PC_09-06-89_Meeting_MinuteslaDDY 01.1ei v i 4Z Li#t*1
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House, Winchester,
Virginia, on September 6, 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; and Marjorie H. Copenhaver,
Citizen at Large; George L. Romine, Citizen at Large
Kenneth Y. Stiles, Board Liaison
Planning Staff present were: Robert W. Watkins, Secretary;
Kris C. Tierney; Evan A. Wyatt; and Wayne Miller
ABSENT Roger L. Thomas, Citizen at Large.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES
The first order of business was the consideration of the minutes of
August 2, 1989 and August 16, 1989. Upon motion made by Mr. Romine and
seconded by Mr. McDonald, the minutes of August 2, 1989 were unanimously
approved as presented. Upon motion made by Mr. Rinker and seconded by Mrs.
Sherwood, the minutes of August 16, 1989 were unanimously approved as
presented.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
COMMITTEE REPORTS
Ordinance Committee
Mr. McDonald reported that the Ordinance Subcommittee worked on
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underground utilities in RP Districts.
Transportation Committee
Mr. Tierney reported that the Transportation Committee reviewed the
Six -Year Road Improvements and Hard Surfacing Plan and have determined
which sections will be added with their priority rankings. He said that a
public hearing date has been set for October 2, 1989.
MASTER DEVELOPMENT PLANS
Revised Master Development Plan #004 -89 of Wakeland Manor for single -
family lots and townhouse units in the Opequon District.
Action - Approved
The staff reported that the applicant was granted permission to
build on Phase I; however, he has requested that he be permitted to
relocate the Phase I line to encompass both sides of the road. Staff noted
that it would be impractical for the developer to construct the road and
then only be able to build on one side of the road.
Mr. Rex Wakeman, the applicant, said that the reason for the change
was cost effectiveness.
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 revision to Master Development Plan #004 -89 of
Wakeland Manor for 393 single - family lots and 219 townhouse units on 298.2
acres, zoned RP, and located on the north side of Route 642, east of the
intersection with 647, in the Opequon District.
PUBLIC MEETING
Master Development Plan $007 -89 of Brookland Estates for single- family
detached cluster and urban lots in the Shawnee District.
Action - Approved
Mr. Charles Maddox, engineer with G. W. Clifford & Associates,
presented the plan to the Commission.
Staff noted that the connection with Hunter Run Road in the
Brookland Heights Townhouse development, through to Milam Drive in
Frederick Heights, had the potential to significantly increase traffic in
both existing developments, but especially on Milam Drive.
The Commissioners preferred that traffic to Senseny Road be funneled
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through Williamson Road rather than Milam Drive because Williamson Road was
a much better street. They felt the applicant should de- emphasize the
connection with Milam Drive and emphasize the one on Williamson Road.
Mr. Perry Crabill, resident on Milam Drive in Frederick Heights, was
pleased that the development proposal called for single - family homes
becasuse it was in character with adjoining Frederick Heights; however, he
was concerned about the proposal for bridges across Abrams Creek. He was
afraid it would cause high -speed traffic down Milam Drive to Berryville
Avenue and I -81.
Mr. James Philips, resident at 439 Ridge Road, felt that adjoining
property owners should have been notified earlier of the public meeting.
Mr. Philips was concerned that the roads were not adequate to handle
increased traffic; that there would be a shortage of water supply and
inadequate sewage service; and that the schools would become overcrowded.
Mr. David Weir, resident on Milam Drive in Frederick Heights, was
concerned about the safety of neighborhood children in light of increased
traffic. He felt that Milam Drive could not handle the increased traffic
and requested that the developers find another entrance.
Mrs. Alice Welsh, resident on Ridge Road, was concerned that the
increase in homes would create the need for another sewage system,
resulting in increased monthly rates.
Mr. John Dorsey, resident on Ridge Road, expressed concern about the
safety of neighborhood children in light of increased traffic. He also
felt that existing schools would not be adequate.
The Commissioners felt that the following items should be addressed
on the final master development plan: 1) Traffic should be channeled off
Milam Drive onto Williamson Road. It was noted that the intersection with
Senseny Road at Milam Drive was not nearly as desirable for high volume
traffic as the intersection with Williamson Road. 2) The Commissioners
were in favor of waiving the requirement that 50% of the open space not be
in steep slopes. They felt that if this open space requirement was
enforced, it would lead to townhouse development on the site. 3)
Consistency of lot sizes should be maintained adjacent to Frederick Heights
(roughly 12,000 square feet).
