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HomeMy WebLinkAboutPC_05-02-01_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 May 2, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; S. Blaine Wilson, Shawnee District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director, Mark R. Cheran, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MARCH 21, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of March 21, 2001 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 04/26/01 Mtg. Mr. Thomas reported that the DRRS had discussions regarding desired characteristics for a Medical Support District. He said that the committee will have something for the Commission to review in the near future. • Frederick County Planning Commission Minutes of May 2, 2001 Page 654 -2- 0 Transportation Committee - 04/18/01 Mtg. Mr. Kriz reported that the Transportation Committee worked on the 2001 Primary Road Improvement Plan at their last meeting. He said the Committee's recommendations will be discussed at this evening's commission meeting. AMENDMENT OF AGENDA Mr. Evan Wyatt brought the Commission's attention to Item 45, Conditional Use Permit 403- 01 of Kitty B. Hockman and Kitty Hockman- Nicholas, and stated that this item has been postponed until the Commission's May 16, 2001 meeting. He also pointed out that VDOT has requested tabling of Item 48, Request for Extension of Water and Sewer Service Outside of the Sewer and Water Service Area for the Clearbrook Rest Stop on I -81. Mr. Wyatt explained that VDOT is interested in discussing a potential partnership with some people in that area and until these details are finalized, VDOT believes it is premature to come to the Commission to request the exception. 0 PUBLIC HEARINGS Rezoning Application #04 -01 of Winchester Equipment Company, submitted by Painter - Lewis, P.L.C., to rezone 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located adjacent to the dumpster site on North Frederick Pike (Rt. 522) and Indian Hollow Road (Rt. 679), across from the Virginia Farm Market, and is identified with P.I.N. 42 -A -188 and 42 -A -189 in the Gainesboro Magisterial District. Action - Recommended Approval with Proffers Chairman DeHaven announced that he would abstain from discussion and voting on this application due to a possible conflict of interest. At this point, Vice Chairman Thomas took over the conduction of the meeting. Mr. Eric Lawrence, Deputy Planning Director, read the background information and review agency comments. He gave a Corel presentation showing photographs of this particular site. Mr. Lawrence stated that the site is located outside of the County's Sewer and Water Service Area (SWSA); it is within the Rt. 37 West Land Use Plan; it contains a portion of the core battlefield area for Phase 6 of Second Winchester; it is within the defined boundaries for the Second Battle of Winchester Battlefield Apple Pie Ridge Historic District, which was determined eligible for the National Register of Historic Places; and is within the Albin • Frederick County Planning Commission Minutes of May 2, 2001 Page 655 -3- Rural Community Center area. • Mr. Lawrence stated that staff has identified several issues, based on comments from the reviewing agencies, involving impacts tothe transportation system, water and sewer service, historic resources, and adjoining properties. He said the applicant has submitted a proffer statement in an attempt to mitigate the issues identified by staff and it includes a list of allowable uses; limits on the height of communication towers; the establishment of an easement for a Civil War interpretive site; provisions for a buffer against agricultural lands; the reservation of an 80'-wide strip of land for a proposed major collector road; and a monetary contribution for fire and rescue services. Mr. Lawrence continued, stating that the development of commercial uses at this location would impact an existing residential land use along Thwaite Lane and the adjacent agricultural land due to the proximity of the site and could potentially have an impact to the viewshed associated with the Battle of Second Winchester. He said that the applicant has proffered the establishment of a buffer against the agricultural land, and will be required to implement a buffer against the residential land use. Mr. Lawrence next read a list of comments that staff believed could further mitigate identified impacts. Regarding this property's inclusion in the National Register of Historic Places, Commissioner Ours inquired if that request would have to be initiated by the property owner. Mr. Lawrence replied this was correct; he said that before the State could accept the property into the national register, the property owner would have to make the request and agree to be included. Mr. Lawrence added that an evaluation was already made and the State has verified that the property is eligible for the national register. Mr. John C. Lewis, P.E. with Painter - Lewis, PLC, the consulting engineers for the project, • was present to represent the applicant. Mr. Lewis began by reviewing the efforts by the owner to mitigate impacts projected by the Frederick County Historic Resources Advisory Board (HRAB). He made the following points: 1) the applicant did not wish to eliminate Parcel 42 -A -189 from the application because there may be some potential for future growth there; 2) the applicant has eliminated many of the undesirable uses permitted in B3 zoning through the proffers; 3) he presented a generalized site layout plan indicating that the applicant