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MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia
on January 4, 1995.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman;
John R. Marker, Vice Chairman /Back Creek District; Marjorie H.
Copenhaver, Back Creek District; Terry Stone, Gainesboro 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; and Vincent
DiBenedetto, Winchester City Liaison.
Planning Staff present: Evan A. Wyatt, Planner 11; W. Wayne Miller, Zoning
Administrator; Kris C. Tierney, Deputy Planning Director; and Eric R.
Lawrence, Planner 1.
ABSENT: S. Blaine Wilson, Shawnee District; John H. Light, Stonewall
District; and Robert M. Sager, Board Liaison.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes
of November 16, 1994 were unanimously approved as presented.
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BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DR &RS) - 12129194 mtg.
Mr. Wyatt reported that the DR&RS discussed a proposed amendment to the
MI District to allow truck rental facilities. He said that they also discussed the need to
create a policy statement pertaining to vested rights.
Sanitation Authority (SA) - 12/23/94 mtg.
Mrs. Copenhaver reported that the SA's rate increases will be effective
January 1, 1995. She said that bids are being submitted for the Route 522 South Sewer
System and the Route 642 /Frederick Woods project.
Election of Officers and 1995 Meeting Schedule
Chairman Golladay announced that he was resigning from the Planning
Commission effective January 11, 1995.
Election of Charles S. DeHaven, Jr., Chairman
Chairman Golladay declared nominations open for chairman.
The nomination of Charles S. DeHaven, Jr. for Chairman was made by Mr.
Marker and seconded by Mr. Romine.
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A motion was made by Mrs. Copenhaver, seconded by Mr. Thomas and
unanimously passed to close the nominations for Chairman.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously elect Charles S. DeHaven, Jr. as Chairman of said Commission for the year
of 1995.
Election of John R. Marker, Vice - Chairman
The nomination of John R. Marker for Vice Chairman was made by Mrs.
Copenhaver and seconded by Mr. Romine.
A motion was made by Mr. DeHaven, seconded by Mrs. Copenhaver, and
unanimously passed to close the nominations for Vice Chairman.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously elect John R. Marker as Vice Chairman of said Commission for year of 1995.
Election of Robert W. Watkins, Secretary
The nomination of Robert W. Watkins for Secretary was made by Mrs.
Copenhaver and seconded by Mr. Marker.
A motion was made by Mr. Marker, seconded by Mr. Stone, and unanimously
passed to close nominations for Secretary.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously elect Robert W. Watkins as Secretary for said Commission for the year of
1995.
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1995 Meeting Schedule
Upon motion made by Mr. Romine and seconded by Mr. Thomas.
BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously
to have regular monthly meetings on the first and third Wednesday of each month at 7:00
p.m. and worksessions on the fourth Monday of each month, as needed, at 7:30 p.m. Both
regular meetings and worksessions will be held in the Board Room of the Old Frederick
County Court House at 9 Court Square, Winchester, Virginia.
Reappointment of George L. Romine as liaison to the Winchester- Frederick County
Economic Development Commission
Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously reappoint Mr. George L. Romine as the Planning Commission's liaison to the
Winchester- Frederick County Economic Development Commission for a three -year term,
beginning February 1, 1995.
Appreciation of Service of .tames W. Golladay, Jr., as Chairman of the Planning
Commission
Mr. Richard Dick, Chairman of the Frederick County Board of Supervisors,
came forward to publicly thank Chairman Gottaday for his years of service and leadership
on the Planning Commission.
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PUBLIC HEARINGS:
Recommended 1995 Update of the Comprehensive Policy Plan for Frederick County
Action - Recommended Approval
Mr. Tierney reported that the most significant changes to this year's
Comprehensive Plan Update include the addition of a significant amount of information
from the recently completed Corridor Report on Routes 50, 7 and 11, and the update of the
Eastern Road Plan. Changes to the Eastern Road Plan included the removal and /or the
addition of road segments resulting from development in various areas and changes in
classification between major and minor collectors. Mr. Tierney said that there was one
small addition to the Urban Development Area (UDA) in response to a citizen request.