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Preliminary Master Development Plan #007 -89 of
Brookland Estates for single- family detached cluster and urban lots on
103.22 acres, zoned RP. This property is located south of Brookland
Heights townhouses and State Route 659 (Valley Mill Road) and north of the
Frederick Heights subdivision, in the Shawnee District.
PUBLIC HEARINGS
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Conditional Use Permit #012 -89 of Charles and Dolores Middleton for a VCR
Repair Shop in the Gainesboro District.
Action - Approved
Mr. Charles Middleton, the applicant, was present to answer
questions. It was noted that Mr. Middleton's closest neighbor was 1 /10
mile away. It was also noted that the business was strictly repair and
that no video tapes would be rented or sold.
No one was present to speak in opposition.
Upon motion by Mr. McDonald and second by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #012 -89 of Charles and Dolores
Middleton for a VCR Repair Shop located 300' west of Apple Ridge Road, on
the south side of Route 522, in the Gainesboro District.
Rezoning Request #011 -89 of BHM &G Investments to rezone 59.709 acres from
RA (Rural Areas) to M -1 (Industrial Limited) for a steel fabricating
facility in the Stonewall District.
Action - Tabled
Chairman Golladay said that he would abstain from discussion and
vote due to a possible conflict of interest.
Staff noted that the applicant has proffered that the westernmost 25
acres of the tract, along with an additional 4.75 acres, will be utilized
for construction of plant facilities for Century Steel Products and
Superior Iron Works. Staff noted that this use, along with the proposed 70
employees, should have minimal impact on the 30 acres.
Mr. Benjamin Butler, attorney representing the applicant, said that
the principals of the partnership would be Frank Boggess, Neil Hall,
Richard Morgner, Gary Hall, Spike Gunder, and Brown Lovett, Jr., the
property owner. Mr. Butler described the type of operation conducted by
Century Steel Products and Superior Iron Works.
Mr. John Hood, office manager for the Winchester and Western
Railroad, encouraged the Commission to approve this rezoning and to approve
other inactive agricultural land in Frederick County for rezoning in order
to support the railroad industry.
Mr. 0. L. Payne, adjoining property owner, felt that more
information on the impacts to the county were needed before the rezoning
was approved. Mr. Payne was concerned about taxpayers footing the bill for
running water and sewer down Route 11 North.
Mr. David Grim, adjoining property owner, objected to the proposed
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entrance location. His home was located in a flood plain and he was
concerned that water runoff from the 60 acres would end up on his property
and in his basement. Mr. Grim asked if the undeveloped 30 acres would be
mowed.
Ms. Cookie Shuster also felt that the water and sewer situation
should be studied before this was approved. She was concerned that
neighborhood wells would be polluted and damaged, forcing them to use
public water and sewer. She also noted that the area was swampy and she
was concerned about water runoff.
Ms. Joline Orndoff, adjoining property owner, felt that the entire
60 acres should not be rezoned at this time. She was also concerned about
the traffic on Route 11 North.
Mr. Glenn Wilder, adjoining property owner, was concerned about
impacts on the neighborhood.
Mr. Frank Boggess, the applicant and contract purchaser, said that
he would be willing to reposition the entrance road and he would also be
willing to pay his share to run the sewer line down Route 11. Mr. Boggess
said that the engineers he has employed would make sure local wells were
not damaged or contaminated.
The Commissioners noted that the severe drainage problems at the
front of the property would have to be addressed at the master planning and
site planning stages. The Commissioners felt that this rezoning should be
tabled until the next meeting in order to study the additional proffers
presented.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
table Rezoning Request #011 -89 of BHM &G Investments to rezone 59.709 acres
from RA (Rural Areas) to M -1 (Industrial Limited) until their next meeting
in order to further study additional proffers. This property is located at
U.S. Route 11 North, opposite its intersection with Route 664, at
Stephenson.
The vote on this application was:
YES (TO TABLE): Marker, Copenhaver, McDonald, Sherwood, DeHaven, Wilson,
Rinker
NO: Romine
ABSTAIN: Golladay
(Mr. Thomas was not present)
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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. (This item was tabled from 8/16/89.)
Action - Approved
Staff noted that the applicant has submitted detailed proffers
regarding transportation, screening and buffering, sewer, stormwater
management, and phasing. Staff also noted that this development would have
substantial traffic generation on Route 277.
