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HomeMy WebLinkAboutPC_07-06-94_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 July 6, 1994. PRESENT: Planning Commissioners present were: James W. Gollada_y, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; George L. Romine, Citizen at Large; and Vincent DiBenedetto, Winchester City Liaison. ABSENT: Richard C. Shickle, Gainesboro District; Roger L. Thomas, Opequon District; and Robert M. Sager, Board Liaison. Planning Staff present were: Robert W. Watkins„ Director and Secretary; W. Wayne Miller, Zoning Administrator; Evan A. Wyatt, Planner 11 and Kris C. Tierney, Deputy Planning Director. CALL TO ORDER Chairman Gollada_y called the meeting to order at 7:00 p.m. MINUTES - MAY 18. 1994 and June 1, 1994 Upon motion made by Mr. DeHaven and seconded by Mr. Romine, the minutes of May 18, 1994 were unanimously approved as presented. Upon motion made by Mr. Wilson and seconded by Mr. DeHaven, the minutes of June 1, 1994 were unanimously approved as presented. 3831 ORI BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. Development Review & Regulations Subcommittee (DR &RS) - 6/28/94 Mtn Mr. Wyatt reported that the DR &RS discussed the conditional use permit survey and in particular, the administrative approval of cottage occupations. Sanitation Authority - 6115/94 Mtg. Mrs. Copenhaver reported that the SA toured the water treatment plant. She also reported that the Stephens City water tower will be operational in July. City of Winchester Mr. DiBenedetto, Winchester City Planning Commissioner, said that the City_ Planning Commission approved and sent to Council the rezoning for a portion of the Grimm Estate. Historic Resources Advisory Board (_HRAB) - 6121/94 Mtg. Mr. Tierney said that the HRAB approved the plaque design for the County's Historical Properties Program. SUBDIVISIONS Subdivision Application #002 -94 of Julia F. Carper to establish one lot of 16,927 square feet. This property is identified with PIN 53A -A -29 and is located at the end of Carpers Drive, at Sunnyside, northeast of Frederick Pike, in the Stonewall District. Action - Recommendation of Approval 3832 3 Mr. Miller said that this application is for the division of an RP -zoned tract containing 3.7653 acres into two lots: Parcel B (16,927 square feet) and Parcel A (3.3767 acres). Mr. Miller said that this property is served by public sewer and water, but the streets are private, as most of the streets in Sunnyside are. Mr. Miller said that since this lot does not abut and have direct access to a public street or right -of -way dedicated for maintenance by the VDOT, a waiver to this requirement is necessary to permit this subdivision request to be approved. He said that the staff is recommending approval of this waiver. Referring to the subdivision plat, Chairman Golladay commented on the fact that the sewer and water lines were running down Carpers Drive and intersect with lines on Darlington Drive. Chairman Golladay asked if Darlington Drive would be extended to Carpers Drive. Mr. Miller replied that VDOT has stated they do not want that to become a "through" street. Mr. Joe Ritchie, of Ritchie Surveys, surveyor for this subdivision, was present to represent the applicant. The Commissioners had no problems with the subdivision and upon motion made by Mr. Romine and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #002 -94 of Julia F. Carper to establish one lot of 16,927 square feet. This property is identified with PIN 53A -A -29 and located at the end of Carpers Drive, at Sunnyside, northeast of North Frederick Pike in the Stonewall District. Upon motion made by Mr. Light and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of a waiver for this subdivision due to the fact that this lot does not abut or have direct access to a public street or right -of -way dedicated for maintenance by VDOT. Subdivision Application #003 -94 of Ray Robinson , Jr. to divide one lot, consisting of 1.413 acres into two lots. This property is identified with PINS 63 -A -53 and 63B -1 -E and is located on Apple Valley Road, approximately .04 miles west of Valley Pike, in the Back Creek District. Action - Recommendation of Approval Mr. Miller said that this proposal had previously been presented to the Commission as a discussion item on March 16, 1994 and a waiver for the lot that does not have street frontage was approved. He added that the Planning Commission suggested that the 15 foot 3833 4 right -of -way street that served the back lot be designated as "restricted access" to service only that lot. Mr. Miller said that this had been taken care of on Page 3 of 3 of the subdivision plat and clearly designates "exclusive use right -of -way for Parcel B only." Mr. Ray Robinson was present to answer questions from the Commission. There were no review