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HomeMy WebLinkAboutPC_03-17-99_Meeting_MinutesMEETING MINUTES • OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 17, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District; and S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District STAFF PRESENT: Kris C. Tierney, Planning Director; Eric R. Lawrence, Zoning Administrator; Chris M. Mohn, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - FEBRUARY 17, 1999 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of February 17, 1999 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. • Frederick County Planning Commission Minutes of March 17, 1999 Page 329 -2- COMMITTEE REPORTS • Comprehensive Plans & Programs Subcommittee (CPPS) Mrs. Copenhaver, subcommittee member, reminded members of the Commission that the CPPS will be holding two public meetings on the South Frederick Land Use Study: one on Thursday, March 18, and one on Wednesday, March 31, both at 7:00 p.m., at the Armel School. Historic Resources Advisory Board (HRAB) - 3/16/99 Mtg. Mr. Morris, Board member, reported that the HRAB reviewed a site plan for the Northwest Storage Water Tank and a request by Lenoir City Company. Mr. Morris said that Lenoir City Company wishes to rezone land in the Stonewall Industrial Park. He said that there is an old home located on the property, which was discussed. Sanitation Authority (SA) Mrs. Copenhaver, the Commission's liaison to the SA, reported that there will be a meeting • on Tuesday, March 23. Mrs. Copenhaver said that Ned Cleland is no longer chairman of the Sanitation Authority and Bob Carpenter has been appointed as a new member. Winchester Planning Commission (WPC) - 03/16/99 Mtg. Mr. Vincent DiBenedetto, member of the Winchester City Planning Commission, stated that the WPC will be reviewing City ordinances regarding densities downtown to determine if the George Washington Hotel could be used for residential housing. He said that the next few months may also be used for writing an ordinance to allow the City to get back into the flood insurance program. PUBLIC HEARING Conditional Use Permit #01 -99, submitted by David L. Shull, Sr. to operate a public garage with body repair. This property is located at 7317 Northwestern Pike and is identified with P.I.N. 27 -A -91 in the Back Creek Magisterial District. Frederick County Planning Commission Minutes of March 17, 1999 Page 330 -3- • Action - Recommended Approval with Conditions and a 90-day Stipulation Mr. Chris Mohn, Planner II, read the background information and review agency comments. Mr. Mohn stated that this application was submitted following a site inspection by staff which was initiated by a citizen complaint. He said the site inspection revealed the operation of a public garage with auto body repair without the required conditional use permit. Mr. Mohn continued, stating that the requested use consists of general automobile repair activities, as well as body repair, occurring within an existing two -car attached garage. He said that such body repair has been observed to involve the application of paints and finishes. Mr. Mohn further stated that there is very limited natural screening between the subject property and the adjoining parcel in closest proximity to the requested use. He said that during periods of heavy business activity, vehicles awaiting service, as well as automobile parts, have been observed unscreened and visible from Route 50. speak: Chairman DeHaven called for public comment and the following persons came forward to Mr. Robert Price, son -in -law of Mrs. Nancy Kercheval, an adjoining property owner, said that Mrs. Kercheval wanted to voice her approval of the requested conditional use permit. Mr. David Kollar, an adjoining property owner, said that he did not have any particular concerns or apprehensions about Mr. Shull's use, however, he believed that Mr. Shull should be required to abide by the same regulations as other public garages with body repair in the County. He pointed out that there are building code requirements that must be met for operation of spray painting booths. He also believed that installation of a commercial entrance would be somewhat problematic because of the elevation from Route 50 • to Mr. Shull's property. Commission. Mr. David L. Shull, Sr., the applicant, was not present to answer questions from the Several items concerning Building Code compliance were discussed by the Commission and staff. It was noted that the Building Official would be responsible for ensuring that spray painting operations complied with Code requirements; in addition, the applicant would need to acquire a Change of Use Permit for the building. The staff noted that the applicant must comply with these requirements before the Building Official will issue a Certificate of Occupancy. It was also pointed out that the applicant's sign exceeded the size permitted for a Cottage