PC_11-15-89_Meeting_Minutes1
MEETING MINUTES
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Courthouse in
Winchester, Virginia on November 15, 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; Roger L. Thomas, Citizen at
Large; Marjorie H. Copenhaver, Citizen at Large; and Kenneth Y.
Stiles, Board Liaison. Planning Staff Present Were: Robert W.
Watkins, Secretary; Kris C. Tierney; W. Wayne Miller 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
The first order of business was the consideration of the
minutes of November 1, 1989. Upon motion made by Mr. Marker and
seconded by Mr. McDonald, the minutes were unanimously approved as
presented.
BIMONTHLY REPORT
Chairman Golladay accepted the bimonthly report for the
Commission's information.
COMMITTEE REPORTS
Rural Issues Subcommittee
Mr. Wilson reported that the Rural Issues Subcommittee
met on Monday, November 13th, and discussed mapping and community
centers.
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Comprehensive Plan Subcommittee
Mrs. Sherwood reported that the Comprehensive Plan
Subcommittee met on Tuesday, November 14th, and discussed proposals
for business corridors.
Sanitation Authority
Mrs. Copenhaver reported that the Sanitation Authority
(S.A.) met on Monday, November 13th, and discussed the following:
1) The Parkins Mill expansion, which requires a joint board
meeting, has been tabled. The S.A. plans to ask the Water Control
Board for a million and a half gpd treatment plant. 2) The S.A.
has rented a self - propelled T.V. to inspect sewer lines. 3)
Regulations have been changed for water haulers using hydrants;
only four hydrants are to be used. 4) Contracts have been sent to
the property owners in the Stonewall Industrial Park regarding the
water tank. 5) Camp 7 water line is in operation again, however,
the Regional Jail Authority will have to get consent from the City
of Winchester and Clarke County. 6) Work is continuing on the
water source study; it has been recommended that a well be drilled
next to the quarry.
SUBDIVISIONS
Subdivision for Star Fort Estates for patio homes on property zoned
RP (Residential Performance) and located in the Stonewall District.
Action - Tabled
Mr. Bruce Edens, engineer with Greenway Engineering &
Surveying Company, was present to represent this subdivision.
Concern was raised by the Commission on the detention
capability of the swale between lots 11 and 12. There was concern
that flood damage could occur on surrounding lots. Mr. Edens said
that the lots would be graded high enough to eliminate the danger
of flooding.
The staff commented that both the County's engineer and
the applicant's engineer have had considerable discussions on
drainage over the last couple months.
Some of the Commissioners felt that because of the water
runoff concerns, a flood line should be indicated on the site plan.
They also felt that either grading lines should be shown on lots
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9, 10 and 11 or ponding areas should be indicated.
Thomas,
Upon motion made by Mr. DeHaven and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table the subdivision request of Star Fort Estates in order
for the applicant to revise the plans to indicate a possible
solution to the drainage concerns as indicated above. This request
was for 16 lots located north of Winchester, on the southeastern
side of proposed Pennsylvania Avenue Extended, in the Stonewall
District.
PUBLIC HEARINGS
Rezoning Request #004 -88 of Robert and Kitty Hockman to rezone 46.5
acres from RA (Rural Areas) to M -1 (Industrial Limited) in the Back
Creek District.
Action - Approved
Mr. John Marker abstained from discussion and voting on
this rezoning due to a possible conflict of interest.
Staff noted that additional traffic on Route 651 should
be addressed. Staff also noted that the major area of concern
previously discussed by the Commission, regarding who would provide
the sewer service, had been resolved. A letter from the
Winchester - Frederick County Industrial Development Corporation,
owner of the adjoining industrial park, had been received. Staff
noted that development is underway throughout that park and they
feel that additional capacity in their lines is available for this
particular site.
Mr. Michael Bryan, representing the Hockmans, said that
the necessary jurisdictions of the City and County have given their
consent and water and sewer will be provided. He noted that
capacity will be determined at the time a use for the property is
made.
Mr. Carlisle McDonald, adjoining property owner, spoke
in favor of this rezoning. Mr. Carlisle McDonald also spoke in
favor of the County's Comprehensive Plan.
