PC_09-03-86_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room in the Old Court House,
9 Court Square, Winchester, Virginia, on September 3, 1986.
PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr.,
Vice — Chairman; George L. Romine; Marjorie H. Copenhaver; Kenneth
Y. Stiles; A. Lynn Myers; Carl M: McDonald; S. Blaine Wilson;
Manuel C. DeHaven; Robert W. Watkins, Secretary; Stephen M. ,
Gyurisin, Advisory.
CALL TO ORDER
Chairman Brumback called the meeting to order at 7:00 p.m.
MINUTES
The first order of business was the approval of the minutes of
August 6, 1986. Upon motion made by Mr. Romine and seconded by Mr.
McDonald, the minutes were unanimously approved as presented. The next
order of business was the consideration of the minutes of August 20, 1986.
Upon motion made by Mr. Golladay and seconded by Col. Myers, the minutes
were unanimously approved as presented.
BIMONTHLY REPORT
The staff presented the Monthly and Bimonthly Reports for the
Planning Commission's information.
SUBDIVISIONS
Subdivision Plat of Battlefield Partnership to subdivide two lots (2.181
acres and one acre) for industrial transition use.
Action — Approved
Mr. Watkins said that the plats and plans meet the basic
requirements of the ordinance.
Mr. Ralph Gregory, the representative for this application,
introduced himself to the Commission. Chairman Brumback asked Mr. Gregory
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if he had an overall master plan for the area and Mr. Gregory replied that
he had no concrete proposals at the present time.
Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Subdivision Plat of Battlefield Partnership,
located on the east side of Route 11 South, 1/2 miles south of Route 37, in
the Back Creek Magisterial District, to subdivide two lots (2.181 acres and
one acre) for industrial transition use.
Subdivision Plat of Battlefield Partnership to adjust the boundary of
Parcel 1 -A (3.967 acres) for accomodation of a street design.
Action - Approved
Mr. Watkins said that this is a minor adjustment to provide for a
turn - around.
Mr. Ralph Gregory, was the representative for this subdivision.
Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Subdivision Plat of Battlefield Partnership,
located on the east side of Route 11 South, 1/2 mile south of Route 37, in
the Back Creek Magisterial District, to adjust the boundary line of Parcel
1 -A (3.967 acres) to accomodate a street design.
PLANNING COMMISSION RETIRES TO EXECUTIVE SESSION
Upon motion made by Mr. Romine and seconded by Mr. Golladay, the
Planning Commission unanimously voted to retire into executive session
under'Section 2.1- 343.(4) of the Code of Virginia to discuss a prospective
business or industry. (Mr. Stiles arrived at this point in the meeting.)
Upon motion made by Mr. Golladay and seconded by Mr. Romine, the
Planning Commission unanimously voted to resume the regular public meeting.
PUBLIC HEARINGS
Rezoning Application #011 -86 of George W. Glaize, Jr. et ux and Zetta P.
Garber to rezone 146.829 acres ( Glaize - 141.828 acres; Garber- 5.001
acres) from A -2 (Agricultural General) to M -1 (Industrial Limited) for
light industrial and warehouse uses.
Action - Approved
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Mr. Michael Bryan, attorney, came forward and stated that both he
and Stephen Butler, attorney, represent Mr. Glaize on this rezoning. Mr.
Bryan stated that considerable sums of money have already been spent in
this area, particularly, the upgrading of Victory Lane to an industrial
access road. Mr. Bryan also stated that the property in question is almost
directly across from the airport and would be in the landing path of
aircraft, therefore, Mr. Bryan felt it would be better suited for
industrial uses, rather than residential uses. He added that existing
adjacent uses are consistent with what Mr. Glaize plans for this property.
Mr. Bryan further added that the County has committed to providing water
and sewer to this area.
There next ensued a discussion on upfront funding and tap —on fees.
There was also discussion on whether sewer and water would definitely be
extended to this area. In order to obtain the correct answers to the
commissioner's questions, Chairman Brumback declared a short recess in
order for the staff to contact Mr. Wellington Jones, Engineer /Director of
the Frederick County Sanitation Authority.
