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HomeMy WebLinkAboutPC_07-06-83_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on July 6, 1983. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; Kenneth Y. Stiles; A. Lynn Myers; Manuel C. DeHaven; W. French Kirk; George L. Romine ABSENT: M. Domenic Palumbo CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. The first order of business was the consideration of the minutes of June 15, 1983. Upon motion by Mr. Kirk, seconded by Col. Myers, and passed unanimously, the minutes were approved as presented.* *Mr. Stiles was not present for this vote. BIMONTHLY REPORT Mr. Gyurisin reviewed the Board of Zoning Appeals variance applications approved on June 21, 1983. In reply to Mr. Golladay's question, Mr. Horne stated that the location for C. Longerbeam's rezoning is on Valley Mill Road and Route 656 and consists of 153 acres. SITE PLANS Site Plan #011 -83 of Liberty Realty, zoned B -2 (Business, General), in the Stonewall Magisterial District. ACTION - Approved Mr. Horne read the background information. Mr. Jack Strimple, representative for Liberty Realty, came forward. Mr. Strimple stated that there will be no changes made to the exterior of the building. The building will look like a residence from the road. Mr. Strimple added that there will be an identification sign placed on the property. Upon motion made by Mr. Stiles, seconded by Mr. Kirk, 1767 -2- BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #011 -83 of Liberty Realty for offices in an existing structure on the northside of Route 522 North in Sunnyside. The above resolution passed unanimously. Site Plan #012 -83 of Walter Aikens, zoned B -2 (Business, General), in the Shawnee Magisterial District. ACTION - Approved Mr. Horne stated that this is the same site proposed for the Ground Round Restaurant. This portion proposed by Walter Aikens will supercede the Ground Round Restaurant and will be Phase I. Mr. Chuck Maddox of G. W. Clifford Associates came forward and stated that his organization prepared this site plan for Mr. Aikens. Mr. Maddox stated that, if it is appropriate, they would like to put another entrance on the existing external road. Mr. Stiles felt this could be done administratively. Mr. Horne noted that there will be a series of curb stops to discourage internal traffic. Mr. Golladay asked how much of the property would be put to use and Mr. Maddox replied that two of the five lots will be used. Upon motion by Mr. Kirk, seconded by Mr. DeHaven, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #012 -83 of Walter Aikens for two restaurants and a convenience store with required parking on the southwest corner of the intersection of Route 50 East and Route 522 South. Day Care Centers in Residential Districts Mr. Horne stated that the staff has been contacted by Ms. Eula Rogers in conjunction with her plans to locate a day care facility 1768 -3- on Fox Drive, which is an R -3 zone. Mr. Horne added that this will be a commercial facility. The Commission requested that the staff find out what the state definition of day care centers is and what the state laws concerning day care centers are. Transportation Committee Upon motion by Col. Myers, seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend that the composition and membership of the Transpor- tation Committee consist of one member from each magisterial district; one member of the Planning Commission, with this member being James Golladay; one member from the Board of Supervisors, with this member being the Board of Supervisors' liaison to the Planning Commission; and with staff help from the Planning Department, the Sheriff's Department, and the State Police. The above resolution passed by the following vote: YES: Messrs. McDonald, Stiles, Myers, Brumback, Kirk, DeHaven, Romine ABSTAIN: Mr. Golladay PUBLIC HEARINGS Citv of Winchester Sewer Main Extension Request Mr. Horne stated that the City of Winchester has requested County approval for the extension of a sewer main through the Merriman's Estates /Merriman's Lane area in order to serve the site recently purchased by the Winchester Memorial Hospital at the northeast corner of the intersection of Route 50 and Route 37. Mr. Horne noted that the Board of Supervisors has requested the Commission to conduct a public hearing under Section 15.1 -456 of the Code of Virginia to determine that the location of this sewer main is "substantially in 1769 -4- compliance with the adopted Comprehensive Plan" and also to make any other general recommendations they felt appropriate. Mr. James Givens, Public Utilities Director for the City of Winchester, came forward. Mr. Givens gave a general overview of the route for the sewer main. He stated that the line would start at the end of the Handley Avenue, Bellview Avenue, and Williamsburg Heights area and run parallel along the Winchester /Western Railroad up to the corporate limits of Merriman's Estates. At this point, the line would come into the County and run to the area behind Boyce's Western Shop, where it then goes back into the City. Mr. Givens said that this route was chosen to get proper gravity flow in order to eliminate using pumps, which are more costly. Mr. Givens stated that as a result of a citizens' meeting he has determined that the sewer line from Wayland Drive, north to the City limits, can be shifted 50' -75' to the east. This would shift the line off the properties on Wayland Drive and onto the rear lots that actually belong to the people fronting on Merrimans' Lane. The Commission next discussed the possibility of alternative routes with Mr. Givens. Mr. William H. Baker, Supervisor of the Back Creek District, came forward. Mr. Baker asked if the City residents would be allowed to hook onto the line, which would mean coming across County property and Mr. Givens thought