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HomeMy WebLinkAboutPC_04-07-99_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 April 7, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District; S. Blaine Wilson, Shawnee District; Robert A. Moms, Shawnee District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Richard C. Ours, Opequon District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Planner II; Chris M. Mohn, Planner II; Mark Cheran, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER . Chairman DeHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Development Review & ReQulations Subcommittee (DRRS) - 03/25/99 Mtg. Mr. Wayne Miller, DRRS member, said that discussion centered around the potential changes to the rural area regulations concerning land divisions. • Frederick County Planning Commission Minutes of April 7, 1999 Page 338 -2- Comprehensive Plans & Programs Subcommittee (CPPS) - 03/31/99 Mtg. Mrs. Marjorie Copenhaver, CPPS member, said that a public meeting on the South Frederick Land Use Study was held at Anne[ Elementary School on March 31, 1999. She said that Mr. Wellington Jones, Engineer/Director of the Sanitation Authority, gave a presentation regarding available water sources to meet Frederick County's needs to the Year 2045. She added that the CPPS has scheduled their next meeting for Wednesday, April 14. Economic Development Commission Mr. Romine, EDC member, reported that the EDC has a new staff member who will strengthen their situation and improve health in the marketing area. Sanitation Authority (SA) - 03123/99 Mtg. Mrs. Copenhaver, the Commission's liaison to the SA, reported that projects underway are progressing nicely. She said that the SA has been chosen to be included in the Virginia Department of Health's study regarding waster assessments. She added that an announcement was made regarding the passing of a . Virginia Law that grants the power to condemn properties with a designated historic site; she said that the law affects only Frederick County and only for one year. She further added that Dr. Cleland made a farewell address to the Authority. Mrs. Copenhaver said that she felt a great loss with Dr. Cleland's departure because of his many contributions to the SA. PUBLIC HEARING Rezoning Application #08 -99 of David R. Madison to rezone 6.18 acres of a 19.6 -acre parcel from RA (Rural Areas) to B2 (Business General). This property is located on the north side of Old Charles Town Road (Rt. 761), approximately 700' west of the intersection with Gun Club Road (Rt. 666), and is identified with P.I.N. 44 -A -138 in the Stonewall Magisterial District. Action - Recommended Denial Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the site is not served by public water and sewer. He reported two potential impacts which included increased traffic on Gun Club Road and impacts to neighboring residential properties through increased traffic, headlight glare, security lighting, hours of operation, and commercial signage and height. He added that the applicant has proffered out all potential uses permitted in the B2 District Frederick County Planning Commission Minutes of April 7, 1999 Page 339 Pr -3- except for self -service storage facilities; therefore, the perpetual effect of favorable action would be a specific • commercial use on this site which is not water and sewer dependent and has a reasonably low average daily traffic count. He further added that the applicant has proffered to limit the FAR to 60,000 square feet of development. Mr. Mark Smith with Greenway Engineering, the design engineering firm for the project, was present to represent the applicant, David R. Madison. Mr. Smith stated that because of the lack of pert sites or availability to public sewer and water, they decided not to pursue residential development of the property. He said this will be a low- impact use. Mr. Smith added that they will need to be careful about screening during the master planning stage of development, since the area is predominantly residential. He further added that they chose Gun Club Road for the entrance because it had a lower traffic volume than Old Charles Town Road (Rt. 761). Chairman DeHaven called for public comments and the following persons came forward to speak in opposition to the rezoning: Ms. Patricia Quinn, resident along Gun Club Road, stated that the unsightly appearance of a self -service storage facility would devalue her and her neighbors' home and property. She said that the use will add more traffic to an already busily - traveled road. She was concerned for the safety of her children who ride their bicycles on Gun Club Road. She also believed it would take away her and her neighbors' privacy. Ms. Jill