The addition consisted of a 27 acre tract located between Merriman's Lane and Route 37
in response to a citizen request.
The Commissioners were pleased with the work done by the Comprehensive
Plans and Programs Subcommittee on this year's update of the Comprehensive Plan. They
felt this was a "living" document for the community, for landowners, for developers, and
government officials.
There were no citizen comments.
Upon motion made by Mr. Romine and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval of the 1995 Draft Update of the Comprehensive Policy
Plan for Frederick County.
CUP #012 -94 of Mark Anderson and James Casey for a veterinary hospital /office. This
property is located at 667 Walter's Mill Lane (Route 836) and is identified as PIN 44 -A -100
in the Stonewall District.
Action - Recommended Approval with Conditions
Mr. Miller said that a veterinary office, clinic, or hospital is a permitted use
in the RA Zoning District with an approved Conditional Use Permit He said that this
proposed use is to be co- located with the existing dog kennel that is operated by the
Andersons under CUP #001 -86. Mr. Miller said that since this veterinary service is being
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operated in conjunction with the kennel, it does not appear that this use will create any
additional impacts.
Mrs. Cheryl Anderson said that both she and her husband, Mark, owned the
building that Dr. Casey's office would be located in. Mrs. Anderson said that Dr. Casey's
business will be primarily to serve existing clients that are using their services at the
boarding kennel. She said that they predict an increase of two to five additional people
using the building on a daily basis.
Chairman Golladay called for public comment and the following persons came
forward to speak in opposition:
Ms. Tina Bragg, the closest neighbor to the Anderson kennel, felt that a
precedent was being set to allow continued business growth on this property. Ms. Bragg said
that the road was barely wide enough in some places for vehicles to pass and there was
inadequate drainage. She said there is constant traffic on the road, sometimes as late as
11:00 and 12:00 p.m. Ms. Bragg said that the veterinary office is currently in operation and
she would like to see it closed until a traffic survey could be done. Ms. Bragg added that
she felt the Andersons were violating the conditions of their current CUP by allowing dogs
outside the kennel. She said that she hears the dogs barking on occasion.
Mr. Gregory Roberts, resident of 160 Walter's Mill Lane, said that he was not
opposed to the Anderson's business, but he was concerned about the increasing traffic on
Walter's Mill Lane. Mr. Roberts said that there are five families that use this road and only
his home is on the first mile, which is state maintained. He said the remainder of the road
must be maintained by the other four families. Mr. Roberts said that his kitchen is only 30'
from the center of the road and he was concerned about how fast traffic went by his home.
He said that with the expansion of Mrs. Anderson's business, there will be more customers
resulting in increased traffic.
Dr. James Casey came forward and said that about 95% of his business will
be on animals that are already at the boarding kennel. He said that his facility has been
inspected by the Department of Health and the Board of Veterinary Medicine. Dr. Casey
said that he was a Federally accredited veterinarian.
Mr. Wyatt noted that this section of Route 836 has been on the Secondary
Road Improvement Plan for two years, but it is not a scheduled project.
Chairman Golladay felt that some priorities needed to be set with regard to
scheduling of hardsurfacing of roads. He said that there are residents of Frederick County
who have been putting up with dirt roads for the past 40 years.
Upon motion made by Mr. Romine and seconded by Mr. Thomas,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval of C.U.P. #012 -94 of Mark Anderson and James Casey
for a veterinarian hospital with office space with the following conditions:
1) Any expansion of facilities to accommodate this use will require
revision of the original kennel site plan.
2) Any expansion of buildings or facilities beyond that approved by the
original site plan will also require a new or amended C.U.P.