Occupation and would need to be brought into compliance. A member of the Commission recommended that the applicant should be required to adhere to all review agency comments and conditions within 90 days of approval of the conditional use permit. This was considered appropriate due to the fact that the public garage with body repair had already been established on the property. However, another member of the Commission believed that no action should be taken until the applicant could be present to answer questions directly from the Commission. It was also remarked that a great deal of work needed to be accomplished by the applicant to conform with review agency requirements, which prompted the Commission to discuss whether the suggested 90 days would be enough time for compliance. The Commission ultimately decided to include the 90-day deadline for compliance with their recommendation. It was further agreed that if the applicant needed more time, he could pursue an extension of time through standard CUP procedures. • Frederick County Planning Commission Minutes of March 17, 1999 Page 331 -4- Upon motion made by Mr. Marker and seconded by Mr. Miller, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval, by majority vote, of Conditional Use Permit #01 -99 of David L. Shull, Sr. to operate a public garage with body repair with the stipulation that compliance with all review agency comments and the following conditions be accomplished within 90 days of final permit approval: I . All review agency comments and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 3. No more than five (5) inoperable vehicles shall be permitted to be stored on the property at any one time. These inoperable vehicles shall be screened from view from adjoining properties and Route 50. 4. An opaque device at least five (5) feet in height shall be installed to screen all activities associated with the operation of the public garage from view from adjoining properties and Route 50. 5. All repair activities shall occur entirely within an enclosed structure. 6. Any expansion of the business shall require a new Conditional Use Permit. The vote was as follows: • YES (TO APPROVE) Miller, Stone, Thomas, Romine, DeHaven, Marker, Copenhaver, Light, Morris NO: Wilson (Note: Mr. Ours was absent from the meeting.) Proposed Amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, establishing Section 165- 23.F(7); "Protective Entrance Canopies" of the Frederick County Code. This amendment would allow the placement of protective entrance canopies and associated support structures within the front yard setback areas. Uses that might utilize this proposed amendment include funeral homes, schools, churches, day care facilities, and libraries. Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that staff has received a request from Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, Inc., to amend the Zoning Ordinance to allow the placement ofprotective entrance canopies and associated support structures withinthe front yard setback areas. Mr. Lawrence said that Mr. Gyurisin has encountered several projects, such as child care centers, funeral r Frederick County Planning Commission Minutes of March 17, 1999 Page 332 -5- homes, churches, etc., where canopies would encroach on the front yard and the canopies are needed to protect ® patrons from inclement weather as they enter or exit the structure.' He said that the ordinance permits canopies associated with retail petroleum pumps to be located within front yard setbacks. Mr. Lawrence continued, stating that the staff believed it would be appropriate to allow certain uses that utilize canopy structures to encroach on front yard setbacks. He explained that the typical front yard setback is either 35 or 50 feet from the road right -of -way, depending on the road's classification; therefore, staff is proposing a canopy setback of 20 feet. He said that this 20 -foot setback would essentially allow for a canopy to cover what would commonly be parking spaces or driveways. The 20 -foot setback would also maintain an area that would be structure -free; future road widening projects would not be complicated by the placement of structures within the areas necessary to expand right -of -ways. Mr. Lawrence next read the proposed amendment. A member of the Commission suggested that the amendment include the specific uses that would be permitted to encroach on front yard setbacks. