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PC_07-06-88_Meeting_MinutesMEETING MINUTES of the 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 July 6, 1988. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; George L. Romine; S. Blaine Wilson; Manuel C. DeHaven; Beverly Sherwood; Marjorie H. Copenhaver; Carl M. McDonald; Kenneth Y. Stiles Also present were: Robert W. Watkins, Secretary; and Stephen M. Gyurisin, Advisory CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. MINUTES The first order of business was the consideration of the minutes of June 15, 1988. Upon motion made by Mr. Romine and seconded by Mr. Golladay, the minutes of June 15, 1988 were unanimously approved as presented. BIMONTHLY REPORT The Commission and staff discussed pending applications. COMMITTEE REPORTS Economic Development Commission Mr. Romine reported that the ground breaking ceremony at the Butler Manufacturing site will be on July 12, 1988 at 11:00 a.m. Mr. Romine added that this was an important addition to the economic community. Comprehensive Plan Subcommittee Mr. Golladay said that the Comprehensive Plan Subcommittee will meet July 19, 1988 to discuss environmental issues. 2710 - 2 - SUBDIVISIONS Final Subdivision Plat of Albin Village, Section 3, Zoned RP, 21.7775 acres for single - family detached cluster lots in the Opequon District. Action - Approved Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, was representing this subdivision. Mr. Maddox said that this plat has been finalized for almost a year, but they have been waiting for the sewage problem in the area to be resolved. In reply to Mr. Golladay's question on how the sewer would be handled, Mr. Maddox said that it would go to the upgraded Lakeside Plant and then to the Parkins Mill Plant. Upon motion made by Mr. Golladay and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Subdivision Plat of Albin Village, Section 3, for the subdivision of 61 single - family detached cluster lots, open space, right -of -ways, and easements. This property is located on the east side of Route 647 in the Opequon Magisterial District. --------------------- i Final Subdivision Plat of Brookland Heights, Sections I (271lots), II (82 Lots) and III (135 lots), zoned RP, for a total of 244 townhouse lots (30.934 acres) in the Shawnee Magisterial District. Action - Approved Mr. Watkins noted that this application was submitted before the RP amendments were adopted. He said that the plats were drawn in accord with the approved master plan and site plan. Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, was the representative for this subdivision. Mr. Maddox said that they have responded to the Virginia Department of Transportation's letter and all of their requirements have been addressed. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Subdivision Plat of Brookland Heights, Sections I, II, and III for 244 townhouse lots, parking, open space, and utility improvements. This property is located south of State Route 659 (Valley Mill Road) and north of Frederick Heights Subdivision in the Shawnee Magisterial District. Final Subdivision Plat of Gladys Lauck Land, Zoned RP, for one single - family lot, consisting of 10,040 square feet in the Stonewall District. 2711 - 3 - Action - Approved The staff recommended that the open space and master plan requirements be waived for this one lot. They noted that all subdivision standards had been met. Mr. Frank Lauck, son of Gladys Lauck, was present to represent this subdivision. Chairman Brumback asked if water and sewer were available and Mr. Lauck said that it was. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Subdivision Plat of the Gladys Lauck Land for the subdivision of one lot with public utilities. This property is located on Route 522 North at Sunnyside, off of Route 832, in the Stonewall Magisterial District. The master plan and open space requirements have been waived for this lot. (Mr. Stiles arrived at this point of the meeting.) I FINAL MASTER DEVELOPMENT PLAN Revised Final Master Development Plan #008 -88 of Westside Station, Zoned RP, for the subdivision of 16.246 acres into 43 single - family traditional lots. This property is located south of Route 50 West, east of Route 37, and north of Wayland Drive in the Back Creek Magisterial District. Action - Denied Mr. Watkins said that the revisions to this plan were minor and did not constitute a major planning change. He said that the number of lots have not increased. He explained that one road had been eliminated and the detention basin was relocated. Mr. Charles E. Maddox, Engineer with G. W. Cliffordfi Associates and the representative for this master plan, explained the revisions to the Commission. Mr. Golladay asked how the office areas would be served by transportation. Mr. Maddox said that the City's subdivision ordinance requires 100' frontage on city streets. Mr. Maddox said that the owner is studying whether to use the five lots individually or to use a condominium - type office arrangement. Mr. Wilson noted that since this master plan was originally approved, the ownership had changed. Mr. Wilson asked for the names of the principals. Mr. Maddox replied that the principals were Mr. Porter from Round Hill and Mr. Winger from Fairfax. 