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HomeMy WebLinkAboutPC_05-04-94_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 May 4, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro 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: S. Blaine Wilson, Shawnee 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 - APRIL 6 1994 Upon motion made by Mr. Routine and seconded by Mr. Shenk, the minutes of April 6, 1994, were unanimously approved as presented. BIMONTHLY REPORT & FIRST QUARTER BUILDING ACTIVITY REPORT A question was raised regarding the status of Warrior Drive. Mr. Tierney stated that the County's conversion request for Sherando Park has been approved. He said that this will enable the county to pursue getting Warrior Drive built along the edge of the park rather than through Fredericktowne Estates as originally planned. Mr. Tierney said that the land has not yet actually been acquired from JASBO. It was not yet determined who would pay for the construction of the road. 3807 1•a Chairman Golladay accepted the staff's reports for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DR &RS) - 4/26/94 Mtg. Mr. Thomas reported that the DR &RS discussed libraries as a public /permitted use in the RP Zoning District. He said the subcommittee felt the benefits of allowing this use in the RP District far outweighed the negative aspects. Mr. Thomas said DR &RS also discussed allowing electrical supply businesses in the B2 District. He said the subcommittee concluded that a review of the 131, B2, and B3 areas was needed. He said the issue that proffer acceptance has caused B2 and B3 areas to be different from one area of the county to another was discussed. Sanitation Authority - 4/21/94 Mtg. Mrs. Copenhaver reported that the Authority will be fencing the north quarry at Stephens City. DISCUSSION WITH MR E FRANK SMITH REGARDING A REQUEST TO RELAX THE SUBDIVISION ORDINANCE REGULATION PERTAINING TO DEPTH TO WIDTH RATIO REQUIREMENTS Action - Recommendation of Approval Mr. Miller stated that Mr. E. Frank Smith previously subdivided a portion of his land located along Mar-pie Road (Rt. 654) into traditional lots of five acres or more. Two lots were sold by Mr. Smith and the new owners desire to purchase additional land at the rear of these parcels and attach the additional acreage to their lots through boundary line adjustment. Mr. Miller said this would violate the ordinance which requires a maximum 4:1 depth to width ratio. He said appeal of this requirement must be acted on by the Board of Supervisors with a recommendation from the Planning Commission. Mr. Miller described the lot requests as follows: Lot 169F: This lot is 300' wide and would be allowed to be 1200' deep by the ordinance. Adding the proposed 4.774 acres to this parcel would make the lot 1600' in depth. Lot 169G: This lot is 250' wide and would be allowed to be 1000' deep by the ordinance. Adding the proposed 3.968 acres to this parcel would make the lot 1575' in depth. f�T:I . 3 Mr. Miller explained that both the parcel additions and the original parcels are woodland and only one residence would be allowed on each parcel in either configuration. Mr. E. Frank Smith was available to answer questions from the Commission. There were no citizen comments. Since the proposed additions to Lots 169F and 169G were woodlands located on steep slopes, the Commission had no problems with the request; and upon motion by Mr. Routine and seconded by Mr. Shenk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that Mr. E. Frank Smith be relieved from the Subdivision Ordinance requirements pertaining to depth to width ratio for Lot 169F and Lot 169G. Presentation by the Winchester - Frederick County Bicycle Advisory Committee regarding a proposal to include a regional bicycle plan in the County's Comprehensive Policy Plan_ Action - Referred to the CP &PS and the Transportation Committee Mr. John P. Lewis, Chairman of the Winchester- Frederick County Bicycle Advisory Committee (BAC), presented an all - inclusive regional bicycle plan that was developed by the BAC to be considered for inclusion in the Comprehensive Plans of the City of Winchester and Frederick County. Mr. Lewis explained that the BAC is purely advisory and does not have the authority to make final decisions regarding bikeway issues nor do they have the authority to spend funds of the localities involved. Mr. Mike Perry, Bicycle Advisory Subcommittee Co- Chairman and member of the Winchester Wheelmen, came forward to explain why BAC felt a bicycle plan was needed in Winchester and Frederick County and what approach was used to create the plan. Mr. Perry said that the use of bicycles for both utilitarian and recreational purposes has been increasing, however, there were no bicycle facilities in our area. He said that the Shenandoah Valley is a mecca for tourism - -many of whom are cyclists - -and while he was president of the Winchester Wheelmen, he received many inquiries from people outside the State of Virginia asking where they could ride in this area, if it was safe to ride, etc. Mr. Perry said that the BAC would like to see improvements in bicycle transportation safety by making roadway improvements, utilizing signage, and closing storm drains. He said that future comprehensive improvements could include paving road shoulders and creating bicycle lanes and bicycle paths. He said that BAC felt it was important to include a bicycle plan in the Comprehensive Plan so that when road improvements were being planned, bicycle planning could also be