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HomeMy WebLinkAboutPC_12-01-99_Meeting_MinutesI MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on December 1, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Marjorie H. Copenhaver, Back Creek District; Robert A. Morris, Shawnee District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice- Chairman/Back Creek District; John H. Light, Stonewall District; Terry Stone, Gainesboro District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Director; Michael T. Ruddy, Zoning Administrator; Mark R. Cheran, Planner 1; Amy M. Lohr, Planner 1; and Renee' S. Arlotta, Clerk. . CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - OCTOBER 6, 1999 & OCTOBER 20, 1999 Upon motion made by Mr. Thomas and seconded by Mr. Romine, the minutes of October 6, 1999 were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of October 20, 199 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. • Frederick County Planning Commission Minutes of December 1, 1999 Page 442 -2- • COMMITTEE REPORTS Historic Resources Advisory Board (HRABI - 11/16199 Mtg. Mr. Robert M. Morris, HRAB member, reported that the HRAB discussed reviving the historic plaque program in Frederick County. He said the HRAB also discussed Virginia's rural historic districts and how they might be applied in Frederick County. PUBLIC HEARING Conditional Use Permit #26 -99 of Nanette M. McFarland for a kennel (pet- sitting business). The property is located at 3782 Wardensville Grade and is identified with P.I.N. 59 -A -20E in the Back Creek Magisterial District. Action - Recommended Approval w/ Conditions Mr. Mark R. Cheran, Planner I, read the background information and review agency comments. Mr. Cheran stated that kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit. He said that the applicant has stated that the operation will involve 40 boarding approximately five animals in the basement of her home. Mr. Cheran added that the property is surrounded by mature woodlands and the nearest property is 150' from the applicant's residence. Ms. Nanette M. McFarland was present to answer questions from the Commission. Members of the Commission inquired if the applicant would be able to keep all animals indoors, especially during the night and Ms. McFarland replied that she would. There were no public comments. Members of the Commission believed that as long as the animals were kept inside of a completely enclosed structure, the impact on the surrounding neighborhood should be minimal. Upon motion made by Mr. Romine and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 426 -99 of Nanette M. McFarland for a kennel (pet- sitting business) at 3782 Wardensville Grade with the following conditions: 1. All agency comments should be complied with at all times. 2. All requirements of the Frederick County Code and the Code of Virginia pertaining to kennels shall is Frederick County Planning Commission Minutes of December I, 1999 Page 444 F -3- be complied with at all times. 3. No more than five animals other than those owned by the applicant shall be boarded at one time. 4. Any proposed business sign shall conform with the Cottage Occupation requirements (sign shall not exceed four square feet). 5. Any expansion of this use would require a new Conditional Use Permit. Conditional Use Permit 927 -99 of Stuart M. Perry, Inc. for a Commercial Outdoor Recreation Facility (golf course). This property is located at 1052 Merrimans Lane and is identified with P.I.N. 52 -A -313 and 52 -A -88 in the Back Creek District. Action - Recommended Approval w/ Conditions Mr. Mark R. Cheran, Planner 1, stated that the zoning ordinance allows commercial outdoor recreation facilities in the RA (Rural Areas) Zoning District with a conditional use permit. Mr. Cheran said that the property is located outside of the Sewer and Water Service Area (S WSA) and, therefore, public sewer and water services are not available to the property. Mr. Cheran reported that the Health Department has stated that any use of an on -site sewage disposal system must be initiated by an application with a design by a Virginia Professional Engineer, following a soil evaluation of the property. Mr. Cheran said that the • applicant is in the process of addressing these Health Department comments. Mr. Cheran continued, stating that staff is recommending limiting the number of signs along Route 37 to one and limiting the sign size to a maximum of 50 square feet, to be in keeping with the rural character of the area. Mr. Cheran also stated that an engineered site plan will be required for the proposed use and must address all requirements of the Zoning Ordinance and the various reviewing agencies. Mr. Dennis W. Perry, President, representing the application for Stuart M. Perry, Inc., was available to answer questions from the Commission. speak: Chairman DeHaven called for public comment and the following persons came forward to Mr. Aurther Littman, owner of the adjoining Candy Hill Campground, spoke in favor of the proposed golf course. Mr. Greg Baruffi, a resident on Fox Drive, also supported the proposed golf course, but he had some environmental concerns, particularly with Abrams Creek and the wetlands on the Willow Grove Farm. He commented that he, along with several other Shenandoah University students, had