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc. was present to answer questions from the Commission. There were no public comments. Mr. Thomas made a motion to approve the proposed amendment with the addition to the text of the permitted uses: funeral homes, schools, churches, day care facilities, and libraries. This motion was seconded by Mr. Marker. ® BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, establishing Section 165- 23.F(7); "Protective Entrance Canopies" of the Frederick County Code, as follows: 165- 23.F(7)Protective Entrance Canopies. Protective entrance canopies and support columns which are attached to the primary structure may extend into the front yard setback areas for the following uses: funeral homes, schools, churches, day care facilities, and libraries. The purpose of such canopies is to provide protection to patrons from the elements of weather as the patron enters or exits the structure. In no case shall the canopy or its structure be located closer than 20 feet from a road right -of -way boundary. PUBLIC MEETING Subdivision Application #03 -99 of Tybrook, L.C., submitted by Painter - Lewis, P.L.C., for the subdivision of a 4.1277 -acre tract into two lots. The property is located on North Frederick Pike (Rt. 522), one mile north of the Winchester Bypass (Rt. 37), and is identified with P.I.N. 42 -A -253 in the Gainesboro Magisterial District. Action - Recommended Approval with Stipulation Frederick County Planning Commission Minutes of March 17, 1999 Page 333 IM. Mr. Eric R. Lawrence, Zoning Administrator, said that the request is to subdivide the 4.1277- ® acre property into two lots: Lot 1 (1.1931 acres), presently zoned B2, will be for the Ridge Country Store and Lot 2 (2.9346 acres), presently zoned RA, would be for a future use. Mr. Lawrence said that the Subdivision Ordinance requires Board of Supervisors' approval of subdivisions without master development plans and a recommendation will be needed by the Planning Commission. He also noted that there is a pending rezoning application on this property and approval of the subdivision will depend on the rezoning of the 2.9346 -acre portion of the property from RA (Rural Areas) to B2 (Business General). Mr. Lawrence also stated that because of the minimum road frontage and the nature of Route 522 North, staff would encourage the use of a shared entrance between the two facilities. A member of the Commission inquired if there aren't already two entrances on the property. Staff replied that the goal is not to have any additional entrances to the ones that are already present. Commission. Mr. John Lewis of Painter - Lewis, P.L.C. was present to answer questions from the There were no citizen comments. Mr. Miller moved to approve the subdivision with the stipulation that no additional entrances be placed on the property, along with the applicant satisfying all of the review agency comments, and receiving approval of Rezoning Application #02 -99. This motion was seconded by Mr. Stone. Chairman DeHaven asked the design engineer for his comments on the recommendation. Mr. Lewis said that when this project was initially brought to the Commission, approximately one year ago, one ® of the recommendations was that a deceleration and turn lane be proffered for this portion of the property. Mr. Lewis hoped that the Commission would let VDOT make the call as far as how the traffic would actually work out there. Mr. Lewis requested that the Commission allow him to come back with a design of the 2.9 acres at the time of site plan submission for the Commission to review the entrances. Mr. Lewis said that he would prefer that VDOT be provided the opportunity to look at the site and make a recommendation before the Commission limits the number of entrances. Mr. Miller amended his motion to approve the subdivision with a request for review of the site plan by the Commission, along with the applicant satisfying all of the review agency comments, and receiving approval of Rezoning Application #02 -99. The amended motion was concurred with and seconded by Mr. Stone. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #03 -99 of Tybrooke, L.C., submitted by Painter- Lewis, P.L.C., for the subdivision of a 4.1277 -acre tract into two lots with a request for review of the site plan by the Planning Commission, along with the applicant satisfying all of the review agency comments, and with the stipulation of the approval of Rezoning Application #02 -99. Frederick County Planning Commission Minutes of March 17, 1999 Page 334 -7- Request for Exemption from the 50' Right -of -Way Requirement of the Subdivision Ordinance, Section ® 144- 31.C(3), submitted by Greenway Engineering for Charles Willis. The property is located northeast of the intersection of Redbud Road and Milburn Road and is identified with P.I.N. 44 -2 -28 in the Stonewall Magisterial District. Action - Recommended Approval with Stipulation Mr. Lawrence stated that the staff has received a request from Mr. Gary Oates of Greenway Engineering, on behalf of Mr. Charles Willis, to gain an exemption to the 50' right -of -way width requirement of the Subdivision Ordinance. Mr. Lawrence explained that Mr. Willis owns a 16.725 -acre parcel, northeast of the intersection of Redbud Road and Milburn Road, which is used for agricultural use. He said that no residential structures are presently located on the property and access is via Marquis Court, a