Loading...
PC_07-19-06_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 July 19, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Gary R. Oates, Stonewall District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; Barbara Van Osten, Board of Supervisors Liaison; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: H. Paige Manuel, Member -At- Large; and David Shore, City of Winchester Liaison; STAFF PRESENT: Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Planner II; Kevin T. Henry, Planning Technician; and Renee' S. Arlotta, Clerk. is CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Kerr, the minutes of June 7, 2006 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 07/10/06 Mtg. Commissioner Light reported that the CPPS reviewed Comprehensive Policy Plan Amendments for the upcoming year. He said there were two that were going to be sent forward to the Board of Supervisors. • Frederick County Planning Commission Page 1803 Minutes of July 19, 2006 -z- 0 Historic Resources Advisory Board (HRAB) — 07/18/06 Mtg. Commissioner Oates reported that the HRAB discussed three items. The first item was a rezoning at Woodside Commercial Center in Clearbrook, which was recommended for approval. The second item was a down - zoning at Rock Harbor Golf Course to expand the golf course and was recommended for approval. The third item was a request to include a farmhouse in the Brookneill subdivision within the Historic Plaque Program. Sanitation Authority (SA) — 07/18/06 Mtg. Commissioner Unger reported that rainfall for the month of June was seven inches, which is about double the usual amount. He reported plant operation at approximately one mgd more than normal with all of the rainfall, and all sewage went through the plant. Commissioner Unger added that the water supply was up during the month about one mgd, which is normal for hot weather. He said the City and the County are replacing filters in some of the lines; he explained that when the filters get bogged down, it reduces flow. Commissioner Unger said samples were taken throughout the County for lead and copper; all 51 samples were satisfactory. He also reported that the SA is working with two disgruntled customers who paid dues for sewer hook -ups, but didn't • get their lines installed in time. Conservation Easement Authority (CEA) Commissioner Light reported that the CEA had a joint meeting with Clarke County CEA. He said the two groups met with Faye Cooper, Conservation Easement Specialist with the Virginia Outdoors Foundation, on ways the groups could work together. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC HEARING • Conditional Use Permit 04 -06 of Andrew Datt and Paul Anderson for a 150 -foot telecommunications facility at 1009 Germany Road (Rt. 625). This property is identified with P.I.N. 73 -A -100 in the Back Creek Magisterial District. Frederick County Planning Commission Page 1804 Minutes of July 19, 2006 -3- • Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported that the proposed 150 -foot monopole -type commercial telecommunications facility is located outside of the Urban Development Area (UDA) and it does not appear there will be a significant impact on the surrounding residential properties. Mr. Cheran stated that applications for commercial telecommunications facilities must provide an inventory of existing facilities in the area and staff would concur with the applicant that there are no existing facilities or appropriate structures available for collocation in this general area. He added that a minor site plan will be required for the monopole and the location of an 11.6 -foot by 20 -foot equipment shelter, as well as lighting on the tower. In conclusion, Mr. Cheran said the application for this facility 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 lack of coverage and capacity in this part of the County, has been demonstrated. He then read a list of recommended conditions, should the Commission find the application appropriate. Conunissioner Morris asked the staff if the applicant of a conditional use permit must be the owner of the property, or could it be someone else. Mr. Cheran replied that it could be someone else. Ms. Shannon O'Conner, a representative for Cingular Wireless, came forward to answer questions from the Commission. Commissioner Unger asked the applicant about the possibility of using an existing facility located back towards Winchester about one mile, along Middle Road. Ms. O'Conner deferred the question to her • engineer. Mr. Hershell Dailey, an Engineer for Cingular Wireless, said that based on the terrain in this area, the tower suggested would not meet their coverage objectives. Using a display, Mr. Dailey pointed out the coverage area of existing nearby sites and the coverage area of the site Cingular Wireless was proposing along Germany Road. He said that if they were to move back towards Winchester one mile, they would be too close to an existing site and would not get the coverage they needed in their target area. Commissioner Triplett asked the applicants if Cingular Wireless will be the only service provider at this location. Ms. O'Conner replied no; she said there is ability to collocate