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HomeMy WebLinkAboutPC_09-02-87_Meeting_Minutesi MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room in the Old Frederick County Court House, 9 Court Square, Winchester, Virginia, on September 2, 1987. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice-Chairman; George L. Romine; Kenneth Y. Stiles; A. Lynn Myers; Marjorie H. Copenhaver; S. Blaine Wilson; Carl M. McDonald; and Manuel C. DeHaven. Also present were: Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory; and Bray Cockerill, Advisory CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. MINUTES The first order of business was the consideration of the minutes of August 19, 1987. Upon motion made by Mr. Romine and seconded by Mr. Golladay, the minutes of August 19, 1987 were unanimously approved. BIMONTHLY REPORT The staff and Planning Commission reviewed pending applications. COMMITTEE REPORTS Economic Development Commission Mr. Romine, Economic Development Coordinator, said that the ground breaking for the American Woodmark's new 140,000 square foot distribution center has begun. Comprehensive Plan Subcommittee Mr. Golladay said that the Comprehensive Plan Subcommittee met on September 1, 1987 with representatives of the Planning Commission of the City of Winchester. It was agreed that transportation was one of the biggest issues, along with land use issues on adjoining city /county lines. Transportation Subcommittee 2499 - 2 - Mr. Golladay reported that the Transportation Subcommittee will meet on September 28, 1987 from 7:00 p.m. until 9:00 p.m. in the Conference Room of the Court House. A work program will be established, with intersections being the top priority. Mr. Gyurisin said that the Six Year Transportation Plan for secondary road improvements will come before the Planning Commission at their meeting of September 16, 1987. It will then go to the Board of Supervisors for public hearing on September 23, 1987. DISCUSSION ON SEWER EXTENSIONS BY CITY AND COUNTY Mr. Stiles said the City had recently changed its policy regarding sewer extensions into the county. Mr. Stiles said that previously, the extension of mains was prohibited into the county by city policy; however, the policy they have recently adopted allows for the extension of mains into the county, if it is approved by the Board of Supervisors. He said that it is the concensus of the Board that those requests be routed to the Planning Commission. Mr. Stiles felt there were issues involved, with the extension of city sewer mains, that were over and above just providing service. Mr. Stiles felt these issues should he addressed up front, rather than one by one, as the requests came through. He commented that the intent of the Sanitation Authority was to recommend, regardless if the areas were located in the city or county, that those areas that drain by gravity to the city be allowed to have service by the city, and those that drain by gravity to the county should have service by the county. Chairman Brumback recommended that a subcommittee be appointed for in-depth study. Mr. Stiles said that at the next Board meeting, he would appoint a committee consisting of a member of the Sanitation Authority, a member of the Planning Commission, and a member of the Board of Supervisors. The Commissioners felt this committee could work closely with the Comprehensive Plan Subcommittee on the matter. REQUEST FOR RIGHT -OF -WAY ABANDONMENT BY MR. AND MRS. BOZIDAR JANAKIEV Mr. Watkins stated that Mr. William M. Mote, representing Mr. and Mrs. Bozidar Janakiev, has requested that the 50 foot right-of-way dedicated for a future street adjoining Lot 1114, Section 2, in the A. Melvin Lewis Subdivision, be purchased from the County by his clients and joined with the Bozidar's property, Parcel 1114. Mr. Watkins said that this section of road was never built or turned over to the state. He said that the staff has recommended in favor of abandoning this right-of-way because the road would not make a good connection road because of the terrain. He said that the Transportation Committee has also reviewed this request and recommends abandonment. Mr. William Mote said that the Janakievs have been maintaining this property for several years. He said that there has been no expression of interest from adjoining property owners that they would be interested in acquiring it. 2500 - 3 - Mr. DeHaven was concerned that other property owners on Lewis Drive be informed of the request. Mr. Gyurisin stated that the State Code requires a public hearing at the Board of Supervisors level and, at that time, an advertisement will be placed in the newspaper. Col. Myers noted that he had visited the site and felt the terrain made it almost impossible to connect a road to Cherry Hill Drive. Upon motion made