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HomeMy WebLinkAboutPC_12-07-94_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on December 7, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro District; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Opequon District; Charles S. DeHaven, Jr., Stonewall District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; Terry Stone, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. ABSENT: John R. Marker, Vice Chairman /Back Creek District Planning Staff present were: Robert W. Watkins, Director /Secretary; W. Wayne Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES - OCTOBER 19, 1994 AND NOVEMBER 2, 1994 Upon motion made by Mr. DeHaven and seconded by Mr. Thomas, the minutes of October 19, 1994 were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of November 2, 1994 were unanimously approved as presented. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. 3913 N COMMITTEE REPORTS Sanitation Authority - 11130/94 Mtg. Mrs. Copenhaver reported that the expansion of Parkins Mill is on schedule to be completed next fall. She said that the bids for the 522 South Sewer Project are scheduled to be opened today. PROPOSED MAINTENANCE HANGER /OFFICE SPACE AT THE WINCHESTER REGIONAL AIRPORT Action - Recommended Approval Mr. Miller said that a representative for the Winchester Regional Airport has requested an opportunity to present a site plan to develop a new hanger that will provide two stories of office space, as well as an area that will be utilized for the maintenance of aircraft. Mr. Miller said that additional parking areas will be provided for the proposed facility. Mr. Michael D. Kane, of Delta Airport Consultants P.E., came forward to present the site plan to the Commission. The Planning Commission had no problems with the site plan as presented. Upon motion made by Mr. Romine, seconded by Mr. Light, and unanimously passed, BE IT RESOLVED, That the Frederick County Planning Commission does hereby provide administrative approval authority for the proposed site plan of the Winchester Regional Airport once all comments have been adequately addressed. Subdivision Application #012 -94 of Lenoir City Company to subdivide a 6.954 acre lot from a 48.834 acre tract. This property is located at the end of McGhee Road in the Stonewall Industrial Park and is identified with PINS 43 -t9 -2 and 43 -19 -43 in the Gainesboro District. Action - Approved 3914 3 Mr. Miller said that no use has yet been specified for the property and no review agencies have any particular concerns at this time. Mr. Miller said that there is an approved master plan for the Stonewall Industrial Park of which this property is a part. He said that the subdivision met all ordinance requirements. Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, the consulting engineers, was present to answer questions from the Commission. The Commission had no problems with the subdivision. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #012 -94 of Lenoir City Company to subdivide a 6.954 acre parcel in the Stonewall Industrial Park. WILLIS WHITE REQUEST FOR A SUBDIVISION VARIANCE FOR PROPERTIES IDENTIFIED AS 53 -A -92 AND 53 -A -90 Action - Recommend Approval Mr. Miller said that in conjunction with their estate planning, Mr. M. Willis White, on behalf of his parents, Mr. & Mrs. C. Ridgely White, is requesting permission to create a minor rural subdivision that does not meet current ordinance requirements. Mr. Miller said that the issue is not the permitting of reduced setbacks, but one of allowing a division of land that will result in reduced setbacks. He explained that there are two houses on the property and this proposed division will result in the houses being located on separate tracts. Mr. Miller said that because of the location of the houses, it would be impossible to divide the land so as to put the houses on separate tracts and not have reduced setbacks. Mr. M. Willis White said that he was asking for a 32' setback reduction from the house on the proposed 11.008 acre tract identified as PIN 53 -A -92 and a 22' setback reduction from the house on parcel 53 -A -90. The Commission had no problems with allowing the subdivision that would result in reduced setbacks. Upon motion made by Mrs. Copenhaver and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of allowing a land division that will result in reduced M! ",. 