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PC_02-02-05_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 February 2, 2005 PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; Cordell Watt, Back Creek District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors' Liaison; David Shore, City of Winchester Liaison; and Lawrence R. Ambrogi Legal Counsel. ABSENT: George J. Kriz, Gainesboro District; John H. Light, Stonewall District; i STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning Administrator; Susan K. Eddy, Senior Planner; David M. Beniamino, Planner; Bernard Suchicital, Planner; and Renee' S. Arlotta, Clerk is CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. WELCOME NEW LIAISON FOR THE CITY OF WINCHESTER Chairman DeHaven welcomed the new liaison from the City of Winchester, Mr. David Shore. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 01/27/05 Mtg. Commissioner Thomas reported that the DRRS reviewed the SIC Codes for the M2 Zoning District and talked about whether anything should be added or removed. He said the DRRS also discussed agricultural setbacks in the UDA (Urban Development Area) and the RP (Residential Performance) District to make sure land is not being wasted by using buffers and setbacks. • Fredrick County Planning Commission Page 1450 Minutes of February 2, 2005 -2- 0 PUBLIC HEARING 2005 -2006 Capital Improvements Plan (CIP) for Frederick County. The CIP is a prioritized list of capital projects requested by various County departments and agencies, to be reviewed for potential allocation in the ensuing five -year period. The CIP is created as an informational document to assist in the development of the County's annual budget. The CIP is an advisory document;: projects are not necessarily funded because of their inclusion in the CIP. Action — Recommended Approval Senior Planner Susan K. Eddy presented the 2005 -2006 Capital Improve Tents Plan (CIP) for Frederick County. Planner Eddy said the proposed CIP includes 43 capital projects, 12 of which are new projects, including: five new projects from the public schools, including a fourth high school and fifth middle school; four new projects from the Department of Parks & Recreation, including an indoor swimming pool; two new projects from the Department of Public Works, including the expansion of the Greenwood Road Convenience Site and relocation of the Gainesboro Convenience Site; and a terminal building renovation at the Winchester Regional Airport. She said that all of the other projects in the 2005 -2006 CIP are carried forward from the 2004 -2005 CIP. She also presented a map indicating the approximate locations for the proposed projects. Ms. Eddy said the draft CIP was reviewed by the Comprehensive Plans & Programs Subcommittee (CPPS) at their meeting of November 8, 2004, and the CPPS agreed that all of the requests were in conformance with the Comprehensive Policy Plan; the CPPS forwarded the draft CIP to the Planning Commission • as a discussion item. She said that the Planning Commission considered the CIP as a discussion item at their meeting of December 15, 2004 and the consensus of the Commission was that the projects proposed within the CIP were in conformance with the Comprehensive Policy Plan; the Commission forwarded the draft CIP to the Board of Supervisors for discussion. Ms. Eddy stated that the Board of Supervisors considered the CIP as a discussion item at their meeting of January 12, 2005 and agreed to schedule public hearings. She said that members of the public spoke in support of an indoor swimming pool /aquatic facility at all three of these meetings. Chairman DeHaven called for public comment, however, no one came forward to speak. Commissioner Straub was pleased to see that the County was seeking park land in the eastern portion of Frederick County. Commissioner Straub commented that 60% of the residents of Frederick County are concentrated in this small area and she believed the park should be located near where the most people lived. She hoped there was a way to have the aquatic facility within the proposed park area. Commissioner Gochenour echoed Commissioner Straub's comments. Upon motion made by Conunissioner Morris and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 2005 -2006 Capital Improvements Plan (CIP) for Frederick County, which is a prioritized list of capital projects requested by various County departments and agencies, to be reviewed for potential allocation in the ensuing five -year period. • Fredrick County Planning Commission Page 1451 Minutes of February 2, 2005 -3- • Conditional Use Permit 901 -05 of Cingular Wireless —M &M LP, LLP for a telecommunication facility located at 3035 Cedar Creek Grade (Rt. 622). This property is identified with P.I.N. 61 -A -118 in the Back Creek District. Action — Recommended Approval with Conditions Zoning Administrator Mark R. Cheran read the background information and reviewing