OTHER ITEMS
INFORMAL DISCUSSION WITH MR. LINDEN UNGER REGARDING A POSSIBLE
REZONING
Mr. Tierney said that Mr. Linden Unger wishes to discuss the possibility of
rezoning a parcel of land approximately 1 113 acres in size, located on the south side of
Route 522 North, from B2 (Business General) to RP (Residential Performance). Mr.
Tierney said that this area along Route 522 North is a mixture of business and residential
uses and this general area would be expected to gradually transition to a predominantly
business corridor. He added that the parcel itself is low and during periods of heavy rain
is, at least partially, under water.
Mr. Linden Unger said that the adjoining property owner (Parcel #54), Mrs.
Beatrice E. Fincham, is interested in buying his property for the sole purpose of enlarging
the frontage on her residential property.
Commissioners commented that because this narrow strip of property was
situated between business zoning on either side, that RP zoning may not be appropriate.
They felt more inclined to view RA as the proper zoning, to match Mrs. Fincham's existing
property.
The Commissioners had questions regarding the zoning and size of adjacent
parcels. Since the answers to these questions were uncertain, the Commissioners requested
the staff and applicant to research the matter and come back to the Commission.
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INFORMAL DISCUSSION REGARDING THE LINDWOOD RITTER REQUEST FOR
SEWER EXTENSION.
Mr. Lindwood Ritter came forward and requested that the Commission table
his discussion until the next meeting. Mr. Ritter said that he passed some information to
Mr. Robert Sager and Mr. Sager has not yet been able to respond.
The Commission agreed to table the discussion item until a later time.
INFORMAL DISCUSSION REGARDING A POSSIBLE R EZONING ON ROUTE 7
Mr. Tierney said that Mr. John Fauler is interested in rezoning approximately
three acres from B2 (Business General) to 133 (Industrial Transition) for the purpose of
establishing a mobile home sales business. He said that this parcel is located in front of the
recently renovated Franklin Mobile Home Park.
Mr. John Fauler said that this would be a manufactured housing sales center
and he would have two display units plus an office on the property. Mr. Fauler said that
he would have an access directly on Route 7, rather than use Eckard's Circle.
Commissioners were concerned about the storage of trailers',on the site, the
amount of tractor /trailer traffic, and the storage of construction /erection equipment on the
site.
DISCUSSION REGARDING THE 1995 -1996 CAPITAL IMPROVEMENTS PLAN (C.I.P)
Mr. Tierney said that the Comprehensive Plans and Programs Subcommittee
(CP &PS) finalized their recommendation for the 1995 -1996 C.I.P. at their meeting of
December 12, 1994. He said that the C.I.P. includes 28 projects at a cost of roughly $70
million, which includes debt service on all projects except the County Office Complex. Mr.
Tierney said that this total does not include Sanitation Authority or landfill projects, since
they are fee - sustained.
Mr. Tierney said that in light of recent developments with the School Board,
some of the information in the C.I.P. is likely to change. He said that Mr. Thomas Malcolm
and Mr. Sullivan of the School Board were present to elaborate on those proposed changes.
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Mr. Malcolm came forward and stated that the three basic changes to their
plan included 1) the conversion of the Kline building from the school board's offices to an
elementary school; 2) instead of adding air conditioning to Stonewall school, they are
proposing a new facility at the same location; and 3) instead of an addition to the building
and grounds facility, they are proposing the complete relocation of that facility to Route 7.
Mr. Malcolm next proceeded to discuss in detail each of the items on the Schools Board's
revised plan.
A couple items of concern were raised by the Planning Commission with
regards to the new Stonewall Elementary School. Commission members pointed out that
the entire Route 11 corridor along that area is under constant pressure for rezonings to
business and frequently, to industrial uses. Commission members felt that parents of
Stonewall School children and the School Board officials needed to be aware that their
school will be in the middle of an industrial area. Commissioners also asked that School
Board officials look into alternate disposal methods for Stonewall School besides a septic
system. It was noted that this was a growing area with a lot of wells and a failing septic
system could cause problems with these surrounding wells.
