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HomeMy WebLinkAboutPC_03-01-95_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 March 1, 1995. PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr., Chairman /Stonewall District; John R. Marker, Vice Chairman /Back Creek District; John H. Light, Stonewall District; Marjorie H. Copenhaver, Back Creek District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; Richard C. Shickle, Gainesboro District; S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; and Vincent DiBenedetto, Winchester City Liaison. ABSENT: Terry Stone, Gainesboro District and Robert M. Sager, Board Liaison. Planning Staff present: Robert W. Watkins, Director and Secretary; W. Wayne Miller, Zoning Administrator; Evan A. Wyatt, Planner II; and Kris C. Tierney, Deputy Planning Director. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. I MINUTES Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of January 4, 1995 were unanimously approved as presented. Upon motion made by Mr. Thomas and seconded by Mr. Romine, the minutes of January 18, 1995 were unanimously approved as presented. 3954 2 INTRODUCTION OF MR. RICHARD C. OURS, OPEOUON DISTRICT Chairman DeHaven welcomed the newly appointed Opequon District representative to the Planning Commission, Mr. Richard C. Ours. BIMONTHLY REPORT Option to Purchase Caleb Heights Property Mr. Watkins stated that the Association for the Preservation of Civil War Sites (APCWS), which is a national group headquartered in Fredericksburg, Virginia, has undertaken an option agreement with Mr. David Holiday for 222 acres of the Caleb Heights site, with a final purchase price of $2.5 million. Mr. Watkins said this group has purchased battlefield sites throughout the country and this is good news for Frederick County. Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Development Review & Regulations Subcommittee - 2/23/95 Mtg. Mr. Thomas reported that the DRRS discussed the issue of vested rights and sign regulations at interstate intersections. With regard to vested rights, Mr. Thomas said that the DRRS discussed the possibility of putting a termination clause in the ordinance for master plan approvals that would require resubmittals after a number of years and also discussing how long that time frame should be. Regarding sign regulations, Mr. Thomas reported that the DRRS discussed developing overlay districts for various intersections along the interstate for sign regulations. Mr. Thomas said that the committee was trying to become more aware of business needs for advertisement in those areas, while at the same time, protecting the surrounding areas, particularly residential areas, from over - signage. Mr. Thomas said that the DRRS plans to meet with the BZA to discuss the proposals as a joint committee and is also considering having a liaison member of the BZA on the DRRS while the ordinance is being developed. 3955 9 Transportation Committee - 2/14/95 Mtg. Mr. Wyatt said that the Transportation Committee discussed the Primary Road Improvement Plan, which is before the Planning Commission this evening. Battlefield Task Force - Will meet on 3/13/95 Mr. Watkins reported that the BTF is in the process of finalizing an overall plan for a battlefield network. He said that the BTF is planning to present the plan at a joint worksession with the City and the County in early April. Historic Resources Advisory Board - 2/21/95 Mtg. Mr. Morris reported that the HRAB will begin the historic plaque program by presenting plaques to the ten national historic sites in the county. He said that it is hopeful that the first presentations of those plaques will be made by the Board of Supervisors in April. Mr. Morris said that design guidelines for new construction in historic overlay areas was also discussed. Sanitation Authority - 2/15/95 Mtg. i Mrs. Copenhaver reported that the minutes of the February 15, 1995 meeting indicate that a contract has been obtained for sewer on Route 522 South between Airport Road and the Shenandoah Mobile Home Park. Winchester Planning Commission - 2/14/95 and 2/21/95 Mtes. Mr. Shickle reported that the City is continuing their discussions on the outdoor display and sale of retail merchandise. He also reported that certain City staff members have expressed interest in working with the County Planning Commission on the interstate signage issue. Mr. DiBenedetto said that the City unanimously voted to rezone a portion of the Park property for a theater -arts building. 