Mr. Stiles explained that the only provision for sewer
in this area was through the line that extended across the G.E.
property to the Industrial Development Corporation property. He
noted that this line has been reserved by both G.E. and I.D.C. in
the total capacity. The availability of sewer for the Hockman
property is coming from the share that was allocated to the I.D.C.,
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which they have determined they have no need for. Mr. Stiles said
that it took a four -way agreement between the City, the County, the
I.D.C. and G.E. to allow for the provision of the service. In
addition, he said that the issue of who would provide sewer service
to the Kernstown area has been a subject of considerable discussion
ever since the G.E. plant located in that area. He explained that
if the City provided service, it would leave that area of Frederick
County vulnerable to annexation by the City. Mr. Stiles noted that
the questions that were addressed with the Hockman property would
not necessarily be addressed with rezoning of property in other
areas of the County.
Wilson,
Upon motion made by Mrs. Copenhaver and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve Rezoning Request #004 -88 of Robert and Kitty Hockman
to rezone 46.5 acres from RA (Rural Areas) to M -1 (Industrial
Limited). This property is located on Route 651, on the south side
of Route 37 about 1/4 mile, in the Back Creek District. The vote
was:
YES (TO APPROVE) : Copenhaver, McDonald, Sherwood, Golladay,
DeHaven, Wilson, Rinker
NO: Thomas
ABSTAIN: Marker
--------------- - - - - --
PUBLIC MEETING
Master Development Plan #011 -89 of Huntington Meadows for single -
family detached cluster homes, townhouses and apartments on 58.7192
acres, zoned RP, in the Stonewall District.
Action - Tabled
Mr. Charles Maddox, engineer with G. W. Clifford &
Associates, was representing this application. Mr. Maddox
requested that this application be tabled because an agreement had
recently been reached with an adjacent property owner to upgrade
and improve the existing transportation system. Mr. Maddox said
that this site will also play a part in implementing the Sanitation
Authority's plan to extend water service across I -81 to the Middle
Road /Route 7 corridor, thereby providing a northern link in the
water system for Frederick County.
Commissioners requested that the ponding areas be
indicated on the plan and that recreation areas be addressed.
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Mr. Tim Youmans, Director of Planning for the City of
Winchester, said that the Winchester City Council has reviewed this
item and its impacts on City facilities and streets. He said that
the City has a number of concerns about traffic, drainage and
impacts on services (fire, police) and the residential
neighborhood. Mr. Youmans said that since the applicant has
requested tabling, he would present the City's concerns at the next
meeting.
Ms. Vickie Michaels, an adjoining property owner, thought
this property was zoned light industry, not residential.
Mr. Donald Mort, an adjoining property owner, was
concerned that this development would add to the existing traffic
problems on Berryville Avenue.
Rinker,
Upon motion made by Mr. DeHaven and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table Master Development Plan #011 -89 of Huntington Meadows
until December 6, 1989. The vote was unanimous with Mr. Wilson
abstaining from vote.
Preliminary Master Development Plan #006 -89 of Wheatlands for 1,760
single - family residences and 40 townhouse units, village centers,
school site and future development on 926.266 acres, zoned R -5, in
the Opequon District.
Action - Tabled
Mr. Robert Sevila, attorney representing the Intergate
Company, the applicant, came forward and gave a brief history of
the project. Mr. Sevila said that the 180 -acre lake and park is
owned by the State and will be managed by the Virginia Department
of Game and Inland Fisheries. He said that since filing the
initial application they have changed the number of single - family
residences to 1,584 and townhouses to 216 for a total of 1,800
residential units. He noted that the plan includes a waste water
treatment facility which will be turned over to the Frederick
County Sanitation Authority.
Mr. Brian J. Cullen, Vice President of the Intergate
Company, presented an overview of the concept development plan.
Mr. Charles Maddox, Jr., engineer with G. W. Clifford &
Associates, reviewed issues raised by the Virginia Department of
Game and Inland Fisheries and stormwater management issues.
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Mr. Sam Lehman was concerned about persons drowning in
the lake and requested that the applicant install an eight foot
chain link fence along the buffer area. Mr. Lehman was also
concerned about how individuals would get access to the lake for
boating, fishing, etc.
Mr. Donald W. Luttrell recalled that the previous
property owners felt that the lake was a detriment and wanted the
state to take over the lake. He recalled that the previous
property owners had promised to construct only 200 -300 homes and
he felt the new developers should be required to maintain that
number. Mr. Luttrell also felt that access by the public to the
lake would be difficult and trespassing on private properties would
be a problem.
