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HomeMy WebLinkAboutPC_01-18-89_Meeting_Minutes-1- MEETING MINUTES of the FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Meeting Room in the Old Frederick County Courthouse in Winchester, Virginia on January 18, 1989. PRESENT: James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice Chairman; Carl M. McDonald, Gainesboro District; Manuel C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; Marjorie H. Copenhaver, Citizen at Large; Kenneth Y. Stiles, Board Liaison Also present were: Robert W. Watkins, Secretary; and Kris C. Tierney, Advisory ABSENT: Frank Brumback _. 74-1A3070 0 s1 Vice Chairman Golladay called the meeting to order at 7:00 p.m. ELECTION OF OFFICERS ACTION - ELECTION OF JAMES W. GOLLADAY JR. FOR CHAIRMAN The nomination of James W. Golladay, Jr. for chairman was made by Mr. Romine and seconded by Mr. DeHaven. Upon motion by Mrs. Copenhaver and seconded by Mr. Stiles, the Commission voted unanimously to close nominations for chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby elect James W. Golladay, Jr. as chairman for 1989 by unanimous vote. ACTION - ELECTION OF BEVERLY SHERWOOD AS VICE CHAIRMAN The nomination of Beverly Sherwood for vice chairman was made by Mrs. Copenhaver and seconded by Mr. DeHaven. 2822 -2- Upon motion by Mr. McDonald and seconded by Mr. Wilson, the Commission voted unanimously to close nominations for vice chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby elect Beverly Sherwood as vice chairman for 1989 by unanimous vote. ACTION - ELECTION OF ROBERT W. WATKINS FOR SECRETARY The nomination of Robert W. Watkins for secretary was made by Mr. McDonald and seconded by Mr. Wilson. Upon motion made by Mrs. Copenhaver and seconded by Mr. Wilson, the Commission voted unanimously to close nominations for secretary. BE IT RESOLVED, That the Frederick County Planning Commission does hereby elect Robert W. Watkins as secretary for 1989 by unanimous vote. ACTION - 1989 MEETING SCHEDULE Upon motion by Mrs. Copenhaver, seconded by Mr. DeHaven and unanimously approved, BE IT RESOLVED, That the Frederick County Planning Commission does hereby designate that the regularly scheduled meetings of the Planning Commission shall be held the first and third Wednesdays of every month at 7.00 p.m. in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia. OTHER PLANN COMMISSION RELATED ITEMS Mr. Stiles said that the Board of Supervisors has endorsed his decision to become a non - voting member of the Planning Commission. Mr. Stiles also noted that due to Mrs. Sherwood's change of residence, the Board has designated her as an "At- Large" member of the Planning Commission and has appointed Mr. McDonald as the representative for Gainesboro District. Mr. Stiles said that the Board also generally supports the appointment of two additional "At- Large" members to the Commission. It was also noted that since Mr. Brumback has asked 2823 -3- not to be re- appointed, the Board would need to appoint someone else to fill the Back Creek District position. Mr. Stiles suggested that the Planning Commission delay committee appointments until the new members are appointed. Mr. Stiles expressed his appreciation and gratitude, on behalf of the Commission, the County and himself, to Mr. Brumback for his time and efforts over the years to Frederick County. BIMONTHLY AND MONTHLY REPORTS Mr. Stiles noted that the accumulative total for residential permits for the current year was almost the same as the previous year. He said that it is still at a high level, but the dramatic increase has disappeared. COMMITTEE REPORTS Sanitation Authority The Sanitation Authority met on January 17, 1989 and Mrs. Copenhaver reported that all treatment plants were working in good order. Mrs. Copenhaver said that Mr. Wellington Jones, Director, presented data on the number of lots with final design, the number under construction, and projections for the future, if the current rate of growth continues. She said that the Sanitation Authority recommended that the Planning Commission arrange to have Mr. Jones on their agenda to deliver this information to the Commission. Comprehensive Plan Subcommittee Mr. Watkins reported that the Comprehensive Plan Subcommittee discussed rural and urban development areas and sewage disposal. He said that the Planning Commission and Board of Supervisors will have a joint worksession on January 23, 1989 to discuss the Comprehensive Plan. SITE PLANS 2824 -4- Site Plan #044 -88 of Frederick Plaza for a shopping mall in the Gainesboro Magisterial District. Action - Approved Mr. Tierney said that the plan met all zoning, site planning, subdivision and land development criteria. Mr. Harry Benham, attorney, was present on behalf of the owners. Mr. Michael Clark, project designer with Crossroads Development, presented the site plan to the Commission. Mr. Clark said that they are planning to have an entrance on Route 522 and one off Fox Drive. He said that they will not have any access to Westminster - Canterbury Drive at this time. Mr. Stiles asked if the entrance onto Fox Drive could be lined up with the private drive across the street. Mr. Clark felt they would have