Mounts, resident of Opequon Estates in Stephenson, was present to speak on behalf of her sister -in -law, Christie Mounts, whose home is directly across from the proposed entrance to the self - service storage facility. Ms. Mounts said that her sister -in -law, Christie, purchased her home on Gun Club • Road in August and it had a nice view —this facility will change that. Ms. Mounts said that there is already a self - storage facility within a half mile of this particular location. She stated that this property is zoned residential and for many years discussions have taken place regarding extending water to the Stephenson area, so she believed that residential development on this property was still a viable alternative. Ms. Mounts asked the Commission to consider the impact to the homes in this area. She remarked that the storage facility that's located in Stephenson, across from Twin Oaks, looks very trashy because of the lack of any landscaping whatsoever. She requested that if this rezoning request was approved, that the Commission require the owner to plant trees and shrubs to make the facility look like it belonged in a residential subdivision. Mr. Louis R. Jenson, adjoining property owner, was concerned about the impact of storage facilities on the value of his home and property in his residential neighborhood. Ms. Christie Mounts, property owner on Gun Club Road, said that she resides in the home directly across from the proposed entrance. Ms. Mounts agreed that many children ride their bicycles on Gun Club Road and she was concerned about their safety. She agreed with all the remarks previously made. Mr. Smith returned to the podium and said that he could possibly move the entrance from Gun Club Road to Old Charles Town Road (Rt. 761). Members of the Commission agreed that the use proposed was a low - impact use; however, the property was surrounded on three sides by residential uses. Some Commissioners believed it was the wrong location for this type of use. Other Commissioners believed they could support the use if an entrance was • Frederick County Planning Commission Minutes of April 7, 1999 Page 340 -4- developed in the southeastern or southwestem corner of the site, off of Route 761, that did not directly impact • residences. Also, there was some concern that the soil conditions may not permit the applicant to successfully meet the landscaping requirements. Upon motion made by Mr. Light and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Rezoning Application #08 -99 of David R. Madison to rezone 6.18 acres of a 19.6 -acre parcel from RA (Rural Areas) to B2 (Business General) by the following majority vote: YES (TO DENY REZONING) Morris, Light, Copenhaver, Marker, Wilson, Romine, Ours, Stone, Miller NO: Thomas, DeHaven Conditional Use Permit #02 -99 of SBA, Inc. (Dr. Raymond Fish property) to erect a 180' self - supporting monopole telecommunication facility. This property is located at the end of Hopewell Road (Rt. 672) past the AA Mobile Market. The site is identified with P.I.N. 33 -A -164 in the Stonewall Magisterial District. Action - Tabled for 90 Days at the Applicant's Request Mr. Michael T. Ruddy, Planner 11, said that the staff has received a request from the applicant • to defer both this conditional use permit application and the following one, for telecommunications facilities on the Dr. Raymond Fish property and the Richard M. Cooley property. Members of the Commission inquired if the applicant had been encouraged to pursue the ordinance requirements of a space availability study in order to co- locate on existing facilities. Staff replied that discussions were held and this is precisely the reason the applicant wants additional time to work on the application. Staff further noted that according to the local Shentel representatives, space is available for a licensee holder on their towers. Ms. Michelle A. Rosati, Esq., counsel for the applicant, SBA, Inc., for both of the pending conditional use permits, said that after reviewing the staff report and having discussions with the staff, it has became clear that there is a question as to whether the current placement of both these towers on the subject parcels is the best placement for them. Ms. Rosati said that SBA, Inc. has been compiling information and they believed it would be best to ask for the 90-day deferral to amend the application so that the Commission has time to review it. The preliminary marketing has shown that these two sites are both prime candidates for a number of carriers and will allow a co- location solution. Members of the Commission inquired if SBA had a potential user for the site. Ms. Rosati replied that no one has signed a letter of intent. speak: • Chairman DeHaven called for public comment and the following persons came forward to Frederick County Planning Commission Minutes of April 7, 1999 Page 341 -5- Mr. Jack K. Wampler, Sr., an adjoining property owner, stated that he has known Dr. Fish for 15 -20 years and Dr. Fish has always been very civic - minded and he loves his community. Mr. Wampler spoke in favor of the tower; he believed it would be a valuable asset in the future for the whole community and Frederick County. Dr. Raymond L. Fish, the owner of the property of the #02 -99 conditional use application, said that he spoke with his neighbor, the Clines, and they have no objection to the tower. He also had a letter of support from the Kenneth Y. Stiles family, another adjoining property owner. Mr. Thomas believed that what the tower company and Dr. Fish were trying to achieve was good business and this was happening throughout the telecommunications industry- -areas of availability are being secured. Mr. Thomas was in favor of honoring the applicant's wishes to table for 90 days, so they could provide additional information. Mr. Thomas made a motion to table Conditional Use Permit #02 -99 for 90 days per the applicant's request. This was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Conditional Use Permit #02 -99, submitted by SBA, Inc. (Dr. Raymond Fish property), to erect a 180' self - supporting monopole telecommunications facility, for 90 days per the applicant's request. The vote on tabling was as follows YES (TO TABLE) Miller, Stone, Ours, Thomas, Romine, Marker, Copenhaver, Light, DeHaven NO : Morris • ABSTAIN Wilson Chairman DeHaven asked the Commission to consider disposition of the letter from Mr. Kenneth Y. Stiles to Dr. Raymond L. Fish. Upon motion made by Mr. Marker and seconded by Mr. Thomas, the letter was made a part of the official record by unanimous vote. Conditional Use Permit #03 -99 of SBA, Inc. (Richard M. Cooley property) to erect a 250' self - supporting lattice tower telecommunications facility. This property is located at 173 Catlett Lane and is identified with Tax Map Number 1 -6A (Warren County), a portion of which extends into Frederick County within the Opequon Magisterial District. Action - Tabled for 90 Days at the Applicant's Request Mr. Michael T. Ruddy, Planner II, explained that the applicant also wishes to have this conditional use permit tabled for 90 days for the same reasons as the previous application. Chairman DeHaven called for public comments, but there were none. • Frederick County Planning Commission Minutes of April 7, 1999 Page 342 Upon motion made by Mr. Ours and seconded by Mr. Marker, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Conditional Use Application #03 -99 of SBA, Inc. (Richard M. Cooley property) to erect a 250' self - supporting lattice tower telecommunications facility for 90 days per the applicant's request. The vote was as follows: YES (TO TABLE) Light, Copenhaver, Marker, Romine, Thomas, Ours, Stone, Miller, DeHaveh NO: Morris ABSTAIN Wilson Conditional Use Permit 904 -99 of Stephen W. Duncan for a Cottage Occupation for Antique Furniture Restoration. This property is located at 128 White Hall Road and is identified with P.I.N. 32 -A -61 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Mark Cheran, Planner I, read the background information and review agency comments. Mr. Cheran said that there were no outstanding issues with any of the reviewing agencies. He said this • application is in response to a zoning violation complaint that staff received and obtaining the conditional use permit is an available option to resolve the violation. Mr. Stephen W. Duncan, the property owner and applicant, explained his antique restoration operation to the Commission, specifically: the hours he works, the equipment and chemicals used, and the individual steps used in the process to restore his furniture and which days per week he does each step. The applicant stated that he strips furniture by hand one day per week; he has no dipping tanks or systems of any sort. He does not discard any stripper onto the grass or driveway, and there are no pools of chemicals on the floor of the garage. Mr. Duncan said that he uses a hand sander with an attached dust collector. He stated that finishing is done with a spray can one time per week; he uses no compressors or spray guns. Mr. Duncan added that he recently installed a 1,200 c.f m. exhaust fan in the back wall of the garage. A member of the Commission inquired if Mr. Duncan had acquired a business license and Mr. Duncan said that he paid for a business license last year, however, he was waiting for the outcome of his conditional use permit for this year's license. He said that if the conditional