agencies' comments. Mr. Cheran added that the staff believes the application has adequately addressed the requirements of Section 165 -48.6 of the Frederick County Zoning Ordinance in that a need for this facility, based on a lack of coverage and capacity in this part of Frederick County, has been demonstrated. He further added that the applicant has modified his request with a reduction in the tower height from 200 feet to 120 feet. Mr. Cheran next read a list of recommended conditions, should the Commission find the use to be appropriate. Referring to the comments received from the Winchester Regional Airport, Commissioner Thomas asked for clarification on whether or not the tower is to be lighted. Mr. Cheran replied that lighting is not required under the height regulations because the proposed tower is below 200 feet. He said the Planning Commission has the authority to add a condition requiring the tower to be lighted, if the Commission believes it is appropriate. Commissioner Gochenour inquired about possible impacts to the Opequon Historic District. Mr. Carl Nelson, representing Cingular Wireless, stated that whenever they are attempting to locate a facility near a site that is on, or eligible to be on, the National Register of Historic Places, they are required to contact the governing body for the historic site, which in this case was the Opequon Historic District. As a result of those discussions and negotiations, the decision was made to lower the height of the tower to 120 feet and to replace the lattice structure with a monopole, to diminish visibility from the historic village. Mr. Nelson said that their negotiations with the Virginia Department of Historic Resources (VDHR) lead to this compromise and is actually the origin of the reduction in tower height. He added that the VDHR actually provided them with a letter stating there were no adverse affects. Commissioner Ours inquired if opportunities for collocation on other towers in the area had been explored. Mr. Nelson said that Cingular is not a tower company and their policy is to locate on existing facilities. He said that in this particular case, there simply wasn't anything available. He noted that the taller structures visible on the horizon from the Marker- Miller Orchards are simply too far away to enable penetration ofthetarget area they need to cover. Chainuan DeHaven called for public comments and the following person came forward to speak: Ms. Page Huffer, representing Shenandoah Personal Communications in Edinburg, was present to speak in support of Mr. Nelson's application. Ms. Huffer said that her company is currently negotiating with Cingular Wireless to place their cell antennas on this structure as well, so that they will not have to build an additional structure. Upon motion made by Commissioner Unger and seconded by Commissioner Straub, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommended approval of Conditional Use Permit #01 -05 of Cingular Wireless —M &M LP, LLP for a 120 -foot monopole, ® commercial telecommunication facility at 3035 Cedar Creek Grade (Rt. 622), with the following conditions: Fredrick County Planning Commission Page 1452 Minutes of February 2, 2005 ME . 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, then the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed and will be constructed in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center linfe of the base of the tower. I Revocation of Conditional Use Permit 930 -99 of Winchester Motor Service ( "The Van Man ") to operate a public garage without body repair at 2372 Berryville Pike (Rt. 7 East). This property is identified with P.I.N. 55 -A -102 in the Red Bud Magisterial District. is Action — Tabled for 90 Days Zoning Administrator Mark R. Cheran reported that the Board of Supervisors approved Conditional Use Permit 430 -99 for Winchester Motor Service on January 26, 2000, to operate a public garage without body repair at 2372 Berryville Pike (Rt. 7 East) with nine conditions. Mr. Cheran stated that the staff received a complaint regarding violations of the county ordinance at this property. He said the staff inspected the property on December 21, 2004 and noted the presence of tractor- trailers, debris, and tires on the property. He said that a letter of violation was issued, as well as a notice of revocation of the conditional use permit (CUP) for violations of the conditions. Corrunission members asked what specific conditions were in violation to cause the revocation and Mr. Cheran replied that the parking of tractor - trailers on the property was the source of the violation. Mr. Cheran explained that any CUP issued by Frederick County for a public garage, with or without body repair, is for privately -owned vehicles; the vehicles on this property were over -the -road vehicles, constituting a fleet maintenance facility, which is not allowed in the RA Zoning District. Commissioners inquired