agency comments that needed to be addressed and there were no objections to the proposal. Upon motion made by Mrs. Copenhaver and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #003 -94 of Ray Robinson, Jr. to divide one lot, consisting of 1.413 acres, into two lots. This property is designated by PINs 63 -A -53 and 63B- 1 -E and is located on Apple Valley Road, approximately .04 miles west of Valley Pike in the Back Creek District. (Vice Chairman Marker arrived at this point of the meeting.) Revised Master Development Plan #003 -94 of Fieldstone Heights for 169 single - family detached, traditional homes. This property is located south and adjacent to Valley Mill Road in the Stonewall District. Action - Recommendation of Approval Mr. Charles Maddox, Jr., with G. W. Clifford & Associates, began by addressing some of the issues of concern from the Planning Commission's May 18 meeting. One issue was the ability to create functional roads and building lots in the southeast portion of the site due to significant steep slopes. Mr. Maddox explained revisions that were made to the layout of Monterey Drive and Sanford Court in their attempt to mitigate some of the Commission's concerns. He said that the revisions will also eliminate a tremendous amount of clearing and loss to woodlands. Mr. Maddox added that the County Engineer has recommended that the revised layout be approved, however, detailed site plans will be required for all building lots in areas of significant steep slopes prior to the issuance of building permits. It was noted by the Commission that the realignment of Monterey Drive eliminated a potential road connection to the Fu -Shep Farm parcel and the George W. Giles parcel. Mr. Maddox noted that the Fu -Shep parcel has approved connections planned along the southern property line and the Giles parcel has substantial road frontage along Senseny Road, both of which may be better access because of the level terrain. 3834 5 There was also a question about the proposed culvert underneath Sanford Court and concerns about it becoming obstructed with debris. Mr. Maddox felt that the 18 " -24" pipe would be able to handle the situation and the worst case scenario would be an overflow onto the road. Mr. Wyatt reviewed the remaining issues of concern from the Commission's May 18 meeting: Regarding floodplain and wetland disturbances, the Commission has permitted the Zoning Administrator to allow for those under Section 165- 31B(1) provided the applicant obtain all required permits from the DEQ and the Army Corps of Engineers; the steep slope easement will be described in detail in the deed of dedication for the development; the MDP has been revised to provide three on -site storm water management areas; the applicant will be required to address all VDOT comments and, in particular, the review and approval of a complete traffic study and the dedication of sufficient right -of -way along Valley Mill Road for future improvements. There were no citizen comments. The Commission felt that the applicant's proposals for addressing concerns regarding the road layout, functional building lots, stormwater management, and disturbance of environmentally sensitive areas were adequate and upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Revised Master Development Plan #003 -94 of Fieldstone Heights for 169 single- family detached, traditional homes once the applicant has adequately addressed all review agency comments, as well as all comments and concerns of the Planning Commission and Board of Supervisors. Conditional Use Permit #003 -94 of Everett S. Riggs for automobile repair, without body repair, to be conducted in an attached garage_ This property is identified with PIN 84 -A- 18 and is located at the southeast corner of Hites Road and Cougill Road, in the Opequon District. Action - Recommend Approval with Conditions Mr. Miller said that the proposed activity is permitted in the RA Zoning District with an approved conditional use permit. He said that due to the close proximity to adjoining homes, it will be very important that all repair work is accomplished inside the attached garage, that there is no outside storage of parts or other materials, and that no inoperative vehicles be allowed on the property. He said that the number of vehicles awaiting repair should also be limited. Mr. Miller added that the review comment by the Inspections Department stated that BOCA requires a minimum two -hour fire separation between a residential and storage use. 3835 Mr. Everett S. Riggs, the applicant, said that he spoke with the building inspector regarding the flammable storage and the inspector stated that a fire department approved metal cabinet would be sufficient. The Commission asked Mr. Riggs if he had any problems with Condition #2 listed by the staff concerning no outside storage of parts or equipment. Mr. Riggs said that he had 12' X 32' storage shed on the property and everything will either be stored in the shed or in his garage. There were no public comments. Upon motion made by Mr. Romine and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #003 -94 of Everett S. Riggs for an automobile repair use, without body repair, with the following conditions: All repair work shall take place entirely within an enclosed structure. 