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HomeMy WebLinkAboutPC_04-03-02_Meeting_MinutesMEETING MINUTES OF THE 0 FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on April 3, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; William C. Rosenberry, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Jay Cook, Legal Counsel and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Evan A. Wyatt, Planning Director, Eric R. Lawrence, Deputy Planning Director; Patrick Davenport, Zoning and Subdivision Administrator; Rebecca A. Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - FEBRUARY 6, 2002 AND FEBRUARY 20, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of February 6, 2002 were unanimously approved as presented. Upon motion madeby Commissioner Kriz and seconded by Commissioner Unger, the minutes of February 20, 2002 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 03/28/02 Planning Director Evan A. Wyatt reported that the DRRS discussed nonconforming use amendments and the immediate family member definition which pertains to family division lots in rural area Frederick County Planning Commission Minutes of April 3, 2002 Page 834 -2- 0 zoning districts. Historic Resources Advisory Board (HRAB) - 03/19102 Mtg. Commissioner Morris reported that the HRAB discussed and reviewed additional information provided by Dr. Beck of Shenandoah University regarding the Rutherford's Fann rezoning for a business and industrial park. Commissioner Morris said that after reviewing the additional information, the HRAB decided that they would not change the original reconunendation they had made for approval. Winchester Plamrine Commission (WPC) Mr. Vincent DiBenedetto said that he is encouraging members of the City Planning Commission to attend the Frederick County Pluming Commission meetings to observe. Mr. DiBenedetto introduced one of the members of the Citv Planning Conunission. Mr. Phil Weber. ® PUBLIC HEARINGS Conditional Use Permit 906 -02 of Floyd L. Lee for a restaurant, trading as, "Our Little Diner." This property is located at 3131 Front Royal Pike and is identified with P.I.N. 87 -A -66 in the Shawnee Magisterial District. Action - Recommended Approval with Conditions Planner Rebecca A. Ragsdale reported that the applicant is proposing to establish asmall diner in an existing one -story stricture of approximately 800 -900 square -feet in size. Planner Ragsdale said that the structure has been used as a restaurant in the past and has a seating capacity of 23, which the applicant does not intend to expand. She explained that the property is a 1.46 -acre nonconforming lot of record on which the restaurant structure does not meet current RA setback requirements. She reported that a brick residence and a mobile home are also located on the property, both of which the applicant plans to continue to rent. Planner Ragsdale pointed out that there are no designated parking spaces on the site at this time, however, the staff has recommnended a condition requiring a site plan to address the parking issue. She reported no disapproving agency comments and noted that the staff believed that reestablishing a restaurant at this location would not be inappropriate, if the parking issue could be resolved. Planner Ragsdale read a list of recommended conditions, should the Commission find the use to be appropriate. Conunissioner Thomas inquired if the Health Department evaluated the existing water well and septic system on a site visit or if they reviewed it as simply re- establishing a previous nonconforming use. U Frederick County Planning Commission Minutes of April 3, 2002 Page 835 _ 3 . Mr. Floyd L. Lee, the applicant, stated that they would comply with all the conditions of the permit. Mr. Lee said the nine parking spaces are now being drawn up for approval; the Fire Marshal has required a hood with a suppression system, which is on order. Mr. Lee said that both lie and his wife will be operating the restaurant and he described their considerable previous restaurant experience. Mr. Lee said the Health Department came out to the site to evaluate the water well and septic system and have said that everything was okay; lie was required to send in two water samples. speak: Chairman DeHaven called for public comments and the following person came forward to Ms. Kay Ritter, adjoining property owner, stated that her mother operated this restaurant for almost 52 years; she said that her mother was killed in a car accident in front of the restaurant in November of 2000. Ms. Ritter said that she and her brother would like to see the business continue, in her mother's memory, and she believed that Mr. and Mrs. Lee would be able to operate the restaurant in the same tradition as her mother. No other issues or concerns were raised by the Commission. They believed the use at this location was appropriate with the conditions recommended by the staff. Upon motion made by Commissioner Morris and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 06 -02 of Floyd L. Lee for a restaurant, trading as, "Our Little Diner," at 3131 Front Royal Pike with the following conditions: 1. Hours of operation shall be limited to between 5:00 a.m. and 9:00 p.m. 2. Only one business sign shall be permitted and limited to fifty (50) square -feet in size, and fifteen (15) feet in height. 