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PC_09-20-89_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House, Winchester, Virginia, on September 20, 1989. PRESENT Planning Commissioners present were James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice - Chairman; John Marker, Back Creek District; Roger L. Thomas, Citizen at Large; 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; W. Wayne Miller ABSENT: Carl M. McDonald, Gainesboro District CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Economic Development Commission Mr. Romine reported high levels of activity. Rural Issues Subcommittee Mr. Wilson reported on the subcommittee's September 11th meeting. Comprehensive Plan Subcommittee Mrs. Sherwood reported on the subcommittee's September 19th meeting. Sanitation Authority 2967 - 2 - Mrs. Copenhaver reported the following items from the September 13th meeting: 1) The Parkins Mill Plant is in full operation; 2) Lakeside will be shut down in September or October and changed to a surge and suppression facility; 3) A gravity flow agreement between the City and the Sanitation Authority was presented for approval. Transportation Committee Mr. Tierney reported that the Committee finalized the revisions to the Six -Year Plan. A public hearing is scheduled for October 2, 1989. Historic Resources Advisory Board Mr. Tierney reported on the Committee's September 19th meeting. The Committee is comprising a list of properties that might be recognized by the Board and they are also drafting some criteria that could be used in determining recognizable sites. APPOINTMENT OF PLANNING COMMISSION LIAISON TO THE HISTORIC RESOURCES ADVISORY BOARD Mr. Golladay appointed Mr. Roger Thomas to the Historic Resources Advisory Board as the Commission's liaison. MASTER DEVELOPMENT PLANS Master Development Plan #008 -89 of Valley Mill Village for 13 townhouses on 1.19 acres, zoned RP, in the Stonewall District. Action - Denied Mr. Swagler Koonce, the owner, and Mr. Allen Ebert, the surveyor, were available to present the plan and answer questions. The Commission had the following concerns: 1) 20' driveway width was too narrow and no turn - around areas were designated; 2) Access by emergency vehicles could be hampered due to width of driveways; 3) The density proposed was higher than surrounding existing developments. The Commissioners felt that more work was needed on the plan before it could be approved. Upon motion made by Mr. DeHaven and seconded by Mr. Rinker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny Master Development Plan X1008 -89 of Valley Mill Village for 13 townhouses on 1.19 acres, zoned RP. This property is located on Route 659, approximately 15 miles south of Route 7, in the Stonewall District. - 3 - 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. (This item was tabled from 9/6/89) Action - Sent to Board Without a Recommendation Chairman Golladay said that he would abstain from voting and discussion due to a possible conflict of interest. Staff noted that this item was tabled at the last Planning Commission meeting because some clarification was needed on the proffers. Mr. Watkins read the list of revised proffers, which included: 1) The western most 30 acres of land will be used for two manufacturing plants; 2) Applicant will not build roadway closer than 200 feet to the northern property line of David Grim, adjacent land owner; 3) The applicant will comply with all stormwater management regulations; 4) The eastern 30 acres will not be used as a restaurant, fish, poultry and meat processing or truck terminals; 5) As public sewer becomes available, the applicant will pay its prorated share based on the number of acres owned by the applicant as divided by the total number of acreage in the drainage area of the public sewer. Mr. Benjamin Butler, attorney representing the applicant, discussed some of the issues raised by adjoining property owners at the previous meeting. Mr. Frank Boggess of Century Steel was present to answer questions from the Commission on plant operations, noise level, etc. It was noted that a well and septic would be used for Phase I and they would hookup to public sewer and water for Phase II. Mr. DeHaven expressed interest in the applicant extending the buffer in a straight line along the northern property line, from Route 11 to I -81, which would cause the buffer to be 100' wide adjacent to the residences and 285' wide adjacent to the historic area. Chairman Sherwood called for anyone wishing to speak in favor or opposition to the rezoning. Mr. John Hood, employed by and representing the Winchester - Western Railroad, was in favor of rezoning this property. Mr. Hood was in favor of promoting industry in Frederick County to provide employment, improve the tax base, and to support the railroad. Mr. 