has exceeded all the setback requirements; 4) the owner has engaged the services of an architect to ensure the building is aesthetically pleasing and he presented a preliminary sketch; 5) roof - mounted equipment will be concealed by the existing various roof levels; 6) the applicant has proffered 25' inactive and 25' active buffers; however, no additional landscaping has been proffered; 7) the applicant has reserved a 13,000- square- foot area where a legitimate group could establish a Civil War Interpretive Easement along the southern property line on the ridge; this would present an ideal location from which to view West Fort, looking directly towards Rt. 37, where gun battery placements were set by Jubal Early; and 8) the applicant has proffered to provide access on the site plan from a parking area to the interpretive easement. Mr. Lewis next reviewed the efforts by the owner to mitigate impacts projected by the staff, as follows: 1) the generalized site development plan shows the building is located 200'- 250' -500' from the adjoining agricultural-lands; 2) the applicant has illustrated the interpretive easement on the generalized site development plan, however, the legal description could be provided at the time when a Civil War interest group works with the owner on the interpretive easement; 3) the proposed building is 28' in height, which is below the maximum •35' height requirement, and sits well below the ridge line; 4) the location proposed for. the interpretive easement would command a view of the events that occurred in this area during the Civil War; 5) the applicant will be adhering to the design standards mandated by the ordinance regarding lighting, signs, and • Frederick County Planning Commission Minutes of May 2, 2001 Page 656 -4- loading bays, etc. Mr. Douglas Rinker of Winchester Equipment Company and Mr. Lewis answered questions from the Commission. Questions from the Commission concerned whether or not the applicant intended to sell the adjoining smaller parcel after it was rezoned, where the equipment storage areas on the site were located, whether the submitted proffers covered both parcels, and the location and setbacks of any future buildings on the site. Vice Chairman Thomas commented that the applicant was providing an easement and interpretive site for a Civil War action that did not occur on the property proposed for rezoning. Mr. Lewis guessed that the Civil War battery was located approximately 200' from this site. Mr. Wyatt added that this particular property is located in the northwestern comer of the area identified by the National Park Service as the Core Area Phase 6 of the Second Battle of Winchester. to speak: Vice Chairman Thomas called for public comments and the following persons came forward Mr. Robert Solenberger, President of Fruit Hill Orchard and owner of the agricultural properties located to the south and east of the proposed rezoning, said that he was not opposed to the rezoning of the one larger parcel; however, he was opposed to rezoning the adjacent smaller parcel. Mr. Solenberger believed the proposal was "spot- zoning." He also did not believe the setbacks adjacent to agriculture -zoned property were large enough; he could not see the difference between residential and parking lot use as far as liability from orchard spray. • Mrs. Bessie Solenberger, Chairman of the Historic Resources Advisory Board, and an adjoining property owner, believed there should be additional landscaping and buffering placed to improve the viewshed from the East looking West. Mr. Light inquired of the Vice Chairman if the Commission might be able to vote on the two parcels separately. Mr. Light was concerned that rezoning the second, smaller parcel may be considered a "speculative zoning" and may create a precedent. Mr. Jay Cook, the Commission's legal counsel, agreed with the staff and the Vice Chairman that this is one application which includes two parcels of land, with the proffers applicable to both parcels; therefore, one action is required by the Commission. Commission members discussed whether or not the proposed rezoning could be considered a "spot- zoning." They concluded that it was not, especially because the main purpose of the proposed business is to support the agricultural area. Some Commissioners expressed concern that the setbacks may not be adequate; it was pointed out that in this particular situation, the ordinance requires only a 50' setback from the adjacent active orchard. Commissioners believed that the required setbacks within the ordinance needed future study. Members of the Commission believed that the applicant had successfully mitigated the impacts identified and had made efforts to satisfy the issues associated with the battlefield viewshed by providing easements for interpretive areas. Upon motion made by Mr. Kriz and seconded by Mr. Wilson, • Frederick County Planning Commission Minutes of May 2, 2001 Page 657 -5- BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend • approval of Rezoning Application #04 -01 of Winchester Equipment Company, submitted by Painter - Lewis, P.L.C., to rezone 23.39 acres (P.I.N.s 42 -A -188 and 42 -A -189) from RA (Rural Areas) to B3 (Industrial Transition), with the proffers presented by the applicant. (Note: Chairman DeHaven abstained from voting.) Conditional Use Permit #04-01 of David A. Kollar to re- establish a legally nonconforming use for a public garage. This property is located at 7341 Northwestern Pike and is identified with P.I.N. 27 -A -93 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Chairman