if the applicant knew she was in violation of her CUP and if she had responded to the violation notice she was given. Mr. Cheran replied that the owner is cleaning up the site; he said the owner was present to answer questions from the Commission. Ms. Shelia Beach, the property owner, said that with the help of her lawyer, the lessee is going to be evicted from her property for violating the lease agreement. Ms. Beach said that the lessee was very aware of not being allowed to operate anything other than the garage and office, which is specifically stated in the lease. She said that she has removed approximately $1,500 worth of tires in the previous two weeks. • Fredrick County Planning Commission Page 1453 Minutes of February 2, 2005 -5- ® Chairman DeHaven asked Mrs. Beach how much additional time she needed to bring the site into total compliance and Mrs. Beach replied she needed at least two more months. Commissioner Ours pointed out that this site has a history of similar concerns and it is in an area that everyone would like to see cleaned up. He asked Mrs. Beach if it was her intent, even though the current lessee is being evicted, to continue to operate the facility in the same manner. Mrs. Beach replied that she has a person interested in renting the garage specifically for mechanical use. Mrs. Beach said that she did not want to lose the CUP because it would affect her ability to generate income to remove the tires. Mrs. Beach said that she has photographs of the property showing the lot was cleaned up and all the salvage was removed. She said that her tenants have again left her with drums, tires, and other junk. Mrs. Beach said that her long -term plans were to clean up the property the best that she could, fill it in with soil, and then sell the property. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Michael Hopkins, an adjoining property owner, stated that the site is a "real mess" and an eyesore. He added that the property is adjacent to a historic site, a battlefield, and there is also a creek that runs through the middle of the property. He also reported an abandoned vehicle new the creek, four trailers, and he was certain there were chemicals on the property. Mr. Roger Harteau, an adjoining property owner, reported that the mechanic who leased the property was parking semi - trailers overnight and the trailers were left running throughout th i u night. Mr. Hartea said that if the CUP remains in place, the Board should validate the removal of the tires. ® Ms. Barbara Vance, adjoining property owner along Calvary Drive, said that she has been a resident here for over 11 years and these issues have continued to be an ongoing problem with this property. She commented that everyone was pleased to see the salvage yard removed because of the problems it created. Ms. Vance noted that Supervisor Lynda Tyler has photographs, taken by a neighbor, showing persons hitting a gas tank, held up by a forklift over a vat, with an ax to get the gas out. She said the gasoline was going into the soil. Ms. Vance was concerned about the long -term environmental affects this type of activity has had on the property and the creek. She also mentioned possible involvement by the Department of Environmental Quality (DEQ). She believed there would have to be considerable cleanup on the property before it could be sold. She said that she and her neighbors were concerned for the safety, the appearance, and for the long -term environmental affects of the property and they hoped the County would look into the situation. Mr. Bill Hamman, an adjoining property owner, said that for a number of weeks in December, it appeared that someone was living in one of the mobile homes; he observed new electrical lines and even a port-o- john. Mr. Hamman was not pleased with having a port-o -john next to his residence. He said the site was an eye- sore and needed to be cleaned up. He added that when the salvage yard was removed, they witnessed fluids from vehicles being emptied out onto the ground while they crushed the vehicles to remove them. He, too, was concerned about the long -term environmental affects on the stream and ultimately, the watershed. Mrs. Beach returned to the podium and said that she approached her tenant about the violations, but he would not take care of things. Ms. Beach said that when she inherited the property from her step - father, Mr. Loy, she removed approximately $3,700 worth of tires. She said the tires currently on the property are new. Mrs. Beach said she realized that she was responsible for the property and she is struggling to get the money to take care of the property. • Fredrick County Planning Commission Page 1454 Minutes of February 2, 2005 Im E Board of Supervisors Liaison, Barbara VanOsten, inquired about the contents of the drums; she was concerned about the possibility of chemicals. Commissioner Thomas asked Mrs. Beach about the remainder of the items