3. No additional dwellings shall be permitted on the property. 4. All review agency comments shall be complied with at all times. 5. An engineered site plan shall be approved by the County. All improvements shall be installed prior to operation of the restaurant. These improvements shall include a minimum of nine (9) parking spaces which shall be located to ensure vehicles do not back onto Front Royal Pike or adjoining properties. 6. Any expansion or change of use will require a new Conditional Use Permit (CUP). Frederick County Planning Commission Minutes of April 3, 2002 Page 836 4- Conditional Use Permit 907 -02 of Charles G. Lloyd for a Cottage Occupation for custom furniture and repair. This property is located at 240 Gough Road and is identified with P.I.N. 60 -A -40B in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Planner Rebecca A. Ragsdale stated that the applicant is proposing a custom -built furniture and furniture repair business utilizing an existing accessory structure as a workshop. She reported that the custom furniture would be handmade; there would be little equipment or chemicals involved in the production or repair of the furniture; there will be no employees; and the applicant does not intend to have customers to the property. Planner Ragsdale advised there were no disapproving agency review comments. She read a list of recorrancnded conditions, should the Commission determine the use to be appropriate. The Commission had some discussion concerning what would constitute a change of use or expansion of use that would require the applicant to apply for a new conditional use permit. Commissioner Unger said he visited the site and did not see a problem with people dropping off or picking up furniture. Staff noted that the intent is to limit a retail sales establishment; staff explained that the permit would not prohibit someone from dropping off or picking up finniture, but it would prohibit someone going there to shop. Mr. Charles G. Lloyd, the applicant, was present to answer questions from the Conunission. There were no public comments. No other issues of concern were raised by the Commission. Members of the Commission believed the use was appropriate at this location with the conditions recommended by the staff with a modification to Condition #3 to include the phrase, "...outside of the definition of a cottage occupation...' Upon motion made by Commissioner Unger and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 407 -02 of Charles G. Lloyd for a Cottage Occupation for custom furniture and repair at 240 Gough Road with the following conditions: All review agency comments shall be complied with at all times. On -site retail sales shall be prohibited. One business sign no larger than four (4) square feet in size shall be permitted. Any change of use or expansion of this use outside the definition of a cottage occupation will require a new Conditional Use Permit. Frederick County Planning Commission Minutes of April 3, 2002 Page 837 -5- Conditional Use Permit 908 -02 of Kim A. Nail for an expansion of Conditional Use Permit 001 -92, Nail's Archery Shop, to include an outdoor archery range. This property is located at 307 Whitetail Lane and is identified with P.I.N. 19 -A -27A in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Plainer Rebecca A. Ragsdale reported that this application is to modify a previously- approved conditional use permit for retail archery sales (CUP 4001 -92) to include an outdoor archery range. She explained that the applicant currently operates an approved retail shop selling archery equipment which is located in an accessory building adjacent to the applicant's residence. Plainer Ragsdale explained that the proposed archery course would be located on wooded portions of the 20 -acre parcel and the applicant has designed the course with safety in mind. She said that no new structure would be built in association with the archery course; she said the applicant proposes to have the course open one day a week, usually Sundays. Planner Ragsdale stated there were no disapproving review agency comments, however, the fire marshal would like to have a 14.5 -foot vertical clearance maintained over the width of the roadway for emergency vehicles and VDOT has required a modified commercial entrance onto Whitetail Lane off of Rt. 522. Plainer Ragsdale said that staff believes the proposed use would not adversely affect adjoining properties and she read a list of recommended conditions, should the Commission find the use to be appropriate. Mr. Kim A. Nail, the applicant, explained that this will be a safe, fun sport for the whole • family; it consists of life -size foam targets set up on cleared paths. Commissioner Thomas inquired about VDOT's requirement for a convnercial entrance at Whitetail Lane and Rt. 522. Planning Director Evan