with two other providers. She said the tower height is 150 feet and the other providers would be at 140 feet and 130 feet. Mr. Paul Anderson, the property owner, said that with the County trying to slow growth in the rural areas, this tower will generate the income he and his wife need to keep their farm intact. He said the property consists of 100 acres and is good farm land; he said they would like to keep this land, so they can pass it on to their sons. He mentioned relatives who own most of the adjoining properties. Chairman Wilmot called for public comments on this application and the following persons came forward to speak: Mr. Arthur L. Ewing, an adjoining property owner at 1086 Germany Road, said that he has lived at this location for 61 years. Mr. Ewing talked about an incident that occurred four years ago on the Anderson property, involving Mr. Anderson trucking human waste onto his fields. Mr. Ewing said it made him sick and he did not want something like that to occur again. Mr. Ewing wanted to know what affect this tower would have on • lightning strikes in the area and what affect would it have on the neighbors' televisions or other appliances. Mr. Ewing thought this was a poor area to construct public facilities and he was opposed to granting the application. Frederick County Planning Commission Page 1805 Minutes of July 19, 2006 • Mr. Dudley Rinker, Back Creek District, said he was an adjoining land owner representing Rinker Orchards and Rinker properties. Mr. Rinker said he did not have a problem with the tower. He commented about dead spots in this area where there is no phone service. He said service was needed in this area and he supported the application. Ms. O'Conner came back to the podium to address some of the comments. She said the tower will have a seven -foot lightning rod on top. She said the maintenance for the tower will only be once a month, so in terms of impacts on traffic, it will be minimal. Ms. O'Conner said the service to the area includes Riding Hill, Marlboro Road, Stephens City, and Middletown. Chairman Wilmot next closed the public comment portion of the meeting. No other issues were raised by the Commission. Upon motion made by Commissioner Unger and seconded by Commissioner Watt, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 404 -06 of Andrew Datt and Paul Anderson for a 150 -foot telecommunications facility at 1009 Germany Road (Rt. 625) with the following conditions: 1. The tower will be of monopole -type, not to exceed 150 feet in height. 2. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. • 3. The tower shall be available for collocating personal wireless service providers. 4. A minor site plan shall be approved by Frederick County. 5. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 6. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, then the conditional use permit will be deemed invalid. 7. 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 line of the base of the tower. (Note: Commissioner Manuel was absent from the meeting.) Conditional Use Permit #05 -06 of Hilltop House, submitted by Painter- Lewis, PLC, for an adult care facility at 111 Denny Lane, off Route 7. The property is identified with P.I.N. 5513-A -6 in the Stonewall Magisterial District. • Action — Recommended Approval with Conditions Frederick County Planning Commission Page 1806 Minutes of July 19, 2006 -5- • Planner Kevin T. Henry reported that the proposed conditional use permit (CUP) is for an adult care facility which is currently operating as a 74 -bed adult care facility under CUP #03 -93. Mr. Henry said the proposed additional operation will take place to the east of the existing facility, and is proposed to have 68 beds, for a total of 142 beds, and create a total of 56 parking spaces for the entire site. He added that a site plan will be required to insure all issues associated with this use are adequately addressed. Mr. Henry next read a list of recommended conditions, should the Commission find this use to be appropriate. Commissioner Thomas inquired which zoning district allows this type of facility as a permitted use. Mr. Henry replied this is an allowed use by right in the B2 (Business General) District. He added that the use was only permitted in the RP (Residential Performance) District with a CUP. Mr. Scott Smith, the Administrator at Hilltop House, explained that this was a family -owned business which began in 1988. Mr. Smith said over time, they have consolidated four properties for their facility and this will be their fourth structural addition to the facility. Commissioner Morris said this was certainly a needed use and was appropriate; however, he was interested why the applicant would pursue conditional use permits, as opposed to rezoning the property. Mr. Smith said this was just the way it was handled many years ago. Mr. Smith said the Comprehensive Policy Plan indicates that all of this land along Route 7 is appropriate for B2 (Business General). Mr. Henry added that these properties were originally zoned B2 in 1967; however, during the Comprehensive Downzoning in the 1980's, it was changed to RP. Chairman Wilmot next opened the public hearing for citizen comments. • Mr. Michael