by Mr. Golladay and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend to the Board of Supervisors that the 50 foot right-of-way next to the 7anakiev's Parcel 14 be abandoned by the County and joined with Lot #14. REOUEST FOR RIGHT -OF -WAY ABANDONMENT BY MR. LESTER "BUD" ELLIOTT Mr. Watkins said that Mr. Lester "Bud" Elliott has requested that the 60 foot right-of-way, dedicated for a future street, adjoining Lots 8 and 9 in the Senseny Heights Subdivision, be vacated and joined with these parcels. Mr. Watkins said that this right-of-way was dedicated to the County as part of the Senseny Heights Subdivision, but was never built or turned over to the State. He said that Mr. Elliott has started construction of homes on Lots 8 and 9 and these lots are recorded, but are not served by a constructed VDOT road. Mr. Watkins said that Mr. Elliott wishes to vacate the right-of-way, join the right-of-way to the lots, provide for future access easements, and construct private driveways to each lot. Mr. Watkins said that the staff felt that the 60 foot right-of-way, or "stub" road, proposed for future use, was not needed because it would not landlock the remainder of the adjoining undeveloped land and it was unlikely that the Senseny Heights Subdivision would be connected to the Heritage Hills Subdivision through this right- of-way. Mr. Lester Elliott, owner of the two lots in question, said that plats for future development for the area do not show an extension of Williamson Road. Mr. Gyurisin said that a resubdivision plat would need to be submitted that would show both lots fronting on Massie Drive with the creation of two pipestem roads. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend to the Board of Supervisors that the 60 foot right-of-way, dedicated for a future street, adjoining Lots 8 and 9 in the Senseny Heights Subdivision, be abandoned and joined to Lots 8 and 9. The vote on this request was as follows: 2501 - 4 - YES (TO ABANDON): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback, Golladay, Romine NO: Messrs. DeHaven, Wilson PUBLIC BEARINGS Conditional Use Permit 0015 -87 of Douglas C. and Sue C. Yost to construct a 40' % 60' block /brick building for a restaurant in the Gainesboro District. Action - Approved Mr. Watkins gave the background material and then read a letter from Beverly Sherwood concerning her feelings on the conditional use permit request. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, the Planning Commission unanimously approved making the letter a part of the official minutes, as follows: H. C. Uh Cross Junction. VA Fred Or c: 1. Co' -ant. F'1 anni Coinmi ssi on P Court Sguuere rr_linia IJcar 31.rs: Eei ng ur�ah].e to a' - ' - :and tic pc +.b:.lc 1iCarind J 1. ll as;::. d I staff to p. ea_ aLbrmt tl lei_tei _rr'i r - ,g +t cnva: 1 �. ,:i cn of condi ti ena7. use permit 4015 -3' of Dcugl es L.. , , .nJ Sue As a:i adjoiner of kris pr pert -y, 4'3 .Wing adi ent I tii'. cn cic opa A when ..orrsid_ri rig this cendit -. on al use p'r t - r .oral n L e of hI ,. I :"I.er r: r u'r: ,, At ay n": + )prr r i condi ii one to ELa r= _nt - q be _ .a:r / r -st_'ur a , ?bto itsms thst i er.+, sriould Ge ad l'cssed - r <<rLUr *' a. Hours of opraLilr. A Ina cons i s -tent of th Burr Q J r u rig LI OPS .- nd reis i. dential dr<el tutgs 1 : -_il.d sugy -mot that hour - O of i,)p II—" :ion be frc:'m 6 a.m. until IO:U -' p.m. It. NF'DnS Discharge r' =rmit SuGsur + e sewa[c systen :his cjii -' on this tract are not consid red app +Opriate imr com:. OuC.urface sewage s /s .,I It could be my desire that yearly n F- != 1' -r.onu cf any ,"stem ir3t ':. ailed h� rsquir `to en sure the edioin_ng ltndown : - S that pol lufion a not being disr.heargQJ that wculd create a tt,Crl:h ha- at J. I am not -.ore i f it is approprlsl 0 to addr a-,', _ += a I � "�r.bis � r d:L 1:.:i on (or it i i is covered in the _ite p - -an r=u_ur emend the plc nq or r'eaIrrictions on outside storage end /or overriglit p Iirig of hides. ]:f it is sOrriethinri that EahOUld be placed a ondi I L011 , 1 vu Ilepe that such . cone iron be tdJ c ,sa: +_ fur r' a -�surc 'that tt I I Intent of this conditional use permit i.s to 211ow a family restaurant only. i. alwey , 'L the is r,:_i f a:l.lowiny r:a tn'P l r'; tc c In', Il =nog ht.s emd oon : end t q:oi�:c. c'e far n t _c^i.rr o1:= to L -� ,. -- Sinc:ar "e 2502 - 5 - The Commission was hesitant about acting on this permit without a definite approval from the Health Department. Mr. Robert Mitchell, attorney, was the representative for Mr. and Mrs. Yost, the owners of the property. Mr. Mitchell noted that when this property was being considered for rezoning, it was decided that the better approach would be to allow restaurants as a permitted use in the A-1 (Agricultural Limited) District with a conditional use