A. Wyatt commented that Mr. Nail's property has no road frontage on Rt. 522 and research of the subdivision indicates there is a 60' right -of -way (Whitetail Lane) which starts at an intersection point with Rt. 522 and runs through these properties to serve the individual residential lots within Mr. Nail's subdivision. Director Wyatt said that staff consulted with the County Attorney's Office and VDOT; he learned that VDOT's intention was not to have Mr. Nail put in a commercial entrance off Whitetail Lane into his property, but to upgrade the existing intersection point with Whitetail Lane and Rt. 522. Director Wyatt was concerned because this was not a dedicated right -of -way to any county or state agency and, before Mr. Nail could improve that intersection point, the would need concurrence from each and every lot owner who owns property off of this 60' right -of -way. Director Wyatt advised that VDOT understood the constraints; however, they still wanted to go on record that this intersection point is potentially a substandard issue and they want to insure the safety of the traveling public Commissioners consulted with their legal counsel concerning any possible liability issue, if improvements were not made on Rt. 522 at Whitetail Lane and an accident occurred. Mr. Jay Cook, legal counsel, believed no liability issue would result; he said the Commission has considered VDOT's comment and will make a determination as to what the Commission believes is reasonable in this particular circumstance. Chairman DeHaven called for public continents, however, no one was present to speak. I Frederick County Planning Commission Minutes of April 3, 2002 Page 838 6- Conunission members questioned whether it was equitable to ask only one of the property owners to upgrade the entrance, particularly when only 30 -40 vehicle trips per week were anticipated. They questioned the equitability of requiring Mr. Nail to make an off -site improvement, they also noted that Mr. Nail is currently operating a retail shop. Upon motion made by Commissioner Triplett and seconded by Commissioner Fisher, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 408 -02 of Kim A. Nail for an expansion of an existing conditional use permit for Nail's Archery Shop to include an outdoor archery range at 307 Whitetail Lane with the following conditions: I. The Fire Marshal's conmrent shall.be complied with at all times. 2. No parking sliall be allowed on Whitetail Lane. 3. The off - premises business sign must be maintained in accordance with the requirements of the Frederick County Zoning Ordinance and the Virginia Department of Transportation. 4. Any expansion or change of use will require a new Conditional Use Permit (CUP). ®- Request to expand the Sewer and Water Service Area (SWSA) to incorporate a 57.87 -acre site owned by Kathryn M. Perry and identified with P.I.N. 65 -A -116, zoned B2 (Business General) District. This property is located on Millwood Pike (Rt. 50E), north of the Westview Business Center, in the Shawnee Magisterial District. A small portion of the property is currently in the SWSA. Action - Recommended Approval Deputy Planning Director Eric R. Lawrence stated that the Plarming Commission and the Board of Supervisors have both reviewed this request in a discussion about a month ago and following the Board's discussion, the staff was directed to schedule the Sewer and Water Service Area (SWSA) request for a public hearing. Recapping the request, Deputy Director Lawrence stated that Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc. is representing the request for expansion of the SWSA to incorporate a 57.87 -acre parcel, a small portion (approx. four acres) ofwhich is currently within the SWSA. He conunented that the site, which is zoned B2 (Business General) is included in the Rt. 50 East Corridor Land Use Plan, which identifies this site for commercial use. Deputy Director Lawrence added that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request during their meeting on February 11, 2002 and, based on the site's present B2 District zoning and its proximity to other commercial and industrial uses, believed it would be appropriate to include the site in the County's SWSA. Commissioner Thomas noted that proposed Rt. 37 would go down the eastern side of this property. Deputy Director Lawrence agreed, stating that Rt. 37 Alternative C would traverse down the eastern side of the property and is actually partially located within this property. Frederick County Planning Conunission Minutes of April 3, 2002 Page 839 -7 Commissioner Rosenberry commented that when this item was discussed by the Board of Supervisors, the intended use was for a school. Deputy Director Lawrence replied that the initial request was for a school site, however, it was his understanding that the school is no longer interested in this site. Deputy Director Lawrence said that based on the reviews, the zoning and location of the property, the applicant still believes the property is appropriate to be included within the SWSA. Conunissioner Rosenberry stated that the Rt. 50 East Corridor Plan includes this property within the SWSA, however, the property is not within the Urban Development Area (UDA). Deputy Director Lawrence replied that the UDA is intended for high- intensity residential uses, not commercial. