PC_08-02-89_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 August 2, 1989.
PRESENT Planning Commissioners present were James W. Golladay, Jr.,
Chairman; Beverly Sherwood, Vice - Chairman; John Marker, Back Creek
District; Carl M. McDonald, Gainesboro District; Manuel C.
DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District;
Douglas Rinker, Citizen at Large; Marjorie H. Copenhaver, Citizen
at Large; Roger L. Thomas, Citizen at Large; and Kenneth Y.
Stiles, Board Liaison.
Planning Staff present were Robert W. Watkins, Secretary; Kris C.
Tierney; and Evan Wyatt
ABSENT: George L. Romine, Citizen at Large
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES
Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, the
minutes of July 5, 1989 were unanimously approved.
Upon motion made by Mr. McDonald and seconded by Mrs. Sherwood, the
minutes of July 19, 1989 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman Golladay accepted the report for the Commission's
information.
SUBDIVISIONS
Subdivision Plat and Final Master Development Plan Revision for Glenmont
Village, Section 7, for 21 single - family cluster lots in the Shawnee
District.
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Action - Approved
The staff noted that Section 7 was originally to contain 48
multi -plex housing units, as shown on the master development plan approved
on March 21, 1984, and the applicant has requested to change these to 21
single - family cluster lots. It was noted that the master plan would have
to be revised and administratively approved showing the reduction in
density and the minor change of the street layout.
Mr. Ronnie Ward, the owner and developer of Glenmont Village, was
available to answer questions.
Upon motion made by Mr. McDonald and seconded by Mrs. Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the subdivision plat and final master development plan
revision for Glenmont Village, Section 7, for 21 single - family cluster lots
on 7.147 acres, zoned RP. This property is located on the southern side of
State Route 657 (Senseny Road), approximately 1 1/2 mile west of Clarke
County, in the Shawnee District.
Revised Preliminary Master Development Plan #005 -89 of Georgetown Court for
89 townhouses in the Opequon District.
Action - Tabled
Mr. Watkins said that the staff has asked the applicant to address
drainage concerns and entrance design and in particular, turning lanes on
Route 277. He added that the applicant has requested tabling in order to
address concerns raised.
Chairman Golladay said that during the original preliminary master
development plan review, there was considerable discussion on drainage and
berms. He said that the original plan showed berms along the front of the
property, along Route 277, and also on the east side, adjacent to the
single - family homes. He said that the new plan shows a recreational area,
but no tot lot, a much larger detention pond, and no berms. Mr. Golladay
requested that the applicant address these items when the plan comes up for
review by the Planning Commission.
Mr. Stiles also noted severe drainage problems along Buchanan Drive.
Mr. Stiles felt that a right turn lane off 277 and a center -left turn on
eastbound 277 should be required, due to the additional units. He also
felt that VDOT should share in the cost.
Upon motion by Mr. Rinker and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
table, at the applicants request, the revised preliminary master
development plan #005 -89 of Georgetown Court for 89 townhouses on 12.92
acres, zoned RP. This property is located on the north side of Route 277,
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east of Stephens City, in the Opequon District.
PUBLIC HEARINGS
Rezoning Request #009 -89 of Lake Centre to rezone 4.1613 acres from RP
(Residential Performance) to B -1 (Neighborhood Business) for a shopping
center in the Shawnee District.
Action - Denied
Mr. Watkins said that the Board sent this item back to the Planning
Commission because a sign was not posted on the property seven days prior
to the public hearing.
Mr. Charles Maddox, engineer for the project, said that the site was
located on a major collector road planned for improvement, at the southeast
corner of State Route 642 and Chinkapin Drive at Lakeside Estates. Mr.
Maddox pointed out access, stormwater management areas, and sewer and water
lines.
Mr. Philip Groves, attorney representing the owner, Mr. Dave
Holliday, was present to answer questions.
Mr. Dave Holliday, owner and developer, described the type of
building to be constructed and presented a letter proposing hours of
operation. He said that approximately one year ago, he employed someone to
conduct a survey of the residents to see if they preferred a shopping
center or more townhouses at this location. Mr. Holliday said that 82% of
200 people surveyed were in favor of the convenience store versus
townhouses.
Upon motion by Mrs. Sherwood and seconded by Mr. McDonald, Mr.
Holliday's letter was made a part of the official record, as follows:
Dave Holliday Construction, Inc.
