PC_03-02-88_Meeting_MinutesMEETING MINUTES
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FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room in the Old Frederick County
Court House, 9 Court Square, Winchester, Virginia, on March 2, 1988.
PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman;
James W. Golladay, Jr., Vice - Chairman; Beverly Sherwood;
Marjorie H. Copenhaver; S. Blaine Wilson; Carl M. McDonald;
Manuel C. DeHaven; and Kenneth Y. Stiles
Also present were: Robert W. Watkins, Secretary;
Stephen M. Gyurisin, Advisory; and A. Bray Cockerill, Advisory
ABSENT: George L. Romine
CALL TO ORDER
Chairman Brumback called the meeting to order at 7:00 p.m. The
first order of business was the consideration of the minutes of February
17, 1987. Mr. Golladay and Mrs. Copenhaver made the following corrections:
Genstar instead of Senn -Star on page 2; Chris Spanos instead of Chris
Spates on page 5; and Doris Scheulen instead of Doris Shulan on page 6.
Upon motion made by Mr. Golladay and seconded by Mr. McDonald, the minutes
of February 17, 1988 were unanimously approved with the above noted
corrections.
BIMONTHLY REPORT
The staff and Planning Commission reviewed pending applications.
COMMITTEE REPORTS
Sanitation Authorit
Mrs. Copenhaver reported that at the Planning Commission's
worksession, the location of the Wrights Run line was discussed in relation
to the Comprehensive Plan. Also discussed was an agreement between the
Planning Commission and the Sanitation Authority regarding each group's
responsibilities to the other.
REQUEST BY SANITATION AUTHORITY TO DETERMINE IF THE PROPOSED WRIGHTS RUN/
PARKINS MILL INTERCEPTOR IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN
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Mr. Watkins said that the staff's recommendation was that the line
was in conformance with the Comprehensive Plan because it went through
areas designated in the plan as urban development areas. Mr. Watkins said
that an opinion was requested from the Commonwealth's Attorney, Mr.
Lawrence R. Ambrogi and he also felt that the proposed interceptor was in
conformance with the Comprehensive Plan. Mr. Ambrogi also felt that if the
line was put at this designated location, it would be difficult for the
Planning Commission to consider that area as being premature for
development.
Upon motion made by Mr. Golladay and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
recommend to the Board of Supervisors that the proposed Wrights Run /Parkins
Mill Interceptor is in conformance with the Frederick County Comprehensive
Plan.
The vote on this recommendation was:
YES: DeHaven, Golladay, Brumback, Sherwood, McDonald, Copenhaver
NO: Wilson
Mr. Stiles arrived at this point of the meeting.
SUBDIVISIONS
Final Subdivision Plat of Frank M. Funk, Zoned RP, 5.941 Acres, for the
subdivision of three single family traditional lots in the Opequon
District.
Action - Approved
The staff recommended approval with the master development plan
waived.
Mr. Frank Funk, applicant, said that he was retaining lots one and
two for his own use and selling the five -acre lot.
Upon motion made by Mr. Golladay and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Final Subdivision Plat of Frank M. Funk to sudivide
three single family traditional lots (5.941 acres). This property is
located on the west side of VA. Route 647, 0.95 miles north of VA. Route
277 in the Opequon Magisterial District.
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PUBLIC HEARINGS
Rezoning Request #001 -88 of ADD Partnership to rezone 200'acres from A -2
(Agricultural General) to RP (Residential Performance) in the Opequon
Magisterial District.
Action - Tabled
Mr. Wilson said that he would abstain from voting Ind discussion of
this item due to a possible conflict of interest.
Mr. Watkins said that the applicant originally requested that this
request come to the Planning Commission in April; however, since the
applicant,was ready considerably in advance of the deadline, it was
inadvertently advertised for March. Mr. Watkins said that the staff would
support the applicant's request to table consideration oft this rezoning
until April.
Chairman Brumback called for public comment, but n I o one came forward
to speak.
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Upon motion made by Mr. Golladay and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
table Rezoning Request #001 -88 of ADD Partnership. Thislproperty is
located at the intersection of Routes 642 and 636, just east of Stephens
City, in the Opequon Magisterial District.