considered. Ms. Mollie Grunmeier, Subcommittee Co- Chairman of the BAC, presented maps :MI z which showed both short and long term route goals for the bicycle network. Ms. Grunmeier stated that BAC's goal was to coordinate a network system between the city and the county. She said that these routes were chosen based on the goals and objectives of the bikeway network, which included routes that met VDOT standards; routes that coordinated trip attractors such as hospitals, large employers, shopping areas; routes which integrated recreational and historical areas; and those that presented an alternative choice of transportation. The Commission felt there was a need for bicycle planning in our area. They felt the BAC had done a very good job developing the bicycle plan presented. The Commission decided to refer the bicycle plan to the Comprehensive Plans & Programs Subcommittee and the Transportation Committee as the first step towards integrating the bicycle plan in the county's Comprehensive Plan. A request from John Lewis, of Lewis & Associates, for a waiver from the minimum driveway spacing requirements, Section 165- 29B(1) of the Frederick County Zoning Ordinance, for Sheetz, Inc. This property is owned by Mr. James R. Wilkins and is identified as PIN 54 -A -105. Action - Approved Mr. Watkins stated that the developer of the property is Sheetz, Inc. and a convenience store with gasoline pumps is planned. He explained that this use will necessitate one commercial entrance on Berryville Pike (Rt. 7). Mr. Watkins said that the applicant has submitted a site plan showing a proposed commercial entrance onto Berryville Pike 155' from the intersection of Regency Lakes Drive and Berryville Pike. This entrance does not meet the 200' minimum spacing requirement for entrances on primary and arterial highways with speeds greater than 35 mph. He said that the entrance is located in a position where left turn movements are not possible. Mr. Watkins stated there was a possibility that the speed limit may be reduced to 35 mph here in the near future, which would reduce the entrance spacing requirement to 150'. Mr. Watkins further stated that VDOT will require a traffic light at this location before a commercial entrance permit is issued to Sheetz. He reminded the Commission of a previous commitment by Regency Lakes to participate in the cost of the traffic light. Chairman Golladay raised the issue of stormwater management for the site. Mr. John Lewis, the site engineer, stated that a series of underground pipes will serve to provide on -site stormwater management. Mr. Lewis said that the County's engineer, Ed Strawsnyder, Jr., has reviewed and approved the stormwater management plan. Mr. Lewis pointed out that the site plan indicates two entrances on Regency Drive, however, they would 3810 5 still prefer to have the entrance onto Route 7 in order to reduce congestion on Regency Drive during peak hours. The Commission felt comfortable with the proposed entrance as long as the traffic light was installed. Upon motion made by Mr. Romine and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the requested waiver of Section 165- 29B(1) of the Frederick County Zoning Ordinance by John Lewis, P.E., of Lewis & Associates, for Sheetz, Inc. Conditional Use Permit #001 -94 of God's Glory Land for a church retreat. This property is located on the northwest side of Route 704 (Back Creek Road), 3.3 miles southwest of Gore, and is identified with PINS 37 -A -45, 37 -A -46, 37- A -46A, and 37 -A -46B in the Back Creek District. Action - Recommended Approval Chairman Golladay noted that this was a continuation of a public hearing that was tabled at the Commission's April 6 meeting. Mr. Miller said that a meeting was held on April 19 with Mr. Adams, the applicant, and Mr. Edens of Greenway, Inc., to discuss the concerns of the Planning Commission that surfaced at the April 6 meeting. Mr. Miller said that Mr. Adams submitted a letter from Austin Brockenbrough & Associates of Chester, Virginia, the engineering firm responsible for installing the sewage treatment facility, which addressed some of the concerns of the Commission. Mr. Miller said that Mr. Adams also submitted a Statement of Intent document that also addressed concerns of the Commission. -He said that concerns addressed in Mr. Adams's document were: -- a commitment to consolidate the existing multiple parcels of land into one parcel that would be served by the package sewage treatment plant (with the exception of the three residences which are served by sub - surface septic systems). -- any other residences on the property would be designated as quarters for staff only, even though they may be occupied on a full -time basis. -- staff will not exceed 24 employees at any time with the maximum number of guests not to exceed 350, which is the design capacity of the wastewater treatment facility. Mr. Miller said that Mr. Edens stated that information will be available on the site 3811 2 plan to insure that roads have the proper grade and slope and to insure a second independent point of access as required by fire and rescue. Mr. T. G. Adams was present, along with his wife, Rosalie F. Adams, and Alice M. Fox, who were the principals of God's Glory Land, Inc. Mr. Adams also introduced Mr. Barney Willis, his associate, and Mr. Bruce Edens, of Greenway, Inc. Mr. Adams stated that he wanted to provide year -round service. He said that provisions have been made for the retreat to continue, if something should happen to the principals of the corporation. An issue of concern