Whitt, a resident at 1803 Berryville Pike, said his father spoke with the Planning Staff and he spoke with the applicant, Mr. Smith, concerning an issue they have with the driveway entrance spacing on Route 7. Mr. Whitt said he believed the minimum spacing between commercial entrances was 200 feet, which is not met between his driveway and the Hilltop House's new driveway. He explained that Mr. Smith had consolidated some RP and B2 properties through there and plans to use the existing entrance that belonged to the old Shenandoah Computers. Mr. Whitt said that because of the minimum spacing requirements for commercial entrances, his property may be landlocked, if he decided to rezone his property for business. Mr. Henry said the distance requirement between driveways is 150 feet along Route 7. He stated that the existing driveway proposed for this use is grandfathered, so the distance requirement does not have to be adhered to. In addition, Mr. Henry said VDOT has approved the entrance driveway for this site. Mr. Henry said that Mr. Whitt's property is zoned RP (Residential Performance) District and has an existing driveway accessing the existing dwelling. Mr. Henry said the staff can not speculate requirements on the basis that Mr. Whitt may rezone his property sometime in the future. Commissioner Oates asked Mr. Smith if he would consider an inter -parcel connector so if the neighbor were to rezone, he could access Route 7 via Mr. Smith's driveway. Mr. Smith replied it would not be practical because their proposed building will be constructed along the full length of the property and will not leave enough room for a driveway. Chairman Wilmot next closed the public comment portion of the meeting. Commissioner Thomas said this was a good project and the location was appropriate; however, he strongly believed the property should be rezoned and not handled with CUPs; he believed it was a misuse of • the CUP and the County was essentially rezoning the property through CUPS. Frederick County Planning Commission Page 1807 Minutes of July 19, 2006 • There was no further discussion by the Commission. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit 405 -06 of Hilltop House, submitted by Painter - Lewis, PLC, for an adult care facility at 111 Denny Lane, off Route 7, with the following conditions: 1. All review agency comments will be addressed and complied with as required. 2. All federal, state, and local regulations applicable to adult care facilities will be complied with at all times. 3. A site plan shall be submitted and receive approval prior to construction on the site. 4. The entrance onto Route 7 will strictly be a single right -in/ right -out driveway. The majority vote was as follows: YES (TO APROVE) Unger, Watt, Morris, Oates, Light, Ours, Kriz, Triplett, Kerr, Mohn, Wilmot NO: Thomas . (Commissioner Manuel was absent from the meeting.) PUBLIC MEETING Waiver Request of Judith ShifFlett, submitted by Artz & Asociates, PLC, for an exception to Chapter 144 (Subdivision Ordinance), Article V, Design Standards, Section 144 -24B, Lot Requirements; and Chapter 165, (Zoning Ordinance), Article VI, RP (Residential Performance) District, Sections 165-65(B)3,165- 65(D)5, and 165- 65(D)6 for a boundary line adjustment and consolidation of three parcels. The properties are located 1,500 -feet north of the intersection of Lauck Drive and Route 522. The property is further identified with P.I.N.s 53A -A -36 and 53A -A -37 in the Stonewall Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the parcels were created prior to Frederick County adopting zoning in 1967. He said there was no record of a master development plan or a subdivision design plan for these lots. Mr. Cheran said the Frederick County Code, Chapter 144, Subdivision of Land, requires that any new parcels created must meet the requirements of Chapter 165, Zoning; this chapter addresses lot area, minimum lot width and setbacks, and other dimensional requirements. He said the applicant has sought an exception from these requirements, as the adjacent properties are of similar size and do not have these identified factors, and are comparable in lot size. He said the applicant is seeking an exception from the lot requirements of Section 144 -24B of the Code. • Frederick County Planning Commission Page 1808 Minutes of July 19, 2006 -7- . Mr. Cheran stated that the two newly established parcels will be 10,000 square feet and 22,807 square feet, and created through land actions of a boundary line adjustment and consolidation. He said the parcels would be consistent with the dimensional requirements and lot sizes of the adjacent lots within this established neighborhood. Mr. Cheran noted that access to the proposed lots will be via Lauck Drive (Rt. 832). He added that staff is seeking administrative approval authority. Mr. Michael M. Artz, L.S., with Artz & Associates, P.L.C., came forward to represent the property owners, Carole K. Lineburg and Judith K. Shifflett, Mr. Artz explained that this is a situation where two sisters own three parcels of land, their mother and one of the sisters live in the existing dwelling, and the other sister and her husband want to build a