0. L. Payne, adjoining property owner, was in opposition to the rezoning. Mr. Payne felt this location was not suitable for industrial zoning because of the nearby park, school, and historic property. He felt that the applicant should use areas of Frederick County that were already zoned for industry. Mr. Payne also felt that because of the topography, his property could not be buffered properly. A letter of opposition was presented from Payne Well Drilling, Inc. Upon motion made by Mr. DeHaven and seconded by Mr. Rinker, the letter was 2969 - 4 - made a part of the record by unanimous vote. (letter at end of minutes) Mr. Richard Ruckman, a resident from Stonewall District, made the following points on why he felt the proposed rezoning was not in compliance with the Comprehensive Plan. He stated that the Plan states that business and industrial uses should: 1) be located in the vicinity of interstate/ interchange areas; 2) be separated from residential uses; 3) need to be served by public sewer and water; 4) additional water and sewer extensions need to take place in the urban development area; 5) should be discouraged in the Clearbrook /Brucetown /Stephenson Rural Community Center. Mr. Ruckman also felt that the historical areas need to be recognized and protected. Mrs. .Joline Orndoff, adjoining property owner, spoke in opposition to the rezoning. Mrs. Orndoff said she visited a Century Steel site and it was very noisey. She felt that there were more appropriate sites in Frederick County.for this industry. Mrs. Orndoff felt that the long beams that the facility transports would create a hazard on the highway. She added that it would be difficult to buffer residential properties surrounding this property. Mr. Glenn Wilder, adjoining property owner, questioned what would be done if the applicant was ready to begin Phase II and public sewer and water had not yet been extended. Some members of the Commission felt that this property was too valuable to remain as agricultural land. They also felt that if the property was put to residential use, there would be more sewage disposal, traffic and noise problems. A motion was made by Mr. DeHaven to table the request until the next Planning Commission meeting in order for the applicant to consider additional buffering along the northern property line. This motion died for lack of a second. Mr. Romine moved to approve the rezoning. This motion was seconded by Mr. Thomas and the following tie vote resulted: YES (TO APPROVE): Copenhaver, Wilson, Romine, Thomas NO: Marker, Sherwood, DeHaven, Rinker ABSTAIN: Golladay (Mr. McDonald was not present.) Mr. Wilson made a motion to send the rezoning to the Board of Supervisors without a recommendation. This motion was seconded by Mr. Marker and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to send Rezoning Request #011 -89 of BHMSG Investments to the Board of Supervisors without a recommendation. This request was to rezone 59.709 acres from RA (Rural Areas) to M-1 (Industrial Limited) for a 2970 - 5 - steel fabricating facility on Route 11 North, opposite its intersection with Route 664, in the Stonewall District. Rezoning Request #015-89 of Pentathlon Corporation to rezone .66 acre from RP (Residential Performance) to B -2 (Business General) for offices in the Stonewall District. (This item was tabled from 9/6/89.) Action - Approved Staff noted that this item was tabled at the previous Planning Commission meeting and a revised proffer statement was submitted to state that: 1) the proposed use shall be professional /business offices; and 2) all entrances /exits shall be located as far as possible from the intersection of Valley Mill Road and Berryville Avenue. Mr. Stephen M. Gyurisin, Vice President of Development for Pentathlon Corporation, felt the proposed rezoning was within the realm of the Comprehensive Plan. 'Mr. Gyurisin noted that the property was located on Valley Mill Road and Old Berryville Avenue and not on Route 7. He added that Berryville Avenue acts as a service drive for this property. Mr. Stiles asked "if the applicant would be agreeable to a one -way traffic flow and Mr. Gyurisin said that they would agree to that and make the notation on the site plan. Chairman Golladay called for anyone in the audience wishing to speak and Mr. Walter Painter, an adjoining property owner, came forward. Mr. Painter felt this rezoning would set a precedent for future rezonings in the area. 