0 setbacks on property owned by Mr. and Mrs. C. Ridgely White and identified as Parcels 53- A-92 and 53 -A -90. Master Development Plan #007 -94 of Saratoga Meadows for 42 single- family detached traditional housing units. This property is located on the south side of Senseny Road (Rt. 657), approximately 150' west of Greenwood Road (Rt. 656), and is identified with PINS 55- A -195 and 54- A -125A in the Shawnee Magisterial District. Action - Recommend Approval Mr. Bruce Edens, of Greenway, Inc., representing the applicant and owner, John Henry Giles and June L. Shreck, presented the master plan to the Commission. Mr. Tierney gave the background information and review agency comments. Mr. Tierney said that the location of the proposed stormwater management facilities needs to be indicated and described on all subdivision plats. The staff noted that a homeowners association will be required to maintain the stormwater management facilities and possibly, the areas with buffers and screening. Chairman Golladay called for public comment and the following persons came forward to speak in opposition: Mrs. Pat Gochenour, resident of Shawnee District, wanted to see a halt to the rezoning of rural land to residential in the Shawnee District. She felt that community facilities and services were no longer adequate to handle the people that live in this district. Mr. George Lambert, resident of Shawnee District, was concerned about increasing traffic on Greenwood Road and he felt the road needed to be straightened. He also felt the east side of Winchester did not get the community facilities and services that other areas of the county have. The Commission asked Mr. Edens if he would be able to meet the Planning staffs comments on stormwater management and Mr. Edens said that he would be able to meet those requirements. It was also asked if the applicant planned to install a traffic light across Country Park Drive and Mr. Edens responded that none was planned at this time. No other issues were raised by the Commission. Upon motion made Mr. DeHaven and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #007 -94 of Saratoga Meadows contingent on the Board approving the pending rezoning application and that the c, 3916 5 applicant adequately addresses all issues presented by the staff, the Planning Commission, and the Board, by the following majority vote: YES (TO APPROVE): Shickle, DeHaven, Thomas, Romine, Golladay, Copenhaver, Light, Stone NO: Morris, Wilson (Mr. Marker was absent.) Master Development Plan #008 -94 of Westminster Canterbury for the construction of six new residential cottages. This property is located on Westminster Canterbury Drive, off Route 522, and is identified with PINS 53- A -63A, 53- A -63B, 53- 4 -3 -J, and 53- A -52B, and is located in the Gainesboro District. Action - Recommend Approval Mr. Terry Stone said that he would abstain from discussing or voting on this master development plan, due to a professional relationship. Mr. Charles W. Maddox, Jr., of G.W. Clifford and Associates, Consulting Engineers, was representing this application. Mr. Maddox said that the revision involves the addition of six units (3 duplex units). Mr. Maddox said that no other future cottages are planned and all remaining land is designated as open space. Mr. Tierney said that along with some additional technical information that needs to be provided on the plan, the applicant needs to provide information to show that square footage requirements for duplex units are being met. Mr. Tierney also commented that on the previous master development plan, the staff had concerns about the location of the connection to the existing Westminster Canterbury parking lot. He said that the curve where the road intersects the parking lot appears to be the least desirable location for such a connection. Mr. Tierney said that the proposed duplex units will be accessed through this least desirable road connection. There were no public comments. The Planning Commission had no problems with the proposed master development plan revision. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby 3917 C1 recommend approval of Revised Master Development Plan #008 -94 of Westminster Canterbury for the construction of six new residential cottages contingent upon all staff and review agency comments being met. The vote on this master development plan was: YES (TO APPROVE): Shickle, DeHaven, Morris, Thomas, Wilson, Golladay, Copenhaver, Light ABSTAIN: Stone, Romine (Mr. Marker was absent.) Rezoning Application #008 -94 of James Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located at the intersection of Custer Avenue and Pembridge Road and is identified with PINS 64A- 4 -20A, 64A -10 -A, 64A- 10-B in the Shawnee Magisterial District. Action - Tabled for 90 days at the Applicant's Request Mr. Tierney gave the background information and review agency comments. Mr. Tierney said that this rezoning was tabled at the Commission's November 2 meeting because of concerns with the existing street network and concerns with other less desirable uses that would be allowed