The vote on this application was:
YES (TO TABLE): Copenhaver, McDonald, Stiles, Sherwood,lBrumback,
Golladay, DeHaven
ABSTAIN: Wilson
Rezoning Request #002 -88 of Blue Ridge Mobile Rome Park to rezone 27.9105
acres from A -1 (Agricultural Limited) to MH -1 (Mobile Home) to expand a
mobile home park in the Shawnee Magisterial District.
Action - Approval
Mr. Jerry Updike and Mr. Dewey Gillespie, the owners, were present
to answer questions. Mr. Updike said that they have 190 available sites in
the existing mobile home park and plan to have 35 additional sites with the
additional zoning. In regard to the fire company's comments that a second
means of egress and ingress is needed, Mr. Updike said that major insurance
companies in the area consider their mobile home park to be safer than
average in as much as they give their tenants a discount for insurance
premiums. He said that there are fire hydrants located throughout the park
and on the far eastern portion of the property, there is a 500,000 gallon
pond with hookups for the fire company. Mr. Updike added that a second
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park exit is being planned, however, it is still in the development stage.
Mr. Matt McHale, adjoining property owner, asked if the applicant
would be required to hook up to public sewer. Mr. McHale was concerned
about further pollution of Abrams Creek along Valley MilllRoad. Mr.
Watkins said that the applicant would be using the sewer line.
Upon motion made by Mr. Wilson and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Rezoning Request #002 -88 of Blue Ridge Mobile Home Park
to rezone 27.9105 acres from A -1 (Agricultural Limited) to MH -1 (Mobile
Home) to expand a mobile home park. This property is located two miles
east of Winchester on Route 7 in the Shawnee Magisterial District.
Rezoning Request #003 -88 of Shiho, Inc, to rezone 14 acres from A -2
(Agricultural General) to B -2 (Business General) and 77 acres from A -2
(Agricultural General) to RP (Residential Performance) in the Opequon and
Shawnee Districts.
Action - Approved
Mr. Charles Maddox and Mr. Scott Marsh of G. W. Clifford and
Associates were present to represent this application. Mr. Marsh gave a
presentation of the site.
Mr. Wilson asked who the principals of the development were and Mr.
Maddox said they were Mr. Dave Holliday and Mr. Ron Shickle.
Mr. Golladay asked about the lane serving several homes behind this
proposal located across from Lakeside. Mr. Maddox replied that the lane,
which runs along the southern boundary of this tract, would remain in
service.
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Mr. Stiles commented that there have been preliminary discussions on
upgrading Route 642 and the consensus was that rather than trying to widen
and straighten the turns in 642, it would be better to relocate the road
following the right -of -way along the southern border of the property and
go straight across to Macedonia Church Road. Mr. Stiles felt that when the
master development plan is submitted on this proposal, the Commission
should take this future road improvement into account. Mr. Maddox said
that they were willing to work with the Commission on this matter.
Mr. Turner Lutrell, resident along the lane discussed by the
Commission, was concerned about the protection of that right -of -way.
The Commission discussed the fact that this site was not located
within a designated urban development area in the Comprehensive Plan. The
staff pointed out that this site was located on the boundary and perhaps
not enough land was originally included in the urban development area. It
was noted that development on the boundary of an urban development area
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depended a great deal on the availability of sewer and water facilities.
It was also noted that the Shiho proposal would not be possible without the
upgrade of Lakeside and eventually, Parkins Mill.
There next ensued a discussion on whether the Parkins Mill plant
would exceed capacity before it was constructed. Mr. Watkins felt that the
Commission could not plan the urban development areas to include just
enough land for sewer capacity. He felt that if this was done, the area
planned would be exceeded very quickly. Mr. Watkins felt you could not
have everyone limited to two or three developments because of capacity.
Mr. Stiles concurred that if developments were limited, it would
artificially create value on lots owned by a certain group of people by
restricting others.
Upon motion made by Mr. Wilson and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the rezoning of 14 acres from A -2 (Agricultural General) to B -2
(Business General) and 77 acres from A -2 (Agricultural General) to RP
(Residential Performance) for a single - family residential community and a
strip center and office park. This property is located on the east side of
I -81, just south of the Kernstown exit, fronting on the east side of Route
642, in the Opequon and Shawnee Magisterial Districts.
The vote on this rezoning was:
YES (TO APPROVE): Copenhaver, McDonald, Stiles, Brumback, DeHaven, Wilson
NO: Sherwood, Golladay
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Conditional Use Permit #004 -88 of Joseph C. Smith for an adult convalescent
home for 25 residents in the Stonewall Magisterial District.