DeHaven stated that he would abstain from discussion and voting on this item due to a possible conflict of interest. At this point, Vice Chairman Thomas conducted the meeting. Mr. Mark R. Cheran, Planner 1, read the background information and stated there were no adverse comments from any of the reviewing agencies. Mr. Cheran stated that this conditional use permit (CUP) application is the result of a zoning violation complaint for the operation of a public garage with a towing service. He explained that the property has been used as a gas station, repair garage, and equipment repair shop; all of these uses were established prior to November 1, 1973, when the Frederick County Zoning • Ordinance required a CUP for a public garage in the RA Zoning District. He said the applicant desires to re- establish a legally nonconforming use for a public garage on this property. Mr. Cheran read a list of recommended conditions, should the Planning Commission determine the use to be appropriate. Commission members inquired as to what caused the owner to lose the non - conforming status. Mr. Cheran replied that if the use is discontinued for more than one year, the nonconforming status is lost; he said that this operation ceased for a year and a half. The Commission also discussed the issue of signs. Mr. David A. Kollar, owner of this property on Northwestern Pike in Gore and also the owner of DK Industrial Services, located five miles east of the subject property on Northwestern Pike, stated that he could incorporate the six conditions into the lease with his tenant on the property. Mr. Kollar agreed to install the fencing; however, he said that because of the grade differential, a five foot fence would not protect the viewshed towards the property from Route 50. There were no public comments regarding the proposed CUP. The Commission discussed with Mr. Kollar the importance of protecting adjoining property owners from the impact of outdoor storage of vehicles or goods and other available alternatives to fencing. Commission members also discussed with Mr. Kollar his mobile home located to the east of the garage. Mr. Kollar stated that in the process of applying for his CUP, the Health Department required him to check the existing septic system and the distribution box. He said that he will be expanding the existing system to allow both the shop and the mobile home to be in compliance. The Commission amended staff's recommended Frederick County Planning Commission Minutes of May 2, 2001 Page 65E . Condition #4 by deleting the words, "with an opaque wooden fence," so that the applicant and staff could work together on alternative screening methods. Upon motion made by Mr. Unger and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 404 -01 of David A. Kollar to re- establish a legally nonconforming use for a public garage at 7341 Northwestern Pike with the following conditions: All review agency comments shall be complied with at all times. 2. All repair work shall be accomplished completely within the two -bay garage. 3. No more than five (5) vehicles awaiting repair shall be allowed. 4. No more than five (5) inoperable vehicles shall be allowed on the property at any one time. These vehicles shall be completely screened from view from adjoining properties and Route 50. 5. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not exceed four (4) square feet. 6. Any change of use or expansion of this business will require a new Conditional Use Permit. (Note: Chairman DeHaven abstained from voting.) Conditional Use Permit #05 -01 of the County of Frederick, Department of Fire and Rescue, for a telecommunications tower. This property is located in Shawneeland at the top of Timber Ridge Trail, between Elmwood Trail and Flamewood Trail, and is identified with P.I.N.s 491301 -123- 276/277/278/279 / and 49B03- 123 - 270/271/272/273 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Chairman DeHaven resumed the conduction of the meeting at this point. Mr. Eric R. Lawrence, Deputy Planning Director, read the background information and review agency comments. Mr. Lawrence said the applicant has proposed to build a 190 -foot lattice telecommunications facility on a 3.67 -acre site located atop Great North Mountain in the Shawneeland development. He explained that the County is experiencing communication difficulties with its existing equipment on a shared tower at Great North Mountain and they desire to construct their own tower to separate them from other frequencies. Mr. Lawrence added that the applicant has requested a waiver of the required setbacks in order to provide increased flexibility in the placement of the tower and has requested a waiver of the monopole • Frederick County Planning Commission Minutes of May 2, 2001 Page 655 -7- requirement in order to construct the lattice -type tower. Mr. Lawrence next read a list of conditions recommended by the staff, if the Commission determined the application to be appropriate. Mr. Gary A. DuBrueler, Director of Fire R Rescue Services, stated that construction of a lattice tower will save the County money; the monopole will cost approximately $50,000 versus approximately $10,000 for a lattice tower. He stated furthermore, there is considerable rock at the top of Great North Mountain and a monopole tower requires a large concrete base to maintain the pole; he said that a lattice tower with guide wires requires less drilling. Members of the Commission were concerned about the perceived credibility and precedence of establishing requirements for commercial telecommunication facility providers to adhere to when constructing towers in Frederick County and then to waive all of those standards when the applicant is Frederick County; therefore, Commissioners believed it was inappropriate to grant a waiver. Members of the Commission also discussed with Mr. DuBrueler his plans for securing the area. There were no public comments. Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit 405 -01 of the County of Frederick, Department of Fire and Rescue, for a telecommunications tower to be located at the top of Great North Mountain in Shawneeland, at the top of Timber Ridge Trail, between Elmwood Trail and Flamewood Trail, with the following conditions: • 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co- locating personal wireless service providers. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. All lots included in this request shall be consolidated into a single parcel. This conditional use permit was recommended for approval by the following majority voter YES (TO APPROVE) Watt, Unger, Morris, Light, Kriz, Triplett, DeHaven NO: Wilson, Thomas, Ours, Fisher 11 Frederick County Planning Commission Minutes of May 2, 2001 Page 66C -8- • Request for Extension of Water and Sewer Service Outside of the Sewer and Water Service Areas (SWSA) at the Pioneer Trailer Park, located on the west side of Hudson Hollow Road (Rt. 636) in the Opequon Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Planning Director, stated that Greenway Engineering has submitted a request on behalf of Mr. Linwood Ritter for the extension of public water and sewer service to Pioneer Trailer Park located on the west side of Hudson Hollow road (Rt. 636), approximately % mile south of the intersection with Fairfax Pike (Rt. 277); he said the site is zoned MH -1, it consists of 5.64 acres, and is situated approximately'' /2 mile south of the current Sewer and Water Service Area (SWSA) boundary. Mr. Wyatt said the Comprehensive Plans & Programs Subcommittee (CPPS) considered this request, for the extension of a two -inch sewer force main, from the Sherando Park property into this site. He said that the applicant explained to the CPPS that not only would this be a benefit to themselves, but the residents in the immediate area because it would eliminate the existing lagoon system which discharges across the Sherando Park property. Mr. Wyatt said the applicant has advised that the installation of public water and sewer lines and a pump station would require the addition of at least eight new mobile home units to offset the costs associated with this improvement. Mr. Wyatt also stated that the CPPS did not express concerns with the increase in residential units on this property, provided that it was accomplished through an approved development plan process and the infrastructure within Pioneer Trailer Park and Sherando Park was owned and operated by the Frederick County Sanitation Authority. • Mr. Mark Smith of Greenway Engineering, representing Mr. Linwood Ritter, the applicant, presented a consent order his client is under with the Department of Environmental Quality (DEQ) for the substandard lagoon system. Mr. Smith said that a lagoon closure plan will have to be prepared and submitted as part of the consent order. Mr. Thomas inquired as to the number of additional trailers Mr. Ritter could add with public water and sewer and still be in compliance with the zoning ordinance. Mr. Ritter believed he needed to add at least eight trailers to offset the expenses; however, the ordinance allows eight units per acre, which would total 44. Some commissioners were concerned about the possibility of numerous trailers being added after the approval to extend water and sewer. Mr. Unger asked what the expense to extend the water and sewer service would be to the County and Mr. Smith replied there will be no expense to the County; he said the expense will be home by Mr. Ritter. Mr. Wilson asked for a cost comparison between an on -site system and the SWSA extension request for eight additional. units. Although Mr. Smith believed the plant would be the greater expense because it would require maintenance, Mr. Ritter believed the cost would be about the same. There were no public comments. Commission members believed this request was a reasonable opportunity to clear up a long- 0 Frederick County Planning Commission,. Minutes of May 2, 2001 Page 661 standing problem the Commission has wrestled with over the years. They were very concerned about the substandard lagoon system discharging across the Sherando Park property. Other Commissioners said they could not support the request to extend outside of the SWSA because it was for residential use and they were concerned about the precedent it would create. There was also concern about the number of trailers that could be placed after the extension was granted. It was pointed out that all costs associated with the line extension and system installation would be bome by the applicant and not Frederick County. Upon motion made by Mr. Ours and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the extension of a two -inch sewer force main line and a two -inch water line from the existing lines within the Sherando Regional Park to serve Pioneer Trailer Park, which is located outside of the Sewer and Water Service Area. This recommendation for approval is conditioned upon the following: The Frederick County Parks and Recreation Commission agrees to the establishment of all necessary easements. The water and sewer infrastructure within Sherando Park and Pioneer Trailer