permit. Mr. Mitchell noted that the reasoning behind this was to make the A -1 and A-2 Districts consistent with respect to allowing restaurants with a conditional use permit. He said that this also allowed the Planning Commission to determine if the site was appropriate for a restaurant, whereas if the property was rezoned to B-2, anything permissible in the B-2 District could be established. Mr. Mitchell said that in looking into the matter of the sewer treatment system, the Yosts have determined that an engineering study is needed on the property and this work is very expensive. He said that the Yosts need to know, before they go forward with the expense, if they will have a conditional use permit. Mr. Mitchell suggested that the Planning Commission make one of the conditions for granting of the permit be the approval of the sewer treatment system by the Health Department. Mr. Mitchell said that they are also concerned with the conditions because if they are such that they cannot get financing to build a restaurant, it would not be feasible for them to go forward. Mr. Mitchell addressed the first recommended condition by the staff and suggested that "a change of occupancy or ownership" not be included as a part of the condition. The Commission next discussed hours of operation. They concluded that if the restaurant was to be a first class establishment, as the Yosts have said they wanted it to be, they felt they could not place the limitation of hours of operation on it. Upon motion made by Col. Myers and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #015-87 of Douglas C. and Sue C. Yost for a restaurant, to be located at the southwest corner of the intersection of US Route 522 North and Virginia State Route 694, approximately 18 miles north of Winchester at Reynolds Store, in the Gainesboro Magisterial District, with the following conditions: 1. If the use of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 2. A site plan must be approved, meeting all site plan requirements of the zoning ordinance, before the use is established. 3. Sewage facilities must be provided and approved by the Health Official before the use is established. The vote on this conditional use permit was as follows: 2503 6 YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, DeHaven, Wilson, Romine NO: Messrs. Golladay, Brumback Messrs. Golladay and Brumback were concerned about approving the conditional use permit without a positive comment from the Health Department. They felt this was a departure from the normal policy of the Planning Commission. Rezoning Application #019 -87 of C. Douglas Adams and Fern L. Adams to rezone 44.127 acres (Parcel A) from A -2 (Agricultural General) to RP (Residential Performance) in the Shawnee Magisterial District. Action - Approved Mr. Robert Mitchell, attorney, was present to represent Mr. and Mrs. Adams, the owners of the property. Mr. Mitchell said that the Adams' are making every effort to follow through with establishing a quality development. Mr. Mitchell said that the Adams' have submitted a master plan for the whole area, they have conveyed land to the airport at a price within airport guidelines, they have donated land, in excess of 11 acres, for the relocation of Bufflick Road, and they have renovated the old Rosenberger farm house. Mr. Mitchell noted that Mr. Charles Maddox's firm, G. W. Clifford and Associates, is doing the engineering work on this project. He also noted that the Adams' have retained Mr. Rosser Payne to do the overall planning for the project. Mr. Rosser Payne, resident of Warrenton, Virginia, stated that he has spent 40 years in the engineering /planning profession. Mr. Payne said that he has spent 16 years as the Director of Planning in Fairfax County, has taught the subject for 23 years at the University of Virginia, and has worked in both Winchester and Frederick County over the last 20 years. Mr. Payne said that the purpose of the rezoning is to provide for the necessity of some residential uses. He said that there are existing residences along Bufflick Road on the south and along Route 522 on the west and they deserve to be protected in kind. Secondly, this area is outside of the LON 65 line and is suitable for residential areas for the employees of the industrial area. Regarding the two following requests, Mr. Payne said that the extension of the industrial zoning to the west is to offer eight additional sites and the B-2 zoning is for convenience /commercial services near the airport terminal building. Mr. Golladay was concerned about traffic conflicts and whether it was good planning to have residential, industrial, and business traffic funneling onto one road. Mr. Payne felt it would be suitable to do this if the new Bufflick Road was designed properly. He said that the proposal is to have this