Action - Approved
Mr. Scott Smith and Mrs. Mitsy Signore, the son and daughter of Mr.
Joseph Smith, the property owner, were present to represent this
application. Mr. Smith said that they presently have a conditional use
permit to operate a convalescent home for up to 12 patients, but wish to
expand to a total of 25 patients.
Mr. DeHaven was concerned about the number of buildings at the front
of the lot, which was only 80.27 foot wide. Mrs. Signore said that the
architects, Hardwick & Associates, are designing the shape of the building
to allow access to the rear of the lot. She added that the garage and shed
will be removed and the new building will be attached with a breezeway to
the back entrance of the house.
Mrs. Signore said that the present facility is in the process of
being licensed for ambulatory patients only, however, the new facility will
have nonambulatory patients as well. She added that all codes will be met.
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Upon motion made by Mr. DeHaven and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #004 -88 of Joseph C. Smith for
an adult convalescent home located east of Route 7, one mile east of
Winchester, in the Stonewall Magisterial 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
conditional use permit will expire and a new conditional use permit will
be required.
3. A site plan as per Article 14 must be prepared and submitted for
administrative approval.
4. All relevant state agency approvals must be obtained and continuously
complied with.
Conditional Use Permit #005 -88 of Raymond E. Brill for a 'sand mine
operation above the mean grade level on 17.191 acres zoned A -1
(Agricultural Limited) in the Back Creek Magisterial District.
Action - Approved
Mr. Clinton R. Ritter, attorney representing Mr. Brill, presented a
petition from residents in the area who had no objections!
to the sand mine
operation. Mr. Ritter said that this will be a family run operation and
and Mr. Brill will be excavating and hauling only. He said that there will
be no crushing, washing or screening operations on the property. Chairman
Brumback called for public comment, but no one came forwacd to speak.
After some discussion, the Commissioners decided to add the
condition that there would be no rock crushing or sand washing on the site.
They also felt that since there would be no blasting, the 200 foot buffer
was excessive and a 100 foot buffer would be sufficient. The Commission
also felt that a two-year permit would be more appropriate, as it would
take Mr. Brill some money and time to get started with the operation. A
condition limiting operations to daylight hours and no Sundays was also
added.
Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #005 -88 of Raymond R. Brill for
a sand mine operation above the mean grade level on 17.191 acres zoned A -1
(Agricultural Limited) located on Route 603, Star Tannery, west of Route 55
and north of Route 600, in the Back Creek Magisterial District with the
following conditions:
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1. This is a two -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
conditional use permit shall expire and a new conditional use permit
will be required.
3. The mining operations shall meet all requirements of the Virginia
Division of Mineral Mining.
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4. The mining operations shall meet the landscaping and screening
performance standards, supplementary regulations, height area and bulk
regulations, and site plan requirements contained in the requirements
for the EM (Extractive Manufacturing) District.
5. The EM site plan shall be reviewed and approved administratively by the
staff.
6. Mining shall be limited to the 17.191 acre area described on the plat
provided.
7. No mining excavation shall occur within 100 feet of the boudaries of
adjoining properties not owned by the applicant or within 100 feet of
Gravel Springs Run.
8. There shall be no crushing of rock or washing of sand on the site.
9. Daylight hours of operation only. No Sunday operations.
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Conditional Use Permit #006 -88 of Gary Ray Hunt to re- establish a
nonconforming use /motorcycle repair and sales, zoned A -1,1in the Back Creek
Magisterial District.
Action - Approved
Mrs. Copenhaver stated that she would abstain from voting and
discussion on this application, due to a possible conflict of interest.
Mr. Watkins said that this property was previously discussed for the
Michael Mehas rezoning. He said that it contains an existing building,
formerly used as a restaurant. Mr. Watkins said that the applicant
proposes to use the site for motorcycle repair and sales. Mr. Watkins said
that when a nonconforming use has been discontinued for over one year, a
conditional use permit may be granted to re- establish an equal or less
nonconforming use. He said that the primary issue with this request is
determining whether the proposed motorcycle repair and sales is an equal or
less nonconforming use than a restaurant.
Mr. Gary Ray Hunt, applicant and owner of the property, felt that a
motorcycle sales operation produced less traffic and did not have peak
hours of operation similar to a restaurant. Mr. Hunt said that all
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operations of the motorcycle sales will be contained within the building.
