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HomeMy WebLinkAboutPC_09-01-99_Meeting_MinutesMEETING 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 September 1, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/ Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; Terry Stone, Gaincsboro District George L. Romine, Citizen at Large; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Robert M. Sager, Board Liaison STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; Mark Cheran, Planner I, Amy M. Lohr, Planner 1, and Renee' S. Arlotta, Clerk. . CALL TO ORDER Chairman DcHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. PUBLIC HEARINGS Conditional Use Permit 913 -99 of Mary C. Dixon for a Family Day Home (child care). This property is located at 128 Meadowbrooke Drive and is identified with P.I.N. 85B -1 -22 in the Opequon Magisterial District. Action - Recommended Approval w/ Conditions Frederick County Planning Commission Minutes of September 1, 1999 Page 404 -2- Mr. Mark R. Cheran, Planner I, read the background information and review agency • comments. Mr. Cheran said that the proposed day care facility would be conducted in the principal structure. He said the adjoining properties are located 25 feet from the principal structure. None of the reviewing agencies had any objections. The applicant, Mrs. Mary C. Dixon, was available for questions. There were no public comments. No issues of concern were raised by the Planning Commission. Based on the limited scale of the proposed use and evaluation of the property, the Planning Commission believed the use would not have significant impacts on the surrounding properties. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 413 -99 of Mary C. Dixon for a Family Day Home (child care) at 128 Meadowbrooke Drive with the following conditions: 1. The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 2. The number of nonresident children allowed at this day care facility shall be limited to six (6). is 3. No business sign shall be permitted. 4. All review agency comments shall be complied with at all times. Conditional Use Permit 914 -99 of James A. Cooper for a Cottage Occupation to operate a Custom Auto Detailing business. This property is located at 189 McCarty Lane and is identified with P.I.N. 65 -3 -7 in the Shawnee Magisterial District. Action - Recommended Approval with Conditions Mr. Mark R. Cheran, Planner I, read the background information. Regarding the review agency comments, he pointed out that the Health Department has stated that no sewage disposal system is serving the structure and VDOT has requested a commercial entrance. Mr. Cheran stated that in adherence to the Cottage Occupation requirements, all activities associated with the business are required to occur within the structure. He added that adjoining properties are 50 feet from the structure in question. Mr. James A. Cooper, the applicant, described the business as a reconditioning of automobiles, trucks, and larger vehicles and includes washing, buffing, and some minor paintwork with a hand -held brush (no airbrush work), such as window tinting and pin striping. Mr. Cooper added that no body work will be done • Frederick County Planning Commission Minutes of September 1, 1999 Page 40: -3- on the site. • Planning Commissioners inquired if the property owner had agreed to update the health system. The applicant said that he rented two stalls (wash -bay facilities) from the property owner and he did not know what the owner had planned to do with regard to the health system. Planning Commissioners also informed the applicant that VDOT needed to be contacted regarding the commercial entrance requirements. Mr. Cooper said that he understood the recommended conditions of the permit and realized that either himself or the landlord would need to work out the health and entrance issues. There were no public comments. Planning Commission members believed additional time was needed for the applicant to complete the required site improvements and the ninth condition recommended by the staff was amended to extend the time period for completion from 90 days to 180 days. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 14 -99 of James A. Cooper for a Cottage Occupation to operate a custom auto detailing business at 189 McCarty Lane with the following conditions: All review agency comments shall be complied with at all times. 2. All work shall be accomplished within an enclosed structure. • 3. Any proposed business sign shall conform to the Cottage Occupation sign requirements; the sign shall not exceed four (4) square feet. 4. No outdoor storage of equipment associated with the business shall be permitted. 5. No additional employees shall be permitted. 6. No more than five (5) vehicles awaiting detailing shall be permitted. Vehicles awaiting detailing must be located to the rear of the building. No inoperative vehicle shall be allowed on the property at any time. 8. Hours of operation shall be 7:00 a.m. to 7:00 p.m. 9. Completion of all site improvements must occur within 180 days of permit approval. Frederick County Planning Commission Minutes of September 1, 1999 Page 406 -4- Conditional Use Permit 415 -99 of Lynne and Timothy Rickard for an Assisted Living Facility. This property is located at 113 Edgewood Drive and is identified with P.I.N. 65D- 1 -3 -28 in the Stonewall Magisterial District. Action - Recommended Approval w/ Conditions Mr. Mark Cheran, Planner I, read the background information and review agency comments. Mr. Cheran stated that this application is in response to a zoning violation complaint that the staff received. He said that the applicant was cited for operation of an illegal business (assisted living facility), and obtaining the conditional