Mrs. Barbara Thomas, property owner on Route 636, said
that she was opposed to her tax money being used to improve any
road used to access the Wheatlands site because she was against the
number of houses proposed. She noted that they have no access from
Clarke and Warren counties.
Mr. Donald Richardson felt that a 50' buffer around the
lake was not adequate. Mr. Richardson felt the development should
be controlled through mandatory phasing.
Mr. Butch Fravel, resident of Stephens City, Chairman of
the Stephens City Planning Commission and member of the Stephens
City Town Council said that he had not received any positive
comments from any citizen regarding Wheatlands. Mr. Fravel felt
that Route 277 was not adequate to handle additional traffic and
the density was too high for the community to absorb at this time.
Ms. Martha Wolfe, resident of Frederick County, felt
there would be conflicts between public and private land in the
Wheatlands development. Ms. Wolfe felt a lower density would be
more acceptable.
Mr. Jim Madden, past president of the Izaak Walton
League, said that the Izaak Walton League does not approve of the
Department of Game and Inland Fisheries' acceptance of the
Wheatlands project and the Izaak Walton League does not endorse the
Wheatlands project. He said that the Izaak Walton League worked
on constructing a fish structure in the lake at the request of the
game commission. Mr. Madden felt that the Wheatlands project does
not create what a sportsman would call a "good fishing environment"
because of the residential neighborhood surrounding the lake. Some
concerns noted by Mr. Madden were: 1) public access to the lake
was not adequate; 2) tree conservation needed to be addressed;
3) concern about dam leakage; and 4) the high percentage of
affluent from the sewage treatment plant running into the stream
that feeds the lake.
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Mr. William Bayliss, member of the Winchester Planning
Commission, said that he was not present to speak either in favor
or against the application, however, he was concerned about the
percentage of open space in the development excluding roads.
No other citizens wished to speak and Chairman Golladay
closed the public portion of the hearing.
The Planning Commissioners discussed the master plan and
some of the concerns raised were: 1) the entrance on Route 636 was
not satisfactory; 2) direct public access to the lake needs to be
addressed either by easements, between properties, or by cul -de-
sacs ending at open space with a parking area; it was suggested
that the applicant work with the Department of Game and Inland
Fisheries on this matter; 3) all parties involved at the time the
lake was transferred were aware that the lake was in need of
repair; 4) no indications were found in any public records of any
agreement that only 200 -300 lots would be developed; the state was
aware of the zoning of the property when the lake was transferred
to them and the state set the 50' buffer area; 5) phasing should
be addressed more concretely; it was suggested that a time frame
on phasing be established with the number of units to be
constructed per year; 6) a central sewer system would provide less
damage to groundwater; development of this property on individual
septic systems would not be a viable option; 7) the size of the
sewage plant needs to be studied to make sure there is sufficient
capacity; 8) impacts of the affluents from the treatment plant
going into the stream needs to be studied; and 9) density should
be addressed; it was felt that the proposed 1,800 units was too
high for this particular area. The Commissioners also felt that
representatives from the Department of Game and Inland Fisheries
should be available to present their comments.
Mr. Watkins read a letter from the Commonwealth's
Attorney addressing the density issue. Upon motion made by Mr.
McDonald and seconded by Mrs. Sherwood, the letter from Mr. Ambrogi
was made a part of the official record. (letter at end of minutes)
The Commissioners felt that the concerns stated above
needed to be addressed before the Commission could vote on this
application. They also noted that the applicant presented changes
at the meeting that had not yet been incorporated in the plan.
They felt that the applicant should submit a revised plan for their
study before voting.
Rinker,
Upon motion made by Mr. Thomas and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table Preliminary Master Development Plan #006 -89 of
Wheatlands for residential and townhouse development on 926.266
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PA
acres, located in the Opequon Magisterial District, in order for
the applicant to address the concerns raised by the Commission as
stated above, to submit a revised master plan, and to allow time
for other interested parties to come before the Commission to
express their opinions.
INFORMAL DISCUSSION ON THE WINCHESTER MALL SITE
Mr. Neville Turner, the President of Wiltshier Turner,
Ltd., presented a proposed development plan to the Commission for
the Winchester Mall site, consisting of 74 acres and located at I-
81 and Route 7. Mr. Turner was proposing a two -phase strip
shopping center with a hotel site.
Mr. Dan McRae, architect with Dalton, Moran & Shook
Architecture, talked about access to the site.
The Commissioners discussed proposed uses, a traffic
light on Route 7, buffering for the adjoining Regency property,
exits and entrances for individual businesses on internal roads,
and a time table for development.