right -of -way be a four-lane divided highway. Mr. Payne felt there should not be unlimited entrances and that the road should be buffered. He said that entrances to the residential and industrial 2504 7 portions will be controlled at one or two access points and buffered at frontage. Mr. Payne added that this road could not be developed without these controls. Chairman Brumback asked whether anyone else in the audience wanted to speak in favor or opposition to the request. Mrs. Anna B. Collins, adjoining property owner, was concerned about the type of residential development that would occur. Mr. Payne answered that this would not be an inexpensive area to develop and the price of the units would depend on market demand and development costs. Mr. Payne felt, however, that the price range would probably be in the mid -upper range. He added that every section filed would have proper streets, sidewalks, screening, and buffering. Mr. Romine commented that this was probably the most sophisticated and best thought out plan for an industrial area that the county has seen. Mr. Romine said that the owners are following through with what they said they were going to do. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request 11019 -87 of C. Douglas Adams and Fern L. Adams to rezone 44.127 acres (Parcel A) from A -2 (Agricultural General) to RP (Residential Performance) for single - family residential and townhouse development. This property is located east of Route 522 South and south of Route 645 (Bufflick Road) in the Shawnee Magisterial District. ..................... Rezoning Request $020 -87 of C. Douglas and Fern L. Adams to rezone 17.633 acres -- Parcel B (10.4470 acres) from A -2 (Agricultural General) to B -2 (Business General) and Parcel D (7.163 acres) from M -1 (Industrial Limited) to B -2 (Business General) in the Shawnee Magisterial District. Action - Approved Mr. Robert Mitchell, attorney representing the owners, C. Douglas Adams and Fern L. Adams, stated that the B -2 uses would be used for convenience stores and similar uses that would be accessible by people coming into the airport terminal. He said that with regard to Parcel B, adjoining the existing residential areas, they have shown buffering along the north boundary. Mr. Mitchell said that they are willing to commit in writing and covenants that this area will be screened. Since no one wished to speak in opposition, motion was made by Mr. Wilson and seconded by Mr. Romine to approve the rezoning of Parcels B and D. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request 11020 -87 of C. Douglas Adams and Fern L. Adams to rezone 17.633 acres- Parcel B (10.470 acres) from A -2 (Agricultural General) to B -2 (Business General) and Parcel D (7.163 acres) 2505 8 - from M -1 (Industrial Limited) to B -2 (Business General) for commercial business uses. This property is located south of the existing Buff lick Road and fronting on the north side of the proposed airport road in the vicinity of the airport, in the Shanwee Magisterial District. Rezoning Request #021 -87 of C. Douglas Adams and Fern L. Adams to rezone 30.356 acres (Parcel C) from A -2 (Agricultural General) to M -1 (Industrial Limited) in the Shawnee Magisterial District. Action - Approved Mr. Watkins noted that this rezoning is an expansion of an existing M-1 area. Mr. Robert Mitchell, attorney, was present to represent Mr. and Mrs. Adams and to answer questions. Since no one wished to speak in opposition, motion was made by Mr. Wilson and seconded by Mr. Romine to approve the rezoning. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request 11021 -87 of C. Douglas Adams and Fern L. Adams to rezone 30.356 acres (Parcel C) from A -2 (Agricultural General) to M -1 (Industrial Limited) for a part of the Upper Valley Business Park. This property is located south of the proposed airport road and Route 645 (Bufflick Road), in the Shawnee Magisterial District. Rezoning Request $023 -87 of Wilkins Development Corporation to rezone 108 (+ or -) acres from A -2 (Agricultural General) to RP (Residential Performance) for residential development in the Shawnee District. Action - Approved Mr. Watkins noted that this property is surrounded on three sides by residential zoning. He said that because of the location of the site in relation to existing RP areas and sewer and water facilities, the staff recommends approval. Mr. James Wilkins, representing Wilkins Development Corporation, was present to answer questions. Mr. Stiles asked the staff to review the Transportation Committee's discussion regarding Greenwood Road. Mr. Watkins stated that the problem is centered on the curves and slopes in Greenwood Road from the top of the hill to Route 7. He said that the representatives of the owners of property along this road are willing to proceed with development plans showing a relocation of Greenwood Road through this area from where the curves begin to a new entrance on Route 7, which would be east of the current entrance. He added that the Department of Transportation has 2506 - 9 - looked favorably on this approach. The commissioners felt this approach would greatly help to solve the traffic problems on Greenwood Road. There being no one wishing to speak in opposition, motion was made by Mr. Wilson and seconded by Mr. Romine to approve the rezoning. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #023-87 of Wilkins Development Corporation to rezone 108 (+ or -) acres from A-2 (Agricultural General) to RP (Residential Performance) for residential development. This property is located 1/2 mile east of I -81 on Route 7, just east of the Shenandoah Hills Development, facing on Route 656 and Route 7, in the Shawnee Magisterial District. Rezoning Request #025 -87 of M. Lewis McDonald to rezone .66 acres from RP (Residential Performance) to B-2 (Business General) in the Stonewall Magisterial District. Action - Denied Mr. Carl McDonald noted for the record that the applicant, M. Lewis McDonald, was not related to him. Mr. Ronald Lewis, son of Mr. M. Lewis McDonald, said that although they do not have a specific use planned for the site, it would probably be a Highs or Handi-mart establishment. Chairman Brumback called for anyone wishing to speak in opposition and Mr. Walter A. Painter, adjoining property owner, came forward. Mr. Painter was particularly opposed to a 24 -hour operation because of the proximity of his home to the site. Mr. Painter also presented a petition of persons against the rezoning because of the traffic congestion in the area. Upon motion made by Mr. Stiles, seconded by Mr. McDonald, and passed unanimously, the petition against Rezoning Application #025 -87 was accepted into the official record as follows: 2507 -10- D, We the undersigl� like to present this petition to the County Planning Commission to leave the said property as residental instead of B2 (Business General) at this time. The bottle neck traffic created at the entrance and exit to Rt. 7 from Valley Mill Road is very heavy and conjested and very dangerous to anyone traveling upon Rt. 2 or Valley Sflill Road. There hawtbeen so many accidents at this intersection. NAME ADDRESS .• ST1.n 11 Mr. James Bowen, adjoining property owner, was opposed because of the existing traffic congestion in this area. Mr. Bowen said that existing businesses in the area have limited hours of operation and close in the evenings. Mr. Stiles noted that the traffic congestion problem at the traffic light at the intersection of Valley Mill Road and Route 7 was caused by traffic coming from three locations--from Dowell J. Howard on Valley Mill Road; from residences and businesses from the corner where the custard stand is located; and from the opposite direction, from the 220 Seafood Restaurant. Mr. Stiles felt the location of the proposed business would add to the congestion problem and he moved for denial. This motion was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Request #025 -87 of M. Lewis McDonald to rezone .66 acres from RP (Residential Performance) to B -2 (Business General) for business uses. This property is located at the intersection of Valley Mill Road and Berryville Avenue in the Stonewall Magisterial District. Rezoning Request #026 -87 of Charles C. Longerbeam and Elaine B. Longerbeam to rezone 153.711 acres from A -2 (Agricultural General) to RP (Residential Performance) for residential development in the Shawnee Magisterial District. Action - Approved Mr. Watkins noted that the relocation of Greenwood Road would go through this property and the property is basically surrounded by residential land. Mr. Charles C. Longerbeam said that he has dedicated approximately 3 1/2 acres of land to the Department of Transportation for the relocation of Greenwood Road. Since no one wished to speak in opposition, motion was made by Mr. Wilson and seconded by Mr. Romine to approve the rezoning. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #026 -87 of Charles C. Longerbeam and Elaine B. Longerbeam to rezone 153.711 acres from A -2 (Agricultural General) to RP (Residential Perfomance) for single - family residential dwellings. This property is located at the intersection of Route 656 (Greenwood Road) and Route 659 in the Shawnee Magisterial District. Rezoning Request #027 -87 of A. Brokers Associated to rezone .68 acres from RP (Residential Performance) to B -3 (Industrial Transition) for a business office in the Stonewall Magisterial District. 