2. No exterior storage of parts and equipment shall be permitted on this property. 3. If more than three vehicles are on premise awaiting repair, they shall be screened from view of the roadway and any adjoining property by an opaque fence or screen of at least five feet in height. 4. Hours of operation shall be restricted to 7:00 a.m. to 9:00 p.m. 5. No inoperative vehicles shall be stored on the property. All review agency comments must be complied with at all times. Conditional Use Permit #004 -94 of Greg L. Coverstone for a garage for minor motorcycle servicing without body repair_ This property is located on Millwood Pike, at the intersection of Sulphur Springs Road, in the Shawnee District. Action - Recommend Approval with Conditions Mr. Miller read the background information and agency review comments. Mr. Miller said that the applicant is proposing to do motorcycle servicing work on a "by appointment" basis. He said the activities will take place in an accessory structure that is located adjacent to Mr. Coverstone's home. Mr. Miller said that although the residence and accessory structure are not visible from the road or adjoining properties, all repair or service work must 3836 7 be done in an enclosed building to meet ordinance requirements. The subiect of hours of operation was brought up, but because Mr. Coverstone's residence is so isolated, it was decided not to designate hours. Mr. Greg L. Coverstone, the applicant, was present to answer questions from the Commission. There were no citizen comments. Upon motion made by Mr. Morris and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #004 -94 of Greg L. Coverstone for a garage for minor motorcycle servicing without body repair with the following conditions: 1. All review agency comments shall be complied with. 2. All repair work shall take place entirely within an enclosed structure. 3. All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen of at least five feet in height. This fence or screen shall be adequately maintained. 4. No inoperative vehicles shall be stored on the property. Rezoning Application #004 -94 of Brown Lovett, Jr., to rezone 59.71 acres from RA (Rural Areas) to M1 (Light Industrial). This property is identified as PIN 44 -A -75 and is located on Martinsburg Pike (Rt. 11 North), opposite the intersection with Stephenson Road (Rt. 664), in the Stonewall District. Action - Recommendation of Denial Chairman Golladay said that he was first cousin to the applicant and would, therefore, abstain from discussing and voting on this application. Chairman Golladay requested that Mr. Marker, the Vice Chairman, conduct the meeting at this point. Mrs. Copenhaver said that she would also abstain from discussing and voting on this application due to personal reasons. Mr. Tierney said that this item was tabled at the Commission's June 1, 1994 meeting at the applicant's request. Mr. Tierney read the background information and noted the 3837 E following review agency comments: VDOT suggested that the proposed entrance roadway be shitted south to intersect Route 11 opposite the existing entrance to the L. F. Franklin & Sons business; the Fire Marshal suggested that the impacts to fire and rescue resources be addressed; the County Engineer requested that stormwater management facilities be constructed at the same time roads are developed; and the Sanitation Authority noted that water is available, but sewer was not. Mr. Tierney reported that the Health Department has issued three separate septic permits to the applicant, with a maximum capacity for 81 employees, and this will obviously place constraints on the time and scale of industrial operations that could locate at this site. Mr. Tierney said that applicant has also submitted a traffic study which used the Stonewall Industrial Park as a model of the type of traffic that would be generated. He said that the results of the study showed a relatively minor traffic impact to Route 11. Mr. Tierney added that revised proffers were submitted after the original staff review. These revised proffers addressed impacts on emergency services through monetary contributions and they mitigated traffic impacts by limiting the total developed building floor area. Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, was present to represent this rezoning. Mr. Maddox summarized the project proposal for the Commission and he showed slides of the site. Commissioners asked if the owner had a potential user lined up for the property. Mr. Maddox replied no. He said that the owner will market the site, however, he can not do this until he receives the proper zoning. Vice Chairman Marker called for citizen comment and the following people came forward to speak in opposition: Mr. O. L. Payne, adjoining property owner, was concerned about possible contamination of his seven wells, if the property in question was developed. He was also concerned about the disturbance of wetlands and he estimated there were 15 -20 acres of wetlands in this area. Mr. Payne felt this was not a good location for industrial use because of its close proximity to the school and the fairgrounds and because there were a number of nice homes in this area. Mr. Payne said that he collected the signatures of 683 people in the Stonewall District who were opposed to the rezoning. Mr. Light moved to make Mr. Payne's list of names a part of the official record of the Planning Department. This motion was seconded by Mr. Romine and unanimously approved. Mr. Richard Demorest, representing adjacent property owner Shirley Wilson and the Emmanuel United Methodist Church, stated that Ms. Wilson and the Board of Trustees of the church are substantially opposed to the proposal. Mr. Demorest felt the environmental impact would harm the duck and geese population in the immediate area. He also felt the 3838 0 industrial development would ruin vista of the rolling fields for tourists at the visitor's center. In addition, Mr. Demorest was concerned about the destruction of wetlands. Ms. Joleen Omdorff, adjoining property owner, spoke of the nice homes and numerous churches in the area. She felt that an industrial use did not fit in with the existing neighborhood schools, churches, fairground, park, and residences. Ms. Omdorff was concerned that the proposed industrial use would contaminate local wells, devalue properties, and cause increased traffic problems. Ms. Loretta Shuster, area resident, was concerned about the possible contamination of local water. Ms. Shuster noted that this was a limestone area and there was a possibility that sink holes could occur with excavation. Ms. Shuster said there were more swamp areas on the property than what the applicant had stated and she was also concerned about the duck and geese population. She felt that industrial use would increase the traffic problems, especially when school buses are on the road or when a fair is taking place at the fairgrounds. The Commission was in agreement that this property was a logical location for industrial development because of the increasing commercial and industrial development in the area, however, most Commissioners felt the rezoning was premature at this time. They felt the rezoning was premature because the area did not have sewer availability and the location for the Route 37 interchange had not _yet been determined. For these reasons, Commission members felt the rezoning request was not in conformance with the Comprehensive Plan (It was pointed out that the Comprehensive Plan suggests that this type of zoning take place around interchange areas). The traffic issue was also a concern and Mr. Light felt the user should be known at the time of rezoning, so a decision could be made based on the size and scope of development. Mr. Wilson and Mr. Romine, on the other hand, stated that this was a predominantly commercial /industrial area and they felt the proposed rezoning was appropriate for this location at the present time. They stated that the applicant should not have to wait for decisions to be made on Route 37 or sewer availability, nor should the request be denied on the basis that plenty of other industrial land was already available. They felt that the revised proffers mitigated impacts to emergency services and to traffic by restricting building floor area and access to the site. They pointed out that prospective industry looking for potential sites will not be interested in property that is not already zoned. And finally, they noted that VDOT had stated that the roads were adequate to handle the traffic and the Health Department would restrict the number of employees. Mr. Romine next moved to approve the rezoning application and this motion was seconded by Mr. Wilson. The motion failed, however, by the following vote: YES (TO APPROVE THE REZONING Romine, Wilson NO. DeHaven, Morris, Light, Stone, Marker 3839 10 ABSTAIN_ Golladay, Copenhaver (Mr. Thomas absent) Mr. Light then moved to deny the rezoning application. This motion was seconded by Mr. DeHaven and passed by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Rezoning Application #004 -94 of Brown Lovett, Jr. to rezone 59.71 acres from RA (Rural Areas) to MI (Light Industrial) for