Mr. Jones said that the Board of Supervisors has authorized the
Sanitation Authority to obtain a loan from the Virginia Resources Authority
in the amount of $1,000,000 over a,20—year period to fund the majority of
the project. He said that the Authority itself will put up about $350,000
in working captial and connection fee money. He said that in excess of
$400,000 will be put up by the developers that own undeveloped and some
developed land in the area. Mr. Jones said that this money is being put up
at the rate of $400 /acre and it will be applied against connection fees in
the future.
Chairman Brumback asked if this money would be a loan. Mr. Jones
said that this will be payment,of their availability fees in advance, so
that the Authority will have the capital to build the facilities to serve
their property. Chairman Brumback asked if this would give the developer
the right to have one master hook —up., Mr. Jones said that this does not
give the developer that right. Mr. Jones said that it only assures the
developer that service will be brought to his property. Mr. Jones said
that this money is used by the Authority to fund capital costs and is also
an indication to the Authority whether or not the property owner desires to
have service. He said that if they are not willing to put up $400 /acre,
then maybe they are not desiring the service. Mr. Jones said that the
Authority does not feel it should spend any money to provide service to
property that the owners are not willing to put up money for.
Mr. Wilson asked if persons refusing to tap on when the line is
being installed, have the priviledge to tap on at a later date at the same
rate. Mr. Jones replied that if the property owner waits until later, it
will cost about three times as much. I -
Chairman Brumback next called for anyone wishing to speak in favor
of this rezoning. Mr. Paul G. Anderson, Jr., one of three members
representing Frederick County on the Airport Commission, stated that he was
in favor of industrial, rather than residential development around the
airport. Mr. Anderson stated that they have plans to expand the airport
and encroaching residential development could inhibit their future plans.
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Mr. Kenneth Weigand, Manager of the Winchester Airport, stated that
a Master Plan for the Winchester Airport was made in 1975 and within the
last ten months, both he and the Airport Commission have created a five —
year development plan. Mr. Weigand said that he was in favor of this
rezoning to industrial use. He said that encroaching residential
development on airports is a serious problem, not only in the State of
Virginia, but world wide. Mr. Weigand said that with residential
development, there will be problems with noise and fear of overflight,
which could prohibit expansion of the airport and even close the airport.
Chairman Brumback next called for persons wishing to speak in
opposition to the rezoning. Mrs. Hockman, adjoining property owner, was
concerned about the expansion of the airport. She was also concerned about
any increased truck traffic on Bufflick Road and Route 522 South due to
industrial development. She said there is heavy truck traffic on these
roads now, due to truckers trying to avoid the I -81 scales.
Mr. Stiles said that they could restrict and /or eliminate "through"
truck traffic on Bufflick Road, however, the State has designated Route 522
South as being suitable for double trailers.
Mr. Leonard Greathouse was concerned about the number of plants,
factories, and warehouses that could be put on this rezoned property.
Mr. Stephen Milburn, adjoining property owner, was concerned about
water run —off, especially if the approved area was covered.with asphalt.
Mr. Milburn was concerned about noise, pollution, and the loss of his
privacy if the property was rezoned to industrial.
Mr. Stiles said that during the time of site plan approval, it would
be possible to prohibit the woods being cleared between Mr. Milburn's
property and the industrial site.
Mr. Wilson felt this property was not suitable for residential
development and was not very good farmland. Mr. Wilson then moved to
approve the rezoning. This motion was seconded by Mr. Romine and was
unanimously approved.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Rezoning Request #011 -86 of George W. Glaize, Sr. et ux and Zetta
P. Garber to rezone 146.829 acres from A -2 (Agricultural General) to M -1
(Industrial Limited) for light industrial and warehouse uses. This
property is located at the corner of State Road 50 East and State Road 728
(Victory Lane), 1 1/2 miles east of Winchester in the Shawnee Magisterial
District.