2509 12 - Action - Withdrawn Mr. Watkins noted that the lot in question is in a small residential area in the center of a large manufacturing area. Mr. Watkins also noted that the deed received referenced a previous deed of John P. Good, containing restrictions. He said that the deed states that the lot conveyed and all buildings erected shall be used only as a private dwelling and not be used for boarding houses, apartment houses, tenant houses, or for any business purpose. Mr. William E. Wright, III, President of Shawnee Management Corporation, stated that they have a contract on this property for an office building, subject to rezoning. Mr. Wright said that they operate two Hardees restaurants in Winchester and two in Martinsburg and they are running out of office space. He said that they plan to use the building as it is, without any major alterations. In respect to surrounding residences, he said that they planned to use the Moffitt site entrance and the rear entrance of the building. Mr. Wright added that there would be four people working in the office and eight people every other Wednesday for management meetings. Chairman Brumback called for anyone wishing to speak in favor or opposition. The following persons came forward to speak in opposition: Mr. Thomas Brumback presented a petition signed by 16 property owners who were opposed to the rezoning. Mr. Thomas Brumback was concerned that a precedent would be set if this rezoning was approved. Motion was made by Mr. Stiles, seconded by Mr. Golladay, and passed unanimously to incorporate the petition into the minutes as follows: 2510 - 13 - 8/20/87 RE: Rezoning Application No. 02787 of A Brokers Associated, 3237 Valley Avenue, Winchester, Virginia P E T I T I O N 10: The Planning Commission and the Board of Supervisors of Frederick County, Virginia. We, the undersigned, comprise a group of individual lot owners in the Hunter M. Stine Estate Lots Subdivision located and fronting on the East and West boundary lines of U. S. Ewy. No. 11 just North of the City limits of Winchester in Stonewall. Magisterial District, Frederick County, Virginia. We strongly object to the applicant's rezoning request on the following grounds: A. The one parcel of land which is described in the application is one of a total of 31 lots in Hunter W. Stine Estate I,ots Subdivision which are governed by the following restrictive covenants limiting the use of the lots to residential use: 1. "The lot hereby conveyed, and all buildings erected thereon, shall be used only as a private dwelling for one family, and such buildings as may be erected thereon shall not be used for boarding houses, apartment houses, tenement houses, and for any business purpose, except that of operating a tourist home. This covenant shall not prevent the owner of this lot from erecting and using such detached buildings as are customarily used in conjunction with a private dwelling such as a garage." To grant the applicant's request would undermine both at law and in equity the intent of the developer in the purpose of the subdivision and the reliance of the lot purchasers that their lots might be used for other than residential use. B. There is no substantial change in the character of the neigbbor- hoed as would justify a re- zoning. All of the lots in the subdivision are currently used exclusively for residential purposes. A iL- zoning of the applicant's lots would open the doors for future rezoning requests and thus ultimately erode the present residential character of the neighborhood. 2511 - 14 - .. C. The application, if granted, would constitute spot zoning and would not best serve the interests of the overwhelming majcrity of the lot owners in this residential subdivision. We respectfully urge the Planning Commission to deny the applicant's request. 2512 IS �ime10tLe LizoLLo r n „ i 6s4•JO e - z7o'- t Ssi o v 0 765 - A <m � L NJ F'3a'w � K V6°V" ` �G A 1 • \/ O a c. o K GH.o.lre.P'3 5 �o m W••,r w -�\r. n i l9S 219 o a5s2 Ve e`a°' R A.5lms 2o2-4990 3 w. c. 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Honnis, property owner at 1115 Martinsburg Pike, was concerned that a business at this location 'would disrupt the quiet, residential atmosphere. He said that this development is a self-contained neighborhood and the 300 foot lot sizes create a natural buffer from adjoining industry. Mr. Honnis was also concerned that a precedent would be set. Mr. Dorothy L. Tillotson, adjoining property owner, said that a turning lane exists in front of her home and has poor sight distance. Mrs. Tillotson was concerned that a traffic problem would be created here. She was also concerned that a business establishment would disrupt the quiet neighborhood and set a precedent for future business rezonings. Mr. Douglas Russell, owner of Lots 1, 2, and 3, was concerned about traffic problems on Route 11. Mr. Clatus T. Lofton, adjoining property owner, was also very concerned about traffic problems in this area. Mr. Wright, the