application form, the section asking for the names of all owners, principles and /or stock holders was not filled in and he asked if this was an oversight. Mr. Simms said that the utility company is owned by Lake Holiday Country Club, which is a property owners association. Upon motion made by Mr. Rinker and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the subdivision request for Lake Holiday Estates (The Summit), Section 4B, for lots 1 through 16, for single - family development. This property is located off Route 701 in the Gainesboro District. (Note: Mr. Carl McDonald abstained from voting.) Subdivision Application of Lake Holiday Estates (The Summit), Section 1A, for 12 lots for single - family detached dwellings in the Gainesboro District. Action - Approved Mr. Carl McDonald said that he would abstain from discussion and vote due to a possible conflict of interest. • Staff noted, as with the previous subdivision, that this predates the master development requirements. The original 3159 • development plans designates this area for future development. All lots have roads and access to sewer and water. Mr. Carl Simms, the President of The Summit /Lake Holiday, said that these lots are along a hard surface road, have water and sewer, and electricity. He said the lots were acquired in the same manner as the previous application. Rinker, Upon motion made by Mr. Romine and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the subdivision request for Lake Holiday Estates (The Summit), Section 1A, for lots 1 through 12, for single - family detached dwellings. This property is located off Route 701 in the Gainesboro District. (NOTE: Mr. McDonald abstained from voting.) PUBLIC HEARINGS Rezoning Application #004 -90 of Twin Lakes /Loggia Development Company to rezone 5.1± acres from RA (Rural Areas) to B2 (Business General) and 391.35± acres from RA (Rural Areas) to RP (Residential Performance) for detached single - family dwellings, townhouses, a school site, and commercial uses in the Shawnee District. Action - Tabled until September 5, 1990 Mr. Charles Whitley, of Loggia Development Corporation, addressed some of the issues of concern from the last public hearing. One of the issues was the number of units delivered onto Senseny Road prior to making a road connection from Senseny Road through to Route 7. Mr. Whitley said that they had previously asked for 260 units to be delivered onto Senseny Road prior to making the connection. He said that at this point in time, they have scaled that back to 180 units. The other issue of concern was the impact on the Greenwood Fire Company and they have increased proffers to add a $50 /lot contribution to the fire company. He also increased the education proffer from $800 to $1,000 /townhouse unit, and $1,200 to $1,400 /single family unit. Mr. Charles W. Maddox Jr. project engineer with G Clifford & connection process of location of Maddox said connection in time. Associates, Inc., commented on the status of the from Senseny to Route 7. He said that they are in meeting with the service authority regarding the treatment plant lot locations and roads . W. road the the Mr . that they will be successful in completing the road and it is only a matter of design issues at this point 3160 F - 1 L 5 Mr. Thomas wanted to see a commitment on the developer's part as far as using curb, gutter and sidewalks throughout the development. There was also some concern about the wording on the proffer statement concerning the stage of development that the road would be built. Chairman Golladay called for public comment and the following people came forward to speak in opposition to the rezoning: Mr. William Schuller, President of Greenwood Volunteer Fire Company, felt that the amount of money proffered by the applicant towards the fire company was not sufficient to take care of fire protection needs. Ms. Claudia Bean, President of the Citizens for a Quality Community, said that CQC has concerns about the traffic situation on Senseny Road. She said that if this development is approved, the CQC requests that Senseny Road be moved up on the list for road improvements. Mr. John Doherty, resident of Rolling Fields Subdivision, was also concerned about the traffic situation on Senseny Road. Chairman Golladay read a letter from Mr. Maddox requesting that the rezoning be tabled until September 5, 1990 in order to gather additional information. DeHaven, Upon motion made by Mr. Wilson and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Application #004 -90 of Twin Lakes /Loggia Development until their meeting of September 5, 1990 in order to allow time for the applicant to gather additional information. Rezoning Application #006 -90 of Kathryn M. Perry to rezone 56.386 acres from RA (Rural Areas) to B2 (Business General); 2.251 acres from RA (Rural Areas) to M1 (Industrial Limited); and 1.489 acres from M1 (Industrial Limited) to B2 (Business General) for retail and /or office /commercial uses in the Shawnee District. Action - Approved Mr. Wilson abstained from discussion and vote due to a ® possible conflict of interest. Staff noted that revised proffers had been submitted to 3161 6 • reflect comments made by the Commission at their last meeting. .Chairman Golladay called for public comment and the following persons came forward to speak in opposition: Mr. William Schuller, of Greenwood Fire Company, presented some figures on the cost of fire protection for an industrial area. Mr. Lonnie Johns, property owner, wanted to know the exact location of the proposed 2.251 acres of industrial zoning. Upon motion made by Mr. Romine and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application #006 -90 of Kathryn M. Perry to rezone 56.386 acres from RA (Rural Areas) to B2 (Business General); 2.251 acres from RA (Rural Areas) to M1 (Industrial Limited); and 1.489 acres from Ml (Industrial Limited) to B2 (Business General) for retail and /or office /commercial uses. This property is located approximately 2.5 miles southeast of Winchester on Route 50 in the Shawnee District. (Note: Mr. Wilson abstained from voting.) Rezoning Application # 007 -90 of Rex L. Wakeman to rezone 10 acres (two five -acre parcels) from RP (Residential Performance) to B1 (Neighborhood Business) for business /retail use to be located on the north side of route 642, just west of the proposed Golladay Road, and the south side of the Wakeman - Artrip property line just east of the proposed Golladay Road, in the Shawnee District. Action - Tabled until October 3, 1990 Staff raised the concern of whether the acreage of the proposal was too large for the area served. It was the opinion of the staff that a B1 site located this far from an arterial highway should probably not contain more than five acres. No proffers were submitted. Mr. Rex Wakeman, the applicant, was present to answer questions from the Commission. Commissioners noted that the exact location of the proposed B1 Zoning could not be determined until the route for the Golladay Road was finalized. • Chairman Golladay called for public comment and the following person came forward to speak in favor of the rezoning: 3162 c. 7 • Mr. John Finchum, resident of Lakewood Manor, spoke in favor of the B1 Zoning because of the convenience of having stores nearby. The following people came forward to speak in opposition to the rezoning: Mr. Russell Miller, adjoining property owner, was opposed because he felt the rezoning would change the residential character of the neighborhood. He pointed out that stores were already located nearby - -there was a 7/11 store located 1.5 mile down Route 647 and a Jamesway and Food Lion were about 2 miles away. Mr. Miller was also concerned about the traffic congestion. Mr. Leon Peters, resident of the area, was opposed to the rezoning for the same reasons stated by Mr. Miller. Ms. Irene Graham, resident of the area, said that a petition was being circulated by people who were opposed to the neighborhood shopping center. Mr. Robert Edwards, resident of Wakeland Manor, wanted to know where the proposed Golladay Road was going to be constructed. Mr. Dick Harmiscn, resident of Wakeland Manor, felt there was a sufficient number of convenience stores in this locality and that more were not needed. Ms. Peggy Hunt, resident of Wakeland Manor, felt there was not a need for a neighborhood shopping center in this area. Mr. Yoder, resident of Wakeland Manor, was not in favor of rezoning until it was determined exactly where Golladay Road would be constructed. Ms. Kathy Ritter, resident of Wakeland Manor, felt there was sufficient existing shopping in this area and more was not needed. Mr. Herbert Hansen, resident of Wakeland Manor, felt the rezoning would change the residential character of the neighborhood. Mr. Hansen felt that business establishments should be kept on Route 277 and not on 642 in the residential area. Mr. Don Holliman, resident of Wakeland Manor, felt there was a bad traffic situation on Route 647 and Route 642. Mr. Holliman felt that putting a shopping center in the residential area would worsen the traffic situation on those roads. He said that there were enough shopping centers within two to three miles of Wakeland Manor and those were sufficient. 3163 0 Mr. Luther Stiles, resident of Wakeland Manor, felt the rezoning would change the residential character of the neighborhood, he was concerned about the traffic congestion on Route 642, and he felt there were a sufficient number of existing business services to serve Wakeland Manor within a two to five mile area. Mr. Walter Malinowski, resident of Wakeland Manor, felt the rezoning would change the residential character of the neighborhood. He also felt there was a sufficient amount of existing business services in the area. Mr. Donald Weaver, resident of Wakeland Manor, spoke in opposition to the B1 Zoning. Mr. James Kayes, resident of Wakeland Manor, spoke in opposition to the B1 Zoning. Ms. Pat Weaver, resident of Wakeland Manor, spoke highly of Mr. Wakeman as a builder, however, she was opposed to changing the zoning in this area. Ms. Barbara Hockenberry, resident of Wakeland Manor, was opposed to rezoning because it would change the residential character of the neighborhood. Planning Commissioner, Mr. Roger Thomas, felt that business zoning in this area was inappropriate, especially of the size proposed. He was in agreement with the residents that additional business services in the area were not needed. Mr. Thomas felt this was a residential area with a lot of pedestrian traffic. He noted that there were no sidewalks and people would have to drive to get to the business area. The Commissioners were concerned about the legality of rezoning this property because of the uncertainty of its location in relation to the proposed Golladay Road. They also felt that Mr. Wakeman needed to meet with the residents of the area to determine if one of the two areas proposed for business zoning would be suitable. In light of the preceding discussion, Mr. Wakeman requested that his application be tabled. Upon motion made by Mr. Wilson and seconded by Mr. Rinker, BE IT RESOLVED, That the Frederick County Planning Commission does ® hereby table Rezoning Application #007 -90 of Rex L. Wakeman to rezone 10 acres from RP (Residential Performance) to B1 (Neighborhood Business) until October 3, 1990, at the applicant's 3164 • request. 