on this property, if it was rezoned to B2. Mr. Thomas said that at the last meeting there was some indication that Mr. James Carroll was promised a rezoning. Mr. Thomas referred to the Planning Commission's minutes of February 7, 1990 at which time a rezoning of 2.8132 acres from RP (Residential Performance) to B2 (Business General) was being considered and appears to be the same parcel. Mr. Thomas said the rezoning was denied by the Planning Commission because it was felt that the proposed commercial use of the property was not compatible with the adjoining residential neighborhood. He said there was also discussion on a commercial entrance on Route 50 and the increased traffic. Chairman Golladay said that he received a petition in opposition to the proposed rezoning from residents of Miller Heights Subdivision. Upon motion made by Mr. DeHaven and seconded by Mrs. Copenhaver, the Commission voted unanimously to make the petition eras --made a part of the official record. Mr. Charles W. Maddox, Jr., of G.W. Clifford and Associates, Consulting Engineers, was present to represent Mr. James Carroll, the owner. Mr. Maddox stated that 3918 the primary reason given for not rezoning this property was "transportation oriented." He said the improvements that would be required as a result of rezoning this property would create a solution to the transportation problem: the road would have to be widened, curb and gutter and stormwater management installed, a right -hand deceleration lane would be required, and in addition, the state has plans for a traffic light at this intersection. Mr. Maddox said this was an excellent opportunity to build a road that would serve the future needs of Frederick County. He explained that at some point along Route 50 there needs to be a connection back into the very large area between Route 50 and Senseny Road that was already zoned Residential Performance. Commissioners asked Mr. Maddox if B1 zoning was considered. Mr. Maddox replied that B1 zoning had significant problems; for example, 35% open space was required. Mr. Maddox said that they would be willing to "proffer out" any objectionable B2 uses. Commissioners asked Mr. Maddox if he had discussed uses with the residents of Pembridge Heights and Mr. Maddox replied that he had not. Mr. Maddox added that this area has been designated as a "business corridor" in the Comprehensive Plan. Chairman Golladay called for public comments and the following persons from Pembridge Heights Subdivision came forward to speak in opposition: Ms. Joanne Flaker, a member of the Board of Directors of the Pembridge Heights Homeowners Association and a resident of the same, came forward to speak about safety issues. She felt that rezoning to B2 would increase traffic and endanger the safety of drivers, pedestrians, and children. She said that the entrance from Route 50 to Custer Avenue is both narrow and curved. She said that the business zoning would bring in many people who were unfamiliar with their neighborhood and she was concerned about the potential for robbery and vandalism. Mr. Charles Bennett, member of the Board of Directors of the Pembridge Heights Homeowners Association and resident of the same, came forward to speak about the increased traffic that would be generated from B2 zoning. Mr. Bennett said that according to Robert Childress of VDOT, commercial development of this property would have a significant impact on the adjacent Route 50 /Route 781 intersection. He said that according to Mr. Childress, intersection improvements and signalization would be required to accommodate the additional traffic. Mr. Bennett felt that it would not be possible to add turning lanes because of existing utility lines and stormwater systems. Mr. Bennett said that according to Mr. Peglusi, Superintendent of Transportation for Frederick County Schools, there would be a definite effect on school bus traffic. Mr. Bennett said that the rezoning would definitely result in increased traffic which would result in more congestion, more accidents, and reduced safety. Mr. John Smoot, Vice President of Pembridge Heights Homeowners Association, said that the drainage swale along Route 50 takes care of the stormwater from 3919 0 all of Pembridge Heights and from Route 50 all the way up to I -81. He said that the tree line is also a drainage area. Mr. Smoot explained the location of the gas utility lines. He felt it would be a major undertaking, if at all possible, to disturb all of this in order to improve the road network. Mr. Cary Kimble, a resident of Pembridge Heights and a member of the homeowners association, reflected on the effect this rezoning would have on the quality of life in Pembridge Heights. Mr. Kimble said that young parents push