3956 4 SUBDIVISIONS Subdivision Application #001 -95 of Saratoga Meadows for 42 single - family detached traditional housing units on minimum building lots of 15,000 square feet. This property is located on the south side of Senseny Road (Rt. 657), approximately 150' west of the intersection of Senseny Road and Greenwood Road (Rt. 656), and is identified with PINS 55 -A -195 and 54- A -125A in the Shawnee Magisterial District. Action - Approved Mr. Miller gave some project history of the site, stating that the approved rezoning of this property included proffers which offered $4,148 per building lot to offset capital costs associated with public schools, regional parks, and emergency services. He said that the master development plan addressed entrance concerns through the alignment with Country Park Drive (Rt. 1243) and stormwater management concerns were addressed through the creation of two on -site stormwater management facilities designed per the County Engineer's specifications. Mr. Miller said that because of water problems in one corner of the development, the Inspections Department is requesting that the lowest floor elevations be shown on site plans for Lots 27, 28, 37, and 38. Mr. Miller said that several of the platted lots (Lots 10, 11, 24, 27) will have long and narrow or very restrictive building footprints available and may result in variance requests. Mr. Miller said that a drainage easement plat across the Riggleman property will be required prior to final administrative approval of this development. Mr. Bruce Edens, the project surveyor with Greenway, Inc., iwas present to answer questions. The Planning Commission expressed concerns on the stormwater management, in light of the drainage problems in this area and the Greenfield Heights area. Staff noted that the County engineer has expressed confidence that what is presented on the plan would be adequate to handle the situation. Upon motion made by Mr. Romine and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #001 -95 of Saratoga Meadows for 42 single family detached traditional housing units provided that all review agency requirements are adequately addressed prior to final administrative approval. 3957 5 PUBLIC HEARINGS: Conditional Use Permit #001 -95 of Michael Sheffield for a cottage occupation to produce rodents as a pet industry supplier at 4648 Wardensville Grade. This property is identified with PIN 58 -A -29 in the Back Creek District. Action - Approved Mr. Miller gave the background information for this application and said that there were no particular problems by any of the reviewing agencies. Mr. Miller said that the site is isolated and is located approximately 1/2 mile from the state - maintained road and any other residence. Mr. Michael Sheffield, the applicant and property owner, came forward to answer questions from the Commission. Mr. Morris asked if Mr. Sheffield was dealing with any sort of hybrid animal or if he planned on doing any type of genetic research. Mr. Sheffield replied that the animals were the average laboratory-type white mice and rats reproduced under normal reproductive processes. He said there would be no genetic research carried out. There were no citizen comments. No other outstanding issues were raised by the Commission. Upon motion made by Mr. Marker and seconded by Mr. Romi ie, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #001 -95 of Michael Sheffield for a Cottage Occupation to produce rodents as a pet industry supplier with the following conditions: i 1. Any expansion of facilities required to accommodate the use will require a new or revised conditional use permit. Conditional Use Permit #002 -95 of Barry D. Myers for a motel /resort (bed and breakfast) at 473 Vaucluse Road near Stephens City. This property is identified with PIN 84 -A -53 in the Back Creek District. Action - Approved 3958 Z Mr. Miller said that VDOT has stated that minimum site distance requirements are not met at the existing entrance into this property to allow for safe ingress /egress and VDOT has requested that the entrance be relocated slightly westward. Mr. Miller said that VDOT's other request was for a commercial entrance, which would consist of a 30' culvert and flared entrance, however, it did not have to be paved or curb and guttered. He said that the applicant has agreed to meet these requirements prior to operation. The Commissioners had questions on the existing and /or proposed septic systems for structures on site and whether or not sprinkler systems were required. Mr. Barry D. Myers, the applicant and owner, described the existing structures on the site. He said that there is one main house, an art gallery with two bedrooms on the second floor, a mill house which is used as a studio, a guest house which he and his wife intend to live in, and the Vaucluse property, which is a historic 3,500 square foot brick structure built in the late 1700s, and that he and his wife intend to restore. Mr. Myers said that there are also remnants of a 12' X 14' house belonging to Gabriel Jones, the valley lawyer, and some slave quarters, both of which they would like to rebuild some time in the future. Mr. Myers said that this would not be a motel /hotel service. He said that they would have no more than 15 rooms on the entire property, spread throughout all of the structures. Mr. Myers next explained which structures each of the drainfields would serve. Mr. Myers said that he has reviewed this plan with the Health Department and it seems to work and to satisfy their needs, as long as he can get the required septic capacity. He added that sprinkler systems were not