PC_10-17-90_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 October 17, 1990.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman;
Beverly Sherwood, Vice - Chairman; John Marker, Back Creek District;
Manual C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District;
Marjorie H. Copenhaver, Citizen at Large; Douglas Rinker, Citizen at
Large; Roger L. Thomas, Citizen at Large; and Kenneth Y. Stiles, Board
Liaison.
Absent: Carl M. McDonald, Gainesboro District; George L. Romine,
Citizen at Large
Winchester City Liaison: Joseph Kalbach
Planning Staff taff present were: Robert W. Watkins, Secretary; W. Wayne
Miller, Zoning Administrator; Evan A. Wyatt, Planner II; and Lanny C.
Bise, II, Planner I
CALL TO ORDER /MINUTES
Chairman Golladay called the meeting to order at 7:00 p.m. The first order
of business was the consideration of the minutes of September 19, 1990. Upon motion
made by Mr. Wilson and seconded by Mrs. Copenhaver, the minutes of September 19,
1990 were unanimously approved as presented.
BIMONTHLY REPORT
information.
Chairman Golladay accepted the Bimonthly Report for the Commission's
COMMITTEE REPORTS
Comprehensive Plan Subcommittee - Mtg. of 106/90
• Mrs. Sherwood reported that the subcommittee reviewed population and
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housing trends in the area. They also informally reviewed some of the past requests for
inclusion in the urban development areas.
Rural Issues Subcommittee - 10/9/90 Mtg.
Mr. Wilson reported that representatives for the "Citizens for a Quality
Community" (CQC) and some local developers were in attendance. Slides were shown
in preparation for the upcoming public meetings on the Comprehensive Plan.
Ordinance Subcommittee - 10115190 Mtg.
Mr. Watkins said that the committee met with members of the "Top of
Virginia Building Association' to discuss the subdivision ordinance, which is currently
undergoing review.
Sanitation Authority
Mrs. Copenhaver reported that the Stephens City well drilling has been
completed and they are ready to start pumping. They awarded the contract for Stonewall
Water Storage Tank to Miller & Anderson in conjunction with a firm in Richmond. The
Sanitation Authority will begin advertising for bids for the Route 277 water line.
INTRODUCTION OF LANNY C. BISE, II, PLANNER I
Mr. Watkins introduced Mr. Lanny C. Bise, 11, who began work for the
Planning Department on October 1, 1990 as a Planner I.
CITIZEN COMMENTS
Mr. Ulysses Carriker came forward to speak in opposition to a carwash that
is proposed to be built on Route 647, next to the Sager property, which is behind his
property. Mr. Carriker said that he was not notified of any zoning change.
Staff noted that a site plan had not been formally submitted to the Planning
Department for review. Chairman Golladay asked that the site plan be brought before
• the Commission for approval.
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SITE PLANS
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Revised Site Plan #009 -90 of Abundant Life Christian Center for a church in the
Opequon Magisterial District.
Action - Approved
Chairman Golladay turned the chair over to Vice - Chairman Sherwood and
abstained for discussion and vote, due to a possible conflict of interest.
Mr. Wyatt said that the site plan was approved on May 18, 1990 and
construction is underway. He said that Abundant Life has submitteed a revised site plan
to exclude the double row of red cedar along the parking lot. Mr. Wyatt noted that the
zoning ordinance allows the Planning Commission to waive buffer requirements on the
property line when adjacent uses are the same.
Mr. Malcolm Van de Riet, Pastor of the Abundant Life Christian Center,
felt that since churches were permitted in residential zoning, nothing more should be
required of them than would be required from a residential use.
The commissioners were concerned about automobile headlights shining into
adjacent homes. The staff suggested a two -foot hedge instead of a full screen for the
property.
Upon motion made by Mr. Thomas and seconded by Mrs. Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Revised Site Plan #009 -90 of Abundant Life Christian Center with
the condition that the parking lot include landscaping that would protect adjoining
residences from automobile headlights. This property is located on the west side of
Route 647, opposite Frederick Road intersection, near Stephens City, in the Opequon
District.
(Mr. Golladay abstained.)
Site Plan #052 -90 of Winchester Warehousing for a warehouse /dry storage facility to be
located on the east side of Smithfield Avenue, adjacent to the City /County line at Green
in the Stonewall District.
Action - Approved
Mr. Wilson abstained from discussion and vote, due to a possible conflict
of interest.
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Mr. Wyatt reported that the applicant had received a variance to reduce
the required 100' full- screened buffer to a 50' full- screened buffer on the south, east and
west sides of the property. Mr. Wyatt noted concerns from the City of Winchester
regarding the fire lane within the buffer area, the potential effects of the proposed
grading adjoining the residential properties along Green Street, and the type of screening
to be used.