recently presented to the Board of Supervisors the findings of a study conducted in this area. He pointed out that the wetlands in the Willow Grove Farm area contain about a dozen plant species that are rare to the State of Virginia. He hoped that all environmental regulations would be followed regarding the use of pesticides, herbicides, and • Frederick County Planning Commission Minutes of December 1, 1999 Page 445 -4- fertilizers and that the proposed golf course would be designed and constructed to be "environmentally friendly." The subject of failing septic systems in the Round Hill area was raised by members of the Commission and a discussion ensued concerning the pursuit of extending water and sewer service to Round Hill, in light of the development that is occurring in this area. The Planning Staff pointed out that the County's long -range plans are to ultimately extend a line paralleling the west side of Route 37 from the Route 522 interchange area. It was also noted that if and when the DeGrange property develops, sewer and water will probably be extended to accommodate that property and the developers may participate in that effort in some fonn. Members of the Commission were very much in favor of the type of development proposed by Stuart M. Perry, Inc. They believed it served multiple purposes by keeping green and open space and providing recreational amenities to the citizens of the County. Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #27 -99 of Stuart M. Perry, Inc. for a Commercial Outdoor Recreational Facility (golf course) at 1052 Merrimans Lane in the Back Creek Magisterial District with the following conditions: I . All review agency comments must be addressed and complied with at all times. • 2. One business sign shall be allowed along Route 37; this sign shall be limited to a maximum of 50 square feet in area. 3. An engineered site plan shall be approved by the County. 4. Any expansion of use beyond the proposed 18 holes or construction of additional facilities would require a new conditional use permit. Conditional Use Permit #28 -99 of Kenneth E. Hottinger for a public garage without body repair. This property is located at 1057 Ridings Mill Road and is identified with P.I.N. 92 -A -3B in the Opequon Magisterial District. No Action - Application Withdrawn by the Applicant Ms. Amy M. Lehr, Planner 1, read the background information and review agency comments. Ms. Lohr stated that public garages without auto body repair are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP) provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from the view of surrounding properties. Ms. Lohr explained that this application was submitted following a site inspection by the staff which was initiated by a citizen complaint. The inspection revealed that Mr. Hettinger L Frederick County Planning Commission Minutes of December 1, 1999 Page 446 A i -5- was operating his business without the required CUP. She further stated that an existing 1,200- square -foot . garage will serve as the location for the operation and it is situated approximately 900 feet from Ridings Mill Road. She added that the garage is generally screened from adjoining properties by mature vegetation and trees. Mr. Kenneth E. Hottinger, the owner and applicant, was available to answer questions from the Commission. Members of the Commission had questions for Mr. Hettinger on the number of days per week he intended to work, how he planned to dispose of fuels, lubricants, paints, batteries, and if his garage had a concrete floor with a floor drain. Mr. Hettinger replied that he intends to work three days per week at the site, no Saturdays or Sundays; he disposes of chemicals by taking them to a friend's shop in Front Royal who has an appropriate disposal receptacle; and, his garage has a solid concrete floor with a floor drain. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Glenn Martin, President of Dynatec, Inc., an adjoining property owner, said that when he purchased his property ten years ago, the Homeowners Association indicated that there would be no commercial development permitted. Mr. Martin said that he became aware of Mr. Hettinger's operation when a neighbor approached him and thought he was using the back of his property for ajunk yard. Mr. Martin said that upon investigation, he discovered there were approximately 20 wrecked vehicles at the property line on . Mr. Hottinger's side. Mr. Martin said that he notified the Frederick County Zoning Administrator of the situation. Mr. Martin continued stating that since he works in a service facility, he is aware of the problems encountered such as leaking fuels and chemicals from vehicles in need of repair, and he was concerned about the environmental damage that could occur. He explained that the road to Mr. Hottinger's property is a three - mile narrow, dirt and gravel road. Mr. Martin added that the 20 vehicles have not been removed from the area, but just have been moved to a neighbor's property. He believed this operation was an inappropriate use for this area. Mr. Carl Haines, an adjoining property owner, stated that he has put in considerable work in the last 12 years to make his residential property aesthetically pleasing and he clearly did not want to have a junkyard located next to him. Mr. Haines was also concerned