Mr. McDonald asked if Mr. Hunt would be living on the property and
Mr. Hunt replied that his brother would be residing on the premises. Mr.
McDonald asked about the two driveways, as he was concerned about the site
distance on the curve of the lower driveway. Mr. Hunt said that they
planned to close the lower entrance with concrete bunker sI
Mr. Arthur Smith, resident in Back Creek, spoke in of the
conditional use permit. Mr. Smith felt the intensity of use would be the
same as a restaurant.
Mr. Terry Oates also felt the intensity of the motorcycle sales use
would be the same or less than a restaurant and he was in favor of the
operation.
Upon motion made by Mr. Stiles and seconded by Mrs. Sherwood,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #006 -88 of Gary Ray Hunt to re-
establish a nonconforming use /motorcycle repair and sales, located on the
east side of Route 50 West, one mile east of Gore and approximately eight
miles west of Route 37 in the Back Creek Magisterial 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
conditional use permit will expire and a new conditional use permit will
be required.
3. A site plan as per Article 14 must be prepared and submitted for
administrative approval.
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4. All sales activities, repair activities, and storage shall occur within
the building.
5. The western -most entrance to the site must be closed.
ORDINANCE AMENDMENTS
Upon motion made by Mr. Stiles and seconded Mr. Golladay,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby
unanimously approve an o to amen th e F County Code
Chapter 21, Zoning, Article I, Amendments to Chapter, to codif the
r equirement that rezoning requests denied shall not be resubmitted for one
year and other changes to make the amendment section more clearly reflect
the Virginia Code, as follows:'
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1 -5 AMENDMENTS TO CHAPTER
1 -5 -1 The regulations, restrictions and boundaries established in
this chapter may, from time to time, be amended,
supplemented, changed, modified, or repealed by the
board. Any such amendment may be initiated,by one of the
following methods:
By resolution of the Board of Supervisors,
By motion of the Planning Commission, or
By petition of the owner, contract purchases with owner's
consent, or by the owner's agent for the property which is
the subject of a proposed rezoning.
1 -5 -1.1 Petitions for rezonings shall be filed with the Zoning
Administrator. Such requests shall be on a standard form
provided for this purpose. Such petition shall include an
adequate survey or other legal description of the land area
to be rezoned.
1 -5 -1.2 Every petition or application or reapplication for rezoning
shall be accompanied by a fee in the amount of one hundred
dollars plus one dollar per acre to cover the costs of
advertising and other expenses connected with the processing
of a petition or application or reapplication. Every
application or reapplication for rezoning shall be signed by
the landowner and applicant (if the applicant is not the
landowner).
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1 -5 -1.3 Every application shall include proof that all property taxes
due and payable to the County are paid and that no delinquent
taxes are outstanding.
1 -5 -1.4 At the time of application to amend this chapter the
applicant shall post on the properties for which rezoning is
sought, a sign thirty -six inches by forty -eight inches with
full information on the change sought and the date, time, and
place of the hearings at least seven days before the hearing.
Such sign shall be placed at the property line and be
maintained so as to be legible until the date of the
hearings.
1 -5 -2 The Planning Commission shall hold at least one public
hearing on such proposed amendment after notice as required
by section 15.1 -431 of the Code of Virginia and may make
appropriate changes in the proposed amendment as a result of
such hearing. Upon the completion of its work, the
Commission shall present the proposed amendment to the Board
together with its recommendations and appropriate explanatory
materials to the Board of Supervisors. The Planning
Commission shall present its recommendations to the Board
within ninety days after the first Commission meeting
following the referral of the amendment to the Commission.
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1 -5 -3 Before approving and adopting any amendment, the Board shall
hold at least one public hearing thereon, pursuant to public
notice as required by section 15.1 -431 of the Code of
Virginia, after which the Board may make appropriate changes
or corrections in the proposed amendment; provided, however,
that no additional land may be zoned to a different
classification than was contained in the public notice
without an additional public hearing after notice required by
section 15.1 -431 of the Code of Virginia. An affirmative
vote'of a majority of the members of the Board shall be
required to amend this chapter. The Board shall act on such
petitions within twelve months of the time when the petition
was received by the Zoning Administrator.
1 -5 -4 Should a request for a rezoning be disapproved by the Board
of Supervisors, at least twelve months shall elapse before
another application for rezoning of the same land to the same
zoning district designation shall be considered.