Mr. Scott Marsh, Engineer for G. W. Clifford & Associates, presented the
site plan to the Commission. Mr. Marsh pointed out that the existing entrance would
be utilized, there will be no vehicular traffic around the building; only one employee will
be available at the facility; no sewer facilities would be available - -the existing bathroom
in an adjacent building will be used; curb and gutter will be installed along Smithfield
Avenue and pavement widened by two feet.
Mr. Gary Chrisman, Winchester City Council member, presented a
resolution from the City. The three main concerns of the City were: 1) that a
connection with Fort Collier Road or adjacent Dominion Knolls be provided to allow
vehicle access from the county so that not every vehicle would need to use city streets
to get to the development; 2) Since the 100' buffer requirement was reduced by the
Board of Zoning Appeals, the fire lane should not be considered a part of the passive
buffer and the existing trees should be saved and also made a part of the buffer; 3) The
fence should be located north of the berm and trees as opposed to the south, to protect
the residences to the south.
Upon motion made by Mrs. Sherwood and seconded by Mr. Rinker, the
City's resolution was made a part of the official record, by unanimous vote. (resolution
at end of minutes)
Ms. Karma Crawford, resident of Green Street, suggested that a solid,
opaque wall be used as a screen between the warehouse and residences.
The Commissioners discussed the concerns raised by the City of Winchester.
It was decided that the security fence would be placed inside the tree buffer, if allowed
by the applicant's insurance carrier.
Mr. Rinker noted that during previous worksession discussions regarding this
plan, it was suggested that the existing Health Department entrance be moved off of
Smithfield Avenue and a "T- intersection" created to control traffic. Mr. Marsh responded
that the location of the Health Department's drainfield limited access to the property.
With regard to the City's concern about using city streets for access, Mr.
Stiles said that it may be possible to gain access to Fort Collier Road through the
temporary cul -de -sac at the northeastern end of this property; and if this was not
possible, when the site plan and subdivision plats are submitted for Dominion Knolls
and Hampton Chase, the commission could work with the developers to amend the
• master plans to provide a connection to this development.
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Upon motion made by Mr. DeHaven and seconded by Mr. Marker,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby
unanimously approve Site Plan #052 -90 of Winchester Warehousing for a warehouse on
the east side of Smithfield Avenue, adjacent to the City /County line at Green Street,
Stonewall Magisterial District, with buffering and the right -angle entrance installed
according to the staffs specifications.
YES (TO APPROVE): Marker, Copenhaver, Sherwood, Golladay, DeHaven, Wilson,
Thomas, Rinker
ABSTAIN: Wilson
Amended Conditional Use Permit #001 -86 of Mark and Cheryl Anderson for expansion
of the existing kennel per Site Plan #047 -90. This property is located on the north side
of Route 836 in Stephenson, Stonewall Magisterial District.
Action - Approved
Mrs. Cheryl Anderson, the applicant, described the expansion of the kennel
facilities to the Commission. Mrs. Anderson stated that the dogs would be completely
enclosed and she described the structure planned. She said that insulated ceiling tiles
and skylights would be used.
Chairman Golladay called for public comment and the following persons
came forward to speak in opposition:
Ms. Tina Bragg, neighbor to the Andersons, felt that increasing the number
of dogs would increase the intensity of noise from dogs and traffic; she was concerned
about the welfare of the dogs being restricted to indoor kennels; she said that the section
of the road owned by the state has not been maintained.
Mr. Eston Rudolph, neighbor to the Andersons, said that noise from
barking dogs has always been a problem.
There was some discussion regarding the adequacy of the road, and Mrs.
Anderson said that she would be willing to widen the road, if the neighbors would agree
to donate property.
It was generally felt that the proposed new facility would be an
improvement to the noise situation at the kennel. Mr. Stiles requested that the applicant
look into the possibility of using vermiculite insulation inside the blocks of the exterior
• walls before the Board of Supervisors meeting.
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval Amended Conditional Use Permit #001 -86 of Mark
and Cheryl Anderson with the following conditions:
1. If the use of the property changes, this conditional use permit shall expire and a new
conditional use permit will be required.
2. All animals will be locked inside at 9:00 p.m.
3. A site plan shall be submitted for review and approval, meeting the requirements of
the Zoning Ordinance.
4. Any expansion of buildings used for the kennel shall require a revised site plan to
be submitted for review and approval.