strollers on the streets, kids play football in their front yards, residents walk and jog through the neighborhood, and everyone knows their neighbors. He felt all this would be disrupted if a commercial zoning was established in this area. Mr. Gene Koepfler, President of the Pembridge Heights Homeowners Association, summarized by saying that the reasons for not rezoning this property were that it would effect the quality of life, the safety issues, the traffic issues, and construction obstacles. Mr. Koepfler said that when Mr. Carroll's rezoning was defeated in 1990, it was based on the safety concerns of a few residents of Miller Heights and Pembridge Heights. He said nothing else has changed since that time except there are 800 more people living in that area. Mr. Kenneth Y. Stiles, former member of the Planning Commission and the Board of Supervisors, said that he wanted to describe how the situation with Mr. Carroll got to this point. He said the reason he decided to speak was because there was an undercurrent that there was something under - handed about the discussion in 1987. Mr. Stiles said that in 1987 when Pembridge Heights, then called "Grove Heights" was proposed, there were many people from College Park opposed to its development. Mr. Stiles said that one of the genuine concerns was that the only access to Grove Heights was through College Park and the concern was that the streets in College Park were not designed to carry "through" traffic and they were especially not designed to carry "construction" traffic. He said that in an effort to resolve this, Mr. Grove approached Mr. Carroll about first using access across his property simply for construction, but that evolved into a proposal to construct an entrance to this subdivision across Mr. Carroll's property from Custer Avenue. He said that Mr. Carroll came before the Planning Commission and said that if he would allow this, he would be interested in developing his property commercially. Mr. Stiles said there was no objection from anyone on the Commission at that time. He said that Mr. Carroll should have come in at that time and applied for rezoning, so that people who purchased homes in Pembridge Heights would have known that the entrance to their property was commercial. Mr. Stiles said that all of the discussions on this matter were open to the public. Mr. Jim Gibbons, resident of Miller Heights, at 105 Stanley Circle, was in opposition to the rezoning. Mr. Gibbons questioned who would pay for the road improvements. He said he didn't want commercial zoning and he felt it should remain residential. 3920 0j The Commissioners felt that safety of the road systems was their biggest concern. It was noted that there were several hundred acres of guaranteed undeveloped residential zoning south of this property that would probably use this access in the future. Commissioners noted that if this property was rezoned, the entrance would have to be improved and this was an opportunity to correct a crucial area that could get worse in the future. They felt that dialogue should continue between the developer and the Pembridge Heights homeowners to see if an agreeable solution could be worked out. Some Commissioners felt that Mr. Carroll should have come in for rezoning back in 1987 before the residential neighborhood was established. They noted that the property was actually separated from Route 50 and many of the uses permitted in B2 zoning would not be appropriate next to residential property. Mr. Maddox said that the owner was very much interested in implementing an improved road system and he requested that the Commissioners table the rezoning request for 90 days so that dialogue could take place with the homeowners association on an amicable solution. Upon motion made by Mr. Dehaven and seconded by Mr. Light. BE IT RESOLVED, That the Frederick County Planning Commission does hereby honor the applicants request to table Rezoning Application #008 -94 of James Carroll for 90 days. The vote was: YES (TO TABLET: Shickle, DeHaven, Morris, Romine, Wilson, Golladay, Copenhaver, Light NO: Stone, Thomas (Mr. Marker was absent.) Rezoning Application #009 -94 of Valley Mill Estates to rezone 19.35 acres from RA (Rural Areas) to RP (Residential Performance). This property is located north of Valley Mill Road and east of Greenwood Road (Rout 656) and is identified with PINS 55 -A -176 and 55 -A- 176B in the Shawnee District. Action - Recommend Approval Mr. Tierney said that the staffs' original recommendation was for denial, but now feels the applicant has addressed the staffs' concerns on impacts through a revised proffer statement. Mr. Tierney said that the applicant has reduced the number of single family dwellings from 32 to 22, which reduces