Chairman Golladay said that the proffers offered for this property
addressed the concerns of the Planning Commission and Board of Supervisors.
Charles Maddox, engineer of the project, was present to answer
questions.
Upon motion made by Mr. Romine and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Rezoning Request #013 -89 of Capitol Properties to
rezone 22.23 acres from RA (Rural Areas) to B -2 (Business General) for a
shopping center 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. (This item was tabled from 8/16/89)
Action - Approved
Mr. Bruce Downing, representing the applicant, presented a plat
showing how the property could be developed in relation to building
location, front and rear setbacks, and entrances.
Chairman Golladay noted that this request was sent back to the
Planning Commission by the Board of Supervisors in order to determine if
the property could be developed in light of design difficulties associated
with the property.
The Commissioners were satisfied that the property could meet the
necessary requirements for development.
Upon motion made by Mr. DeHaven and seconded by Mr. Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Rezoning Request #014 -89 of Mrs. Bruce E. Downing to
rezone 1.791 acres from RA (Rural Areas) to B -1 (Neighborhood Business).
This property is located at the corner of the east side of Blossom Drive
(Route 185) and the south side of Route 7 East, in the Stonewall District.
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Rezoning Request #015 -89 of Pentathlon Corporation to rezone .66 acre from
RP (Residential Performance) to B -2 (Business General) for a real estate
sales and associated office in the Stonewall District.
Action - Tabled
Mr. Rhett Weis, attorney representing Pentathlon Corporation,
addressed the proposed rezoning in relation to the County's Comprehensive
Plan.
Mr. Stephen M. Gyurisin, Vice President of Development for
Pentathlon Corporation, presented a concept plan for development of the
property.
Mr. Walter Painter and Mrs. Viola Gay Smith, adjoining property
owners, came forward to speak in opposition to rezoning. Mr. Painter said
that there was a serious traffic problem at this intersection. He noted
that he was not necessarily opposed to an office, but he was opposed to a
24 -hour business, such as a convenience store.
Mrs. Smith reiterated the concerns of Mr. Painter regarding traffic.
Mr. David Sissler, adjoining property owner, was also in favor of an
office use at this location rather than a 24 -hour business.
In light of the concerns of the neighbors, Mr. Gyurisin requested
that the Planning Commission table this request so that he could submit in
writing that a professional office would be located on the property and
that the driveways would be constructed as presented.
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, until the Planning Commission's next meeting,
Rezoning Request #015 -89 of Pentathlon Corporation to rezone 1.041 acres
from RA (Rural Areas) to B -2 (Business General), located at the southeast
corner of the intersection of Valley Mill Road and Berryville Avenue, in
the Stonewall District.
Rezoning Request #016 -89 of Richard A. Keeler to rezone 1.041 acres from RA
(Rural Areas) to B -2 (Business General) for a convenience store in the
Opequon District.
Action - Tabled
Staff noted that this site was in the vicinity of substantial
business activity in Middletown at the Route 627 intersection. The staff
noted that rezonings that extend the business corridor north along Route 11
may not be appropriate because of the limited capacity of Route 11.
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Mr. Richard A. Keeler, owner and applicant, said that if the
Planning Commission had difficulties with rezoning this property, he would
be willing to request a conditional use permit for a convenience store in
lieu of rezoning.
Mrs. Copenhaver moved to table this request until the next meeting
so that the applicant could decide whether he wanted to apply for rezoning
or a con i itional use permit. This motion was seconded by Mr. McDonald.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously table until their next meeting, Rezoning Request #016 -89 of
Richard A. Keeler to rezone 1.041 acres from RA (Rural Areas) to B -2
(Business General) for a convenience store to be located on the west side
of Route 11, directly across from the entrance to Lord Fairfax Community
College, on the southeast corner of Route 634, in the Opequon District.
Rezoning Request #017 -89 of Lynn E. Tedrow to rezone .98 acre from B -1
(Neighborhood Business) to B -2 (Business General) for a restaurant in the
Opequon District.
Action - Denied
Mr. McDonald abstained from discussion and vote due to a possible
conflict of interest.
A letter of opposition was presented from Mr. William L. Stiebel, an
adjoining property owner. Mr. Wilson moved and Mr. Romine seconded the
motion to make the letter from Mr. Stiebel a part of the record. This
motion was unanimously passed. (letter at end of minutes)
Mr. Robert Mitchell, attorney representing Lynn Tedrow, said that
Mr. Tedrow has an ownership interest and is general manager for the Pizza
Huts in the area. He said that the proposed rezoning was specifically for
a Pizza Hut restaurant.