use permit is an available option to resolve the violation. speak: Chairman DeHaven called for public comments and the following person came forward to Mr. Richard Crane, the President and Association Manager of the Glenmont Village Homeowners Association, Inc., spoke on behalf of the residents of the Glenmont Village subdivision. Mr. Crane stated that the proposed use was a violation of Glenmont Village's subdivision deed covenants. Although the residents were not opposed to the Rickards conducting the assisted living facility, Mr. Crane said that the residents are requesting that the Commission add a condition to the permit requiring the applicant to submit a written request for a waiver of the Glenmont Village's subdivision deed covenants, in order to maintain the integrity of their association. The Planning Commission explained that the County has no authority to enforce deed covenants and believed it would not be appropriate to grant Mr. Crane's request by placing an additional condition on the Rickard's conditional use permit. The Commission congratulated Mr. Crane, the residents of the Glenmont Village subdivision, and the applicant for working so well together to arrive at an amicable solution for all the parties involved. No other issues of concern were raised by the Commission. Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 15 -99 of Lynne and Timothy Rickard for an assisted living facility at 113 Edgewood Drive with the following conditions: 1. All review agency comments shall be complied with at all times. 2. This assisted living facility shall be permitted to provide for a maximum of five (5) qualifying adults 3. No business sign will be permitted. 4. The applicant shall satisfy all licensing requirements of the Virginia Department of Social Services and the County of Frederick. 11 Frederick County Planning Commission Minutes of September 1, 1999 Page 401 -5- Rezoning #14 -99 of Shockey Industries, Inc. and Shockey Realty Company to rezone 2.3 acres from RP (Residential Performance) District to B2 (Business General) District, and 2.8 acres from M2 (Industrial General) District to B2 (Business General) District. This property is located on the west side of Martinsburg Pike (Rt. 11), approximately 600' north of Lee Avenue, in the Stonewall Magisterial District, and is identified with P.I.N.s 54A -1 -1, 54A -1 -2, 54A -1 -3, 54A- 1 -15A, and 54 -A -16. Action - Recommended Approval Commissioner Stone said that he would not participate in any discussion or vote on this particular rezoning because of a possible conflict of interest. Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. He stated that the 5.1 acres has sufficient frontage along Martinsburg Pike and does not contain development constraints, such as environmental features or historic resources. He said that the applicant has proffered to limit the use of this acreage for office development which is consistent with other land uses along this portion of Martinsburg Pike. Mr. Wyatt continued, stating that the primary impacts associated with this proposal is to the transportation system and to adjoining residential properties. He said that the impacts could be mitigated by limiting the number of entrances onto Martinsburg Pike, limiting the number and type of outdoor lighting fixtures, providing monument signs, and enhancing landscaping and buffering methods. • Three homeowners of the Stine Subdivision came forward to speak in opposition to the rezoning and they expressed concerned about possible increased truck traffic and crusher debris. They were Mr. Thomas C. Brumback, Sr., Mr. David Fahncstock, and Ms. Dorothy Tillotson. Mr. Brumback presented a petition with signatures of homeowners in the Stine Subdivision who were opposed to any further expansion of the Shockey Industries around their residences because it violated their restrictive covenants limiting the use of the lots to residential. Mr. Mark Smith of Greemvay Engineering, the design engineering firm representing the applicant, explained that the purpose for the rezoning was for office expansion, not to increase industrial activity. Mr. Smith said that Shockey Industries desires to eliminate several office trailers and accommodate everyone in one building. Mr. Ralph D. Shockey, one of the Shockey Industries owners, stated that this particular office location serves three of their companies, located north of Baltimore, within Roanoke, and within Virginia Beach. He said that doubling the office space does not mean they would be doubling production activity at this Martinsburg Pike location. Commission members believed that the proposed down - zoning would not significantly impact the neighbors, especially in light of the proposed use and the proffers. They believed the road location would be a major factor as far as the adjoining property owners were concerned. Commission members requested the applicant meet with the neighbors to work out an amicable solution to the placement of the entrance road and building location. Frederick County Planning Commission Minutes of September 1, 1999 Page 408 or t� Upon motion made by Mr. Light and seconded by Mr. Romine, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning #14 -99 of Shockey Industries, Inc. and Shockey Realty Company to rezone 2.3 acres from RP (Residential Performance) District to B2 (Business General) District, and 2.8 acres from M2 (Industrial General) District to B2 (Business General) District with the proffers submitted, by the following majority vote: YES (To Approve) Morris, Light, Copenhaver, Marker, DeHaven, Wilson, Romine, Thomas, Ours NO: Miller ABSTAIN Stone REQUEST TO EXTEND SEWER SERVICE TO ALL LOTS IN THE WHITFIELD SUBDIVISION Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans & Programs