2712 - 4 - Mrs. Copenhaver said that when the applicant first came to the Commission with the preliminary plan, the Commission rejected it because it contained pipe stem lots. Mrs. Copenhaver said that the Commission approved the plan with a cul -de -sac and no pipe stem lots. She said that now this plan is being revised with pipe stem lots again, although they do meet the Code with the 40' road frontage. Mr. Stiles commented that if the Commission approved this lot design, no matter how much of a modified pipe stem it was, a precedent would be set. Due to the fact that the Commission rejected the earlier plan because of pipe stem lots, Mrs. Copenhaver moved for denial and Mr. McDonald seconded the motion. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Revised Final Master Development Plan #008 -88 of Westside Station due to the use of the modified pipe stem lots. The vote on this denial was: YES (TO DENY): Copenhaver, McDonald, Stiles, Sherwood, Brumback, Golladay, DeHaven NO: Romine, Wilson Revised Preliminary Master Development Plan #007 -88 of Fredericktowne Estates, Zoned RP, 116.45 acres, for 288 single - family tradIitional lots in the Opequon District. Action - Tabled Mrs. Copenhaver abstained from voting and discussion) of this master plan due to a possible conflict of interest. Mr. Watkins said that the Planning Commission reviewed this plan approximately one year ago and at that time, did not recommend approval because of the water control board's moratorium. Since that time, the Commission has informally decided to approve master plans for lots in this area with the understanding of the planned sewer improvements in the area and also with the understanding that subdivision plans will not be approved until the sewer issues are taken care of. Mr. Watkins presented a letter from Mr. Charles E. Maddox, Jr., P.E., Vice President of G. W. Clifford 6 Associates, stating that they understand that sewer capacity will not be available to this area prior to the spring of 1989 and that they also understand that the County in no way guarantees sewer capacity availability at this time or any other time as a result of the master development plan action. Mr. Golladay requested that the letter of understanding be sent to the commonwealth's attorney for review and comment. 2713 - 5 - Mr. Maddox said that the plan had been revised to take into account some planning preferences on the part of the owner and he explained those revisions to the Commission. Some of the points made were that the plan incorporated two ways of access, via Fairfax Drive and Westmoreland Drive; it utilized a gravity wastewater sewer system; the water system would be extended from two points; drainage would be handled through open space swales; lot size would be 10,000- 12,000 square feet; and no new lots were planned for the section adjoining existing Fredericktowne. Mr. Golladay felt that the extension of Westmoreland Drive would create some major traffic problems, especially at the intersection of Routes 277 and 647, and he suggested extending Westmoreland Drive through the park and have it exit directly across from the park entrance. Mr. Stiles said that the proposal showed Westmoreland Drive stubbed against the park property. Mr. Stiles anticipated that within 8 -10 years there was strong likelihood that a second high school would be needed in Frederick County at this location and at which time, it would be desireable to have the road extended. He said that the road could be paid for through a combination of funds from the building of the school, recreational access funds, and some other funds and could logically be extended to Route 277. Mr. Stiles and Mr. Golladay felt it was critical to provide another outlet from that whole area, other than having all the traffic forced through the intersection at Routes 277 and 647 at the 81 ramp. Mr. Tom Fulton, adjoining property owner on Wythe Avenue, felt that the proposed lot sizes were small and he was concerned about how that would effect the value of existing homes in the area. Mr. Stiles commented that he knew of another master plan currently in the works for this area. Mr. Stiles said that there will certainly be impacts on traffic flow and circulation in this area. He felt that there was enough concern in Fredericktowne that some time was needed to make certain that everyone was informed about the types of lots proposed, how the drainage and sewage would flow, etc. For those reasons, I Mr. Stiles moved to table this request for two weeks. Mr. Golladay seconded the motion with the addition that a response be obtained from Mr;. Ambrogi on Mr. Maddox's letter of understanding. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table for two weeks the Revised Preliminary Master Development Plan #007 -88 of Fredericktowne Estates in order to allow time to study traffic flow and circulation, to make sure everyone was informed about the details of the proposal, and to obtain a response from the commonwealth's attorney on Mr. Maddox's letter of understanding. Mr. Bill Althorpe, adjoining property owner on Wythe Avenue, had a question on buffer space. Mr. Maddox said that a buffer is not required between two single- family uses, however, they are proposing an approximate 50' buffer. Mr. Dave Holliday, President of Shiho, Incorporated, the owners and developers, said that he would be happy to hold an open meeting for the 2714 a - 6 - residents to discuss the plan. Mr. Holliday said that the lot sizes planned are very close to what is currently existing in Fredericktowne. He also noted that the restrictive covenants as to the cost and size of houses would be very similar, if not identical, to what is now on record. Revised Final Master Development Plan #005 -87 of Grove Heights, Zoned RP, 74.359 acres, for single- family cluster housing in the Shawnee District. Action - Approved Mr. Golladay abstained from voting and discussion on this master plan due to a conflict of interest. Mr. Watkins said that the primary change is in the road layout. He added that this current version shows a pump station pumping all sewage to the Sanitation Authority System via a force main through the eastern portion of the project. Mr. Stiles inquired as to who the current owner was. Mr. Jack Williams, the engineer representing this master plan, said that Bruce Brownell of Leesburg was the contract owner. Mr. Williams said that the only major differences in this revised plan were the interior road layouts. He said that the previous plan used straight roads and this plan incorporates curves to create an aesthetically pleasing layout. Mr. Hugh Price, resident of College Park, wanted the owner's name clarified. It was determined that Mr. Gene Groves currently owns the property and Mr. Bruce Brownell is under contract to purchase the property. There was next a discussion on whether the 50' right -of -ways were wide enough to handle traffic if the roads were linked to properties in the rear. Mr. Wilson asked if any of the lots abutting the existing College Park Subdivision were changed in any way. Mr. Williams said that no change was made to those lots. Upon motion made by Mr. Wilson and seconded by Mr. Ro'mine, BE IT RESOVED, That the Frederick County Planning Commission does hereby approve Revised Final Master Development Plan #005 -87 of Grove Heights for 211 single - family cluster lots. This version shows access to Purdue Drive and to Route 781 and also shows a pump station pumping all sewage to the Sanitation Authority System via a force main through the eastern portion of the project. The vote on this revision was: YES (TO APPROVE): Copenhaver, McDonald, Stiles, Sherwood, Brumback, DeHaven, Wilson, Romine ABSTAIN: Golladay 2714b - 7 - PUBLIC HEARINGS Amended Conditional Use Permit #005 -88 of Raymond E. Brill to amend the conditions of his approved conditional use permit to allow mining up to 50' of Gravel Springs Run. This conditional use permit is for a sand mine operation above the mean grade level on Route 603, west of Route 55 and north of Route 600, in the Back Creek Magisterial District. Action - Approved Mr. Watkins said that Mr. Brill would like to amend his setback to Gravel Springs Run from 200' to 50'. Mr. Watkins said that the sand mine area is on a cliff which, with the 200' setback from Gravel Springs Run, forces him to travel a circuitous and very steep path to access his mine. He said that a 50' setback would allow him to access the sand from a proposed bridge with little required climb. Mr. Watkins said that the Division of Mineral Mining allows mining as close as 25' with adequate erosion protection, therefore, the proposed 50' setback should be acceptable, if the Division of Mineral Mining's approved safeguards are implemented. Mr. Raymond Brill was present to answer questions from the Commission. Chairman Brumback asked if there was anyone in the audience who wished to speak in favor or opposition to the change, but na one came forward. Mr. Stiles said that Mr. Rhodes, Supervisor for the Back Creek District, and himself visited the site with some of Mr. Brill's neighbors. Mr. Stiles said that once the neighbors saw exactly what the! situation was, they had no objections. Upon motion made by Mrs. Copenhaver and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Amended Conditional Use Permit #005 -88 of Raymond E. Brill to allow mining up to 50' of Gravel Springs Run with the following conditions: 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 operation, along with the sediment, erosion, runoff, and spillage controls needed to allow the setback from Gravel Springs Run to be placed at 50 feet, shall meet all requirements of the Virginia Division of Mineral Mining. 