by the Planning Commission was the possibility of this retreat becoming a commune. The staff attempted to address this problem with Condition #9 which stated that no guest at the retreat may stay longer than 15 days. The Commission felt this statement wouldn't preclude that situation and it was over - restrictive. Mr. Adams responded by saying that they are not permitting a secretive or membership organization. He said that guests will not be required to join God's Glory Land as members nor will they be confined to the retreat property. Another area of concern was the sewage treatment plant. The question arose as to whether it was consistent with the Comprehensive Plan to allow a privately -owned sewage treatment plant in a rural area that could serve up to 350 people. Also, it was felt that the potential to go from zero use to peak use in a weekend made operation of the plant extremely challenging and made the potential for failure high. There was concern that if the creek was polluted, it would take years to regenerate itself. It was noted that although the treatment plant would be owned and operated by God's Glory Land, the system would be monitored by the Department of Environmental Quality. The subject of motor homes and camping vehicles at the site was also discussed. Mr. Adams said they have reserved 12 full- hookup spaces for these types of vehicles. It was also suggested that the single - family homes be hooked up to the treatment plant. Mr. Adams felt this wasn't necessary because these were new septic systems approved by the Health Department. Chairman Golladay called for public comments, but no one came forward. Some Commissioners noted that the applicant had gone to great lengths in the Statement of Intent to address concerns regarding the use proposed. They felt the Statement of Intent, along with the staff s recommended conditions, allowed the conditional use permit to be enforceable. Mr. Marker moved for approval with the applicant's Statement of Intent and the staffs recommended conditions. This motion was seconded by Mr. Morris. Mr. Thomas asked if there was interest in amending Condition #9 which limited stay to 15 days. 3812 VA Mr. Marker amended his motion to revise Condition #9 to read, "No guest at the retreat will become a permanent resident. " This motion was seconded by Mr. Morris. The CUP was approved by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #001 -94 of God's Glory Land for a church retreat with the inclusion of the applicant's Statement of Intent dated 4/18/94, and the following conditions: 1. That an engineered site plan be presented for approval prior to any construction or developmental activity taking place. This plan will be formally reviewed by the Planning Commission prior to final approval. 2. That final Frederick County approval be received for all phases of the construction and prior to the placement of any facilities into public use. 3. Non -staff housing will be restricted to one residence per parcel. 4. The use of the waste water treatment plant will be restricted to one specific parcel of land and any modification or change in use will require County authorization. 5. All applicable state agencies must review and approve all aspects of the proposal prior to placing any facility into public use. 6. All review agency comments must be complied with prior to public use of these facilities. 7. This use shall comply with all other requirements of the Rural Area Zoning District. 8. The maximum number of guests allowed to use the facility at any one time is 350. 9. No guest at the retreat will become a permanent resident. The vote was as follows: YES (TO APPROVE): Shenk, Marker, Golladay, Stone, Morris, DeHaven NO: Light, Copenhaver, Romine, Thomas Rezoning Application #003 -94 of C. L. Robinson, Inc. to rezone 16 acres from RA (Rural Areas) to B3 (Industrial Transition) for the district office of the Winchester Division of Virginia Department of Transportation. This property is located on Northwestern Pike (Route 50 West) at the intersection of Round Hill Road (Route 803) and is identified as 3813 1.1 PIN 53 -A -71 in the Back Creek District. Action - Recommend Approval Mr. Shenk said that he would abstain from discussion and vote on this rezoning, due to a possible conflict of interest. Mr. Tierney reported that the site was located west of the UDA (Urban Development Area) and is part of a 200+ acre tract owned by the C.L. Robinson Corporation. He said that the area does not meet the description of a typical B3 location nor does B3 zoning fit with the intended character of a Rural Community Center. Mr. Tierney said that the location does, however, seem a logical choice for the proposed VDOT headquarters. He said that a proffer statement has been submitted by C.L. Robinson which limits proposed future uses to offices and storage facilities for building construction contractors and special trade contractors; business and directional signs; building entrance signs; and general business offices. Mr. Tierney said the staff still has concerns about visual impacts, even though the proffer statement seemed to address most of the staff's concerns. Mr. Delmer Robinson, one of the officers of the C. L Robinson corporation, said that this sale was not initiated by his firm. He said that he was approached by a representative in the legislature to be persuaded to sell this parcel of land to VDOT. Mr. Robinson said that because C. L. Robinson, Inc. owns a considerable amount of property around this parcel, they too were concerned about