Rezoning Request #010 -86 of C. Douglas Adams and Fern L. Adams to rezone
257.461 acres from A -2 (Agricultural General) to M -1 (Industrial Limited)
in the Shawnee Magisterial District
Action — Approved
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Mr. Robert Mitchell, attorney, was present to represent the owners
of the property, Mr. and Mrs. Adams.
Chairman Brumback called for anyone wishing to speak in favor of
this application. Mr. Kenneth Weigand, Manager of the Winchester Airport,
stated that he was in favor of the rezoning. Mr. Weigand said that any
industry that joins with the airport to develop will be working with the
airport in mutually supporting roles. Mr. Weigand said that he would like
to see the airport developed into a regional concept and support the
industrial base of the community and region.
Mr. Paul Anderson, of the Airport Commission, felt it was important
to control the type of growth around the airport in order to preserve the
airport, therefore, he was in favor of rezoning to industrial
Chairman Brumback next called for people wishing to speak in
opposition to the rezoning. Mr. Thomas Schultz, attorney, stated that he
represented some of the residents of the area who were opposed to the
rezoning. Mr. Schultz asked everyone in the audience opposed to the
rezoning, to stand. (Approximately 60 people stood up.) Mr. Schultz also
presented a petition and said that this would make a total of approximately
150 people who were opposed to the rezoning. Mr. Schultz stated that the
people he represented felt there was a sufficient amount of industrially,
zoned land already existing and available in the county. Mr. Schultz said
there are 52 houses along Bufflick Road between the airport and Route 522
South, who would be adversely impacted by this rezoning. Mr. Schultz said
that there is also approximately 40 houses in the Bufflick Heights
Subdivision and 20 houses in the Southview Subdivision. He said that this
is largely a residential area and if the Board intends to extend water and
sewer to serve the people's needs, then they are giving with one hand and
taking away with the other. Mr. Schultz felt the rezoning was premature in
terms of road conditions. He also said that the airport and Bufflick Road
now serve as a barrier to the industrial development to the north and the
residents would prefer that the industrial zoning not cross that barrier.
Mr. Randy Campbell, resident of the'Bufflick Heights Subdivision,
stated that his property was along the Buffalo Lick Creek. He said that
behind his property, there is approximately 200 feet from the creek to the
top of the hill. He said that if this land was cleared for development, it
would eliminate the buffer between his property and the industrial
property.
Mr. Lawrence Payne, resident of the area, said that his main concern
was the traffic on Bufflick Road. Mr. Payne was also concerned about
pollution from the proposed industrial site.
Mr. John Pearson, resident on Bufflick Road, asked whether the
Bufflick Road area residents would still get the sewer and water service if
the rezoning was denied. Mr. Stiles said that there is a commitment by the
Board of Supervisors to provide service to the residential area. However,
the project was put together at this cost as a whole project and anything
that affects the revenue coming in would obviously need to be looked at and
adjustments made on the costs. Mr. Stiles said that it was his
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understanding that as the project is proposed, where sewer and water is
being served to the residential area, it is generally being done with
Sanitation Authority money and with the loan from the Virginia Resource
Authority. He added that in general, the money the developers are putting
up is for extending the line back to the east, along Bufflick Road and back
out Victory Lane.
Mr. Howard Sharp, resident of Route 522 South, was also concerned
that sewer and water would not be extended if the rezoning was denied. Mr.
Sharp was also concerned about the type of high -tech industries that would
establish themselves here.
Mrs. Hockman, adjoining property owner, stated that she would rather
have the property zoned-residential than industrial. Mrs. Hockman said
that industrial zoning would depreciate all the residential property in
this area.
Mr. Paul Anderson, of the Winchester Airport Commission, spoke
regarding buffer zones. He said that due to air traffic, a buffer would be
needed from the airport to Route 50 and to the south, the same distance.
Mr. Robert Mitchell, attorney representing Mr. and Mrs. Adams,
addressed the residents' concerns regarding streets. He said that the
access to Route 50 has already been improved by industrial access funds and
is now satisfactory for industrial uses, both to this site and to the
Olaize site. Mr. Mitchell also addressed the access along Bufflick Road to
Route 522 and stated that they recognize the need for improvements to this
road. Mr. Mitchell said that their engineer has suggested that an
immediate improvement would be to prohibit "through truck traffic" on
Bufflick Road. Mr. Mitchell said that Mr. and Mrs. Adams are willing to be
involved with the County and the airport on ways to address the road
problems. Mr. Mitchell added that these types of improvements are - usually
made in response to a need and seldom do you have an ideal road system for
industrial airport development before the development occurs.