Mr. Charles Maddox, engineer for this project, presented the site
characteristics of the property.
The following persons came forward to speak in opposition:
Mr. Robert Rousseau, resident of Plymm -Owen Estates, presented a
petition signed by 67 residents of the Plymm -Owen Estates who were in
opposition to the rezoning. He also presented a letter of opposition from
Mr. Ulysses Carriker, also a resident of Plymm -Owen Estates. Mr. Rousseau
had objections because Pizza Hut restaurants stay open until 1:00 a.m. on
Fridays and Saturdays, beer is served on the premises, and the traffic
problems at this location.
Upon motion made by Mr. DeHaven and seconded by Mrs. Sherwood, the
letter from Ulysses Carriker was made a part of the official record by
unanimous vote. (letter at end of minutes)
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Upon motion made by Mr. Rinker and seconded by Mr. Marker, the
petition from the residents of Plymm -Owen was made part of the record by
unanimous vote. (petition at end of minutes)
Mrs. Cynthia Layman, adjoiner, had concerns about alcohol being
served on premises, increased traffic problems, and safety problems for
children going to Pizza Hut from school.
Mrs. Loy, adjoiner, had the following concerns: 1) late hours of
operation; 2) excessive traffic and truck deliveries; 3) safety for
neighborhood children due to.increased traffic; 4) noise 5) serving of
alcohol on premises; 6) use of her street as a turn - around.
Mrs. Frieda Courtney, adjoining property owner at 5391 Downing
Drive, said that a Wendy's restaurant adjoined her property on one side and
she didn't want to have the Pizza Hut restaurant adjoin her on the other
side.
Mr. Harden Humphreys, resident of Plymm Owens, said that he is
getting odors and litter from the Wendy's and McDonald's restaurants and he
was not in favor of another restaurant.
Mr. Eric McCauley, 5361 Downing Drive, had the following concerns:
1) setting a precedent for more rezonings; 2) late operating hours; 3)
serving of alcoholic beverages; 3) lights shining on residential
properties; 4) traffic.
Mrs. Lorretta Busso, 5282 Downing Drive, had concerns about noise.
Chairman Golladay noted that the Commission had gone to great
lengths to keep this area B -1 because of the residential neighborhood. It
was noted that Route 647 has serious traffic problems and that a precedent
would be set, if this was approved, for other rezonings here.
Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
deny Rezoning Request 0017 -89 of Lynn E. Tedrow to rezone .98 acre from B -1
(Neighborhood Business) to B -2 (Business General) for a restaurant on Route
647, just north of Route 277, in the Opequon District.
The vote was as follows:
YES (TO DENY): Marker, Copenhaver, Sherwood, Golladay, DeHaven, Wilson,
Romine, Rinker
ABSTAIN: McDonald
(Mr. Thomas was not present)
ORDINANCE AMENDMENTS
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An ordinance requiring underground utilities in RP and R -4 developments.
The Commission felt that the MH -1 District should be included in the
advertisement for this amendment.
No action was required at this time.
WAIVING DEVELOPMENT REVIEW FEES FOR FIRE AND RESCUE
Staff noted that the Ordinance Subcommittee has recommended that
development review fees be waived for fire and rescue squads.
Upon motion by Mr. Rinker and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend to the Board of Supervisors that development review
fees be waived for fire and rescue squads.
An TnTiRNMRNT
No further business remained to be discussed and the meeting
adjourned at 11:10 p.m.
Respectfully submitted,
James W. Golladay, Jr. Chairman
Robert W. Watkins, Secretary
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William L. Stiebel
Rt. 2 Box 1
Stephens City, Va. 22655
County of Frederick
August 30, 1989
Dept. of Planning and Development
9 Court Square
Gentlemen:
I am writing this letter because I will be out of town and unable to
attend the Planning Commission meeting on September 6, 1989,in order to
express my views concerning rezoning application #017 -89.
As adjoining property owner, my first reaction to having a Pizza Hut
next door was favorable. Not only would my property undoubtedly increase
in value, but the additional revenue to the county could well be used for
much needed county beautification programs. My initial feelings, however
quickly changed to one of serious concern.
My chief concern for the adjoining properties is increased vandalism
and abuse generated by a restaurant operating well after my dental
office has closed in the evening. The temptation to trespass, abuse, and
vandalize my property would greatly increase from its already unacceptable
levels.