about the environmental damage from chemicals, such as antifreeze, ethylene glycol, and motor oil, draining out of vehicles. In response to a question from one of the Commissioners, Mr. Haines replied that he was made aware of this use last summer, through Mr. Martin. Ms. Barbara Weimer, adjoining property owner, said that Ridings Mill Road is a narrow, dirt road and she was concerned about the extra traffic and roll -back trucks hauling cars in. Ms. Weimer said that she became aware of Mr. Hottinger's operation about a year ago when she observed roll -back trucks going into the property. Ms. Jackie Cooley, a neighbor across the road, was concerned about the condition of Ridings Mill Road. Ms. Cooley said that Ridings Mill Road has not been improved in the 30 years that she's lived • Frederick County Planning Commission Minutes of December 1, 1999 Page 447 r there. She has observed increasing amounts of traffic. She said that three or four school buses travel the road and the road is not wide enough for vehicles to pass. Mr. Hottinger came back to the podium and stated that he wished to withdraw his application, as he did not realize there was so much opposition from the neighbors. No further action was needed or taken by the Commission. PUBLIC MEETING Request for a waiver to the cul- de-sac length requirement, Section 144 -17.G (1) of the Frederick County Subdivision Ordinance, submitted by Artz & Associates, Inc. on behalf of Norman J. Secrist, to permit a cul -de -sac length of 2,500 feet. This property is located on Wright's Road (Rt. 661) and is identified with P.I.N. 23 -A -5 in the Stonewall Magisterial District. Action - Tabled Mr. Michael M. Artz of Artz & Associates, Inc. explained that ultimately, the intention was to place the proposed road in this particular site and lots that were originally a part of this property, that were road frontage, have since been conveyed and divided out of the property. Mr. Artz said that this is the only location available to provide access to the remaining property. He commented that Mr. Secrist had to purchase . some property back in order to be able to dedicate land for State road purposes. Numerous questions were raised by the Commission. They expressed concern about whether or not the necessity of approving the waiver was solely to allow more lots to be developed. They expressed concern over whether approving the request would encourage development outside of the UDA. Thcy inquired if there was any topographic hardship involved. There was concern that continued approval of cul-de -sacs throughout the County would create a "patchwork" transportation system and it would ruin the County's road network. Members of the Commission inquired if the applicant had explored the feasibility of extending the road into Orchardale or explored the possibility of looping the road. Mr. Norman J. Secrist, the owner, said that he was not aware of the cul-de -sac length requirement when he started his project three years ago. He said that he realized that ignorance is no excuse for breaking the law, but he just did not know that what he was doing was illegal. Mr. Secrist said that he has already spent a considerable amount of money cutting in the roads and perking all of the lots. He said that the 65 acres remaining of this orchard is absolutely worthless ground for farming. Mr. Kris C. Tierney, Planning Director, stated that he worked with the Rural Issues Committee several years ago and was involved in many discussions about how rural areas should be developed. Mr. Tierney said that when a limit on cul-de -sac length was instituted, the focus of the discussion at the time was strictly on residential performance lots and the justification was emergency services. He said that the limit on cul-de -sac length was not instituted as a way to prevent development of five -acre lots in a rural area. Mr. Tierney commented that if Mr. Secrist would stub the road out to the property line, it would no longer a Frederick County Planning Commission Minutes of December 1, 1999 Page 448 i -7- technically be considered a cul-de -sac. • The Planning Commission discussed the possibility of tabling this request, thereby giving the applicant additional time to explore the possibility of extending the road into Orchardale or looping the road. Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table the request for a waiver to the cul -de -sac length requirement of the Subdivision Ordinance, Section 114- 17.G(1), submitted by Artz & Associates, Inc. on behalf of Norman J. Secrist, to the first meeting in January, 2000, by the following majority vote: YES (To Table) Miller, Thomas, Romine, Wilson, DeHaven NO: Ours, Copenhaver, Morris OTHER Mr. Michael T. Ruddy, Zoning Administrator, said that rather than having a Development Review and Regulations Subcommittee (DRRS) meeting at the end of December, the Planning Staff felt that the December 15' Planning Commission meeting could be used to discuss a couple of DRRS items, since a • fairly light agenda is anticipated. The Planning Commission agreed with that suggestion. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:25 p.m. by unanimous vote. Respectfully submitted, ris . Tierney, ecre of ek -- Charles S. DeHaven, Jr., Chairman Q • Frederick County Planning Commission Minutes of December 1, 1999 Page 449