9 Conditional Use Permit #011 -90 of Allen E. Rogers for a landscaping contracting business. This property is located on Route 620, off Route 622 South, in the Back Creek District. Action - Approved Mr. Allen Rogers, the applicant, said that he will be building a residence at this location as soon as they receive their Health permit. Thomas, Upon motion made by Mr. Marker and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #011 -90 of Allen E. Rogers for a landscaping contracting business to be located on Route 620, off Route 622 South, in the Back Creek District, with the following conditions: 1. This is a one -year permit to be reviewed and renewed annually by the staff, the Planning Commission and the Board of Supervisors. 2. If the use, occupancy or ownership of the property changes, this permit shall expire. 3. This permit is subject to continued compliance with Virginia Department of Transportation entrance requirements. The entrance off of State Route 620 will not be used by customers and adequate off - street parking will be provided for employees. 4. The applicant will provide the Fire Marshal with an up -to -date description of the type, quantity and characteristics of pesticides and fertilizers being stored within one month of receiving an occupancy permit. Conditional Use Permit #012 -90 of Warren D. Golightly for a cottage occupation /tax accounting business. This property is located on Route 723 in the Shawnee District. Action - Approved Staff noted that this business has been carried on at this location for the past 14 years with no complaints from any neighbors. The applicant is not proposing any changes to 3165 • structures or activities. 10 Mr. Warren Golightly, the applicant, said that he spoke with the planning staff about another unrelated matter and upon discussing his tax accounting business, the staff brought to his attention that he needed a conditional use permit. He said that although the staff did not press the issue of obtaining a permit after all these years, it was important for him to legitimize his business. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #012 -90 of Warren D. Golightly for a cottage occupation /tax accounting business to be located on Route 723 in the Shawnee District with the following conditions: If the use or occupancy of the property changes, this conditional use permit shall expire. This permit is subject to continued compliance with Virginia Department of Transportation entrance requirements. An amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article IX Business and Industrial Zoning Districts, Section 9 -1, District Use Regulations, to allow car washes in the B1 (Neighborhood Business) Zoning District. Action - Denied Staff noted that a request was received to allow car washes in the B1 District. Staff said that the Ordinance Subcommittee discussed the request and was not in favor of allowing car washes in the Neighborhood Business District. They felt that because of the type of activities and hours of operation associated with such a use, car washes would not be compatible with residential neighborhoods. The commissioners were also not in favor of car washes in this district because of the lights, water runoff, traffic, etc. Upon motion made by Mr. Thomas and seconded by Mrs. Sherwood, BE IT RESOLVED, That the Frederick County Planning Commission does • hereby unanimously recommend denial of the amendment to the Frederick County Code, Chapter 21, Zoning, to allow car washes in the B1 (Neighborhood Business) Zoning District. 3166 i 11 DISCUSSION ON STORM WATER MANAGEMENT DETENTION FACILITIES Staff noted that an increasing number of storm water detention facilities are being used in various developments to manage storm water runoff and these facilities will undoubtedly require maintenance in the future. Staff said that the Virginia Department of Transportation is requesting an agreement between themselves and the county to absolve themselves from any maintenance responsibility for storm water detention facilities before they will take the streets in the development into the secondary system. The Commission felt that the wording of the agreement was unacceptable. They felt that the cost burden would be staggering. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of the storm water management agreement based on the implications of the open -ended cost and suggest that the Board attempt to work out a more amenable solution with the Virginia Department of Transportation. DISCUSSION OF REVIEW FEE AMENDMENTS Staff presented an adopted fee schedule that would reduce the fee for very minor site plans and subdivisions that do not need to be reviewed by the county engineer. Chairman Golladay instructed the staff to proceed with advertising of the amendment. JOINT RESOLUTION BY THE PLANNING COMMISSION AND BOARD OF SUPERVISORS TO THE CITY OF WINCHESTER REGARDING THE CITY'S COMPREHENSIVE REZONING As requested by the Planning Commission at the last worksession, the staff presented a draft resolution to be sent to the Winchester Planning Commission proposing that Winchester provide the appropriate urban setting for higher density housing. • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the joint resolution to the City Planning Commission. (Resolution attached at end of 3167 Y • minutes.) ADJOURNMENT 12 No further business remained to be discussed and the meeting adjourned at 10:15 p.m. by unanimous vote. Respectfully submitted, J Robert W. Watkins, Secretary V, "7, 4't'o e V it &' � a Ja es W. Golladay, J Chairman 3168