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., stated that he previously represented this application for Katherine Perry back in 1991; a number of subcommittee and public hearings were held; and an enviromnental impact statement was included. Mr. Maddox detailed for the Commission how the sewage from the site would be conveyed, which was included as Item 92, Sewage Conveyance and Treatment Impacts, of the Environmental Impact Statement, and he also detailed the conveyance of the water, which was included as Item 43, Water Supply hnpacts, of the Environmental Impact Statement. Chairman DeHaven called for public comments, but no one was present to speak. Conmussion members believed that the alternative to the SWSA expansion was fertile owners to drill water wells and install a package plant to support by -right B2 industrN; they believed this was not an acceptable alternative. Other Conunissioncrs believed any decision on this property should be postponed until a determination was made on the Rt. 37 extension and until the County's situation with regard to water and ® sewer availability was further considered. Although Commission members had concerns about Rt. 37 partially intersecting this property, they did not believe it was appropriate to postpone a decision, since this parcel was already zoned B2. Upon motion made by Commissioner Light and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the request to expand the Sewer and Water Service Area by incorporating a 57.87 -acre site, zoned B2, owned by Kathryn M. Perry, and identified by P.I.N. 65 -A -1 16, in the Shawnee Magisterial District. This reconunendation of approval was made by the following majority vote; YES (TO APPROVE THE REQUEST) Triplett, Fisher, Kriz, Ours, Thomas, Light, Morris, Watt, Unger NO: Rosenberry, DeHaven, Gochenour, Straub Waiver request of Glen W. Russell, submitted by Mr. Edwin Yost, for an exception to the Frederick County Subdivision Ordinance, Chapter 144- 17G(1), regarding cul -de -sac length requirements. The property is identified with P.I.N. 43 -A -16 in the Stonewall Magisterial District. Frederick County Planning Commission Minutes of April 3, 2002 Page 840 - 8 - Action - Approved Zoning and Subdivision Administrator, Patrick T. Davenport, stated that staff had received a request from Edwin B. Yost of Kuykendall, Johnston, McKee and Butler, P.L.C., on behalf of Mr. Glen W. Russell, the contract purchaser of approximately 81.07 acres zoned RA, who is proposing a rural preservation subdivision containing 16 cluster lots and a 40 -acre remaining rural preservation lot on a cul -de -sac of 2,400 feet. Administrator Davenport advised that the proposed subdivision layout is possible only with a waiver to the minimum cul -de -sac length requirement, which is 1,000 feet. He added that the applicant's representative has indicated that the irregular shape of the parcel does not allow for the practical development of a loop road, nor is a continuation of the proposed road possible due to the existing development of the adjoining property. One of the Commission members inquired as to how the 1,000 -foot maximum cul -de -sac length requirement was established. Commissioner Thomas replied that the maximum length limit on cul -de- sacs was a conscious decision established because the frequent use of cul -de -sacs result in an inefficient, inoperable transportation system, he added that cul-de-sacs also create safety concerns because the lots served are limited to one access and it creates difficulty in the maintenance of snow removal and school bus travel. Director Wyatt added that mvhen the Subdivision Dcsign Standards were originally drafted in 1991, more emphasis was placed on the designs within an RP -type environment. Director Wyatt said that many of the standards of the Subdivision Ordinance itself are RP standards; for example, regarding the 1,000 -foot limit on the cul -de -sac length, the other half of that standard is, "the street shall serve no more than 25 lots." He explained that normally, when you plat out a 15,000- square -foot lot, which is traditionally the largest lot available in the RP District, the math on 80 -foot frontages, with ten lots on each side of the road, is 800 feet up the cul -de -sac and then from that point around the cul -de -sac generally adds up to the 25 lots, which is where the 1,000 -foot determination came into play. Director Wyatt believed the strict application of this ®- standard is not necessarily conducive to an RA residential subdivision design; however, since the standard was established, the Commission, from time to time over the years, has had these requests come before them. He further added that in this particular case, the shape of the parcel just doesn't lend itself to anything else. Conunissioner Morris commented that sometimes the lots