this would be possible. Mr. Baker was concerned about the drainage problems in the area. Mr. A. V. Dailey, property owner, came forward. Mr. Dailey was concerned about the possible damage to property and homes should something happen while the sewer line is being put in. 1770 -5- Mr. Harry Payne, property owner at 1908 Wayland Drive, came forward. Mr. Payne wanted the Commission to consider alternative routes for the line. Mrs. Joseph Neville, property owner at 1809 Wayland Drive, came forward. Mrs. Neville was concerned if there would be hazardous wastes, such as communicable disease, passed through the system. In answer to Mrs. Neville's question, Mr. Givens stated that anything which is untreatable by the biological process will not be allowed to be put into the system. The Commission next discussed the possibility of using a larger pipe for the line so that more people could be served than just the hospital. Mrs. Margaret Payne, property owner on Wayland Drive, came forward. Mrs. Payne was concerned about the run off because of the amount of limestone in the area. Upon motion by Col. Myers, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby determine that the City of Winchester Sewer Main Extension request is substantially in compliance with the Frederick County Comprehensive Plan. The above resolution was passed by the following majority vote: YES: Messrs. McDonald, Romine, Kirk, Golladay, Brumback, Myers, Stiles NO: Mr. DeHaven Upon motion by Mr. Stiles, seconded by Mr. Kirk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend that the Board of Supervisors base their approval of this request on the following requirements: 1. Approval is based on the location as described in the maps submitted by the applicant (approximately 50 feet east of the rear property lines of the properties which front on Wayland Drive). 1771 Me 2. Written assurance be received from the City that the contractor is required to carry adequate liability insurance and bonding to cover possible damage to adjacent properties. 3. In the case of malfunctioning septic systems, consideration be given to allowing residents of Merriman's Estates to connect to this line. 4. A commitment be received from the City that post development runoff rates not exceed predevelopment rates. 5. A commitment be received from the Winchester Memorial Hospital to work with the residents of Merriman's Estates to improve stormwater drainage patterns. The above resolution was passed by the following majority vote: YES: Messrs. Kirk, DeHaven, Golladay, Brumback, Myers, Stiles, McDonald NO: Mr. Romine Rezoning request #009 -83 of Thomas C. Baker to rezone 1.607 acres, zoned M -1 (Light Industrial) to B -3 (Industrial Transition), in the Stonewall Magisterial District. ACTION - Approval Mr. Horne gave the background material. Mr. Horne noted that Mr. Baker would like to have a tenant in one of his buildings who has an auto repair garage. Mr. Thomas Baker, owner of the property, came forward. There being no one present wishing to speak in favor or opposition to this rezoning, Mr. DeHaven moved for approval. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve rezoning petition #009 -83 of Thomas C. Baker to rezone 1.607 acres from M -1 (Light Industrial) to B -3 (Industrial Transition) for an auto garage and storage building. 1772 -7- Rezoning Petition #010 -83 of Thomas D. Orndorff to rezone .75 acres now zoned B -1 (Business, Limited) to B -2 (Business, General) in the Opequon Magisterial District. ACTION - Approved Mr. Horne gave the background material. Mr. Horne noted that all the fronting zoning in this area along Route 277, east of Route 81, was held over at the B -1 category after the Commission had already changed the B -1 to Neighborhood Business. Mr. Thomas D. Orndorff, applicant, came forward. In answer to Mr. Golladay's question, he stated that he would probably have no more than five automobiles on the property to sell. There being no one present wishing to speak further, Mr. Golladay moved for approval. This motion was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Petition #010 -83 of Thomas D. Orndorff to rezone .75 acres from B -1 (Business, Limited) to B -2 (Business, General) for a used auto sales with office. Conditional Use Permit #007 -83 of Yusaf Ali for a supervised campground for children in the Back Creek Magisterial District. Mr. Horne gave the background information. Mr. Yusaf Ali came forward and introduced himself to the Commission. In answer to Mr. Romine's question, Mr. Ali stated the buildings and swimming pool located on the property are useable, although some plumbing and electrical work needs to be done. Mr. Ali said that if he expands, he would want to install more septic system capability and build more cabins. Mr. Ali added that he will have certified camp directors and within a year hopes to have the camp certified to meet the American Camping Association Certification 1773 am Standards. In answer to Mr. McDonald's question on fund raising activities, Mr. Ali stated that these will consist of arts and crafts or musical festivals, with profits going towards upgrading the facility. Mr. Paul A. Sweeney, adjoining property owner, came forward. Mr. Sweeney wanted to know the effect this campground would have on his taxes because he felt his property would be decreased in value. Mr. Sweeney was concerned about the supervision of the children and who would be responsible for their actions should they damage adjoining property. Mrs. Ellie Adams, adjoining property owner, came forward. Mrs. Adams was concerned about the exit /entrance to the property, what types of vehicles will transport children, the number of supervisors, ages of children, the types of recreational activities, and the laws governing camps. The Commission and Mr. Ali discussed Mrs. Adams questions and