a smoother traffic flow where they had planned the entrance. Mr. Stiles asked about access for the second, rectangular - shaped lot on Fox Drive. Mr. Clark replied that it would have access to the interior road, but not Fox Drive. Mr. Stiles also inquired about the lot fronting on Route 522. Mr. Clark replied that the lot would be accessed off their interior drive. Mr. Stiles felt that the access for these lots should be made a part of the approval for this plan and also, that the corner lot will have access only to Westminster - Canterbury Drive. Mrs. Copenhaver asked how the back of the residential buildings would be screened since they were at a higher elevation than the shopping center. Mr. Benham said that the owners of Tudor Square are considering having the pine trees placed on their property, rather than the shopping center property. Upon motion made by Mr. McDonald and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #044 -88 of Frederick Plaza, zoned B -2, for a shopping mall on the south side of Route 522, east of Route 37, in the Gainesboro Magisterial District. LENOIR CITY COMPANY REQUESTS 2825 -S- Mr. Tom Gilpin, with Lenoir City Company of Virginia, had two requests for the Planning Commission's consideration. Mr. Gilpin said that they have received interest from a concrete block manufacturer, currently 'located in Frederick County, to locate in the Stonewall Industrial Park. Mr. Gilpin noted that this use is not currently permitted in the M -1 Zone. He said that he would like to amend the ordinance to allow the sale and manufacture of concrete products in the M -1 Zone. The Commission was generally in agreement with amending the ordinance, with the stipulation that full screening of outside storage be required. Mr. Gilpin said that his other request concerned the revised Comprehensive Plan. Mr. Gilpin requested an adjustment in the urban development line to include some 20 -30 remaining acres of Lenoir Company land, which was a part of the same tax parcel and has access to public water and sewer. Mr. Gilpin mentioned their plans to rezone this area to residential in the future. Mr. Watkins said that the staff's intent was to include all the major industrial parks in the urban development area. He said that due to a misunderstanding of the actual zoning of this property, it was left out of the urban development area. Mr. Watkins felt Mr. Gilpin's request was reasonable. Chairman Golladay said that he would take this request to the joint Planning Commission /Board of Supervisors worksession for consideration. PUBLIC HEARINGS An amendment to allow regional criminal justice, enforcement, and detention facilities in the M -1 (Light Industrial) Zoning District. Action - Approved Mr. Watkins said that the County Administrator's Office has requested that the Planning Commission take action to allow the regional jail in the M -1 (Light Industrial) District. Mr. John Riley, Jr., the Frederick County Administrator, gave a slide presentation showing the 20 -acre site under 2826 contract. Mr. Riley said of Lot 6 and parts of Industrial Park. He said feet from any residential industry (McDole), and petroleum products company that the Jail Board would purchase all Lots 7 and 42 in the Fort Collier that the facility will be over 1,000 property, 1,000 feet from the closest approximately 3,000 feet from the located off Smithfield Avenue. Mr. Riley noted that there will be no outdoor recreational areas, no fences or barbwire, no search lights or towers and the structure will be no higher than 45 feet. Mr. Riley stressed the importance of this facility meeting all American Accredited Standards. He said that two important points are that: 1) the jail facility is in close proximity to fire protection; 2) the support groups for rehabilitation are in close proximity to the jail. Chairman Golladay called for anyone in the audience who wanted to speak in opposition and the following people came forward: Mrs. Helen Momsen, a Winchester resident, felt that there was not sufficient input by the area citizenry on the location chosen. She also had concerns on the following matters: 1) an evacuation plan in case of emergency, in light of the jail's proximity to the petroleum products company; 2) adequacy of existing roads; 3) would existing businesses be adversely effected; 4) is the site large enough to handle growth in Clarke, Frederick and Winchester for the next 50 -75 years; 5) why was this site chosen over the area next to Camp 7. Mrs. Charlotte Kline, President of the Winchester Citizens Association, felt that citizens' concerns were not adequately addressed. Mrs. Kline was opposed to the Fort Collier site and her concerns were: 1) not enough land for future expansion; 2) no outdoor recreational facilities were proposed; 3) potential problems with nearby storage of hazardous materials; 4) evacuation procedures not addressed; 5) adequacy of existing roads; 6) too close to existing populated areas. Mrs. Kline felt the facility should be located at Camp 7. Mrs. Brenda Nelson, resident at 625 Fairview Avenue in Winchester, was opposed to amending the zoning ordinance and she had the following concerns: 1) nearby storage of hazardous materials; 2) an evacuation plan for prisoners; 3) increased traffic. 