In response to the staff's recommendation to have the industrial
zoning follow the Bufflick Run Creek, Mr. Mitchell said that they had
reservations due to possible plans for a lake or employee recreation area.
As an alternative, he said that Mr. and Mrs. Adams are willing:to commit
themselves in writing to voluntarily imposing's 200' setback line along the
1400' property line. Mr. Mitchell said that this would mean that there
would - be no structures built within 200' of the Bufflick Heights
Subdivision.
Mr. Mitchell concluded by rebutting Mr. Schultz's remarks that there
was sufficient industrially zoned land in the county. Mr. Mitchell said -
that there were not many quality industrially zoned sites adjoining an
airport.- He said that the airport could be a calling card for this area
for economic development.
Mr. Stiles addressed Mrs. Hockman's suggestion that the property be
rezoned for residential use. Mr. Stiles said that -the impact of the number
of houses that would be allowed to be constructed there would be every bit
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as intense in terms of the amount of traffic generated compared to
developing as an industrial park. Mr. Stiles said that there are several
possible solutions to improving the traffic problems on Bufflick Road. He
said that currently, there is a 30' right- of-way through Bufflick Road.
When.the Highway Department goes through major reconstruction, their policy
is to go to a 50' right -of -way. Mr. Stiles said that the problem with
doing that on Bufflick Road is that people's homes are so close to the
road. Mr. Stiles said that while the Highway Department does condemn
houses, this would try to be avoided. `He suggested petitioning the Highway
Department to consider going to a 40' right- of-way which would reinforce
the necessity for limiting truck traffic on Bufflick Road. Mr. Stiles said
that would take an additional 5' of right- of-way off either side, for which
people would be reimbursed. Mr. Stiles felt that three additional feet of
pavement on either side of that road and straightening out some of the
curves and dips would greatly improve the traffic problem.
Mr. 'Stiles also felt that this industrial development had the
potential to -do a lot of good for Frederick County. Mr. Stiles felt that
Frederick County needed to attract the industrial base and jobs that are
necessary so that all the tax burden does not fall back on the individual
home owners and land owners.
Col. Myers was sympathetic to the traffic problems on Bufflick Road,
but was concerned about the recommendation that it be given the County's
"highest priority." Col. Myers felt there were other traffic problems in
the.County that were just as serious.
Chairman Brumback was concerned about the impacts of this
development on the County. Chairman Brumback felt this was a rather large
area to be industrially rezoned all at once.
Mr. Romine stated that a lot has been said about all of the land
that is zoned for industry. Mr. Romine said that not all of the land that
is industrially zoned in this county is very highly desirable. Mr. Romine
said that some of the existing industrial land will never -have industrial
plants on it for various reasons.
Mr. DeHaven felt the impacts of zoning this property residential
would be a lot greater with residential performance zoning as compared to
,industrial zoning.
Mr. Wilson.felt that once this property is rezoned, it would.take a
period of 10 -15 years to realize its complete impacts. He said that if the
property was zoned residential, impacts would probably be felt within one
year.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Rezoning Request 11010 -86 of C. Douglas Adams and Fern L. Adams to
rezone 257.461 acres from A -2 (Agricultural General) to M -1 (Industrial
Limited) for an industrial park to be located on the south side of Bufflick
Road, approximately 2,000' west of the intersection of Route 645 with Route
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728 in the Shawnee Magisterial District.
The vote on this rezoning was as follows:
YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Golladay,
DeHaven, Wilson, Romine
ABSTAIN: Mr. Brumback
ADJOURNMENT
There being no further business to discuss, the meeting adjourned.
Respectfully submitted,
C rank H.�B / rumback, Chairman
Robert W. Watkins, Secretary
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