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FINAL MASTER DEVELOPMENT PLANS
Final Master Development Plan #007 -87 of Fort Braddock Heights, Zoned RP,
8.86 Acres, for single family detached lots in the Gainesboro District.
Action - Approved
Mr. Edward Dove, applicant and President of Dove SlAssociates, the
firm doing the engineering work on this plan, came forward to present the
final master plan to the Commission. Mr. Dove said that the final plan
conformed with the preliminary plan with the exception of�lot sizes being
increased from 8,000 square feet to 10,000 square feet minimum and the
number of lots being decreased from 32 to 28.
Some Commissioners were concerned that the right -of -way to the open
area was only 10 feet. Mr. Dove had no problems wideninglit to 20 feet.
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Mr. Golladay asked Mr. Dove if the homeowners association would hold
title to the open space. Mr. Dove said that he spoke with the staff about
the possibility of arranging a maintenance agreement with�Mr. Solenberger,
an adjoining property owner, for the open space, thereby eliminating the
homeowners association. Mr. Watkins explained that the homeowners would
not own the open space and the arrangement would be similar to an open
space easement; however, further study on the arrangement would be needed.
The Commissioners were not in favor of an arrangement whereby homeowners
had access to the open space, but would not have the authority to police or
regulate it. Mr. Dove had no problems establishing the usual homeowners
association for this subdivision, if desired by the Commission.
Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
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unanimously approve Final Master Development Plan #007 -87 of Fort Braddock
Heights, Zoned RP, 8.86 Acres, for single family detachedilots with a 20
foot right -of -way to the open area and with the understanding that the open
area would he owned by the homeowners association. This property is
located on the west side of Fox Drive, on the north City /County border, in
the Gainesboro Magisterial District.
Final Master Development Plan #017 -87 of Carlisle Estates II, Zoned RP,
153.11 Acres, for single family traditional and townhouse lots in the
Shawnee Magisterial District.
Action - Tabled
Mr. Watkins said that the Planning Commission's concerns at the
preliminary stage regarding this plan were the potential location of
Greenwood Road and the lots on Valley Mill Road.
Mr. H. Bruce Edens, of Greenway Engineering 6 Surveying Company,
introduced himself and Mr. and Mrs. Longerbeam, the owners. Mr. Edens said
that they changed the plan by eliminating the several lots around the
existing house on Valley Mill Road and creating one three -acre lot.
The Commission and staff next discussed the status of plans for the
relocation of Greenwood Road. Mr. Charles Longerbeam came forward and
explained his proposal to VDOT for the road relocation. His proposal
involved coming from Senseny Road down the gully below the existing house.
Mr. Longerbeam said that VDOT did not show an interest inIthis proposal.
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Mr. Gyurisin felt that the major concern at this point was how the
connection with Route 7 could be accomplished. He said that there were a
couple of different points along Route 7 that would be suited for
connecting either the relocated or the existing GreenwoodIRd. Mr. Gyurisin
felt that the key right now was trying to find the best point in order to
have a good interchange on Route 7.
The Commission was concerned about the amount of time it was taking
VDOT to make a decision on the road. They felt that a final decision on
Greenwood Road was needed before they could approve this (subdivision.
Upon motion made by Mr. Stiles and seconded by Mr.1 Golladay,
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BE IT RESOLVED, that the Frederick County Planning Commission does hereby
unanimously agree to table Final Master Development Plan #017 -87 of
Carlisle Estates II until the situation with the roads was finalized with
the Transportation Department.
PUBLIC MEETING
Revised Preliminary Master Development Plan #019 -87 of Senseny Road
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Project, Zoned RP, 37.88 acres, for single family traditional lots in the
Shawnee Magisterial District.
Action - Denied
Mr. Watkins said that this plan was previously tattled to resolve
sewer service questions. He said that the plan has been revised relocating
the pump station and proposing service by the Frederick County Sanitation
Authority for the entire development.
Mr. Watkins next read a letter from the Winchester Golf Club, Inc.
addressing this application. Upon motion made by Mr. Golladay and seconded
by Mr. Stiles, the letter was made a part of the official record as
follows:
The Winchester Golf Club, Inc.