applicant, said that due to opposition of the residents in the area, he would withdraw his rezoning application. Upon motion made by Mr. DeHaven and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously accept the withdrawal of Rezoning Request 11027 -87 of A. Brokers Associated to rezone .68 acres to B-3 (Industrial. Transition) in the Stonewall Magisterial District. Rezoning Request #028 -87 of Northern Counties Development Corporation to rezone six acres from A -2 (Agricultural General) to RP (Residential Performance) for single-family detached residential dwellings in the Shawnee Magisterial District. Action - Approved Mr. Watkins noted that this property is surrounded by RP Zoning and water and sewer are available. Mr. Carl S. Hales, from Bluemont, Virginia, was present to represent the applicant on this rezoning. Mr. Hales said that he was the President and sole stock holder of Northern Development Corporation. There being no one present wishing to speak in opposition, motion was made by Mr. Wilson and seconded by Mr. Romine to approve the rezoning. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request 11028-87 of Northern Counties Development Corporation to rezone six acres from A-2 (Agricultural General) to RP (Residential Performance) for single-family detached residential dwellings. This property is located on Senseny Road (Route 657), 2514 - 17 - approximately three miles east of Winchester, on the north side, in the Shawnee Magisterial District. Rezoning Request #02987 of Kim Henry to rezone 27 acres from M -1 (Industrial Limited) to B -2 (Business General) and B -3 (Industrial Transition) for business uses in the Stonewall Magisterial District. Action - Approved Mr. Watkins noted that the south side, towards the City of Winchester, (19 acres) is proposed for B -2 Zoning and the north side (6.88 acres) is proposed for B -3 Zoning. It was noted by some of the commissioners that Third Battle Subdivision was on the other side of Baker Lane and that the proposed Dominion Knolls Subdivision was almost directly across from this proposal. It was also noted that a petition for business zoning was proposed for this area some time ago and was denied by the Commission because of the potential traffic problems on Baker Lane. Mr. Kim Henry, applicant, felt it would be better to have this area zoned business rather than industrial, because tractor trailers experience difficulty making turns at Hardees and at Brick Kiln Road. Mr. Henry said that the Department of Transportation has approached him about straightening the road and he is willing to work with them on this matter. Mr. DeHaven commented on the length of the B -2 lots. Mr. Henry said that his intent was to have a road go through the parcel and to subdivide the land into smaller B -2 lots. There being no one wishing to speak in opposition, motion was made by Mr. DeHaven and seconded by Mr. Stiles to approve the rezoning. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #029 -87 of Kim Henry'to rezone 27 acres from M -1 (Industrial Limited) to B -2 (Business General) and B -3 (Industrial Transition) for business uses. This property is located on Baker Lane, north of Fertig Cabinet Company, in the Stonewall Magisterial District. The vote on this rezoning was as follows: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Stiles, DeHaven, Romine NO: Messrs. Myers, Golladay, Wilson, Brumback REPEAL OF SECTION 5 -9, SUBDIVISIONS ON RECORD, OF THE FREDERICK COUNTY ZONING ORDINANCE 2515 - 18 - Action - Approved Mr. Watkins stated that this repeal would remove the zoning code section that allows a "mix of housing types" in an existing subdivision on record. No one was present to speak in opposition. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the repeal of Section 5 -9, Subdivisions on Record Article V, Residential Performance (RP) District, Chapter 21, Zoning, as follows: 5 -9 Subdivisions on Record 5 -9-1 A property which has a final plat on record for more than 50% of the total proposed lots; and where more than 50% of the dwelling units on the property have been constructed or more than 50% of the lots on the property have been sold; and in which there has been no significant mix of housing types, shall only be eligible for a mix of housing types as allowed under this article when and if the developer /builder can demonstrate to the Planning Commission and Board of Supervisors, at a public hearing, that the housing types proposed satisfy the intent of this article. All requests for mix of housing types allowed under this section shall be accompanied by a fee of forty -five dollars ($45.00) and an application submitted to the Department of Planning and Development. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 10:20 P . M. Respectfully submitted, Robert W. Watkins, Secretary 2516