Park is dedicated to the Frederick County Sanitation Authority (FCSA) for operation and maintenance. The applicant obtains all required design plan approvals from the FCSA and County Staff. The system is designed to only serve Sherando Park and Pioneer Trailer Park. 5. Any request to expand the size or capacity of this water and sewer system would require approval by • the Board of Supervisors. The vote was as follows: YES (TO APPROVE) Watt, Unger, Morris, Light, Thomas, Ours, Kriz, Fisher, Triplett NO: DeHaven, Wilson PRIMARY 2001 PRIMARY ROAD PLAN Mr. Evan Wyatt, Planning Director, presented the Draft 2001 Frederick County Primary Road Improvement Plan for review and recommendation. Mr. Wyatt said the plan has been slightly modified from the 2000 Frederick County Primary Road Improvement Plan, approved by the Board of Supervisors on March 8, 2000, in that project descriptions have been amended to jibe with locally- adopted long -range road improvement plans and to reflect current conditions. In addition, he said that the priorities associated with the Rt. 37 Eastern Bypass and Fairfax Pike have been modified. • Frederick County Planning Commission Minutes of May 2, 2001 Page 662 -10- Mr. Wyatt continued, stating that the Frederick County Transportation Committee considered • this plan during their April 18, 2001 meeting and believed it would be appropriate to footnote the Rt. 37 project to identify the need to begin the first phase of Rt. 277 prior to the build -out of Rt. 37. Furthermore, the Committee believed the 1 -81 priorities should be revised to reflect the funding plan that has been approved for the new bridge at Exit 323. There were no public comments. The Planning Commission considered the modifications made by the Transportation Committee and believed them to be appropriate. No other issues were raised. Upon motion made by Mr. Kriz and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the 2001 Primary Road Improvement Plan for Frederick County as presented by the Transportation Committee and does hereby unanimously recommend its approval to the Board of Supervisors. Revised Master Development Plan #01 -01 of Westminster - Canterbury, submitted by Greenway Engineering, for the addition of 23 cottage units. This property is located at 300 Westminster - Canterbury Drive and is identified with P.I.N. 53 -A -63A in the Gainesboro Magisterial District. • Action - Recommended Approval Mr. Eric R. Lawrence, Deputy Planning Director, stated that this plan is for a revision to the Westminster - Canterbury Master Development Plan and he proceeded to read the background information and review agency comments. He explained that the addition of 23 cottages are proposed for the northern part of the site; however, this modification includes the elimination of other apartment units and cottages on the master plan, resulting in a reduction of the number of total units on the property and a gross density of 3.73 units per acre. Mr. Lawrence stated that all proposed driveways should intersect at 90 degree intersections and additional landscape screen is recommended along the road next to Tudor Square. Mr. Mark Smith of Greemvay Engineering, the design engineers for the project, stated that he would indicate the area of screening on the plan as indicated by staff. There were no public comments. No issues of concern were raised by the Commission. Commissioners believed the overall concept of the plan was consistent with the Comprehensive Policy Plan and the requirements of the master development plan section of the zoning ordinance. Upon motion made by Mr. Thomas and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend • Frederick County Planning Commission Minutes of May 2, 2001 Page 663 -11- approval of Revised Master Development Plan #01 -01 of Westminster - Canterbury, submitted by Greenway Engineering, for the addition of 23 cottage units. OTHER CERTIFIED PLANNING COMMISSIONERS WORKSHOP Mr. Evan A. Wyatt, Planning Director, brought the Commission's attention to a handout, which was a copy of an Email he received from Commissioner Kriz, concerning a Certified Planning Commissioners Workshop that Mr. Kriz, Mr. Fisher, and Mr. Unger attended and believed was very worthwhile. Commissioner Kriz stated that Mr. Fisher, Mr. Unger, and he all agreed that one of the sessions entitled, "Development Strategies for Sensitive Lands - - -A Hands -On Workshop," was an outstanding topic; he said.that upon discussion with the presenters of the program, they would be willing to come to our area to conduct a workshop here. Commissioner Kriz believed it would be appropriate for Planning Commissioners, the Planning Staff, the Comprehensive Plan Committee, the Board of Supervisors, our counterparts in adjoining jurisdictions, and interested citizens groups. He then proceeded to explain a little about the workshop. Commissioners believed it would be a worthwhile endeavor and appropriate to arrange the • workshop. APPOINTMENTS TO CPPS & DRRS Chairman DeHaven appointed Commissioner Cordell Watt, Back Creek District representative, to the Development Review & Regulations Subcommittee and Commissioner Charles Triplett, Gainesboro District Representative, to the Comprehensive Plans and Programs Subcommittee. • Frederick County Planning Commission Minutes of May 2, 2001 Page 664 -12- • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:30 p.m. by unanimous vote. Respectfully submitted, Evan A. Wya , Secretary el -2 a) 4 Charles S. DeHaven, Jr., Chairman V • • Frederick County Planning Commission Minutes of May 2, 2001 Page 665