determined that some work would need to be done to the entrance if fund raising activities took place; state approved buses will be used for transportation; there will be a supervisor present while children are at the camp, and the ages of the children will be from 8 to 18 years old. Mr. Stiles requested that Mr. Ali provide the Board of Supervisors with a copy of the American Camping Association Certification Standards. Mrs. Anderson, adjoining property owner, came forward. Mrs. Anderson inquired if the camp would be operated throughout the year. 1774 Mr. Ali replied that the camp would be operated everyday throughout the summer and on weekends while school is in session. Mrs. Sweeney came forward and she was concerned that this camp would decrease the value of her property. The Commission next discussed conditions to be placed on this conditional use permit. Mr. DeHaven then moved for approval with the conditions discussed. This motion was seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #007 -83 of Yusaf Ali for a supervised campground for children with the following conditions: 1. This will be a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit will expire and a new conditional use permit will be required. 3. Camping to be short -term, primitive camping for school -age children only. 4. No camping by travel trailers on a regular or fee basis. 5. Total persons on the site to be regulated by Health Department requirements. 6. Any change in the basic nature of the camping will necessitate an amendment to this permit. 7. All permanent occupancy structures for staff must meet Building Code requirements. 8. A site plan is required for Planning Commission approval. 9. All fund raising events to be reviewed by Board of Supervisors as to the need for an Outdoor Festival Permit. 10. Camp must be operated according to the American Camping Association Certification Standards. 11. Camp shall have permanent, onsite manager at all times when camp in operation. 12. No alcoholic beverages are permitted on the premises. 1775 -10- The above resolution was passed by the following majority vote: YES: Messrs. DeHaven, Golladay, Brumback, Myers, Stiles, McDonald NO: Messrs. Romine, Kirk Conditional Use Permit #008 -83 of R. D. Brown /Bauserman Oil Company, Inc. for an off - premises highway sign on a movable vehicle, as per Virginia Department of Highways and Transportation requirements, in the Stonewall Magisterial District. ACTION - Tabled There being no representative available at this meeting, motion was made by Mr. Stiles, seconded by Mr. Golliday, and passed unanimously to table. BE IT RESOLVED, That Conditional Use Permit #008 -83 of R. D. Brown/ Bauserman Oil Co., Inc. is tabled due to lack of representation. Sewer and Water Extension Projects by the Frederick County Sanitation Authori The Commission continued their discussion from their last meeting on these projects in relation to the Comprehensive Plan. The Commission's recommendations on these lines were that the Route 277 Water Project and the Route 522 South Water Project are substantially in compliance with the Frederick County Comprehensive Plan. The Route 522 South Sewer Project is substantially in compliance with the Frederick County Comprehensive Plan for the natural gravity service area only. Any plans to pump additional flows into the sewer line from outside the gravity service area would require a further approval by the Commission and Board of Supervisors. Route 277 Water Project: 1776 -11- YES: Messrs. Romine, Kirk, DeHaven, Golladay, Brumback, McDonald NO: Mr. Myers (Mr. Stiles not present for this vote) Route 522 South Water Project: YES: Messrs. Romine, Kirk, DeHaven, Golladay, Brumback, McDonald NO: Mr. Myers (Mr. Stiles not present for this vote) Route 522 South Sewer Project: YES: Messrs. Romine, Kirk, DeHaven, Brumback, Stiles, McDonald NO: Messrs. Golladay, Myers 1983 -84 Improvement Budget Mr. William Bushman of the Virginia Department of Highways and Transportation presented the 1983 -84 Improvement Budget for the Secondary System in Frederick County. As this budget was in compliance with the adopted Six Year planning goals of the County, Mr. Stiles moved for approval. This motion was seconded by Mr. Golladay and passed unanimously. Discussion on Priority List for Road Surfacing Projects Mr. Horne presented a list compiled by the Virginia Department of Highways and Transportation on all the roads in Frederick County which are eligible for the hard surface funds through the Six Year Plan. The Commission members dicussed individual requests they received from the general public for road resurfacing. 1777 -12- Mr. Gilbert D. Sellner came forward and stated that he lived on the dead end of Route 851, which is #18 on the priority list. Mr. Sellner asked that this road continue to be considered for resurfacing because of its heavy use. The Commission decided to continue discussion of this priority list at their next meeting. Informal Discussion by Ron Ward Chairman Brumback released the chair to Vice - Chairman Golladay because of a possible conflict of interest. Chairman Brumback stated that he would not participate in the discussion. Mr. Ron Ward came forward and presented details for a proposed mobile home park in Frederick County. Mr. Ward stated that he requested this informal discussion to get the views of the Planning Commission on his request prior to actually submitting application. The Commission next discussed the details of the mobile home park with Mr. Ward. Vice - Chairman Golladay released the chair back to Chairman Brumback for the remainder of the meeting. ADJOURNMENT There being no further business to discuss, motion to adjourn was made by Mr. Stiles, seconded by Mr. Golladay, and passed unanimously. Respectfully submitted, Frank Brumbackc, Chairman h T. P. Horne, Secretary 1778