P.O. Box 2076
Winchester, Virginia 22601
March 2, 1988
County of Frederick
Departments of Planning 5 Building
Attention: Mr. Robert W. Watkins, Director
Dear Sir:
The Board of Directors of the Winchester Golf Club', Inc. wish to
advise the Frederick County Planning Commission of their (growing concern
over the effect of certain land developments adjacent to,l or otherwise
impacting upon the Club's use of its property.
That concern, knowing the area's topography, deals' with increased
potential for flooding and depriving the use of its established golfing
areas.
The Winchester Gold Club, Inc. has been experiencing the results
from past commercial area development and is aware of a recent Residential
Land Development planned along its southwest boundary.
The Senseny Road project will add to areas whose surface water will
find its way to developed club land and to Abrams Creek whose storm water
drainage capacity already appears to be exceeded.
The Board of Directors are interested in knowing what regulations or
ordinances exist which control "increase in storm water run -off" on to
adjacent land resulting from nearby land improvement.
The Board is equally interested in the Planning Commission's
Engineering plans to be applied to the Senseny Road project's surface water
run -off.
This interest by the Winchester Golf Club's Board of Directors in no
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way implies any dissatisfaction or disagreement with the Senseny Road
project as a residential area.
Respectfully,
/s /C. G. Vaught, Jr.
Director
cc: Kenneth Stiles, Frederick County Supervisor
Mr. Charles Blackley, Jr., Vice President of Patton, Harris, Rust &
Associates, was present to represent the applicant. Mr. Blackley said that
they have relocated a pumping station back 100 feet from the property line.
He also showed the Planning Commission exactly how they planned to provide
Frederick County Sanitation Authority sewer service to the site. Mr.
Blackley emphasized that the developer of the property wants to make
certain that the stormwater impact on downstream areas isIminimized and
that the requirements of Frederick County and the State of Virginia are
complied with. Mr. Blackley said that they also plan to put in detention
basins in the open space areas.
Mr. Kenneth Kisner, adjoining property owner, was concerned about
flooding in his yard created by runoff from this development. Mr. Kisner
requested that the two pumping stations in the drainageway, serving
approximately eight lots, be eliminated. He said that his property is in
the direct path of the drainageway and he would be affected if the pumps
experienced mechanical failure. Mr. Kisner requested that the eight lots
be eliminated, thus eliminating the need for the pumping stations
altogether.
Mr. Frank Taylor, adjoining property owner, also had concerns about
the water runoff and requested that the pumping stations be eliminated.
The Commission and staff discussed what was required by the County
and State Codes concerning runoff. They questioned whether there may be an
alternative way to run the sewer line than what was proposed by the
developer. Some of the Commissioners felt that all the sewage should drain
by gravity rather than by use of pumping stations.
Mr. Wilson felt the developers had met all the necessary
requirements for a preliminary plan and he also felt that the developer
could not be responsible for other developments' runoff. 'Mr. Wilson felt
that if the developer put in a system that was acceptable to the Sanitation
Authority, then it was the Authority's responsibility to keep it running
properly. Mr. Wilson then moved for approval and this motion was seconded
by Mr. DeHaven. The motion lost, however, by the following vote:
YES (TO APPROVE THE PLAN): McDonald, DeHaven, Wilson
NO: Copenhaver, Stiles, Sherwood, Brumback, Golladay
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
deny Revised Preliminary Master Development Plan 1)019 -87 of Senseny Road
Project for single family traditional lots. This property is located 3,500
feet (plus or minus) east of the I- 81 /Senseny Road intersection, fronting
on Senseny Road in the Shawnee Magisterial District.
REQUEST FOR INFORMAL DISCUSSION BY THE ELKS CLUB
Mr. John Rosenberger, a representative of the Winchester Elks Club,
requested an opportunity to discuss with the Planning Commission a
potential new site for their club facilities. He said that they were
having a difficult time finding a suitable site within their price range.
Mr. Rosenberger said that they were interested in a site in the Fort
Collier Industrial Park, however, the M -1 zoning did not provide for this
use.
The Commissioners pointed out that club facilities would be allowed
in the A -1, A -2, and RP Districts and perhaps in the B -2 District. The
Commissioners were not in favor of this type of use in an industrial
district. They also suggested some areas in the County that could
possibly be rezoned from industrial to commercial.
ADJOURNMENT
Since there was no other business to discuss, the meeting adjourned
at 11:00 p.m.
Respectfully submitted,
F aril k H. Brumb Chairman
Robert W. Watkins, Secretary
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