2827 - Mr. Riley said that the life cycle cost for locating in White Post versus a site near the Judicial Center was in excess of 12 million dollars. Mr. Riley noted the costs for establishing a central booking and holding facility and transportation costs if the facility was constructed in White Post. The Commission felt this location was appropriate for the jail facility. They also believed that the traffic generated would not be significantly more than for any other industrial site in that area. Upon motion made by Mr. DeHaven and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XIV, M -1 (Light Industrial) District, Section 14 -2, Allowed Uses, to allow regional criminal justice, enforcement and detention facilities for Frederick County, Clarke County and the City of Winchester. An Amendment to Establish a New Zoning District - -HE (Higher Education) Action - Approved Mr. Watkins said that at the request of Shenandoah College, a Higher Education Zoning District has been drafted and reviewed by the Ordinance Subcommittee. Chairman Golladay asked if the proposed ordinance allowed for full visual screening and Mr. Watkins replied that it did. Upon motion made by Mr. 'DeHaven and seconded by Mr. McDonald, BE IT RESOLVED, That' 'the Frederick County Planning Commission does hereby unanimously agree to establish the HE (Higher Education) District,, Article XVII, of the Frederick County Code, Chapter 21, Zoning. This district will allow institutions of higher education with yard, screening, and height requirements. An amendment to Article I, In General, 1 -1 Definitions, to add a definition of higher education was also included. r: Revised Rezoning Application #019 -88 of Willis White to rezone 2.0498 acres in Stephens City from B -1 (Business Limited) to B -2 (Business General) for business uses in the Opequon District. Action - Approved Mr. Watkins said that before the Board took action on this request, the applicant requested that the application be changed from a B -3 rezoning to a B -2 rezoning. Mr. Willis White, the applicant, was present to answer questions. Mr. Harry Stimpson, adjoining property owner, said that he did not oppose rezoning to B -2; however, he felt this was a retail area and warehousing was not favorable for landowners on either side. Mr. Stimpson felt that warehousing did not fit in with the locality and it went against all the zoning they have worked on throughout the years. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Revised Rezoning Application #019 -88 of Willis White to rezone 2.0498 acres from B -1 (Business Limited) to B -2 (Business General). This property is located in Stephens City, directly behind Tony's Supermarket, in the Opequon Magisterial District. Rezoning Application #020 -88 of Winchester Office Center Limited Partnership to rezone 24.95 acres from M -2 (Industrial General) and B -2 (Business General) to B -2 (Business General) and B -3 (Industrial Transition) in the Shawnee District. Action - Approved Mr. Watkins said that this rezoning appears to conform with surrounding and typical zoning patterns. Mr. Robert Mitchell, attorney, said that he represented the Winchester Office Center Limited Partnership and the general partner, Wiltshire- Turner Ltd. Mr. Mitchell said that Wiltshire - Turner Ltd. is a Virginia corporation with headquarters in Middleburg, Virginia. Mr. Mitchell said that the applicant is proposing to rezone the western seven acres to B -2 and the 2829 eastern 18 acres to B -3; the front portion on Route 522 to B -2, with B -3 zoning to the rear. Mr. Nevil Turner of Wiltshire- Turner Ltd. was also present to answer questions. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Fredrick County Planning Commission does hereby unanimously approve Rezoning Application #020 -88 of Winchester Office Center Limited Partnership to rezone 24.95 acres from M -2 (Industrial General) and B -2 (Business General) to B -2 (Business General) and B -3 (Industrial Transition). This property is located on the east side of Route 522 South in the Shawnee District. PRE - APPLICATION DISCUSSION WITH WINCHESTER OFFICE CENTER Mr. Nevil Turner, President of Wiltshire- Turner Ltd., which is the general partner of the Winchester Office Center partnership, was present to answer questions. Mr. Turner said that they planned warehousing to the rear of the property and offices in the front section. Mr. Bruce Edens, of Greenway Engineering and Surveying, explained the layout for the development proposed. Annual review, renewal and cancellation of all conditional use permits approved beginning July, 1979 by the staff, the Planning Commission and the Board of Supervisors. Mr. Tierney presented the list of existing conditional use permits. He said that the staff recommends renewal of all the permits except for the ones listed as having complaints filed against them or that have had inquiries by the Planning Commission and Board or are no longer in operation. Upon motion made by Mr. Romine and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby renew all listed conditional use permits beginning in July, 1979 except for the following permits: 2830 -.10- Complaints / Inquiries 019 -87 Jane Sullivan (Shawn) -- Public Garage 012 -83 James Lofton (Opeq) - -CB Repair 017 -82 Charles & Nancy Thompson (Gaines) -- Garden Supply 003 -81 Joseph Geraci (Opeq) -- Winery Eliminate 067 -76 Theodore & Margaret Sisk (Shawn) - -no longer owns property 018 -80 Shirley Meade (Gaines) - -out of business 006 -86 Rodney L. Cowley (Gaines) -- property rezoned 005 -86 Orville L. Comer (Shawn)- -never constructed 008 -77 Bigmans Restaurant (Shawn) - -no longer in existence PUBLIC MEETING Preliminary Master 'Development Plan #020 -87 of Stimpson Apartments, Zoned RP, for garden apartments in the Opequon District. Action - Approved Mr. Bruce Edens, of Greenway Engineering and Surveying, presented the plan to the Commission. Mr. Edens said that this plan was submitted some 16 -18 months ago, but was put on hold because of the moratorium placed on hook -ups to the Stephens Run plant. Mr. Edens said that he has received a letter from the Sanitation Authority stating that sewer will be available in June. Mr. Harry Stimpson, owner, gave the Commission some of the history surrounding this project. Chairman Golladay asked Mr. Stimpson if he was aware of the letter from the Town of Stephens City regarding the compatibility of this development with the town's sewage treatment facility. Mr. Stimpson said that he was aware of the letter, but it came as a suprise to him, because this land had been zoned since 1976. Upon motion made by Mr. DeHaven and seconded McDonald, BE IT RESOLVED, That the letter dated January 17, 1989 Town of Stephens City and addressed to Robert Watkins, Director, is hereby made a part of the offical record Commission's unanimous vote, as follows: by Mr. from the Planning by the 2831 - 11 - TOWN OF STEPHENS CITY HAND DELIVERED P. 0. BOX 250 STEPHENS CITY, VA_22655 -0250 January 17, 1989 Mr. Robert Watkins Director of Planning County of Frederick 9 Court Square Post Office Box 601 Winchester, Virginia 22601 RE: Stimpson Apartments Dear Mr. Watkins: This letter is in behalf of the Mayor and Town Council of the Town of Stephens City. It is in response to the proposed " Stimpson Apartments" designed to be constructed on property adjacent to the Town's sewage treatment facility. When the Stephens City stablization pond was built in 1963, the area was considered remote from residential develop ment. The property that is now proposed for one hundred forty (140) garden apartments was an orchard and hay field. Orchards and wastewater treatment facilities might be con- sidered compatible neighbors. There is certainly no way that the same can be said for housing and wastewater treatment fa- cilities. Just ask the neighbors in Ridgefield and Stephens Village subdivisions. The Stephens City wastewater treatment plant has met regu- lations every month since 1986 when the plant was upgraded to a secondary treatment plant. However, there are days when odors occur and numerous complaints are filed in this office. Even A. W. T. facilities cannot guarantee odorless evenings in mid- summer. As you are aware, a second sewage treatemnt plant, operated by the Frederick County Sanitation Authority, is also less than one - quarter ('-,) mile away. I am not sure what record it has in meeting regulations, but it too generates odors. Will it be fair to the future residents of the proposed garden apartments to subject them to the disagreeable conditions 2832 - 12 - Mr. Robert Watkins January 17, 1989 Page Two associated with a sewage treatment facility that is less than a city block away? Sewer plants, no matter how well they are operated, are going to emit odors. They also cost thousands of dollars and should not be relocated at the expense of the existing users. The Town of Stephens City owns an additional seven (7) acres of land adjacent to its existing lagoon system and the Stimpson tract. This additional acreage has been reserved for a number of years for expansion of the wastewater treatment fa- cility. There are other problems that maybe foreseen with the con- struction of one hundred forty (140) apartments adjacent to the wastewater plants. The sewage plant is enclosed by a woven wire fence. However, the fence can be easily crossed by anyone who so desires. Of course, the Town's property is posted, but it cannot be constantly guarded against trespassers; particularly young persons who may visit the site out of curiousity. There are many hazards such as deep water, high voltage, chlorine and sulfur dioxide gas, etc. Chlorine and sulfur dioxide gases, as you well know, are very toxic. In the event of a major leask, it is possible that an evacuation of the homes in the vicinity may occur. There are many reasons why housing should not be built near sewage plants. Perhaps, the County Planners should reconsider the zoning of this area and permit more compatible uses such as warehousing. . The quality of life of the persons who move into the new housing will be affected by the proximity of the sewer plants. The developer should be made aware of this. Any person who may live there should have prior knowledge of this fact, also. In fact, complaints should be directed to the developer because complaints originating from the new