house on part of the property so they can be near their mother and sister. Mr. Artz proceeded to explain the layout and sizes of the three parcels. He said that one parcel is a 50 -foot wide strip of land running from the front all the way to the rear and contains the existing dwelling and all of the out buildings; adjacent to the left is a 25 -foot strip of land which was acquired in about 1952; and the piece in the front was acquired from Lester Elliott, which is now the Star Fort property across the road. He explained that Lauck Drive was originally in a different location and was moved when it was rebuilt; this left a strip of land between all these lots through this area and Mr. Ellott's heirs have conveyed that property to all the adjoining owners on this side of Lauck Drive. Mr. Artz said he was requesting a vacation of the property line of the piece along Lauck Drive (acquired from the Elliotts), and to vacate the existing property line between the two tracts; he said there will be a small lot in the front on the ri ght -hand side which will contain the existing house and two sheds and the remaining lot will be a pipestem lot with a building area in the rear. Mr. Artz said that if this was approved, there would be no need for any variance requests for setbacks. He added that the parcel is within the Sewer and Water Service Area with public sewer and water. • Commissioner Oates asked Mr. Artz why he did not just evenly divide the two lots and request a waiver on a reduced access easement, which would result in two lots over 15,000 square feet with a private access easement. Mr. Artz replied that he submitted two proposals to the staff, one of which was the private access easement. He said he personally believed the private access easement would be better because the existing dwelling is less than two feet away from the property line; the private access easement would actually make the house more conforming. He explained that the Code does not allow for private access easements in the RP District. Mr. Artz said he believed the applicants did not care whether the pipestem lot or a private access easement was used. Chairman Wilmot called for anyone in the audience who wished to speak regarding the waiver requests and the following person came forward to speak: Mr. Jim Shifflett, husband of Judith Shifflett, said they planned to build a ranch -style house, which would conform to the RP setbacks. He said the only problem they had was with the access to the property. No one else wished to address the Planning Commission and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Light said that in most cases, he would not approve of this; however, in this particular area, with the age element involved and the limited space available, he thought it would be appropriate to approve these waiver requests. Commissioner Oates said he would prefer an access easement waiver, rather than a pipestem lot; • he thought it would be better to have two lots which were similar in size. He said the access easement would have been somewhat of a clean -up. Frederick County Planning Commission Page 1809 Minutes of.luly 19, 2006 0 Upon motion made by Commissioner Light and seconded by Commissioner Unger, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver request of Judith Shifflett, submitted by Artz & Asociates, PLC, for an exception to Chapter 144 (Subdivision Ordinance), Article V, Design Standards, Section 144 -24B, Lot Requirements; and Chapter 165, (Zoning Ordinance), Article VI, RP (Residential Performance) District, Sections 165-65(B)3,165- 65(D)5, and 165- 65(D)6 for a boundary line adjustment and consolidation of three parcels. (Note: Commissioner Manuel was absent from the meeting.) DISCUSSION SITE PLAN FOR GAINESBORO ELEMENTARY SCHOOL Planner Candice E. Perkins presented the site plan for the new Gainesboro Elementary School. Ms. Perkins explained that customarily, projects which involve capital expenditures for public facilities are brought before the Planning Commission prior to site plan approval. She said the new elementary school will be located on the western side of North Frederick Pike (Rt. 522) between Chestnut Grove Road (Rt. 681) and Gainesboro Road (Rt. 684); the school consists of a total 93,368 square feet and has a capacity of 750 students. • Ms. Perkins added that representatives of the public schools system were available for questions. Commissioner Oates had questions regarding the drainfield. Mr. Stephen Kapocsi, Coordinator of Construction and Facilities at Frederick County Public Schools and Mr. Bill Shelton with Oliver, Webb, Pappas & Rhudy, Inc. came forward to address the questions. Mr. Shelton said they do not have a drainfield at this site, but instead they will have a treatment plant for treating waste water from the school. He said the water will be piped along Route 522 to Hogue Creek; he noted that they have a permit with the Department of Environmental Quality. Commissioner Unger asked if there was sufficient room for a school bus at the crossover on Route 522. Mr. Shelton said there was a plan to install a traffic light at this location; he said the buses will be stacking in the turn lane and not sitting in the