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HomeMy WebLinkAboutPC_11-16-94_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 November 16, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; S. Blaine Wilson, Shawnee District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. Planning Staff Resent: Robert W. Watkins, Planning Director /Secretary; W. Wayne Miller, Zoning Administrator; Evan A. Wyatt, Planner II; and Kris C. Tierney, Deputy Planning Director. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES Upon motion by Mr. Marker and seconded by Mr. Thomas, the minutes of October 5, 1994 were unanimously approved as presented. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. 3904 2 COMMITTEE REPORTS Comprehensive Plan - 11/8/94 Mtg. Mrs. Copenhaver reported that the CP &PS reviewed the Comprehensive Plan. She said that the Plan will be presented to the Commission for discussion on December 7 and public hearing on January 4. Mrs. Copenhaver said that the CP &PS discussed a request for the inclusion of a 27 -acre parcel, located between Merrimans Lane and 37, in the UDA. She said that the subcommittee also looked at the CIP for next year and there are only two new requests- - the addition of a maintenance building on Papermill Road by the School Board and a request for an addition to the landfill. She said that the subcommittee hopes to present the CIP to the Planning Commission in January. Economic Development Commission Mr. Romine reported that the Existing Industry Call Team recently met. Mr. Romine said that this team regularly calls on local industry to help them find solutions to any problems they may be experiencing. He said that this program has worked out very well. Historic Resources Advisory Board - 11/15/94 Mtg. Mr. Morris reported that the HRAB had discussions regarding the issuance of plaques for local historical structures. It was decided that the first issuance of those plaques should be to the local structures in the community that appear on the National Register (9) and one should be also be issued for the courthouse. City of Winchester - 11/15/94 Mtg. Mr. DiBenedetto reported that the City approved a subdivision that would allow for medical office buildings to be placed just east of the McDonald's property, off Amherst Street. Mr. DiBenedetto said that they also approved the rezoning of the last few pieces of property, with the exception of one area, that will bring the City into Compliance with their Comprehensive Plan. He said that there was also a discussion on the City's outdoor storage problem. 3905 3 Battlefield Task Force - 11/14/94 Mtg. Mr. Light said that the Battlefield Task Force discussed ideas that were presented at the last forum. Mr. Light said that Mr. Watkins reported that he would be applying for additional iSTEA money for potential battlefield application. SUBDIVISIONS: Subdivision Application #011 -94 of Preston Place to subdivide for proposed apartments and townhouses. This property is located on the north side of Airport Road (Rt. 645), just east of Front Royal Pike (Rt. 522), and is identified as PIN 64 -A -45C in the Shawnee District. Action - Approved Mr. Miller said that the master plan for this property stipulates that any deed conveying land in this area must indicate the proximity to the airport and the possible ensuing noise associated with the airport. Mr. Miller said that this addresses comments of the Airport Authority. Mr. Fred Price, with Patton, Harris, Rust & Associates, was representing the owners of the property. Mr. Price said that the owners of the 22 -acre parcel, the Silver Company, would be selling 7.44 acres to Castle Developments for apartment development; and the Silver Company will retain ownership of the remaining 14 acres, which is proposed for townhouses. Commissioners asked the applicant for the distance between this property and the nearest runway and if the developers were aware of the deed covenants requested by the county. Mr. Price said that the approach /take -off path is within 1/2 to 1/4 mile away from this property. Mr. Price said that the developers were aware of the county's request that potential buyers be made aware of the noise possibility and language was incorporated into deeds, covenants, and lease /rental agreements. The Commission felt that the request was in conformance with the approved master plan and that it met the requirements of the subdivision and zoning ordinances. 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 #011 -94 of Preston Place to subdivide for apartments and townhouses. 3906 1! PUBLIC HEARINGS PROPOSED AMENDMENTS TO ARTICLE XIV FLOODPLAIN (FP) DISTRICTS CHAPTER 165 ZONING ORDINANCE Action - Recommended Approval Mr. Wyatt said that this amendment would allow recreational vehicles within floodplain areas provided that specific requirements are met. Mr. Wyatt said that these requirements are consistent with FEMA regulations and will allow Frederick County to meet the standards necessary to participate in the National Flood Insurance Program. There were no public comments. The Planning Commission did not have any outstanding problems with the amendment. Upon motion made by Mr. Romine and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the ordinance to amend Chapter 165, Zoning, of the Frederick County Code, Article XIV, FP Floodplain Districts, Section 165 -106F, Use limitations, as follows: 165 -106F Recreational vehicles are permitted to be parked in the floodplain district provided the following conditions are met: 1) The recreational vehicle is fully licensed. 