P.O. Box 2715
Winchester, Virginia 22601
July 5, 1989
Mr. Robert Watkins
Director of Planning, Frederick County Virginia
9 Court Square
Winchester, Virginia 22601
RE: 4.16 Acre Rezone Request #009 -89 Lake Centre
Dear Bob:
I am writing this letter for staff and planning to let all those concerned
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know that I wish to proffer the operating hours of the stores at Lake
Centre to be no earlier than 6 a.m. until no later than 11 or 12 p.m.,
depending on planner's recommendation.
I am doing this to let you know that I, as a builder /owner have the same
concerns as everyone else that the Lakeside area remains safe and
aesthetically pleasing for all who live there. Thank you.
Sincerely,
Dave Holliday
Chairman Golladay called for anyone in the audience who wished to
speak in favor of the rezoning and the following persons came forward:
Mr. Carroll Brown, a resident of Lakewood Manor, spoke in favor of
the shopping center because of the convenience for purchasing small grocery
items in lieu of traveling to Kernstown. Mr. Brown said that as long as
the building was aesthetically pleasing and the traffic concerns were
addressed, he had no problems with the convenience center.
Mr. Joel Stowe, a real estate broker and property owner of Lakeside,
felt this was a needed service for the area.
Mr. Chuck Hickey, resident of Lakewood Manor, felt that the
convenience center would have a positive impact on property values.
Mr. Randy Cornwell, resident of Lakewood Manor, spoke in favor of
the convenience center.
Chairman Golladay next called for persons wishing to speak in
opposition to the rezoning.
Mrs. Sharon Frye came forward and said that she represented a large
number of homeowners in the Lakeside Estates /Wakeland Manor area. Mrs.
Frye was opposed to any construction here because she felt this area was
originally deeded to Lakeview Townhouses as the Lakeside Recreation area.
Mrs. Frye was also opposed for the following reasons: 1) the convenience
center would encourage loitering; 2) the convenience store and a day care
center would increase the chances of a lake accident; 3) it would become a
hangout for school children; 4) traffic congestion would be increased; 5)
it would cause property values to decrease; 6) a precedent would be set
for future rezonings.
Mr. Greg Hall, resident at Aspen Drive in Lakeside, agreed with
statements made by Mrs. Frye. Other concerns of Mr. Hall were that 1) the
drainage problems in the area needed to be addressed; 2) there would be an
increased demand on an already over - burdened police department; 3) who
would assume the responsibility for upkeep of the appearance of the
shopping center.
Mrs. Margaret Hillyard, President of the Lakeview Townhouse
Association, made the following comments: 1) her mortgage company and
realtor said that the convenience center would have a negative affect on
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the value of her property; 2) a poll taken of residents of the Lakeview
townhouses determined that there was strong opposition to any commercial
development here; 3) the location of the Lakeside development made it
convenient to existing shopping centers in the area; 4) there was already
enough existing commercially -zoned land in the area; 5) the traffic
situation on Chinkapin Drive was unsafe.
Mr. Stiles said that money has been designated for improvements to
Route 642, from across the Opequon bridge east to Route 522, and
construction should commence in the spring.
Mr. Bob Suddith, resident at Lakeside, had concerns about the
drainage problems along Route 642 and in Lakeside.
Mr. Kenneth Frye, resident of Lakeside, presented a petition of 543
persons in the Lakeside area requesting that the Planning Commission deny
the rezoning request.
Upon motion made by Mr. Wilson and seconded by Mr. Rinker, the
Commission voted unanimously to make the petition part of the minutes.
(petition at end of minutes)
In response to the comments made by the citizenry, Mr. Maddox made
the following statements: 1) the road improvements to Routes 642 and 647
are currently being implemented; 2) no other land remains to be rezoned;
3) high speed traffic on major roads would be reduced if residents could
travel on local streets to get to a retail area; 4) stormwater management
will be met; Mr. Holliday has spent considerable amount of money in
stormwater management planning in developing Lakeside to this point.
Mr. Groves presented Mr. Holliday's petition of property owners who
were in favor of the commercial area.
Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald, the
petition was made a part of the official record. (petition inserted at end
of minutes)
Mrs. Sherwood presented a letter dated July 29, 1989 from Mr. James
L. Sylvester, President of the Lakeside /Wakeland Manor Homeowners
Association,regarding recreation areas. Upon motion made by Mr. Wilson and
seconded by Mr. Rinker, the Commission voted unanimously to make the letter
part of the official record. (letter inserted at end of minutes)
It was noted by the Commission that the purpose of the B -1 Zoning
District was to locate small retail areas where there is residential
development in order to reduce back and forth traffic to outlying areas.