on the property, such as the trailers and the drums. Mrs. Beach said she did not realize there was a problem with the two trailers because the property is zoned RA (Rural Areas) District and the trailers were not mentioned in any of the letters she received from the County. Mrs. Beach said that she spoke with the County's Recycling Coordinator, Ms. Gloria Puffrnberger, in August about removal of the drums. Commissioner Thomas said he agreed the area was an eye sore; howeve owner, Mrs. Beach, has good intentions of cleaning up the property. Commissioner Thom Commission give Mrs. Beach 90 days to clean up the property and then have the staff visi staff report. He said that if the property has been cleaned up and Mrs. Beach's CUP is allc staff should automatically visit the site in another six months to make sure the property properly. Commissioner Unger suggested that the Commission be more specific as 1 drums and the trailers. Commissioner Thomas said the contents of the drums will neec Zoning Administrator, Mark R. Cheran, stated that he could coordinate the inspection of 6 recycling coordinator or the fire marshal. Regarding the mobile home, Mr. Cheran stated mobile home was located on the property when this site was a salvage yard; he explained th a housing type that is permitted in this zoning district. Mr. Cheran said that he could arrar official to inspect the mobile home to determine if it is habitable. He said that if the PI believes it should be removed, it could certainly be added to the conditions. He recalled t home has been used as an office space since this CUP was issued. it seemed that the suggested that the the site and write a led to continue, the s being maintained the outcome of the to be investigated. site with either the hat the unoccupied the mobile home is ;e with the building nning Commission at the other mobile Commissioner Thomas requested that the staff arrange for either the DEQ or the County Engineer to conduct an assessment of whether or not the creek has been polluted. Chairman DeHaven requested that the staff also coordinate the site visit with the fire marshal and the building official to assess the drums and the mobile homes. Upon motion made by Commissioner Thomas and seconded by Commissioner Gochenour, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the Revocation of CUP #30 -99 of Winchester Motor Service ( "The Van Man ") for 90 days to allow the property owner time to clean up the site and to come into compliance with her conditional use permit; and, at the end of the 90 -day period, this CUP will come back to the Commission for action with a staff report containing an evaluation of site clean-up and CUP compliance. BE IT FURTHER RESOLVED, That if the owner is in compliance and the recommendation of the Commission is for the continuation of the CUP, the staff will automatically schedule an additional site visit in six months to verify that the property continues to be properly maintained and the owner remains in compliance. Fredrick County Planning Commission Page 1455 Minutes of February 2, 2005 -7- ® PUBLIC MEETING Master Development Plan 412 -04 for Easy Living Mobile Home Community, submitted by Valley Engineering - Surveying- Planning, for 41 mobile home dwelling units. The property is located on the west side of Martinsburg Pike (Rt. 11N), 600 feet north of Valley Pike (Rt. 11S) and Old Charlestown Road (Rt. 761). This property is identified with P.I.N.s 44 -1 -C, 44 -1 -D, and 44B -1 -3A in the Stonewall Magisterial District. Action — Recommended Approval with Waivers Planner David M. Beniamino reported that East Living Mobile Home Community is a master development plan for an additional 41 mobile home units on three existing MH1 (Mobile Home Community) parcels, totaling 11.642 acres. He said the property is located entirely within the Sewer and Water Service Area (SWSA). Mr. Beniamino stated that prior to administrative approval, it will be necessary, the applicant to provide an acceptable Category B buffer along the northern property line. In addition, he said that the applicant is requesting consideration of two waiver requests: the first request is a waiver to allow portions of a required riparian buffer to be located in the setbacks for 13 of the proposed 41 lots; the second request is a waiver to allow existing private streets to be extended into the new section in order to provide access to a state - maintained road. Mr. Beniamino next answered questions from the Commission. Commissibner Moms referred to the staffs recommendation that the walking trail should be eight feet in width; he said the;Parks & Recreation Department's standard was ten feet. Mr. Beniamino replied that the proposed trail through the park is not a part of the required recreational units; in addition, because the trail is located within the riparian buffer, it would not ® need to meet the same trail requirements, which would be ten -foot wide and