5. Any expansion of the buildings used for the kennel, consisting of more than 25% of
the floor area of the buildings shown on the site plan submitted with this application,
shall require a new or amended conditional use permit. Such a new or amended
conditional use permit shall be obtained following the procedures prescribed in the
Zoning Ordinance for a new conditional use permit.
Site Plan #047 -90 of Aberdeen Acres Kennel for expansion of the existing kennel to
include an office and enclosure of the dog kennel.
Action - Approved
Mrs. Cheryl Anderson, the applicant, was present to answer questions from
the Commission.
Upon motion made by Mr. DeHaven and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Site Plan Application #047 -90 of Aberdeen Acres Kennel for expansion of the
existing kennel to include an office and enclosure of a dog kennel contingent upon the
approval of the revised conditional use permit by the Board of Supervisors.
Subdivision Application of the Village at Sherando for 94 lots on 15.27 acres, zoned RP,
for townhouses. This property is located north and adjacent to State Route 277, east
of Stephens City and 1750'± east of State Route 641, in the Opequon District.
• Action - Approved
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Mr. Ronald Mislowski, project engineer with G. W. Clifford & Associates,
presented the plan to the Commission. Mr. Mislowski said that as a part of the site
plan, they intend to build Golladay Road from Route 277 to Fredericktowne Estates;
however, at this time, Mr. Snyder retains a life estate over a portion of the property.
Mr. Mislowski said that this portion of land is where Golladay Road is intended to go
through. He noted that until the life estate is vacated, they are providing a temporary
access road as shown on the plan around the life estate to Route 277. VDOT has
reviewed the alignment and their comments have been addressed.
The Commission had concerns about the temporary access road. They felt
that guarantees were needed to insure that the permanent road was constructed
regardless of the owner or how many years the life estate continued.
Upon motion made by Mr. Thomas and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the subdivision application of Village at Sherando for 94 lots on
15.27 acres for townhouses with the caveat that the staff retain a bond that will allow
the completion of the permanent entrance on Golladay Road.
(Mr. Wilson was not present for this vote.)
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned
at 9:00 p.m. by unanimous vote.
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
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THE COMMON COUNCIL
1, Pathi.cLa B. Ashby, CPeAk a6 the Common Counci.2, hereby ce ti.6y on .this tenth day
o6 OctobeA, 1990, .that the 6o towing te.so2uti.on is a t ue and exact copy o6 one and
the same unan.imou ty adopted by The Common Counci.0 o6 the City o6 W.incheb.teA, V.ing.in.ia,
assembted in aegutat session on the 9th day o6 OetobeA, 1990:
R E S O L U T I O N
WHEREAS, Frederick County has requested Subdivision and Site Plan Coinrents
from the City of Winchester for the Hampton Chase Development; and
WHEREAS, Hampton Chase is now proposed to contain 85 townhouses and 29
single - family detached zero lot homes with subdivision access limited to
Butler Avenue and Apple Street i=ediately north of Green Street; and
WHEREAS, it is in the interest of both jurisdictions to encourage a well -
planned street network which appropriately distributes traffic and provides
for improved emergency access; and
WHEREAS, the County Board of Zoning Appeals approved an industrial buffer
reduction adjacent to City single - family residences on the parcel immediately
C to the west between Smithfield Avenue and the Hampton Chase Development; and
WHEREAS, a Master Developrent Plan was approved for Hampton Chase showing
a right -of -way and stubbed street extending toward Smi thfield Avenue immd-
iately to the west of the intersection with Butler Avenue, which has since
been eliminated and replaced with a curved extension of Butler Avenue:
Nal, THEREFORE, BE IT RESOLVED by the Com on Council of the City of Win-
chester that the City hereby expresses the following .concerns regarding the
Hampton Chase and adjacent development:
1. A street connection should be pursued providing access to Fort
Collier Idbad from the subdivision, even if such access requires
County consideration of condemnation on the small sliver of
property precluding such connection;
2. As an alternative to a direct connection to Fort Collier Road, a
connection should be provided to the Dominion Knolls property
im ediately to the east, thereby providing access to streets
away from lower density residential - neighborhoods;
.3. The buffer reduction granted by the Frederick County Board of
Zoning Appeals for Winchester Warehousing should not have been
-granted so as to preclude or hamper the likelihood of a conned-
ticn from the Hampton Chase development as shown on the approved
1 "laster Develoom:nt Plan.
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U.i tnuz my hand and the b eat 0 5 the Uty 0 U.incchea.ten, V. Ag.in,i,a.
wA�AA _
Pats& -& B. Ashby
CeeAk ob the Common Counci.Z
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