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 #015 -89 of Pentathlon Corporation to rezone .66 acres from RP (Residential Performance) to B -2 (Business General) for offices. This property is located on the southeast corner of the intersection of Valley Mill Road and Berryville Avenue, in the Stonewall District. OTHER REVISION TO THE TUDOR SQUARE SITE PLAN Staff noted that the Tudor Square site plan was approved with the specification for a tot lot. The owner /developer and homeowners association has stated that they did not want a tot lot because this was mainly a retired persons community. Mr. Michael Bryan, owner and developer, was present to answer 2971 - 6 - questions from the Commission. Discussion ensued on whether the staff could administratively approve an alternative recreational facility or if it would have to come back before the Commission for approval. Mr. Rinker moved to eliminate the tot lot and asked the staff to work with the developer on an alternative adult recreational facility for administrative approval. This motion was seconded by Mr. Thomas and the following vote took place: YES (TO APPROVE): Marker, Copenhaver, Sherwood, Romine, Rinker, Thomas NO: Wilson, DeHaven, Golladay ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:40 p.m. Respectfully submitted, James W. Golladay, Jr. Chairman Robert W. Watkins, Secretary 2972 - 7 - O. L. Payne G. L. Payne - - M. L. Payne PAYNE WELL DRILLING, INC. Pumps & Service Rt. 8, Box 668 Winchester, Va., 22601 Phone 662 -4957 September 14, 1989 Robert Watkins P. 0. Box 601 Winchester, VA 22601 Dear Mr. Watkins, I am writing this letter in regard to the Rezoning Application #011 -89 to rezone 59.709 acres from RA (Rural Areas) to M -1 (Industrial Limited). The property is located at U.S. Rt. 11 North near Stephenson. This rezoning will result in the sale of this property owned by B. J. Lovett to BHM & G Investments. This investment group will relocate a steel manu- facturing plant into this highly residential' /agricultural area. I attended the rezoning meeting September 6, 1989 regarding this matter. Only one (1) individual stood and was in agreement with the rezoning. We have found this gentleman to be employed by the Winchester Western Railroad. This rezoning proposal would be most profitable for the railroad. I would now like to list my concerns regarding this rezoning proposal: 1. The property in question is highly visible from many angles. Very open land. There is no natural barrier (such as trees or hills) to hide any of the manufacturing buildings. The proposed site would locate the plant on a knoll and no type of roadside fence or blockade could camouflage the business. 2. This plant waild cause considerable congestion for the area traffic. Rt. 11 is highly travelled at this time and the speed limit has recently been reduced to 45 MPH and also there is no passing (single -lane traffic) implemented in order tohelp avoid accidents. Also, consider Stonewall Elementary school which is only .6 of a mile away from this rezoning site. The plant would cause considerable congestion for school traffic in the mornings and afternoons. Would traffic lights have to be installed on Rt. 11? The safety factor would be an important item to consider. I StY�8M III 2973 C September 14, 1989 Rezoning Page 2 3. Emmanuel Methodist Church would be affected if this steel plant operates (as most do) on Sundays. From my research, this manufacturer is a very noisy operation. This also is going to affect our community. 4. Consider our local history. Kenilworth - a landmark for Frederick County - will be hurt by an industrial plant at its side. Revenue is important, but so is our heritage. 5. This area is highly residential. At the September 6th meeting, all the adjoining homeowners spoke against this rezoning. Also in my conversation with most of the people in the Stonewall District, no one wants to have this plant on Rt. 11. How will this plant affect area property? Will their wells be contaminated? Will the noise level be intolerable? Traffic problems on a two lane highway. There are many factors to be considered. My main concern is how the land in our area is going to be used, and how it will affect my home and community. Why have a plant built on a prime artery in Frederick County? This site is directly across from the Methodist Church, 3 /10ths of a mile from the Frederick County Fair /Ruritan grounds, 5 /10ths of a mile from the Stonewall School, 7 /10ths of a mile from the Clearbrook Park, next door to historical property and agricultural land. The Stonewall Industrial Park is only 2.2 miles away. I feel this is the only appropriate location for this new manufacturer to locate. Is that not the intention of the Industrial Park area? To draw new business to an established location with all the necessary requirements for thm for setup already met. I sincerely hope that you will feel my concern for my community and evaluate all of the questions I have raised. Please call me at 662 -4957 anytime so I may show you this property firsthand.and give you a better understanding of my objection to this: rezoning proposal. Sincerely yours, L�-O�e P 0. L. Payne OLP /plp cc: Frederick county Planning Commission Members 2974