required by the code for this use group. There were no citizen comments. No other outstanding issues were raised by the Commission. Upon motion made by Mr. Marker and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #002 -95 of Barry D. Myers for a motel /resort (bed and breakfast) with the following conditions: 1. Any expansion of the use or facilities to accommodate the use will require a new conditional use permit and a revised site plan. 2. A relocated commercial entrance as required by VDOT will be constructed and approved prior to any public use. 3. Approved health systems must be installed prior to any public use. 3959 7 4. All review agency comments and requirements must be complied with prior to any public use. 5. A site plan must be submitted, approved, and all requirements completed prior to any public use of the facilities. j An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165 -37, Buffer and Screening Requirements, which would permit the Planning Commission to allow a modified Zoning District Buffer under certain specified conditions on land located within an approved master development plan. Action - Approved Mr. Tierney brought the Commission's attention to their discussion on January 18, 1995 with Mr. Ralph Gregory concerning a parcel within his business park, located south of the Route 37 interchange, north of Stephens City, on the west side of Route 1''.1. Mr. Tierney said that Mr. Gregory had a potential purchaser for the site with a use that required 133 Zoning. He said that the required buffers under B3 Zoning were unacceptable to the proposed purchaser because the purchaser wanted visibility from Route 11. Mr. Tierney said that Mr. Gregory proceeded with a request to amend the buffer requirements in the ordinance. Mr. Tierney said that the Commission felt that some flexibility! on buffers and screening could be permitted within approved master planned parcels; and because of time constraints involved with Mr. Gregory's client, they instructed the staff to draft an amendment to allow a buffer and screening reduction waiver which would be site plan controlled. Mr. Tierney read the proposed amendment as drafted by the staff. I The Commissioners felt that the wording under 1)(6)(b) should be changed to read, "...will require review..." instead of "...may require review..." In order to prevent all kinds of minor modifications in screening requirements coming to the Commission for review, the staff suggested the wording, "...will require review by the Planning staff and may require review by the Planning Commission..." The Commission felt this wording would be appropriate. The Commission consulted with the Assistant Commonwealth Attorney, Mr. Jay Cook, to determine if readvertising was necessary due to the wording change. Mr. Cook replied that readvertising would not be required. Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the ordinance which would permit the Planning Commission to allow a modified Zoning 3960 ,1 District Buffer under certain specified conditions on land located within an approved master development plan, as follows: D. Zoning District Buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (6) Where B -3 (Industrial Transition) zoning adjoins B -2 (Business General) zoning on land contained within an approved Master Development Plan, the Planning Commission may allow for specific modifications in screening requirements. (a) Such modifications shall be allowed at the Commission's discretion, provided all the following conditions are met. (1) The property line for which the modification is requested is internal to the land contained within the Master Development Plan. (2) A specified use is proposed on the parcel for which the modification is requested. (3) The modification shall not involve a reduction to required buffer distances. (4) The proposed components of the buffer are clearly indicated on a site plan for the parcel. (5) The site plan is reviewed and approved by the Planning Commission. (b) The approval of modified screening shall apply only for the specified use approved. Any change in use of the parcel including additions or site alterations will require review by the staff and may require review by the Planning Commission and may result in the Commission revoking the modified screening approval. OTHER THE 1995 UPDATE TO THE FREDERICK COUNTY PRIMARY ROAD IMPROVEMENT PLAN Action - Approved 3961 .,•.i L'] Mr. Wyatt said that the County has received VDOT's preliminary funding plan for the next six years, which provides money for preliminary engineering, right -of -way acquisition, and construction for the ongoing Route 522 South improvements, as well as improvements for the Route 37/ Rt. 11/ I -81 interchange area, which was discussed last year. Mr. Wyatt said that with that in mind, the staff felt it was prudent to remove those items from the 1995 Plan and revise the 1995 Plan to emphasize the importance of new pojects. i Mr. Wyatt said that the Commonwealth Transportation Boards Preallocation Hearing will be held in Augusta County on March 