It was also noted that the official county plat approved by the County does
not show this area as a recreational area. Some commissioners felt strong
obligation to the residents who did not want a commercial area located
here. Other commissioners felt that a convenience center was more
desirable at this location than more townhouses.
A motion was made by Mr. Wilson and seconded by Mr. McDonald to
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approve the rezoning, but the motion failed by the following vote:
YES (TO APPROVE) Copenhaver, McDonald, Wilson
NO: Marker, Sherwood, Golladay, DeHaven, Romine, Thomas
Upon motion made by Mr. DeHaven and seconded by Mr. Marker to deny
the rezoning,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
deny Rezoning Request #009 -89 of Lake Centre to rezone 4.1613 acres from RP
(Residential Performance) to B -1 (Neighborhood Business) for a shopping
center. This property is located on the southeast corner of State Route
642 and Chinkapin Drive at Lakeside Estates, in the Shawnee District.
The vote was as follows:
YES (TO DENY): Marker, Sherwood, Golladay, DeHaven, Romine, Thomas
NO: Copenhaver, McDonald, Wilson
Rezoning Application #010 -89 of Wilkins Development Corporation to rezone
2.388 acres from RP (Residential Performance) to B -1 (Neighborhood
Business) in the Stonewall District.
Action - Approved
The staff noted that it was appropriate to locate a neighborhood
business site on a major arterial or collector road in a location
surrounded by residential development.
Mr. James R. Wilkins, manager of the Wilkins Development
Corporation, stated that a crossover was not feasible at this point on
Route 7, however, there will be an east -bound access available.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Rezoning Request #010 -89 of Wilkins Development
Corporation to rezone 2.388 acres from RP (Residential Performance) to B -1
(Neighborhood Business) for commercial uses. This property is located on
the south side of Route 7, approximately 1/4 mile east of the intersection
of Route 656 South in the Stonewall District.
Rezoning Request #012 -89 of the Top of Virginia Development Corporation to
rezone 211.04 acres from RA (Rural Areas) to RP (Residential Performance)
for single and multi- family development in the Stonewall District.
Action - Tabled
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The staff felt that more information was needed from the applicant
on impacts to various county facilities, such as schools, emergency
services, parks and recreation, and solid waste service. It was also the
opinion of the staff that Route 661 did not have sufficient capacity to
support development on this property and adjoining properties.
Mr. Charles Maddox, project engineer, presented the plan to the
Commission. It was noted by Mr. Maddox that this application was submitted
prior to the July 1st deadline for proffering and conditional zoning. Mr.
Maddox requested tabling of the rezoning to allow him more time to complete
a traffic study and other county facility impact studies as requested by
the staff.
Chairman Golladay called for public comment on the rezoning and the
following people came forward to speak in opposition:
Mr. Manuel Sempeles, resident of the area, was concerned about
backup of the water system at the Hackwood property; he was concerned that
the increase in traffic would result in a need for Redbud Road to be
widened and extended; he was concerned about the need for protection of
wildlife in and around Redbud Run; and he felt there was a need to
recognize the hisorical value of the site of the Third Battle of
Winchester.
Mrs. McBride, adjoining property owner, was concerned about the
increase in traffic that would result with this development. She said that
her home is only 45' from the Route 661 right -of -way and she did not want
to see the road widened. Mrs. McBride was also concerned about water
runoff and wildlife protection.
Mr. Jim Harmon, resident of the Opequon Estates area, was concerned
about the increase in traffic and the impact on schools.
Linda Clemmer, owner of a Christmas tree farm on Redbud Road, said
that she could not imagine 500 -1,000 homes in the area, unless something
was first done about the sewer, roads, etc.
The commissioners next discussed the proposal with the applicant. A
question was raised on sewer and water availability and Mr. Maddox said
that they had full right and availability of sewer and water service to
this site. The Commissioners felt that the following points of concern
needed to be addressed: 1) development of this area would require access
back to Route 7 initially, so that not all the traffic would be channeled
onto Redbud Road; 2) planning on the property needed to be done in
conjunction with the planning on Hackwood, including the historic impacts;
and 3) protection of Redbud Run area was important and would have to be
addressed at the master plan stage. The Commission noted that this request
would be referred to the Historic Resource Board.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously agree to table Rezoning Request #012 -89 of the Top of Virginia
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Development Corporation until the next meeting. This property is located
two miles northeast of Winchester, just north of Route 7, south and
adjacent to Route 661, and east and adjacent to I -81, in the Stonewall
District.