manufacturing uses. This property_ is located on Martinsburg Pike, opposite the intersection with Stephenson Road, in the Stonewall District. The vote was as follows: YES (TO DENY THE REZONING ): Stone, Light, Morris, DeHaven, Marker NO: Wilson, Romine ABSTAIN: Golladay, Copenhaver (Mr. Thomas absent) Rezoning Application #005 -94 of Burger Busters to rezone .84 of an acre from M1 (Light Industrial) to B2 (Business General) for a restaurant with drive -thru. This property is located on the west side of Welltown Road, north of the intersection of Welltown Road and Martinsburg Pike, in the Gainesboro District. Action - Approved Mr. Tierney gave the background report and agency review comments. He said that VDOT has commented that due to this project's proximity to and possible involvement with the adjacent Burger King project, VDOT would prefer a joint design /construction effort between the two developers. Mr. Tierney said that the staff feels that the most obvious and significant impact will be traffic and that it is important that there be a means of vehicular access between the two sites. Mr. Tierney said that the applicant has proffered a general plan for the site which shows the location of their entrance on Welltown Road, as well as access to the adjoining First Virginia Bank site. Mr. Tierney said that the staff feels that the applicant's proffer addresses the staff's traffic concern. Finally, Mr. Tierney noted that the Commonwealth Attorney has asked that the proffer be more specific in terms of the type of access to be provided. There next ensued a discussion between the staff and Commission on the location and accesses of Parcel A (the Burger Busters site) and the adjoining Parcel D (the First Virginia 3840 11 Bank site). It was pointed out that Parcel A only had access to Welltown Road (Rt. 661) and Parcel D had access to Route 11. It was also noted that Parcel D may have three to four users which included a Burger King Restaurant, Amoco Service Station, carwash, and office building. Commissioners asked if an acceleration/ deceleration lane was being considered. Staff said that VDOT spoke of the potential for some type of access in the triangular area in front of Parcels A and D, which is VDOT's right -of -way. Mr. Guy C. Tudor, of Ingram -Tudor & Company, P.L.C., was representing the applicant, Burger Busters, who were proposing a Taco Bell restaurant for this property. Mr. Tudor explained that he was before the Commission in April requesting a reduction in buffer requirements and at that time, it was suggested that he consider downzoning the property, from M1 to B2. Mr. Tudor said that the site restrictions for M1 Zoning are more appropriate for an industrial park and a larger tract of land rather than a business location with a small lot. He said that his site is very tight because of the size of the building, access around the building, and required parking. He also pointed out that by downzoning to B2, they would be the same zoning as the adjoining Parcel D. There were no citizen comments. The Commission's main concern was the traffic impacts and they believed vehicular access between the two parcels was needed, however, they were concerned the access might become a shortcut and may cause speeding and threaten pedestrian safety. They also felt that a joint design /construction effort between the developers of parcels D and A would be of benefit. Mr. Light moved to approve the rezoning with the stipulation that the proffer be more specific regarding the access as per the Commonwealth Attorney. This motion was seconded by Mr. Marker and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #005 -94 of Burger Busters to rezone .84 acre from M1 (Light Industrial) to B2 (Business General) for a Taco Bell Restaurant with a drive -thru, with the stipulation that the proffer be made more specific regarding access per the Commonwealth Attorney. This property is located on the west side of Welltown Road and Martinsburg Pike in the Gainesboro District. OTHER Public Meeting on Route 37 Mr. Watkins announced that there will be a public meeting, hosted by VDOT, on 3841 12 Tuesday, July 12, 1994, at Armel Elementary School, regarding the Route 37 project. He said the meeting will be from 4:00 p.m. until 8:00 p.m. Mr. Watkins said that the Planning Commission will be expected to make a recommendation on the project at one of their upcoming meetings. Cancellation of July 20 Planning Commission Meeting There were no pending applications for the Commission for their July 20 meeting and upon motion made by Mr. Light and seconded by Mr. Marker, the Commission unanimously voted to cancel their July 20 meeting. 3842 13 ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:35 p.m. Respectfully submitted, Robert W. Watkins, Secretary Jams W. Go laday, Jr., Ch 'r an 3843