21 and the staff anticipates addressing the 1995 Plan showing the proposed Route 37 Eastern Bypass as the County's top priority for new road improvements. Mr. Wyatt said that the second priority is the improvements to the Route 277 Corridor, based on the commercial, residential, and public use activities that have occurred over the last several years. He said that Priorities 3 (Rt. 11 North and South of Winchester) and 4 (Interstate 81 East of Winchester) on the proposed plan are one in the same, although they will be advertised separately; and the staff will be coordinating these efforts with the City Planning Department because a portion of this area lies within City limits. Mr. Wyatt noted that the Plan indicates access improvements from Route 11 North and South to the Route 37 interchange areas and finally, the Plan calls for improvements to the I -81 Corridor. Mr. Wyatt added that the 1995 Plan also indicates the need to address commuter park and ride lots and in particular, the designation of properties that are in the proximity of future 37 East with the Route 7 East and Route 50 East intersections. Commissioners questioned whether or not there was any way to determine if Frederick County was receiving its fair share of allocations distributed by VDOT, as compared with other jurisdictions across the state. Mr. Wyatt said that the staff does not pass up the opportunity, especially at the Preallocation Hearings, to express the need to receive funding for all the items on the plan. The Commission had no amendments to the proposed 1995 Plan as presented. Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the 1995 Frederick County Primary Road Improvement Plan as presented. REQUEST FOR BUFFER REQUIREMENT WAIVER ASSOCIATED WITH THE FIRST VIRGINIA SQUARE SITE DEVELOPMENT PLAN Action - Approved 3962 10 Mr. Wyatt said that representatives of Gilbert W. Clifford & Associates, Inc. have asked for an opportunity to address the Planning Commission regarding the potential to reduce some of the buffer requirements associated with the First Virginia Square Site Development Plan. He said that the proposed design for this project does not allow for a ten .foot landscaped area, therefore, the applicant is proposing to maintain six feet and requests a waiver of the remaining four feet. Mr. Charles W. Maddox, Jr., project engineer with G. W. Clifford & Associates, Inc., described the mixture of evergreen and deciduous plantings that they were proposing inside the six foot easement. Mr. Maddox said that the size of the proposed Burger King, the drive - through space, the one -lane of parking, and the full 24 foot through -lane on the eastern side of this site creates a 'choke point" that has caused this request for a reduction in buffer. Commissioners felt that the remaining four feet was needed more in property space than in the landscaped area because of the tight -fit of the numerous uses planned for this site. The Commissioners felt that they could grant the reduction if the landscaping proposed was attractively done and well - maintained to break up the busy activity of the site. Upon motion made by Mr. Marker and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the reduction of the ten foot landscaped screen to six feet with the stipulation that the landscaping provided is attractive and well - maintained. BIMONTHLY REPORT AND SITE PLAN SUBMISSIONS Mr. Miller said that the staff is in the process of streamlining the site plan review process and is requesting that the procedure for the site plan process be changed to allow the staff to administratively approve site plans without the need for them to appear on the Bimonthly Report. Mr. Miller said that the staff and applicants have found this procedure to be somewhat cumbersome at times because a site plan may be held up for two weeks or more awaiting appearance on the Bimonthly Report. Mr. Miller said that the staff would continue to automatically present plans which involved public facilities or the spending of public monies and staff would also continue to formally present plans that had previously been requested by the Commission, such as in the case of an approved CUP that required a site plan and the Commission had requested formal review. He said that the staff would also bring site plans for formal review if there was controversy that could not be resolved by the staff or the staff determined that it would be appropriate to submit the site plan for review by the Commission. 3963 11 The Planning Commission did not have problems with changing the site plan procedure as outlined by Mr. Miller. Upon motion made by Mr. Romine and seconded by Mr. Light, the Commission voted unanimously to formally approve the request of the staff to change the site plan process to allow the staff to administratively approve site plans without them appearing on the Bimonthly Report. j ADJOURNMENT I i No other business remained to be discussed and the meeting adjourned at 8:25 Ima Respectfully submitted, x Robert W. Watkins, Secretary i Charles S. DeHaven, Jr., Chairman 3964,