2) The recreational vehicle is installed on wheels and ready for highway use. 3) The recreational vehicle is attached to the site only by quick disconnect type utilities and security devices. 4) The recreational vehicle has no permanently attached additions. 3907 5 DISCUSSION WITH ENVIRONMENTAL HEALTH MANAGER FOR THE LORD FAIRFAX DISTRICT STEVE STIEFEL Mr. Steve Stiefel, the Environmental Health Manager for the Lord Fairfax District, was present to brief the Commission on several recent changes to the environmental health regulations and their impact on Frederick County citizens. The first issue discussed by Mr. Stiefel was Senate Bill 4 -15 which dealt with prioritizing sewage disposal permits. He said that repair work has always been first priority, applications in conjunction with building permits will now be the second priority, third is sewage disposal construction permits that have soil work attached from a private soil consultant, and the fourth priority is for soil certification letters for people who are not planning construction within an 18 month period. Mr. Stiefel said that there was also a change in the policy on how the Health Department processes older permits that were issued under the 1971 regulations. He said that in a number of cases, the Health Department has been unable to renew some of these older permits, based on the soil conditions of the site. He said that the policy has been revised so that these permits can now be renewed by using the best available technology. Mr. Stiefel said that this will mean using some alternative systems, such as sand filters, pre- treating effluent, etc. The third issue discussed by Mr. Stiefel was the alternative systems. He said that the Health Department is proposing changes to the on -site regulations that would ease up regulations on experimental systems. He said that these regulations are proposed and have not yet been to public hearing; however, if they are approved, it will probably have a large impact on this area. Mr. Stiefel was interested in forming a technical advisory committee to examine alternative systems and ways to maintain and monitor these systems in preparation for the new regulations and new technologies that will be coming down the road. Commissioners felt that alternative systems have been discussed many times in the past. They felt it was time to make some concrete decisions on this subject and move forward. INFORMAL DISCUSSION REGARDING A POTENTIAL REZONING LOCATED ON THE WEST SIDE OF RT. 522 NORTH FROM RA TO B2 (RONALD FEATHERS PROPERTY) Mr. Tierney said that Ms. Sharon Stine would like to discuss the potential rezoning of a 2.5 acre parcel located on the west side of Route 522 North from RA (Rural Areas) to B2 (Business General). He said that the property is located between Omps Garage and 3908 2 Reading Landscape and has frontage on both Route 522 and Route 709 (Bryarly Road). Ms. Sharon Stine, of Sharon Stine Real Estate, came forward and commented on the number of businesses along this stretch of Route 522. Mrs. Stine said that she counted 24 businesses from the Virginia Farm Market to Reading Landscapes. She said that they are interested in preserving the Bryarly Road side of their property as residential and plan to use the Route 522 frontage of the property as the entrance. Mrs. Stine felt they could get the necessary permission from VDOT for the entrance. Mrs. Stine also stated that they would be willing to proffer out automobile sales and service and any other objectionable uses. Mr. Wayne Ridgeway, who was requesting the rezoning as the potential purchaser of the property, was also present. Mr. Ridgeway said that he planned to use approximately 3/4 acre of the total 2 1/2 acre parcel, however, he planned to ask for rezoning of the entire parcel. He said that he planned to construct a 1,000 square foot building and he planned a buffer zone between the business and residential areas. He said that he planned to lease U -Haul trucks and trailers, wood - splitters, chainsaws, extension ladders, etc. and planned to sell hardware items such as shipping materials, tools, etc. Staff noted that the zoning ordinance classifies rental of U -Hauls as a B3 use, whereas hardware sales would be a B2 use. Commissioners felt that Mr. Ridgeway needed to determine whether the hardware store or the U -Haul rental would be the principal use of the property, so that he could request the appropriate zoning category. They felt that the U -Haul rental might be classified as accessory, if the primary use was hardware sales. Some of the Commissioners questioned the fact that Mr. Ridgeway wanted to rezone the entire parcel, when only 3/4 acre would be used for the business. Commissioners were in favor of Mr. Ridgeway proffering out objectionable uses. No action was needed by the Commission at this time. INFORMAL DISCUSSION WITH MR LINWOOD RITTER Mr. Miller stated that Mr. Linwood Ritter, the owner of Pioneer Trailer Park, was present to discuss the possibility of extending public sewer to his trailer park with a connection at Sherando Park. Mr. Miller said that the Pioneer Trailer Park is located off Route 277, on Hudson Hollow Road (Rt. 636) and is adjacent to Sherando Park. Mr. Linwood Ritter said that he wanted to extend the sewer service from Sherando Park, which is less than 300' from his trailer park. Mr. Ritter said that the DEQ suggested the county connection because they are interested in eliminating lagoon systems throughout the state. He said that the DEQ would like to see his lagoon system turned over to public sewer since it was located so near to a connection. He said that the Sanitation Authority has