If the Planning Commission does, indeed, approve the rezoning request,
I urge consideration of the following recommendations:
1) Natural and man -made screening must be adequate to ensure the
protection of the residential and commercial /professional neighbors.
Although this would surely mean increased costs for the developers, the
result would enhance the safety of the neighbors as well as the beauty of
the neighborhood. I recommend requiring screening between my office and
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the proposed improvement. This fencing should prevent any crossing from
one lot to the other without first exiting onto Route 647. The screening
should also be environmentally suitable and esthetically pleasing (e.g. no
anchor fencing). A naturally planted birm is suggested behind the
restaurant to screen it from the residential neighbors and prevent
crossing to and from the neighborhood.
2) A landscape plan for the restaurant should be submitted to
the Planning Commission and approved prior to construction. Particular
attention should be paid to the location and screening of the trash
receptacles.
3) An exterior lighting plan should be submitted to the Planning
Commission and approved prior to construction.
As workers and taxpaying residents of Frederick County, we all have
a duty to maintain and strengthen its commercial growth. However,
along with this responsibility comes that of assuring the safety and
beauty of our county. The financial cost for these concerns must be borne
by those wishing to develop property in our county: The members of the
Planning Commission are urged to lead the way by requiring that these
criteria be met as a pre- requisite for this and all future site plan
acceptance.
Respectfully submitted,
William L. Stiebel, D.D.S.
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30 August 1989
We the undersigned citizens and voters of Plymm -Owen Estates of
Frederick County, Virginia respectfully demand that the parcel of
land located on route 647 adjoining Dr. Stiebels' office remain
as B -1 zoned property.
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30 August 1989
We the undersigned citizens and voters of Plymm-Owen Estates of
Frederick County, Virginia respectfully demand that the parcel of
land located on route 647 adjoining Dr. Stiebels' office remain
as B -1 zoned property.
C
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WMAN
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NAME ADDRESS DATE
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30 August 1989
We the undersigned citizens and voters of Plymm -Owen Estates of
Frederick County, Virginia respectfully demand that the parcel of
land located on route 647 adjoining Dr. Stiebels' office remain
as B -1 zoned property.
ff6Y -77 7 `
296-4
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30 August 1989
We the undersigned citizens and voters of Plymm -Owen Estates of
Frederick County, Virginia respectfully demand that the parcel of
land located on route 647 adjoining Dr. Stiebels' office remain
as B -1 zoned property.
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w,AMn rnnocec nnmc
=i=
September 6, 1989
To the Frederick County Planning Commission:
When I was transferred to this area, I was looking for a home, not a
house. I looked in all areas of Clark and Frederick Counties as well
as Loudoun County and even West Virginia. I was looking for the
usual things one looks for when relocating - -good location, good
schools, responsible local government, stable property value, etc.
Above all, I was searching for a quiet, peaceful neighborhood where
I could relax and be away from traffic, noise, bright lights, and
other disturbing influences.
The main concern I had about the Plymn Owens area was the vacant
strip of land along Route 647 and its possible future use. I was
informed the entire strip was zoned B -1 and could be used for B -1,
community - compatible, purposes only. Before making my final
decision to purchase my property, I called the appropriate Frederick
County offices for verification. I was told that there was a "master"
County development plan which had recently been completed which
included the strip of land in question in B -1 zoning. When I
inquired about existing businesses along Route 647 that didn't seem
to me to fall under a B -1 category, I was informed that they had
been "grandfathered in" and when they ceased to exist, the
property could be used for B -1 purposes only. When I asked if
there was a possibility the strip in question would be downzoned for
other usage, I was assured that the intentions of the County were
that it remain B -1 and be used only for purposes compatible with a
residential neighborhood. On the strength of this reassurance, I
purchased my property.
Since this latest threat to our community has arisen, this potential
problem has been discussed with several realty companies. All
expressed the opinion that not only will property valuations decrease
if this rezoning is allowed, but also the desirability of property in
Plymn Owens will decrease, thus making it more difficult and
time - consuming to sell. If this spot rezoning is allowed to take place,
I cannot help but feel betrayed.
I speak not only for myself, but for my neighbors, as I respectfully
implore this Commission to not approve this request for rezoning
which will surely open the floodgates for B -2 rezoning along the
entire strip.
Ulysses Carriker
5323 Downing Drive
Plymn Owens Estates
Stephens City, Virginia 22655
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