Rezoning Request #013 -89 of Capitol Properties, Inc. to rezone 22.23 acres
from RA (Rural Areas) to B -2 (Business General) for a shopping center in
the Opequon District.
Action - Tabled
The staff expressed concern over the ability of Route 277 to carry
the traffic generated by the proposed rezoning. The staff felt that more
information was needed concerning the capacity of Route 277 and the types
of road improvements that might be proposed to alleviate such concerns.
Mr. Charles Maddox, with G. W. Clifford & Associates, was the
engineer representing this plan. Mr. Maddox requested that the Planning
Commission table this request in order to allow the applicant to complete
further traffic studies.
Mr. Stiles commented that this would require extending the sewer
service outside of the sewer service area. Mr. Stiles felt a statement
should be added to the Comprehensive Plan stating that, to be consistent
with the policy of allowing commercial and industrial development outside
of the urban development area, the county would allow extension of sewer
service outside of the designated sewer service area solely to serve
commercial and industrial property; and that extension would be sized, to
limit the service. Mr. Stiles felt service for this site would have to
come from the north and not from west at the Jamesway point, because it
would create service availability between Jamesway and this site.
Upon motion made by Mr. Thomas and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
table Rezoning Request #013 -89 of of Capital Properties, Inc. until the
next scheduled meeting. This property is located south and adjacent to
Route 277 and 1,750'+ east of Route 641, approximately 1.5 miles east of
Stephens City, in the Opequon District.
Rezoning Request #014 -89 of Mrs. Bruce E. Downing to rezone 1.791 acres
from RA (Rural Areas) to B -1 (Neighborhood Business) in the Stonewall
District.
Action - Approval
Mr. Bruce E. Downing came forward to represent Mrs. Bruce E.
Downing, the applicant, in this proposal. Mr. Downing said that since the
site is long and narrow, they feel that the only possible use of the
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property is B -1, Mr. Downing said that he understood the importance of
minimizing the impact on adjoining residential properties.
The Commissioners made the applicant aware that they would not be in
favor of a lot of entrances from this site onto Route 7.
Mr. Downing said that his intentions were to sell the property. He
also noted that only a certain portion of this property could be built on
due to the front and rear setbacks.
Mr. James Wilkins, adjoining property owner, had no objections to
rezoning of this property and he felt this was the only use the property
could be used for. Mr. Wilkins said that the master plan for Shenandoah
Hills called for 8 -10 acres to be a shopping center and the Transportation
Department took about eight acres when they dual - laned, resulting in narrow
strips of land remaining.
Mr. Hollsinger, an adjoining property owner, came forward to speak
in opposition. Mr. Hollsinger was concerned about the use planned for the
property and what affects it would have on him. He was only a short
distance from Route 7 and he was concerned about traffic.
Mr. David Smallwood, resident at 1608 Cardinal Drive, was concerned
about the type of buffer to be used to protect the residential areas. Mr.
Smallwood said that they are experiencing problems with some of the
existing business establishments with regard to trash and vermin.
Ms. Louise Hawthorne, adjoining property owner, had complaints about
the existing businesses in the area, regarding hours of operation, running
trucks, motorcycles, robberies, trash, and traffic accidents.
The Commissioners felt that the concerns raised could be addressed
at the site plan stage.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Rezoning Application #014 -89 of Mrs. Bruce E. Downing to rezone
1.791 acres from RA (Rural Areas) to B -1 (Neighborhood Business). The
frontage of this property begins at the corner of the east side of Blossom
Drive (Route 185) and the south side of Route 7 East in the Stonewall
District.
The vote on this application was:
YES (TO APPROVE:) Marker, Copenhaver, McDonald, Sherwood, Golladay,
DeHaven, Wilson, Romine, Rinker
NO: Thomas
An amendment to the Frederick County Code, Chapter 21, Zoning Ordinance,:
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which would add the preservation of historic sites and structures to the
list of possible conditional zoning proffers.
Upon motion made by Mr. Rinker and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve an amendment to the Frederick County Code, Chapter 21,
Zoning Ordinance, Article I, In General, 1 -5, Amendments to Chapter, as
follows:
1 -5- 6.3.10 Preservation of historic structures and sites on the land to be
rezoned.
ADJOURNMENT
The Planning Commission had no further business to discuss and
adjourned at 11:00 p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
J es W. Gol a ay, Jr. airman
7 mes
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