medium waiting to make a left -hand turn. He said buses will not be able to make a left -hand turn until the light changes. Commissioner Unger inquired if the traffic signal would be installed before the school is finished. Mr. Kapocsi said it was his understanding that VDOT has reserved the right to request a light; however, they have not done so at this point. Mr. Kaposcsi said it was also his understanding the cross -over was going to be enlarged. Commission members preferred to have the traffic signal installed before the school opened. Commissioner Thomas asked from how far away from the school would children be bused. Mr. Kaposcsi stated that the exact attendant zones have not yet been finalized. He said the school will naturally serve the current population of Gainesboro Elementary School and also will serve some students from Indian Hollow School to relieve the overcrowding at that facility. Commissioner Thomas commented that a 750- student elementary school would probably need to bus children from quite a distance because he didn't believe that particular area had the population to support a 750 -pupil school. Mr. Kaposcsi said that the current projections for enrollment at the school are over 500 at this time. Frederick County Planning Commission Page 1810 Minutes of July 19, 2006 CM • Commissioner Morris inquired if any alternative types of porous materials had been considered for the paved areas for cost effectiveness and appearance. Mr. Shelton said other materials were considered, but they did not find it to be a viable option in a school setting because of the volume of heavy traffic and maintenance issues. SUBDIVISION OF LENOIR CITY COMPANY OF VIRGINIA, STONEWALL INDUSTRIAL PARK REGARDING THE ROUTE 37 RIGHT -OF -WAY Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Lenoir City Company application is for an eight -lot subdivision of 42 acres within the Stonewall Industrial Park, along McGee Drive. Mr. Cheran said this item is being presented to the Planning Commission due to its implications on the planned route for Route 37; he said the plans for Stonewall Industrial Park do not accommodate the Route 37 right -of- way. He added that action on this subdivision is not required and is being brought forward for informational purposes only. Comments were made by several of the Planning Commission members regarding this information. Commissioner Mohn commented that the Commission received information on another property in this same situation a short time ago; he said the clock was ticking on the Route 37 right -of -way. Commissioner Mohn said the centerline for Route 37 needs to be set and right -of -way secured, especially in the active areas for development, so the corridor can be preserved, if this remains one of the County's priorities. Other Commission members agreed. • Commissioner Oates suggested sending forward a recommendation to the Board of Supervisors to require that a notation be placed on the proposed plats for Stonewall Industrial Park indicating the future Route 37 corridor, if it is legal to do so, so that future purchasers of these lots know they are in the proposed right -of- way. Secondly, Commissioner Oates recommended making it mandatory for any subdivision in an area near a planned road within the Comprehensive Policy Plan to have a note added to the plat for future owners' notification. UDA/ SWSA UPDATE Planning Director Michael T. Ruddy stated that at the July 5, 2006 Planning Commission meeting, a motion was made to bring back the UDA and SWSA Modification Exercise to the next available Planning Commission meeting. He said this will be brought back to the Commission at its August 16, 2006 meeting as a public meeting item. Mr. Ruddy said that the staff is proposing to notify the individuals who were present during the public hearing on June 21, 2006 of this item. He stated that legal advice has confirmed that a public hearing was held and closed and there is no obligation to re -open or re- advertise the public hearing. It was Commissioner Mohn's belief that the Commission should err on the side of over - notification with this type of issue, even though the legal requirements have been met. Commissioner Mohn said he would like to have not only the persons who were present at the meeting notified, but also those property owners within potentially - impacted areas. In addition, he wanted to give those individuals a little more guidance . or description in terms of what is being proposed. Other Commissioners agreed. Frederick County Planning Commission Page 1811 Minutes of July 19, 2006 -10- • OTHER Chairman Wilmot noted that on occasion, the liaison committees change meeting times, which makes the liaison appointments difficult to keep. Chairman Wilmot proposed that Commissioner Kriz and Commissioner Oates serve as each other's alternate to the Transportation Committee and the Historic Resources Advisory Board meetings. ADJOURNMENT Upon motion made by Commissioner Ours and seconded by Commissioner Mohn, the meeting adjourned at 8:30 p.m. by a unanimous vote. Respectfully submitted, A . " nvy-�-- M. Wilmot, Chairman is Secretary Frederick County Planning Commission Page 1812 Minutes of July 19, 2006