ADJOURNMENT
No further business remained to be discussed and the
meeting adjourned.
Respgtfully submitted,
W. Golladay, Jrf. Q} airman
o ert W. Watkins, , Secretary
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Upon motion made by Mrs. Sherwood and seconded by Mr.
DeHaven, the letters presented by Mr. Maddox from Mr. Remington,
Director of the Department of Game and Inland Fisheries dated June
13, 1989 and from Mr. Madden, President of the Izaak Walton League
dated June 9, 1989 were made a part of the official record.
(letters at end of minutes).
The staff report was presented by Mr. Tierney. Staff
recommendations were for tabling of the plan in order for the
applicant to supply information on planning and zoning issues
raised and, more specifically, on the traffic impacts on Route 636
with assurances that an appropriate level of service will be
maintained, that a satisfactory description of areas designated as
"future development" be provided, and that concerns expressed by
the Department of Game and Inland Fisheries be addressed.
The Chairman next called for citizens wishing to speak
regarding this application. The following person came forward to
speak in favor of this master plan:
Mr. Fred Williams, representing Mr. and Mrs. Milton K.
Apperson, adjoining property owners, came forward to speak in favor
of the application. Mr. Williams read a statement prepared by Mr.
and Mrs. Apperson stating that activist groups should not be
allowed to control property of others.
The following persons came forward to speak in opposition
to this master plan:
Ms. Claudia Bean, President of and representing the
Citizens for a Quality Community of Frederick County and the City
of Winchester, presented a petition consisting of 3,000 signatures
to place a moratorium on the Wheatlands project. Ms. Bean
requested that the Planning Commission deny this master plan until
the plan was scaled back to 200 -300 housing units so that the
impacts on natural and recreational resources, traffic and schools
would be decreased. The following issues of concern were raised:
1) the planned density of 1,800 units was unacceptable; 2) access
would create significant transportation problems in both Frederick
and Clarke Counties; 3) impacts of sewage and water treatment
facilities required will have a detrimental effect on the
environment; 4) adequate educational facilities are not available
and cannot be made available without increasing taxes; 5) the
constraints this project will place on the public use of a
recreational lake, improved by taxpayers money, are morally
indefensible; and 6) this project lies outside the boundaries of
the urban development area of the Comprehensive Plan.
Upon motion made by Mrs. Sherwood and seconded by Mr.
Romine, the petition presented by the Citizens for a Quality
Community was made a part of the official record. (petition at end
of minutes)
2999
he Izaak Walton
Learlue ®f America
DEFENDERS OF SOIL, AIR, WOODS, WATERS, AND WILDLIFE
WINCHESTER CHAPTER o P.O. BOX 2954 • WINCHESTER, VA 22601
June 9, 1989
Mr. James A. Remington
Director
Department of Game and Inland Fisheries
4010 West Broad Street
_ Box 11104
Richmond, Virginia 23230
Dear Mr. Remington:
I am writing to you as president of the Winchester Chapter
of the Izaak Walton League, on behalf of our nearly 700 members.
On May 25, 1988 you wrote to me thanking our members for the
great amount of volunteer time they have spent constructing
underwater fish attractors at Wheatlands Lake. We are only too
( _ happy to help you and commission members when it comes to
\" wildlife and conservation. Now we would like your help on this
same project.
The northern Shenandoah Valley has for decades tolerated the
abuses of the Shenandoah River by the American Viscose and Avtex,
and the resultant loss in fishing quality. Just as progress is
being made regarding . Avtex, the .PCB warnings are issued on the
Shenandoah. This coupled with the continuing loss of access to
streams for trout stocking have succeeded in devastating the
quality of sport fishing in this part of the state.
We have anticipated the opening of the Wheatlands Lake as .a
partial solution to the problem of finding a peaceful, clean,
accessible area in which to enjoy the great sport of fishing. I
am sure that you, as a fisherman,- understand that most of the
enjoyment of fishing is the escape from the urban setting and
just "getting away from it all ". This leads to the object to our
request.
We strongly urge you to use all the legal powers of your
office to prevent the overdevelopment of the land surrounding
this lake. The media is stating the number of houses anywhere
from 130 to 2000. This could mean as many as 8000 people living
around it. Please do not retreat from any verbal or written
agreements your department made with the developers regarding
this maximum number of houses.