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. 2715 5. The EM site plan shall be reviewed and approved 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 2.00' of the boundaries of adjoining properties not owned by the applicant or within 50' 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. Conditional Use Permit #010 -88 of The Elks Club of Winchester, Inc. for a fraternal lodge to be located on Cedar Creek, Virginia Route 622, directly east of the Blue Ridge Grace Brethren Church, in the Back Creek District. Action - Tabled The Commission and staff discussed whether this application was complete, in that the application for the septic system was still being considered. Mr. Watkins presented a letter of objection from Linden and Betty Lewis. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, the letter was made a part of the official record as follows: July 4, 1988 Ms. Beverly Sherwood HC1, Box 300 Cross Junction, VA. 22625 Dear Ms. Sherwood: We reside in Sherwood Forest on Route 50 West in the Gainesboro District and are writing concerning the request of the Elks Club for a conditional use permit for their land on Route 622 south of Winchester. Being members of the Blue Ridge Grace Brethren Church, which is next door, we are asking your support in rejecting this request. We feel that allowing this would be detrimental to our own services which are held on Sunday 9:45 a.m. to 11:45 a.m, and 7:00 p.m, to 8:00 P.M. We also meet regularly on Wednesday evening from 7:30 p.m. to 8:45 p.m. There are also many services scheduled at other times during the month and 2716 - 9 - a week of Vacation Bible School in the summer. This Bible School is held in the evenings for children in the church and surrounding community. Before the land was purchased for the church, we investigated and found that the land was zoned for agricultural use and the only other zoning in the areas was residential. This did have a definite bearing on our deciding to locate there. This zoning is still in effect today and we feel that allowing the Elks to Locate there would not be compatible with this type of development. We feel that great consideration should be given to the fact that the Elks serve alcoholic beverages in their clubs. One of the greatest problems facing our society today is alcohol. We realize there are many influential citizens in the community that belong to this club, but we feel you should reject this in consideration of the adverse effect this could have on the community, especially our youth. Also, the costs of rehabilitation for alcoholics, the additional costs of law enforcement, and the endangering of human lives should be considered. The approval of this could be very costly to the taxpayers and members of the community. Thanking you in advance for your support in this endeavor. Sincerely, /s /Linden E. Lewis /s /Betty R. Lewis Route 9, Box 76 Winchester, VA 22601 Phone: 877 -2861 Mr. Lee Ebert and Mr. Joe Culvert, members of the Winchester Benevolent and Protective Order of Elks, were present to represent the Winchester Elks Club conditional use permit application. Mr. Ebert said that their present facility is no longer adequate. Mr. Ebert said that the current trend is to have family facilities and since they want to attract young members to the lodge, they need to relocate where they can offer such facilities. Regarding the sewer situation, Mr. Ebert said that they did not want to go to the expense of having a sewer system and road designed, or a site plan made until they determine whether they can use the property. The Commission discussed with Mr. Ebert the type of sewage system that the Elks and Health Department had planned. Mr. Steve Culvert came forward to speak in favor of this conditional use permit. Mr. Culvert said that the Elks Club has been helping people since 1868. Mr. Culvert explained the various public service programs that the Elks are involved in and contribute to. Mr. Culvert also pointed out that the present facility was no longer adequate. He outlined a normal week's schedule at the Elks building and noted that they do not plan any 2717 =N= outside athletic facilities at the site. He added that the yearly picnic was held at another location. Pastor Ronald Welsh, of Blue Ridge Grace Brethren Church, presented a petition with names of persons opposing the conditional use permit. Upon motion made by Mr. Stiles and seconded by Mr. Wilson, the petition was made a part of the official record, as follows: 2718 101 � S i O � N�Yi1e� �2L C o ee Tv - r7l LZ, C L u (3 C; � c T1 fl QuI one 7 C 77 O Lel-p-o fI�JJo!'lv�r�� 7l- I u C et d J l Q-r4 C C h / L- Ttf/1Lw C /--f a /OC y id N+1 C 3 - any (1A� O� �'�t a /� :Y 7 v . /66Y 13n llJ" , J{ �f -��J °� % ✓ ° °� �'` L aF7 T ti 6 a.. 