recommended a 2 1/2 inch line. Mr. Ritter that the DEQ suggested another option, which was a tertiary plant 3909 similar to the one at Forest Lakes. Mr. Ritter said that he has five houses and 11 mobile homes at his park (there is a total of 12 mobile home lots). Mr. Ritter said that the property is zoned MHI and they use well water. The Planning Commission noted that Sherando Park was becoming a popular water connection in this area. It was pointed out that if sewer was provided to this parcel, the allowable density would automatically increase to eight units per acre, which would be 40 units. Some of the Commissioners felt that this request needed to be viewed in conjunction with the Fulton extension. Chairman Golladay stated that he was in favor of the Fulton request as long as the houses along Route 636 were given the opportunity to hook on, but he was not in favor of extending the sewer as far as the trailer park because of the increased allowable density. He felt it would create a precedent setting situation for other areas of the county. Mr. Thomas pointed out the potential environmental problem of having sewage lagoons next to the park and lake. The Planning Commission felt this request should be sent to the CP &PS for a recommendation and to look at expansion of the UDA and the SWSA. No other action was needed at this time. INFORMAL DISCUSSION REGARDING PROPOSED AMENDMENTS TO ARTICLE IV, SUPPLEMENTARY USE REGULATIONS SECTION 165 -30 SIGNS Mr. Wyatt said that the Development Review and Regulations Subcommittee (DRRS) discussed proposed draft amendments regarding the existing sign regulations in the Zoning Ordinance. Mr. Wyatt said that these amendments were created as a result of work done by the Chamber of Commerce Corridor Appearance Task Force (CATF). Mr. Wyatt said that CATF had created a report that provided recommendations to assist with the long term appearance of roadway corridors leading into the community. He said that the CATF's report was limited to the primary roadway corridors leading into the City of Winchester and not the county as a whole. Mr. Wyatt said that the staff believed that the proposed amendments needed to reflect the community as a whole to ensure consistency in our commercial and industrial areas, to avoid the creation of overlay districts simply for sign regulations, and to mitigate problems with future corridors. He said that if regulations are consistent, Frederick County will not have to repeat this exercise when less significant or future commercial and industrial corridors are developed throughout the county. 3910 13 There was discussion among the Commissioners as to whether the sign requirements should be county -wide or limited to the primary road corridors leading into the City of Winchester. They also discussed whether the regulations should just apply to the B1, B2, and B3 Districts and not the RA (Rural Areas) Zoning Districts. Their discussion focused on the economic standpoint versus the beautification standpoint. There was also concern about the feasibility of existing businesses areas meeting the minimum spacing requirements and some commissioners felt the county may want to accommodate existing businesses on an individual basis. Commissioners also felt that county regulations should be similar to those required by the City of Winchester and surrounding jurisdictions. It was decided that more study needed to be done before the amendments were advertised for public hearing. No other action was taken by the Commission at this time. INFORMAL DISCUSSION REGARDING PORTABLE SIGNS Mr. Wyatt said that the DRRS reviewed the sign recommendations specified in the final report of the CATF and they agreed with most of the recommendations, but expressed concern regarding the lack of information pertaining to portable signs. Mr. Wyatt said that the staff met with CATF and the Chamber of Commerce and determined that they were not opposed to the allowance of portable signs, however, they believed that these type of signs should be permitted and limited to a specific time period. This would allow for special sales and promotions to be advertised but would allow an enforcement method, if these signs became permanent in nature. Mr. Wyatt said that the DRRS would like some direction from the Commission on what guidelines should be established regarding this issue. The Commission discussed the pros and cons associated with portable signs and some of their comments were: Although the advertising effectiveness of some portable signs was questionable, they felt temporary portable signs could be useful under certain circumstances; they felt that portable signs should be permitted for a certain time frame, even though it may be difficult to police them; Commissioners felt that a problem arises when the temporary portable sign becomes permanent; other areas of concern centered around the size and type of the portable sign and its placement. It was pointed out that some portable signs throughout the county create a safety hazard because they block visibility and some are placed in VDOT's right -of -way. No action was needed by the Commission at this time. 3911 W OTHER Chairman Golladay said that a letter was received from Mr. Shannon Watson concerning his opposition to the James Carroll rezoning. Upon motion made by Mr. Thomas and seconded by Mr. Marker, the Commission unanimously agreed to make the letter a part of the official record. ADJOURNMENT No other business remained to be discussed and the meeting adjourned at 8:00 p.m. Respectfully submitted, Robert W. Watkins, Secretary Ja es W. Golladay, Jr., C airman 3912