private road with a two -foot right -of -way width. As access to the parcel in question is via an existing right-of-way across property owned by others, the request is for the Board to exempt the land division from the 50' requirement so that the existing right -of -way may be utilized. Mr. Lawrence said that based on the location of this land division and the nature of the surrounding properties, staff feels that a waiver to allow for use of the existing right -of -way is reasonable. Commission members suggested the restriction of further divisions of the property, if this waiver was approved. A member of the Commission inquired if additional land could be acquired from the other adjoining property owners, in order to create the required 50' right -of -way. It was also commented that a state road could never be installed through here because of the insufficient right-of-way. Mr. Gary Oates of Greenway Engineering was representing the applicant, Charles Willis. Mr. ® Oates said that the road has been located here for 20 years, the neighbors are satisfied with the way it is, they have a maintenance agreement between them, and they do not want to give up any additional land. He said that the additional right-of-way would also place the setback line even further back for any future building construction. He explained that the second lot back from the road, owned by Mr. Boden, does not have a house on it at this time and he is concerned that increasing the setback may affect its resale value. Mr. Willis, the applicant, came to the podium and stated that he had no intentions of further subdivisions of the property. He said that he was giving one of the lots to his daughter. Upon motion made by Mr. Light and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the request for exemption from the 50' right-of-way requirement of the Subdivision Ordinance, Section 144 - 31.C(3), made by Mr. Charles Willis, with the limitation that only two lots will be subdivided in perpetuity on the Willis property. The vote was as follows: YES (TO APPROVE) Stone, Thomas, Romine, Wilson, Markcr, Copenhaver, Light, Morris, DeHaven NO: Miller Frederick County Planning Commission Minutes of March 17, 1999 Page 335 -g- E Request for Exemption from the Five -Acre Minimum Lot Size and the 50' Right -of -Way Requirements of the Subdivision Ordinance, Section 144 -31 and 14424, submitted by G. W. Clifford & Associates for the Frederick County Sanitation Authority and Fruit Hill Orchards. The property is located southwest of the Route 522 North and Route 37 interchange and will be accessed via a right -of -way at the terminus of Thwaite Lane. The property is further identified with P.I.N. 42 -A -180 in the Gainesboro Magisterial District. Action - Recommend Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that staff has received a request from Stephen M. Gyurisin of G. W. Clifford & Associates, Inc., on behalf of the Frederick County Sanitation Authority, to allow for variations from the Subdivision Ordinance to establish a land parcel for the location of a water tank. Mr. Lawrence said that the site under consideration is zoned RA (Rural Areas) and is located southwest of the Route 522 North and Route 37 interchange, and will be accessed via a right -of -way at the terminus of Thwaite Lane. He explained that there is a minimum lot size requirement of five acres for land zoned RA and the ordinance also requires a minimum right -of -way width of 50' for access to the established land parcel. Mr. Lawrence said that the Authority requests that these requirements be waived so that a lot consisting of 2.5712 acres may be established and be served by a 30' right -of -way. Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc. and Mr. Wellington Jones, Engineer/Director for the Frederick County Sanitation Authority, were available to answer questions from the • Commission. Mr. Gyurisin and Mr. Jones had a site plan available for the Commission's review. Upon motion made by Mr. Miller and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request for exemption from the five -acre minimum lot size and the 50' right -of -way requirements of the Subdivision Ordinance, Section 144 -31 and 144 -24, submitted by G. W. Clifford & Associates, Inc. on behalf of the Frederick County Sanitation Authority and Fruit Hill Orchards. PLANNING COMMISSION RETREAT SUMMARY Mr. Eric R. Lawrence, Zoning Administrator, stated that the annual Planning Commission Retreat was held on February 6, 1999. He presented a prioritized list of the information discussed at the retreat for the Commission's information. Mr. Lawrence summarized the information for the Commission. Frederick County Planning Commission Minutes of March 17, 1999 Page 336 KIM ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:50 p.m. by unanimous vote. Respectfully submitted, C. Tierney; Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of March 17, 1999 Page 337