housing will be a direct re- sult of the developer's enterprise. , 2833 Mr. Robert Watkins 13 January 17, 1989 Page Three The Town of Stephens City would like to go on record to oppose the development of the property as proposed by Mr. Stimpson. n l sincerely yours, Michael K. Kehoe Town Administrat Town of Stephens Dr /Engineer City, VA MKK /jjb 2834 -14 Mr. Tierney said that the initial application was received prior to the December 1987 revisions to the RP regulations, as well as the master plan revisions. Mrs. Copenhaver noted that the recreational facilities were adjacent to the roadway and parking lot. She recommended that the facilities be moved to a safer location. Chairman Golladay suggested that the applicant meet with officials from the Town of Stephens City to address the issues raised. Upon motion made by Mr. McDonald and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Development Plan #020 -87 of Stimpson Apartments, zoned RP, for garden apartments (140 units, 9 buildings) on 11.704 acres on the south side of Route 277, a short distance from I -81, in the Opequon Magisterial District. The Planning Commission also recommends that the applicant meet with officials from Stephens City to address the issues raised by the Town of Stephens City concerning the compatibility of this proposed development with their sewage treatment facility. NICK SMART DISCUSSION Regarding the Route 50 rezoning by Nick Smart, Mr. Watkins said that this item was tabled because of concerns about controlling highway access. It was the staff's opinion that although the issue of controlling highway access was important, it should not determine whether or not the property should be rezoned. Mr. Watkins said that the staff is researching the issue of how best to control highway access. He felt it would be best addressed through the corridor and road improvement process. Mr. Nick Smart, representing the'Route 50 property owners, also felt that the rezoning of the property and the entrances were two separate issues. Mr. Smart said the property is surrounded by B -2 zoning, it is a major entrance to the City, and the property owners have paid a substantial amount of money to have sewer and water installed. Mr. Smart said that the property owners prefer to sell the property as one whole parcel. Mr. Jeff Kessler, Assistant Residential Engineer with the 2835 - 1s- local office of the Department of Transportation, stated that his department does not get involved in rezonings other than to tell the applicant if sufficient site distance is available, should the property be rezoned to business. Mr. Kessler said that all other issues are addressed during site plan review. Mr. Watkins said that this rezoning would be coming back to the Planning Commission on February 1, 1989. BY WILLIS WHITE Mr. Watkins presented a letter from Willis White requesting that mini -self storage businesses be allowed in the B -2 (Business General) Zoning District. Mr. Watkins said that he had received a previous similar request from Cambridge Corporation. Mr. Watkins added that there is a national trend towards allowing such retail storage facilities in business areas. Mr. Willis White explained that the mini -self storage business serves the residential market and small businesses. He said that owners serve their own storage unit with their own lock and key. Mr. White said that the storage units are low cost for the County, but represent a good tax base. Mr. Harry Stimpson said that he owns approximately five acres, zoned B -2, behind the Red Apple. He said that they had planned retail uses for the area, however, their plans were put on hold due to the moratorium. Mr. Stimpson said that when the moratorium is lifted, he wants to proceed and, therefore, he wanted the area to remain basically retail. Chairman Golladay said that he did not have a problem with a retail use on the front and storage area to the rear. However, he did have problems with strictly warehousing. Chairman Golladay said that it may not be proper to allow the warehouse use in every B -2 Zone throughout the county. After some discussion, the Commission decided to refer this item to the Ordinance Subcommittee for further study. 2836 -16- Mr. Watkins presented the Ordinance Subcommittee's recommendations for zoning ordinance amendments to the MH -1 (Mobile Home Community) District. Mr. Wilson. had concerns about the 15' minimum spacing requirement for mobile homes. He said that after a porch is constructed on the mobile home, there is not much room left for fire apparatus to get through. Mr. Wilson said that he would like to see more land used per mobile home. He said that it would make the park look better and be safer. The Commission also discussed whether all or some of the streets should be public or remain private. It was decided to send these amendments back to the Ordinance Subcommittee for further study. ANNUAL REPORT FOR THE FREDERICK COUNTY PLANNING Mr. Watkins presented the 1988 Annual Report for the Department of Planning and Development. No other business remained to be discussed and the Commission adjourned at 9:55 p.m. Respectfully submitted, Robert W. Watkins, Secretary J mes W. Golladay, Jr., Chairman 2837