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Remember, there is a limit to the carrying capacity of the
land with regards to People and wildlife. We will be anxiously
'following the events as they develop. We Just hope that our
efforts and concern for all sportsmen are not wasted for the
financial benefit of a handful of developers. They surely cannot
argue they need the money.
Sincerely,
James H. Madden
President, Winchester Chapter
Izaak Walton League
CF:
Lewis Costello
Alson H. Smith, Jr.
.Harrington Smith
Robert Watkins, Fred. Co. Planning Comm.
I
C ' LAWRENCE R. AMBROGI
Commonwealth Attorney
DAVID S. WHITACRE
Assistant Commonwealth Attorney
JAY D. COOK, III
Assistant Commonwealth Attorney
GLENN R. WILLIAMSON
Assistant Commonwealth Attorney
Iteu, trWgj }y
1>S1. COUNTY OF FREDERICK
V 1 °6
OFFICE OF THE
COMMONWEALTH'S ATTORNEY
FREDERICK - WINCHESTER JUDICIAL CENTER
5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601
(703) 667 -5770
(703)667 -5792
November 10, 1989
Mr. John R. Riley, Jr.
County Administrator
for Frederick County
9 Court Square
Winchester, Virginia 22601
Re: Wheatlands Development
Dear John:
CHARLES W. STANSFIELD
Administrative Assistant
CAROL A. CAMPBELL
Secretary
JANET P. DICK
Secretary
As you know, the above - captioned matter is scheduled to come
before the Board of Supervisors for consideration of the
developer's master plan. Unfortunately, under the case law
and statutes of the Commonwealth of Virginia, there is very
little the local governingbody can, at this point, do other
than require strict compliance with all local subdivision
ordinances.
The land in question was rezoned to R -5 (residential community)
in the early to mid 1970's. Under that zoning category, the
local governing body cannot limit or control deristy of develop-
ment as it can under R -P (residential performance) zoning.
However, the R -P category did not exist when the Wheatlands
real estate was rezoned. Although there had been no develop-
ment on the site at the time of the county -wide downzoning,
the land remained zoned R -5.
I will be glad to discuss this opinion in more detail and
answer any questions at your request.
Sincer ,
t
Law encrogi
LRA /ca
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COMMONWEALT: -I of VIRCjINIA
Department of Game and Inland Fisheries
4010 WEST BROAD STREET
Box 11104
RICHMOND. VA 23230
June 13, 1989
Mr. James H. Madden
President, Winchester
Izaak Walton League
P. 0. Box 2954
Winchester, Virginia
Dear Mr. Madden:
chapter
22601
Thank you for your letter of June 9 with regards to the
Wheatlands Lake issue.
The employees of this,agency are certainly in sympathy with your
general concerns for degradation of the natural waters of the
state and as you know with the help of hundreds of volunteers
such as the members of your organization, many positive results
have been achieved over the years in maintaining and restoring
the lakes and waters of the state to their maximum'productivity.
We believe that all state agencies have a public trust that is
established with their creation by the General Assembly and our
Board and staff members are very diligent and conscientious in
their efforts to meet that responsibility in every way possible.
When it comes.to "overdevelopment of the land surrounding this
[Wheatland] Lake ", the difficult question is what constitutes
overdevelopment. Overdevelopment would take on different
proportions depending on the viewpoint of each individual. From
this agency's standpoint, however, our primary concern is for the
maintenance of the aquatic ecosystem and therefore housing
density in and of itself may not pose a problem. In addition, we
are always desirous that our facilities can be enjoyed by the
maximum number of the public, but again, we have no specific
evidence that urban development around a fishing lake negatively
impacts the use of that lake by the public as long as the water
quality is maintained.
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. AN EQUAL OPPORTUNITY EMPLOYER
Mr. James H. Madden
Page 2
June 13, 1989
I would certainly agree that there is a limit to the carrying
capacity of all of our lands with regard to people and wildlife,
but limiting population is a social issue and one outside of the
jurisdiction of this agency and so we are limited in our wildlife
management to accommodating the wildlife and habitat as best we
can to our growing population.
You may rest assured that by statue and by commitment, we will
seek to the best balance for the wildlife and outdoor
recreation on a case -by -case basis.
Sincerely
J ames A. Reminw#oon
Director
JPR /JAR /h
CC: Lewis M. Costello
The Honorable John W. Daniel, II
The Honorable Alson H. Smith, Jr.
Henry A. Thomas
I