appearance, traffic, and the effect on the area. He said that they were satisfied with VDOT's explanation of their proposed screening, the type and location of the proposed facilities, and the location of their machinery storage. Mr. Robinson continued, stating that VDOT liked this parcel because it was in the geographic center of Frederick County and gave them easy access to Routes 50, 522, 37, and 11. VDOT also liked having access to two roads - -803 and 50. By having access to Route 803, they could get stone at Perry's Quarry and not have to stock stone on the property. Also, they could exit their equipment out 803 and avoid busy Route 50 traffic. Mr. Robinson said that he has an agreement with VDOT that they will shield the entire property with plantings of evergreens. Mr. Robinson felt VDOT would keep the area neat, clean, and attractive. He felt they would landscape the property and keep it mowed. Chairman Golladay called for public comment and the following persons came forward to speak in opposition: Mr. Timothy A. Hodges, a resident of the Round Hill community, came forward and stated that he lived in the William Campbell House, (Aspen Shade) circa 1785. Mr. Hodges stated that Round Hill was a rural community consisting of homes, businesses, families, and farms. He said that children play all along Route 803 at any given time and he was concerned about their safety. Mr. Hodges spoke about his concern for the increase in traffic, especially heavy truck traffic, noise, and the possibility of chemicals and salts used in road maintenance 3814 E leeching onto adjoining lands. He was concerned about the precedent that might be set for future rezonings that may effect the charm, history, and potential of his community. Mr. John V. Stevens, adjoining property owner, said that his home was built in 1760 with additions constructed in 1875. Mr. Stevens said that the property in question was a confederate soldiers camp during the Second Battle of Winchester. He said that approximately 14,000 confederates traversed the property to participate in the second battle against Milroy. Mr. Stevens felt the location of VDOT's district offices would not enhance the community or the tax base of Frederick County. He was concerned about the increase in traffic and felt the proposed use would create an eyesore. Mr. Stevens presented a petition of opposition signed by 58 Round Hill residents. Ms. Sarah Plumly, a resident of Round Hill, felt that B3 zoning was not appropriate for the neighborhood and she felt the proposed use would have negative visual impacts. Ms. Plumly said the homes in this area are situated close to the road and the increase in traffic, combined with the narrowness of the roads, would create safety problems. Ms. Helen Hodges, a resident of the Round Hill community, had concerns about increased traffic, setting a precedent for future rezonings, and departing from the intent of the Comprehensive Plan. Mrs. Hodges said that approximately 8 -10 years ago, she and her husband came before the county requesting a B3 rezoning for ornamental iron works on Route 50, about one mile west of this proposed site. She said the Planning Commission and Board of Supervisors made the right decision to deny the rezoning and she hoped they would do the same for this rezoning. Mrs. Hodges said that this area was a pleasant entrance to Winchester and she wanted it to remain that way. Mr. Jack Baldwin, a resident of Round Hill at the corner of Woodchuck Lane and Round Hill Road, came forward to address the safety issue of Route 803. He said that Route 803 has dangerous hills, curves, and railroad tracks. He said that along with proposed VDOT truck traffic, Perry's Quarry trucks, school buses, and fire hall trucks use this road. The issue of this area possibly being a wetland was also raised by some of the citizens. Mrs. Joyce Casey, speaking on behalf of Mrs. Larrick, her mother and adjoining property owner, said that 30 years ago when her father and Mr. Larrick bought their property, it was with the understanding that this was to be a residential area. Mrs. Casey felt the proposed VDOT District Office would decrease her mother's property value. She was also concerned about traffic safety The majority of the Commissioners felt this location was a logical choice for the proposed VDOT headquarters - -it was geographically centered in the county and had good access. They felt there would not be problems with VDOT providing an attractive building, landscaping and screening; however, they felt it would be a good idea to formally review the site plan for 3815 10 potential negative impacts and stormwater, wetlands, etc. Commission members also felt that the proffers submitted by the applicant would protect this area from any future adverse uses. Upon motion made by Mr. Romine and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #003 -94 of C. L. Robinson, Inc. to rezone 16 acres from RA (Rural Areas) to B3 (Industrial Transition) for the district office of the Winchester Division of the Virginia Department of Transportation. This rezoning was approved by the following majority vote: YES (TO APPROVEY Golladay, Light, Copenhaver, Marker, Romine, Thomas, DeHaven NO: Morris ABSTAIN: Shenk, Stone A motion was next made by Mr. Light, seconded by Mr. Marker, and unanimously passed to require that VDOT's site plan for the property be formally submitted to the Planning Commission for review and approval. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:30 p.m. Respectfully submitted, Robert W. Watkins, Secretary o i an 3816