in rural areas are so narrow, they cannot be acconumodated in any other way but by the use of a cul -de -sac. He said that being too restrictive results in houses being clustered to the front with many access points on the main road. Commissioner Morris said that he much preferred one cul -de -sac entrance onto the main road rather than multiple entrances. He conunented that the rural areas present some uniqueness as compared to RP. Mr. David Furstenau, surveyor of the property, stated that with 200- foot -wide lots, a 1,000 - foot cul -de -sac will only serve five lots; therefore, it makes the cost of the road prohibitive to the cost of the development. Mr. Furstenau said that they have met with Mr. Steve Melnikoff of VDOT and lie determined there was only one point of access on Glendobbin Road for this proposed development. Chainuan DeHaven called for public comments, but no one was present to speak. Chairman DeHaven raised the issue of the ordinance requiring state road frontage for subdivisions over three lots and permitting the preservation lot with a by -right residential use to be left with aprivateaccess. He questioned the scenario of an individual purchasing the parcel with the understanding they have a by -right use to build and then they discover the state road frontage requirement; he believed this was a fault in the ordinance. Chairman DeHaven was also concerned about the proximity of the proposed LI Frederick County Planning Commission Minutes of April 3, 2002 Page 841 9- residential lots to the Lenoir City industrial development; he said that Mr. Gilpin has also expressed concerns about the buffering requirements. Chairman DcHaven said that Mr. Gilpin does not believe it is equitable to require him, at this point in time since his industrial park is already established, to install buffering. Chaimnan DeHaven believed there should be a restrictive statement on the plats and deeds indicating the proximity of the M2 -zoned land. Upon motion made by Commissioner Light and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby grant the waiver request ofGlen W. Russell, submitted by Edwin Yost, for an exception to the Frederick County Subdivision Ordinance, Chapter 144- 17G(1), to exceed the 1,000 -foot cul -de -sac length requirement. The proposed rural preservation subdivision, containing 16 cluster lots and a 40 -acre remaining rural preservation parcel, will be served by a 2,400 -foot cul -de -sac. A statement will be included on the plats and deeds alerting potential future purchasers of the state road requirements for the preservation parcel and also, the proximity of the lots to M2 -zoned land. The vote on this decision was as follows: YES (TO APPROVE THE WAIVER) Straub, Watt, Unger, Morris, Light, Triplett, DeHaven NO: Thomas, Ours, Kriz, Fisher, Roseuberry ABSTAIN Gochenour • OTHER LETTER IN SUPPORT OF ROUTE 37 Commissioner Light stated that in view of the current situation with Rt. 37 and the Commission's previous history of endorsing Rt. 37 through the Primary Road Improvement Plan, he has composed a letter to the Virginia Department of Transportation indicating the Planning Commission's support of the Rt. 37 project. Commissioner Light asked if the subject of whether this could be an on- record resolution or a voluntary endorsement by individual commissioners could be open to discussion. Chairman DeHaven did not believe formal action on this item by the Commission was appropriate. He advised that the Commission's role was to provide the Board of Supervisors with advice on items they have requested advice on. Chairman DcHaven believed it was everyone's responsibility, as caring citizens of the conm Unity, to be involved and share views with the individuals that will make decisions about these issues. It was pointed out by some members of the Commission that the Commission's discussion and action on the Primary Road Plan, which included Rt. 37, is officially recorded in the minutes of March 6, 2002 and they believed no other action was necessary. After some further discussion by members of the Commission, it was decided that those Commissioners who were interested in signing the letter could do so after the meeting, however, there would be no formal action of the Commission as a whole. Frederick County Planning Commission Minutes of April 3, 2002 Page 842 - to- STAR SOLUTIONS LETTER Chairman DeHaven presented copies of a letter he received from Mr. Rick Volk of Koch Performance Roads, Inc. regarding the Star Solutions' proposal for the expansion of 1 -81. It was indicated in the letter that members of their team would be interested in giving a brief presentation to the Commission. The Conunission requested that the staff contact representatives of the group and arrange for them to give a presentation to the Commission as soon as reasonably possible. ADJOURNMENT No further business remained to be discussed and the meeting adjourned by a unanimous vote. Respectfully submitted, Evan A. Wyatt Sccretary Charles S. DeHaven, Jr.. Chairman Frederick County Planning Commission Minutes of April 3, 2002 Page 843