Subcommittee (CPPS) considered a request to allow for the extension of public sewer service to the Whitfield Subdivision during their August 9, 1999 meeting. Mr. Wyatt reported that the request entails the . extension of a two -inch pressurized sewer line from the Woodside Estates pump station under Double Church Road (Rt. 641) into the Whitfield Subdivision. Mr. Wyatt stated that the staff discussed the issue with Mr. Wellington H. Jones, Frederick County Sanitation Authority (FCSA) Director. He said that Mr. Jones advised that public sewer service of a limited capacity as proposed by Mr. Petry could accommodate the Whitfield Subdivision, however, the FCSA would desire to evaluate the current system and the general area to be served. Mr. Wyatt noted that the Whitfield Subdivision is served by public water; therefore, there is not a potential for well contamination within the subdivision. Mr. Wyatt continued, stating that the CPPS rcomnended by majority vote that the extension of public sewer service should not be provided to the Whitfield Subdivision at this time. He said that the majority of the CPPS felt that this would set a precedent for residential land use that would be followed by others. He said that the CPPS also felt that the claim of failing drainfield systems should be substantiated by the Health Department before a decision to serve the Whitfield Subdivision is made. Mr. Jim Petry, Vice President of Development for Jasbo, Inc., presented the request to the Planning Commission and remarked that their soil scientist has advised that soil conditions will not meet Health Department standards for approved drainfield systems and that existing systems may be failing. Mr. Petry stated that Jasbo, Inc., would provide all necessary easements to allow for other property owners within the Whitfield Subdivision to tie into the two -inch pressurized line should this request be approved by the Board of Supervisors. Chairman DeHaven called for public continent and the following persons came forward to • Frederick County Planning Commission Minutes of September 1, 1999 Page 40S -7- speak: • Mr. Edward Hamilton, a resident of Whitfield Subdivision, had concerns about the cost and reliability of using a pump system in this area and he preferred the installation of a gravity -fed sewer system. Mr. Bruce Welch, a resident along Double Church Road, said that he was on municipal water and he preferred the option of hooking up to the Frederick County Sanitation Authority's sewer system. Some members of the Commission were of the opinion that this area had too high a density of development to be on septic tanks, especially because of all the shale, and that the Commission had an obligation for good planning and good environmental stewardship to allow the extension of service. It was pointed out that if a homeowner's septic system failed, he would at least be able to take advantage of the availability of the line, which would be available at a somewhat reduced expense because of Jasbo, Inc.'s installation of the line. Other members of the Commission shared that opinion, however, they were concerned about setting a precedent for residential land use. Mr. Thomas moved to recommend approval of the request. This motion was seconded by Mr. Ours and passed by the following majority vote. YES (TO APPROVE) Miller, Stone, Ours, Thomas, Romine, Morris NO: Wilson, Marker, Copenhaver, Light, DeHaven • PUBLIC MEETING Subdivision Application #19 -99 of Thomas A. and Helen S. Grove, submitted by G. W. Clifford & Associates, Inc., to subdivide 5.958 acres into two lots. This property is located on the south side of Airport Road (Rt. 645) and is identified with P.I.N. 64 -A -99 in the Shawnee Magisterial District. Action - Recommended Approval Commissioner Wilson said that he would abstain from discussion and vote on this subdivision, due to a possible conflict of interest. Mr. Michael T. Ruddy, Zoning Administrator, stated that the proposed division would create two lots, each lot approximately two acres in size with lot frontage onto Airport Road (Rt. 645). He said that further expansion of the Winchester Regional Airport and improvements to Airport Road may impact the front portion of this parcel. He added that site development of the subdivided parcels would have to accommodate any future airport improvements and the relocation of Airport Road. Mr. Ruddy continued, stating that Airport Road is slated to be improved to an urban four -lane roadway, based on the Winchester Area Transportation Study. He said that staff is concerned that excess vehicular access points may result in unsafe conditions, therefore, staff is recommending that access to these • Frederick County Planning Conunission Minutes of September 1, 1999 Page 41( i -8- lots be minimized through the use of a shared entrance. This would minimize the number of entrances on the future roadway and possibly improve traffic safety. Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc., the design engineering firm representing the applicant, stated that they had no objections to the staffs suggestion of a shared entrance. There were no public comments. No issues of concern were raised by the Planning Commission. Upon motion made by Mr. Morris and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Subdivision Application #19-99 of Thomas A. and Helen S. Grove, submitted by G. W. Clifford & Associates, Inc. to subdivide 5.958 acres into two lots by the following vote: YES (TO APPROVE) Miller, Stone, Ours, Thomas, Romine, DeHaven, Marker, Copenhaver, Light, Morris ABSTAIN Wilson • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:50 p.m. by unanimous vote. Respectfully submitted, C. Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of September 1, 1999 Page 411