paved. Commissioner Gochenour inquired if the applicant was seeking an additional entrance to Rt. 11. Mr. Beniamino replied that the waiver is to allow the continuation of private streets within the existing mobile home park; he noted there will not be another access to Rt. 11. Commissioner Thomas asked if the riparian buffer areas were included in the 100 -year storm map and Mr. Beniamino replied no. Commissioner Gochenour inquired if the applicant had intended to relocate portions of the intermittent stream. Mr. Beniamino replied that the only portion of the stream anticipated to be relocated is at the northern end of the site where a culvert Mll be provided under one of the roads; he said this is permitted under the zoning ordinance. Mr. Michael M. Artz, land surveyor with Artz and Associates, PLC, a subsidiary of Valley Engineering, PLC, was representing the applicant, Easy Living Associates. Commissioner Gochenour asked Mr. Artz about the water and sewer situation; she understood the park had public water, but not public sewer. Mr. Artz replied that the Sanitation Authority has provided initial approval to supply the new units with public water and sewer. He said the existing mobile homes are served by individual drainfield sites, which are functioning properly. He said there is no intention by the applicant, as of this time, to expand the sanitary sewer service to include the entire mobile home park. Mr. Artz explained that recently, the owners of the mobile home park participated in a cost - sharing program that helped to extend the sewer service to the new VDOT welcoming center. As part of that program, the owners received an opportunity to connect to the sewer service. • Fredrick County Planning Commission Page 1456 Minutes of February 2, 2005 • Regarding the roads, Mr. Artz explained that the existing internal roads will be upgraded and used to access the 40 new sites; he said that VDOT will address the entrance area during the site plan stage of development. Mr. Artz added that the new sites will leased, not sold. Chairman DeHaven called for public continent, however, no one came forward to speak. Commissioner Morris commented that it was common knowledge that housing within certain economic environments is difficult to acquire and he believed this proposal met a need within the community. Commissioner Morris moved to recommend approval of the master develc pment plan and the two requested waivers. This motion was seconded by Commissioner Thomas. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan 412 -04 for Easy Living Mobile Home Community, submitted by (Valley Engineering- Surveying- Planning, for 41 mobile home dwelling units with the following two waivers: 1) to allow portions of the required riparian buffer to be located in the setbacks for 13 of the proposed 41 lots; and 2) to allow existing private streets to be extended to the new, proposed section in order to provide access to a state - maintained road. This recommendation for approval was passed by the following majority vote: YES (TO APPROVE) Manuel, Triplett, Ours, Thomas, DeHaven, Morris, Unger, Watt, Straub NO: Gochenour • (Note: Commissioners Kriz and Light were absent from the meeting.) Chairman DeHaven expressed his hope that the owners of the property would continue to pursue converting the existing structures over to public water and sewer. He noted that since public water and sewer was now available, it would certainly be the most environmentally sound thing to do. CITIZENS PLANNING WORKSHOP On behalf of the Community Consensus Coalition (CCC), Commissioner Morris announced that next Thursday evening, February 10, 2005, at 7:00 p.m., there will be a citizens planning workshop, sponsored by the CCC, at the Winchester Medical Center's Conference Center. Commissioner Morris explained that the basic forum will address the subject of what guides land use decisions and an overview will be presented by the Virginia Citizens Planning Education Council (VCPEC). He said a panel, made up of Planning Commissioners from Winchester City, Frederick County, Clarke County, and Shenandoah County, will entertain questions from the audience. Commissioner Morris said the workshop will be very informative and it will be a great educational opportunity for anyone in the community who has an interest in planning. Fredrick County Planning Commission Page 1457 Minutes of February 2, 2005 • 2005 ANNUAL PLANNING COMMISSION RETREAT Planning Director Eric R. Lawrence reminded the Commission of the 2005 Annual Planning Commission Retreat on Saturday, February 5, 2005, at 9:00 a.m., at the Wayside Inn in Middletown. Mr. Lawrence said the doors will open at 8:30 a.m. and everyone is welcome to enjoy coffee and break=fast pastries and the retreat will start at 9:00 a.m. ADJOURNMENT No further business remained to be disc unanimous vote at 8:15 p.m. Fredrick County Planning Commission Page 1458 Minutes of February 2, 2005