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LV�� 77- 10 -C %fa rvi � r9 fJD/2 - 3 S f3X 3 7A kfar 13e FJt % 2721 f�?f- /, �� ij `7 VC S' 10-v N frrn c -' Pte- I - �',r 7N v s` 6 9- 7 - J u' +��clZ,, ..sue — Y-S 3 4 53 — 94 97 SF — 95 - joo - 162-- 103 - /o q - 107 /oj- /0 F- t 2722 - 11 - Pastor Welsh felt that having the Elks Club on the adjoining property would hinder the ongoing growth and ministry of their church. Mr. Welsh explained the church's short -range and long -range plans to the Commission. He said that they anticipate an expansion of church members from 148 to 300 within the next five years; they plan to build a sanctuary on the north side of their present building; and an educational wing is planned on the west side of the building. He said that their long -range plans include recreational equipment on either side of the building. Mr. Willard Baker, Trustee Chairman, and Bob Roper, both members of the Blue Ridge Grace Brethren Church, presented a site plan showing the church's future construction plans. They pointed out where they planned a sanctuary on the west side of the building and expanded parking. They said that the church has approximately $400,000 invested in the property, landscaping and existing building. They explained that in the long term future, they plan to expand an educational wing to the north!, a picnic shelter, and ballfields. Both Mr. Baker and Mr. Roper felt that the Elks Club would inhibit their future growth at this location. Mr. Kenneth Unger, Moderator for the Blue Ridge Brethren Church, also came forward to speak in opposition. He said that the Blue Ridge Church is established, has invested a large amount of money, and should be protected. Mr. Unger also was of the opinion that the church and the club were not compatible. Don Gregory, Deacon at the Blue Ridge Church, felt the church was not properly consulted as a courtesy by the Elks for the church's views; he felt the church was established at this location first; that the church's programs and goals were not compatible with the Elks; that they have already invested a large sum of money on their church and planned to invest more; and finally, he was concerned about safety to church members due to the traffic. Roy Dunco, Deacon at the Blue Ridge Church, felt the traffic would interfere with worship services held within the fellowship hall, since the congregation faces the Elks lot. I Mr. Stiles asked Mr. Culvert if the Elks would be willing to provide screening and Mr. Culvert said that they they felt a fence with some trees would be appropriate. Mr. Stiles inquired if the ABC Board would issue an on- premise license to a club adjacent to a church which objected to the use of alcohol. Mr. Culvert said that he has not heard that they would not qualify for the ABC license. Mrs. Copenhaver asked Mr. Culvert how long the Elks owned this property and Mr. Culvert replied that they purchase it on April 11, 1988. The Commission continued their discussion with Mr. Culvert on the membership and activities of the Elks Club. Mr. Stiles suggested that Mr. Ebert and Mr. Culvert of the Elks Club meet with the representatives of the Blue Ridge Grace Brethren Church to see if they could reach a common ground on conditions that could be 272 3 - 12 - attached to the permit in the form of screening, protections for the church property, that would point everyone in the right direction. Mr. Stiles said that he would be reluctant to take action on this permit one way or another without this effort at least being made. Mr. Stiles said that he hoped it would be a good faith effort. Mr. Stiles felt there was a real question of the compatibility of a fraternal lodge being adjacent to a church. In addition, Mr. Stiles requested that a statement be obtained from the Health Department that the site was suitable for a system of a capacity to handle the proposed Elks building. Upon motion made by Mrs. Copenhaver and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Conditional Use Permit #010 -88 of the Elks Club of Winchester, Inc. in order to allow time for the representatives from the Elks Club and the Blue Ridge Grace Brethren Church to meet together and attempt to establish a set of conditions regarding buffering, screening, and oper that could be used so that both groups could be compatible with one another; and to allow time for the applicant to acquire a statement from 'the Health Department guaranteeing that a sanitary system could be installed to handle the sewer. The vote on this recommendation was: YES (TO TABLE): Copenhaver, McDonald, Stiles, Sherwood, Brumback, Golladay, DeHaven, Wilson OTHER Romine Letter from C. Douglas Adams and Kenneth N. Gilpin, Jr Industral Areas Planned for Frederick County. V � Concerning Mr. Watkins presented a letter from Mr. Adams and Mr. Gilpin expressing their concern for planning for industrial areas and for the provision of proper infrastructure to planned industrial development. Mr. George Sempeles felt that the Commission should not restrict industrial development to industrial parks. ADJOURNMENT The Planning Commission had no further business to discuss and adjourned at 9:30 p.m. Respectfully submitted, rt W. Watkins, Secretary " Frank H. Brumback, Chairman 2724 a