The staff noted that this C.I.P. would be sent back to the CP &PS for their
meeting on January 9 and their recommendation will be forwarded to the Planning
Commission for their next meeting on January 18.
No action was needed by the Commission at this time.
DISCUSSION REGARDING THE AGRICULTRUAL AND FORESTAL DISTRICT
Mr. Wyatt said that on May 17, 1994, property owners along Double Church
Road (Route 641) and Refuge Church Road (Route 639) met with Extension Agent, Gary
DeOms and the Planning staff to begin the process necessary to create a new agricultural
and forestal district in Frederick County. Mr. Wyatt said that one of the criteria for this
district is that a core area of at least 200 acres is needed. He said that since the original
meeting, some landowners withdrew their application. He said that some parcels that
remained were not directly contiguous to the core area, but were within a one mile radius.
Mr. Wyatt said that these properties are referred to as "satellite districts" and can become
a part of the core area. He said that upon receiving the final tally of properties, it was
decided that there was a need to create two separate districts: The Double Church District
and the Refuge Church District.
Mr. Wyatt said that the Agricultural and Forestal District Committee
suggested that when this goes to public hearing, it should be taken with certain statements
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of intent. One being that some uses requiring a C.U.P. not be permitted within this district;
and secondly, that the five -acre subdivision provision should not apply to this district. Mr.
Wyatt said that the committee also felt that the UDA boundary line may need to be
adjusted during the 1995 update of the Comprehensive Plan.
The Commissioners wanted the staff and the committee to make sure that all
of the property owners involved fully understood the ramifications of setting aside their land
for this district for a five -year period.
DISCUSSION REGARDING THE 1995 ISTEA ENHANCEMENT PROPOSAL
Mr. Wyatt presented a map of the proposed Civil War Battlefield Tour
Network. Mr. Wyatt said that in order to create this network, the acquisition of property
is necessary and the purchase of the Grim Farm has become the first priority. He said that
last year, Frederick County and Winchester submitted a joint ISTEA application and was
awarded $1 million towards the purchase price. Mr. Wyatt said that staff is updating the
application again this year and the purpose is to attempt to obtain additional funding for
the Grim farm. The option to purchase the Grim Farm, which expires December 1, 1996,
provides a two -year window to secure the financing necessary to acquire the site.
Mr. Wyatt said that he feels it is very important for the state to be able to define the "tour
network" and the improvements that are envisioned within that network. Mr. Wyatt said
that with that in mind, although it is not required by law, staff is requesting that the
Planning Commission forward a recommendation to the Board of Supervisors for their
public hearing on January 11, 1995.
Upon motion made by Mrs. Copenhaver and seconded by Mr. Dehaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously endorse the proposed Civil War Battlefield Tour Network and does hereby
endorse the 1995 ISTEA Enhancement Proposal Grant Application.
ISSUES AND STRATEGIES FROM THE 1994 PLANNING COMMISSION RETREAT
Mr. Watkins presented a list of issues and strategies that were discussed at the
Planning Commissions 1994 retreat. Mr. Watkins said that the staff will work on ways to
bring about the strategies and issues discussed.
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OTHER:
Mr. Wyatt said the DR &RS entertained a request at their last meeting from
Penske Truck Leasing Company. He said that they are interested in renting space on Ml
property to establish a truck leasing and rental facility in Frederick County. He said that
it was determined that this use was not permitted in the Ml District. (It is permitted in B3
and M2 Districts).
Mr. Wyatt said that it was the feeling of the DR &RS that it may be
appropriate to have this use in the M1 District provided there are reasonable performance
standards associated with the use.
The Planning Commission instructed the staff to proceed with advertisement
of the amendment for public hearing.
ADJOURNMENT
There being no further business to discuss, the meting adjourned.
Respectfully submitted,
Robert W. Watkins, Secretary
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