use permit is denied, his business license will be prorated. Another member of the Commission asked Mr. Duncan if this was his sole employment and Mr. Duncan replied that it was. Mr. Duncan added that there is no business traffic coming to his shop and he does not care to have a sign. Mrs. Angela Seeger Lee came forward to speak on behalf of her mother, Evelyn Seeger, adjoining neighbor on the east side of Mr. Duncan. Mrs. Lee spoke in opposition to the conditional use permit because she believed that the fumes produced by the various chemicals used in Mr. Duncan's restoration Frederick County Planning Commission Minutes of April 7, 1999 Page 343 Pr -7- process are causing her mother to have severe allergic reactions. Mrs. Lee presented various OSHA Hazard . Information Bulletins regarding chemicals used in furniture restoration. She also read and presented a letter from Dr. Paul K. Stillwagon of the Asthma & Allergy Center of the Northern Shenandoah Valley, Inc. to the doctors at Amherst Family Practice concerning her mother's condition. Mrs. Lee said that her mother's allergic reactions to the fumes are disruptive to her quality of life and overall sense of well- being. She said that the fumes get trapped in her mother's house and both she and her sister have personally experienced the fumes when visiting her. A member of the Commission inquired if Dr. Stillwagon had performed any allergy testing or if his conclusions were solely based on what Mrs. Seeger had told him. Mrs. Lee said that no allergy testing was performed, but a physical examination was done. Mrs. Evelyn Seeger, the adjoining neighbor on the east side of Mr. Duncan, explained that she has an intolerance to some fumes and aerosols and experiences severe allergic reactions when the applicant is working in his shop. She was opposed to the granting of the Cottage Occupation. Mrs. Seeger said that there are no allergy tests for airborne chemicals and reaction. Mrs. Seeger said that she has had to completely alter her lifestyle. She has installed exhaust systems in her home and wears a face mask outdoors. Ms. Michelle Monk, another of Evelyn Seeger's daughters, said that her mother sold Mr. Duncan a strip of her land to make the construction of Mr. Duncan's garage possible. Ms. Monk said that her mother was of the understanding that Mr. Duncan had an antique business, not a furniture restoration business. Ms. Monk said that she also has experienced the smell and presence of fumes in her mother's house. Mrs. Angela Duncan, Stephen W. Duncan's wife, said that neither she nor her husband • disagree or disbelieve that Mrs. Seeger might be having some physical ailments, but they were not convinced that Mrs. Seeger's problems were the result of what her husband is doing. She recalled that some of the days that Mrs. Seeger mentioned as days she had a reaction, her husband was not even working in his shop. Mrs. Duncan said that her husband is not a dishonest man and the products and equipment he uses is what he brought with him this evening. She said there is no hidden machinery. Mrs. Duncan requested that the Commission base their decision on the facts that have been presented. A member of the Commission stated that he has never met the applicant, but he drives by the applicant's property every day. He stated that the garage door is always closed and everything is neat and so well -kept that he did not realize that the applicant worked inside of the garage all day. He stated that he has never seen a piece of furniture out in the yard, nor has he seen him working in the garage with the door up. This Commissioner said that he drives by with his windows down and has never smelled fumes of any sort. Commission members sympathized with Mrs. Seeger; however, they were not convinced that her allergic reactions were a result of the work being done by the applicant, due to the low volume of activity and carrying-out the work by hand, i.e.: without the use of dipping tanks, spray guns, or a compressor. Furthermore, it was noted that the chemicals used in the process evaporate into the atmosphere; they do not locate close to the ground where they could seep into a building. Since the neighbor did not undergo any immunology testing, Commission members were hesitant about drawing conclusions regarding the cause of her reported symptoms. Upon motion made by Mr. Miller and seconded by Mr. Light, the Commission recommended • Frederick County Planning Commission Minutes of April 7, 1999 Page 344 approval of the Conditional Use Permit by unanimous vote with the following conditions: • 1. All review agency comments shall be complied with at all times. 2. All work shall be accomplished inside of the completely enclosed building. 