the ADT from 320 to 220; the amount to be 3921 10 paid at the time of building permit acquisition has increased from $3,142.00 to $4,148.00; and the amount proffered per lot to Fire and Rescue has increased from $28.00 to $45.00. Mr. Tierney said that these revised proffers met the county's impact model. Mr. Stephen M. Gyurisin, of G.W. Clifford and Associates, Consulting Engineers, was present to represent the owners, Gerald Racey and the Georgia Wierman Estate. Mr. Gyurisin presented the development proposal to the Commissioners. Commissioners stated that if Julee Street was not going to be used as a connector, then a cul -de -sac or "T- type" turnaround should be established there for emergency vehicles. Mr. Gyurisin said that they could work out the details with VDOT. Mr. Richard Pifer, one of the partners in this development, said that they planned for this to be an "upgraded" Pioneer Heights. He added that the end of Julee Street effects only one house. Mr. Walter Cunningham, Assistant Chief at Greenwood Volunteer Fire and Rescue, said that he met with the applicant to discuss the fire and rescue issues. Mr. Cunningham said that they were satisfied that the revised proffers took care of emergency service impacts. Mr. Charles Barr, a resident of Mill Race Estates, came forward to speak in opposition to this rezoning. Mr. Barr felt that he was not given enough advanced notice of this proposal. He felt that the proposed development would negatively effect the quality of life for the people in Mill Race Estates. He suggested that this request be tabled until he could notify the other residents in Mill Race Estates. Ms. Betty Mullin, nearby resident, said that the signs for the public hearing were not placed where they could be seen well. She also felt that not enough advanced notice was given about this proposal. Some discussion took place between the Commissioners, the staff, and the applicant to verify that public hearing signs were placed correctly and that adjoiner notification and advertising was done on time and appropriately. Commissioners stated that although the Comprehensive Plan clearly identifies this area for residential development, they were very concerned about the transportation problem in the area. They felt that Valley Mill Road was a disaster from a traffic standpoint and some Commissioners felt it was time to halt further rezonings until something could be done to remedy the traffic problems. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby 3922 11 recommend approval of Rezoning Application #009 -94 of Valley Mill Estates to rezone 19.35 acres from RA (Rural Areas) to RP (Residential Performance) by the following majority vote: YES (TO APPROVE): Thomas, Romine, Stone, Copenhaver, DeHaven, Golladay NO: Light, Morris, Shickle (Mr. Wilson was absent.) DISCUSSION ON THE UPDATE OF THE COMPREHENSIVE PLAN Mr. Tierney presented the recommended update of the Comprehensive Policy Plan. Mr. Tierney said that in addition to the minor statistical updates, a significant amount of information from the recently completed corridor report has been included within the Land Use Chapter. Also included in the Land Use Chapter are revisions to the Eastern Road Plan. He explained that these revisions consist of deleting or moving certain road segments that for various reasons cannot be constructed as shown on the current plan. Mr. Tierney reviewed each of the road changes with the Commission. Mr. Tierney said that one other item that needs some further discussion is the proposed expansion of the sewer and water service area west to the railroad tracks in the area of Route 11, just north of Stephens City. Mr. Tierney explained the nearest route for extension that was recommended by Wendy Jones, the Director of the Sanitation Authority. The Commission suggested that a statement be incorporated into the Comprehensive Plan that the County is considering including this area in the sewer and water service area, but not include a recommended route of extension. The Commissioners felt that there may be some other possibilities available other than the one suggested by Mr. Jones. The Commission had no other outstanding issues with the update and instructed the staff to advertise it for public hearing for January 3, 1995. INFORMAL DISCUSSION WITH MR. LINDEN UNGER REGARDING A POSSIBLE No Action 3923 12 Mr. Linden Unger was not present and the Commission asked the staff to reschedule Mr. Unger for another meeting. CANCELLATION OF PLANNING COMMISSION'S DECEMBER 21 MEETING The Commission unanimously voted to cancel their December 21 meeting. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 10:10 p.m. Respectfully submitted, :obert W. Watkins, Secretary G' ames W. Golladay, Ir.7Chairman 3924