Loading...
PC_09-07-88_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 September 7, 1988. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; S. Blaine Wilson; Manuel C. DeHaven; Beverly Sherwood; Carl M. McDonald; and Kenneth Y. Stiles; Marjorie H. Copenhaver; George L. Romine Also present were: Robert W. Watkins, Secretary; and Stephen M. Gyurisin, Advisory; and Bray Cockerill, 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 August 17, 1988. Upon motion made by Mr. Golladay and seconded by Mr. Romine, the minutes of August 17, 1988 were unanimously approved as presented. BIMONTHLY REPORT The Commission and staff discussed pending applications. COMMITTEE REPORTS Economic Development Commission Mr. Romine said that-the Economic Development Commission has been busy and a new company is currently about to close on some property in Frederick County. CITIZEN COMMENTS Mr. Golladay reported a drainage problem in the back section of Fredericktowne, adjoining Nottoway. Mr. Golladay said that Mr. Dudley Rinker, the Board Representative for Opequon District, and himself visited the site a couple of weeks ago during the heavy rains and the drainage 2741 - 2 - condition was serious. Mr. Golladay explained that before Nottoway was subdivided, a four -inch drainpipe, installed along the length of a sideyard, carried water off the undeveloped portion of Nottoway. He saic that since it has been developed, there is a ten -inch pipe coming out of the drainage basin running into the four -inch pipe. The pipes are separated by a distance of eight or ten feet and it is flooding backward. Mr. Golladay said that four properties are affected. Mr. Gyurisin said that the staff has asked the developer to review the drainage plan with his engineer and to review solutions with the Planning Commission. REQUEST BY BOARD OF SUPERVISORS FOR FREDERICKTOWNE ROAD PLAN Mr. Watkins said that the Board of Supervisors has requested, as a part of their review of the preliminary master development plan for Fredericktowne Estates, that a preliminary road plan for this area be developed. He said that the Board is specifically concerned with access in the northern direction of Routes 642 and 636. Mr. Charles Maddox, Engineer with G. W. Clifford 5 Associates and representative for Mr.. Holliday and Fredericktowne Estates, was present to discuss his ideas on a transportation system for that particular area. The Planning Commission agreed with the general concept presented by Mr. Maddox. Mr. Stiles said that in general terms, the ideas proposed and discussed by Mr. Maddox address the questions that were raised at the Board meeting. Upon motion made by Mr. Golladay and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the general concept for a transportation system in the Fredericktowne area, particularly in the northern directions of Routes 642 and 636, as presented by Mr. Charles Maddox, the engineer representing Fredericktowne Estates. PUBLIC HEARINGS Conditional Use Permit #011 -88 of the Holt Corporation for radio offices in the Gainesboro Magisterial District. Action - Approved Mr. Flournoy Largent, an attorney representing the Holt Corporation, stated that his client owns stations in a number of other states. Mr. Largent said that approval of this conditional use permit will make it 2742 - 3 - possible for his client to establish headquarters here. Mrs. Sherwood inquired about the entrance on Route 654. Mr. Largent said that the Transportation Department has stated that if the entrance is to be utilized, it must be upgraded and if it is not to be utilized, it should be closed. Mr. Largent noted that it has not yet been decided whether or not they will use that entrance. Some members of the Commission felt that the standard condition placed on a conditional use permit -- stating that if the use, occupancy, or ownership of the property changes, that the permit shall expire and a new permit will be required -- should be amended to delete the words 'occupancy" and 'ownership." The commissioners felt that if the radio station was sold to new owners, they should not be required to reapply, as long as the use remained the same. Upon motion made by Mrs. Sherwood and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #011 -88 of the Holt Corporation for a radio station at Route 50 and Poorhouse Road 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. A site plan meeting all site plan requirements shall be provided and reviewed by the staff. The vote on this conditional use permit was: YES (TO APPROVE): Copenhaver, McDonald, Stiles, Sherwood, Golladay, DeHaven, Wilson, Romine NO: Brumback Rezoning Request #013 -88 of B. K. Haynes Corporation to rezone 1,735 acres from R -5 (Residential Recreational) to A -1 (Agricultural Limited) in the Back Creek District. Action - Approved Mr. Watkins presented two letters of opposition to the requested rezoning. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, the letters were made a part of the official record, as follows: 2743 _4_ September 1, 1988 Mr. Robert W. Watkins, Director County of Frederick Departments of Planning and Building 9 Court Square Post Office Box 601 Winchester, Virginia 22601 Reference: Application for Rezoning B. K. Hanes Corporation Dear Mr. Watkins: I am in receipt of your letter of August 24, 1988 advising me of the application of B. K. Haynes Corporation to rezone 1,735 acres adjoining my property from R -5 to A -1. This letter will serve as my official protest.to this re- zoning application as my property would be devalued by this action. The downgrade in zoning would also affect unfavor- ably on any possible resale of my property. If any further action is necessary on my part to have my protest acknowledged, please let me know. Sincerely, --c" Anthony St. Aifgelo ASA:ck 815 The Terrace Hagerstown, Maryland 21740 2744 ME S050 Granby Circle Colorado Springs, CO 80919 August 28,1988 Robert W.Watkins, Director County of Frederick Departments of Planning and Building 9 Court Square P.D. Box 601 Winchester, VA 22601 Dear Nr. Watkins: We have your letter of August 2q,1988 concerning the B.K.Hagnes Corporation application for rezoning some 1735 acres. To ,fudge from a letter and map we received last year from said corporation we assume that this abuts on our lot 10 -W in Shawneeland. We oppose the rezoning for at least the following reasons. 1. A number of years ago when we bought our lot in Shawneeland we understood that it abutted on a national forest. We looked into the area and the claim and decided that it was true. This particular feature of our lot was important in making the purchase and in keeping it during the many troubled years that Shawneeland has had. 2. When we received the letter from the Haynes Corporation in October of last year we thought something strange was going on. We wrote to the company asking for clarification. We did not receive a reply. This tended to confirm our suspicions. 3. The application for a change in zoning casts Further suspicion on the motives and methods of the Haynes Corporation. Obviously we are at a disadvantage in voicing our concerns or even finding out the truth of what is under way. We hope that you will stop any kind of change that is detrimental to our interests or that of Shawneeland. We have just-gone through a major problem at Shawneeland and don't want to face another. We expect to be advised and have an opportunity to present our point of view. S, eyg / 1 , James D.Williams °'�� cc: Haloas Shawneeland U,, is23 J C n i i'i.w 2745 1 - 6 - Mr. Watkins explained that Health Department approval would be required for tracts of land subdivided for residential use, however, Health Department approval is not required on tracts of land subdivided for agricultural use. Mr. B. K. Haynes, owner, said that the terrain of this property is not suited for residential use and he would like to subdivide the property into 20 -acre tracts. Mr. Haynes said that he will be charging a road maintenance fee for access to the property and additionally, a fee will be charged by the Sanitary District to assist in Shawneeland road maintenance. Mr. DeHaven inquired if purchasers of the property would be permitted to further subdivide tracts of land. Mr. Haynes said that he will have restrictions on the property, possibly allowing only a one -time subdivision and no commercial timbering. Mr. Haynes said that he wants the land to remain in its natural state as much as possible and any subdivision of land would have to be compatible with this development plan. Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #013 -88 of B. K. Haynes Corporation to rezone 1,735 acres from R -5 (Residential Recreational) to A -1 (Agricultural Limited) for the subdivision of land for agricultural and farmette uses. This property is located on the Great North Mountain, above and west of Shawneeland and north, mostly on the western slope, almost to Route 50 West of Winchester, in the Back Creek District. Rezoning Request #014 -88 of Richard A. Graber to rezone 1.841 acres from RP (Residential Performance) to B -2 (Business General) for office or retail space in the Back Creek District. Action - Approved Mr. Richard A. Graber said that he did not have a specific use planned at this time. Mr. Graber said that this is a 190 -year old facility that has been renovated over the past ten years by the present owner and he plans to maintain the aesthetic appearance of the property. Upon motion made by Mrs. Copenhaver and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #014 -88 of Richard A. Graber to rezone 1.841 acres from RP (Residential Performance) to B -2 (Business General) for office or retail space. This property is located at Kernstown, near Routes 652 and 706, in the Back Creek District. Rezoning Request #015 -88 of Battlefield Partnership to rezone 5.51 acres (Lots 12, 13, 14, 15, 16, 17, 18, and 19) from M -1 (Industrial Limited) to 2746 - 7 - B -2 (Business General) for general business uses. Action - Approved Mr. Ralph Gregory, a partner in Battlefield Partnership, was present to answer questions from the Commission. Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #015 -88 of Battlefield Partnership to rezone 5.51 acres (Lots 12, 13, 14, 15, 16, 17, 18, and 19) from M -1 (Industrial Limited) to B -2 (Business General) for general business uses. This property is located on Route 11 South, across from DMV, approximately 480 feet east of Route 11 and borders Route 81, in the Back Creek District. Rezoning Request #016 -88 of Shore Concrete Corporation to rezone .95 acres from B -2 (Business General) to B -3 (Industrial Transition) for an office, parking lot and storage area for concrete forms in the Shawnee District. Action - Denied Mr. Watkins said that due to the outside storage of construction materials, as well as the storage of construction -type equipment, the staff considers the proposed use as a wholesale -type business. Mr. Thomas Chasler, attorney, was representing Mr. and Mrs. Dill, the owners of Shore Concrete Corporation. Mr. Chasler said that Mr. and Mrs. Dill have approximately 20 employees working at their Herndon location and their intentions are to have the employees park their personal vehicles at the Winchester office and drive the company vans to worksites at Herndon and Warren County. He added that the house will be used as an office. Chairman Brumback called for anyone in the audience wishing to speak on this proposal. The following people came forward to speak in opposition: Mr. Junior Triplett, a nearby resident, was opposed to the rezoning because he felt it was not compatible with other businesses along Route 522. Mr. Triplett was concerned about outside storage and the shallowness of the lot. Mr. Nairn Marshall, Vice President of Wiltshier Turner Ltd., owner of 30 acres, zoned M -2, behind the property in question, was opposed to this use, saying that the Dill's industrial -type use would not compliment his company's plans for a business park. Mr. Kevin Adams of the Adams -Legge Development Group, a limited partner of the 30 acres behind the property in question, and resident of this area, said that he was concerned about the Commission's overall plans 2747 - 8 - for this area. Mr. Adams did not want to see a precedent of industrial development in this area. He was also concerned about truck traffic going in and out of the site because of limited visibility. Chairman Brumback read a letter of opposition from Frank W. and Beulah B. Alger. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, the Commission voted unanimously to make the letter a part of the official record, as follows: September 3, 1988 To Whom It May Concern: I am opposed to the Rezoning Application No. 016 -88 of Shore Concrete Corporation to rezone next door to my adjoining property. I have rheumatoid arthritis and can't come to the meeting to voice my opinion in person. Sincerely, Frank W. and Beulah B. Alger The Commission and staff next discussed outside storage of equipment and construction materials. Mr. Wilson said that if the property was resold, other types of B -3 uses may not be appropriate for this area. Mr. Wilson added that he had recieved a number of phone calls of concern about this rezoning. Mr. Wilson therefore moved to deny the rezoning request. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Request #016 -88 of Shore Concrete Corporation to rezone .95 acres from B -2 (Business General) to B -3 (Industrial Transition) for an office, parking lot, and storage area for concrete forms. This property is located about .3 mile southeast of Route 50 East, at the third house on the left side of the road past Ferguson Enterprises, and presently trading as R & F used cars. The vote on this rezoning request was; YES (TO DENY): Romine, Wilson, DeHaven, Golladay, Sherwood, Copenhaver ABSTAIN: Stiles, Wilson, Brumback Preliminary Master Development Plan #010 -88 of Georgetown Court, Zoned RP, for townhouses on 6.63 acres in the Opequon Magisterial District. Action - Approved Mr. Charles Maddox, engineer with G. W. Clifford & Associates, presented the Georgetown Court preliminary master plan to the Commission. 2748 - 9 - Mr. Maddox said that this project forms a bridge between existing development and the Route 277 corridor. He continued, saying that the capabilities of this site are reduced because of its size and shape, which only allows for a linear -type of development. Mr. Maddox described the project noting that the front yards would be screened with hardwoods, that utilities would be underground, and that the entrance would have curb and gutter. Mr. Golladay noted a water problem along the berm area. He said that water flows through the Athey property and when it reaches this point, there is no place for the water to go. Mr. Golladay was concerned about the length of the berm on the west side of the property and he was also concerned about increased traffic on Route 277. Mr. Maddox felt that the water could be handled by providing a storm water system. Regarding the traffic situation on Route 277, Mr. Stiles felt that the county needed to require a right and left turn lane for traffic exiting onto Route 277. Mr. Stiles said that since this road will drain traffic from other areas in addition to the applicant's proposal, VDOT would probably need to construct a right -turn de- acceleration lane for west bound traffic on Route 277 and a center left -turn lane for east bound traffic, in order to have "through" traffic lanes in both directions. He said that in all probability, a portion of the cost would be borne by the developer, proportionate to the amount of traffic generated by their development, with VDOT paying the remainder. Chairman Brumback requested that an area be designated for trash receptacles and restrictions imposed to prohibit various sizes and kinds of fencing. He said that trash and fencing has created an eyesore, as well as difficulties for meter readers, in some of the existing developments in Frederick County. It was noted that this proposal had gone through a number of revisions and the Commissioners were satisfied with the plan submitted. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Development Plan #010 -88 of Georgetown Court for townhouses on 6.63 acres, zoned RP. This property is located on the north side of Route 277, about one mile east of Stephens City, in the Opequon Magisterial District. Preliminary Master Development Plan #011 -88 of Jefferson Village for approximately 50 single-family urban traditional houses on 18.6 acres, zoned RP, in the Opequon Magisterial District. Action - Approved 2749 - 10 - Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, presented the Jefferson Village preliminary plan and answered questions from the Commission. It was noted that a number of alternatives had been discussed on this project and the Commission was satisfied with the proposal submitted. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Development Plan #011 -88 of Jefferson Village for approximately 50 single - family urban traditional houses on 18.6 acres. This property is located on the north side of Route 277, about one mile east of Stephens City, in the Opequon District. PREAPPLICATION CONFERENCE ON THE REVISED PRELIMINARY MASTER PLAN FOR Mr. Bruce Edens, of Greenway Engineering & Surveying Company, and Mr. Walter Pugh, the developer, were present to represent this plan. Mr. Edens said that they are proposing 20 patio homes on approximately four acres, served by a state - maintained road. Mr. Edens pointed out common areas and landscaped screening. He also noted that access to private garages will be from the rear of the lots. The Commission discussed the proposal with the applicants. The Commissioners were concerned about the density of this proposal and the small size of the lots. The staff noted that the lot sizes proposed met the zoning ordinance requirements for patio homes. No action was needed by the Planning Commission at this time. RECOMMENDATIONS ON ALTERNATIVE METHODS FOR ON -SITE SEWAGE DISPOSAL The staff presented a draft memorandum to the Board of Supervisors on recommended policies for on -site sewage disposal. Mr. Stiles recommended that a statement be included noting that there are a number of septic systems on land in Frederick County that have been installed and have been working for years and if applied for today, would be denied. The Commission also emphasized the need for a clear assignment of responsibility for overseeing these systems. Upon motion made by Mr. Romine and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the following recommendations concerning alternative sewage disposal systems in Frederick County: 1. The situation in Frederick and Shenandoah Counties is unique. Nowhere 2750 - 11 - else in Virginia is rural development occurring at such levels in areas with the type of soil conditions that exist in Frederick County. The State Health Department and State Water Control Board need to examine the unique situation in this area and develop solutions that will meet the particular local needs. They need to examine the systems that are working and not working in our area and base solutions on those particular conditions. In some cases, systems are functioning properly in soils and conditions that would not now allow permits for new systems. 2. The Frederick County Comprehensive Plan proposes certain amounts of rural development at low densities in our rural areas. It will not be feasible to provide central sewer service to most of these areas at any time in the foreseeable future. In addition, there are existing dwellings with inadequate systems and lots that were previously approved for drainfields that cannot now obtain permits for drainfields. There are a wide range of sewage disposal technologies available. It is the opinion of the Frederick County Planning Commission that these technologies can be selectively used to meet local needs. 3. It is the opinion of the Frederick County Planning Commission that under current Virginia law it is the responsibility of the Health Department and State Water Control Board to regulate sewage disposal. These agencies need to provide specific and well- designed standards for a full range of conditions. There is a need to examine standards for both conventional and alternative sewage disposal systems. The Health Department and State Water Control Board need to develop effective procedures to approve, inspect, and monitor these systems. Responsibility for all systems should be clearly given to the appropriate agencies. The Planning Commission would propose that the Board of Supervisors relay these or similar opinions to all agencies and officials involved at the state level. --------------- -- - - -- ADJOURNMENT The Planning Commission had no further business to discuss and adjourned at 10:18 p.m. Respectfully submitted, Robert W. Watkins, Secretary Frank H. Brumback, Chairman 2751