3. Any proposed business sign shall conform with the Cottage Occupation sign requirements (sign shall not exceed four square feet). (Mr. Ours was absent for this vote.) Upon motion made by Mr. Marker, seconded by Mr. Thomas, and unanimously passed, the OSHA Hazard Information Bulletins and the letter from Dr. Paul K. Stillwagon of the Asthma & Allergy Center of the Northern Shenandoah Valley, Inc. to the Amherst Family Practice submitted by Mrs. Angela Seeger Lee were made a part of the official record. Conditional Use Permit #05 -99 of Shannon S. Bridges to re- establish a non - conforming use (dog kennel). This property is located at 1132 Cedar Hill Road and is identified with P.I.N. 33 -A -62 in the Stonewall . Magisterial District. Action - Recommended Approval with Conditions Mr. Christopher M. Mohn, Planner II, read the background information and review agency comments. Mr. Mohn said that according to the applicant, a boarding kennel for dogs was operated on the subject property for approximately 30 years prior to its discontinuation five years ago. He reported that staff inspection of the site confirmed the presence of abandoned kennel facilities consisting of several indoor and outdoor runs. He stated that the applicant intends to re- establish the kennel operation on the property utilizing these existing facilities, which would support a maximum occupancy of 12 dogs at any given time. Mr. Mohn continued, stating that the proposed re -establishment of a kennel on the subject property would appear to involve an intensity level consistent with the original nonconforming use. He said the facilities are located approximately 150 feet from the nearest residential use and substantial vegetation exists along property lines to mitigate noise and visual impacts. Ms. Shannon S. Bridges, the applicant, came forward to answer questions from the Commission. Members of the Commission asked the applicant if her neighbors were aware of her plans to re- open the dog kennel. Mrs. Bridges said that spoke with all of her neighbors and no one expressed any objections to her re- opening the kennel. She stated that she will be installing a fence to screen kennel activities from view by her closest neighbor, Mr. Allen Roby, even though Mr. Roby does not have any problems with the proposed use and is a family friend. She added that all of these same neighbors lived here when her parents • Frederick County Planning Commission Minutes of April 7, 1999 Page 345 Pr MGM . operated the kennel. Members of the Commission asked Mrs. Bridges if she could foresee any difficulty complying with all of the conditions outlined by the staff. Mrs. Bridges said that she did not foresee any problems complying. Chairman DeHaven called for public comment, but no came forward to speak. Members of the Commission believed that, upon installation of the required screening and assuming compliance with all review agency requirements and staff conditions, the proposed use could operate on the property without significant impact on the surrounding community. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #05 -99 of Shannon S. Bridges to re- establish a nonconforming use for a dog kennel at 1132 Cedar Hill Road with the following conditions: I All review agency comments and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 3. No more than twelve (12) dogs shall be boarded within the facility at any given time. 4. All associated materials and supplies shall be stored within an enclosed structure. 5. All dogs boarded at the kennel must be confined to the property at all times. 6. All dogs boarded at the kennel must be placed inside a building by 9:00 p.m. 7. A board -on -board fence at least six (6) feet in height must be installed to screen all activities associated with the kennel operation from view from the residential use located on the adjoining parcel identified as P.I.N. 33- A -62A. 8. Any expansion of the kennel shall require approval of a new Conditional Use Permit. (Note: Mr. Ours was absent for this vote.) • Frederick County Planning Commission Minutes of April 7, 1999 Page 346 -10- . OTHER VDOT PUBLIC INFORMATION MEETING Mr. Ruddy announced that VDOT will be holding a public informational meeting on the Route 277 Project on Tuesday, April 20, 1999 at the Aylor Road Middle School. The public informational side of this meeting will be from 4:00 p.m, until 7:00 p.m. and time will be available from 2:00 p.m. until 3:00 p.m. for members of the Board of Supervisors and the Planning Commission to review the plans ahead of the public. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:50 p.m. by Respectfully submitted, • E Frederick County Planning Commission Minutes of April 7, 1999 Page 347