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HomeMy WebLinkAboutPC_07-07-99_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 July 7, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Robert A. Moms, Shawnee District; Roger L. Thomas, Opequon District; Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Back Creek District; S. Blaine Wilson, Shawnee District; STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; Christopher M. Mohn, Planner Il, Amy M. Lohr, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MAY 5, 1999. MAY 19. 1999 & JUNE 2. 1999 Upon motion made by Mrs. Copenhaver and seconded by Mr. Romine, the minutes of the Planning Commission's May 5, 1999 meeting were unanimously approved as presented. Upon motion made by Mrs. Copenhaver and seconded by Mr. Romine, the minutes of the Planning Commission's May 19, 1999 meeting were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mrs. Copenhaver, the minutes of the Planning Commission's June 2, 1999 meeting were unanimously approved as presented. • Frederick County'Planning Commission Minutes of July 7,:1999 Page 377 -2- APPLICATIONS ACTION SUMMARY • Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Development Review & Reeulations Subcommittee (DRRS) - 06/24/99 Mtg. Mr. Ruddy, Zoning Administrator, reported that members of the DRRS met at the Woodbrook Village Community Center, at the invitation of Mr. Jim Vickers, to discuss retirement housing and the County's Residential Performance District design guidelines. Mr. Ruddy explained that the goal is to make the existing requirements somewhat more flexible in order to accommodate the residential retirement community use. Sanitation Authority (SA) Mrs. Copenhaver reported that the minutes of the last SA meeting state that a Vision Mission Statement and Values for the Sanitation Authority was presented and adopted. In addition, it was reported that the wells being drilled at the Back Creek Elementary School have the potential of yielding %2 to 1 million gallons per day and the Bartonsville well field has an availability of about 5 million gallons of water per day. PUBLIC HEARINGS Note: The following two applications were heard together: Conditional Use Permit 902 -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. (This is a continuation of a public hearing held on 04/07/99 at which this item was tabled.) Action - Withdrawn at the Applicant's Request Frederick County Planning Commission Minutes of July 7, 1999 Page 378 -3- Conditional Use Permit 003 -99 of SBA, Inc. (Richard M. Cooley property) to erect a 250' self - supporting ® lattice tower telecommunication facility. This property is located at 173 Catlett Lane and is identified with P.I.N. I -6A (Warren County parcel number), a portion of which extends into Frederick County within the Opequon Magisterial District. (This is a continuation of a public hearing held on 04/07/99 at which this item was tabled.) Action - Tabled for 30 Days with a Waiver of the Ordinance Time Restraints Mr. Michael Ruddy, Zoning Administrator, stated that this afternoon, the staff had received written correspondence from the applicants of both of these conditional use permits for telecommunications towers requesting the withdrawal of Conditional Use Permit (CUP) #02 -99 of SBA, Inc. for the Dr. Raymond Fish property and requesting a 30 -day extension on their initial tabling request for CUP #03 -99 of SBA, Inc. for the Richard M. Cooley property. Chairman DeHaven called for public comments concerning either of these two conditional use permits and the following person came forward to speak: Ms. Michelle A. Rosati, Zoning Attorney with the firm Michael Horwatt & Associates, P.C., the Counsel for the applicant, SBA, Inc., stated that within the last two days, Triton PCS has committed to this site and wants to be joined as a co- applicant. Ms. Rosati said that a deferral of only 30 days will be needed in order to prepare the paperwork for submission to the Planning Commission. A member of the Planning Commission inquired if any existing telecommunications facilities • were located in the immediate area of Catlett Lane. Mr. Ruddy replied that there was a 200' CFW lattice tower approximately 1/4 mile from this site which was constructed in 1995 and has only one provider. Mr. Ruddy believed that space was available on the tower. Staff recalled that one of the short- comings of the original CUP application was that sites in the area were not identified, nor the availability of space on those sites. Ms. Rosati stated that they were fully prepared to discuss the existing tower near the Catlett Lane site. She said that without getting into too much engineering detail, there was a reason that Triton can not use that specific tower and it is a technical interference problem. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby grant the applicant's request to table Conditional Use Permit #03 -99 of SBA, Inc. (Richard M. Cooley property) for 30 days with a waiver of ordinance time restraints by unanimous vote. Conditional Use Permit 910-99 of Glenn and Natalie Miller (GEM Limousine), submitted by Greenway Engineering, for a Cottage Occupation to operate a limousine service. This property is located at 1100 Front Royal Pike and is identified with P.I.N. 64D -A -17 in the Shawnee Magisterial District. • Frederick County Planning Commission Minutes of July 7, 1999 Page 379 i FE Action - Recommended Approval with Conditions Mr. Christopher Mohn, Planner 11, read the background information and review agency comments. Mr. Mohn stated that the application is a request to permit the addition of one non - resident employee to an existing home -based limousine service and this is permitted as a cottage occupation. Mr. Mohr reported, however, that the intensification of the limousine service should not involve a corresponding increase in the number of limousines parked on the property. He explained that the absence of either natural or man- made screening around the rear yard currently precludes effective mitigation of the visual impacts associated with commercial vehicle storage. Mr. Mohn proceeded to read the recommended conditions for the intensification of the use as a cottage occupation which stipulated the scale of the operation and insurance of its visual separation from adjacent residential uses. Mr. Mark Smith of Greenway Engineering, the design engineering firm representing the applicant, said that both he and the applicant were in agreement with all of the conditions, however, they would like to modify 45 to give them the flexibility to use either a board fence or landscaping as a means to screen activities and storage associated with the business. Mr. Smith said that correspondence has been submitted with the application from the adjacent property owners stating that they have no objections to the operation. Mr. Smith added that the property owners to the rear are present this evening to speak. Members of the Commission stressed the importance of providing landscaping that was of the appropriate size and density needed to eliminate the noise or visual impacts. Mr. Smith suggested that the Commission require the submission of screening details to the staff for approval. Chairman DeHaven called for public comment and the following person came forward to • speak: Mr. James Layton, adjoining property owner to the rear of Mr. and Mrs. Glenn Miller, stated that he had no objections to Mr. Miller's operation. Mr. Layton didn't believe that a fence needed to be installed on the back of the property to separate him from Mr. Miller. Upon motion made by Mr. Thomas and seconded by Mr. Ours, the Planning Commission unanimously agreed to make the letter from Mr. and Mrs. Franklin Myers, adjoining property owners on the north side, a part of the official record and, in addition, recognize that the Myers's have a concern over the parking of limousines in front of their property, which has occurred in the past. Mr. Morris moved to approve the conditional use permit with a modification of condition 45, which would permit the staff to approve either landscaping or fencing of the property as a means to screen activities and storage associated with the business. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 410 -99 of Glenn and Natalie Miller (GEM Limousine), submitted by Greenway Engineering, for a Cottage Occupation to operate a limousine service with the following conditions: All review agency requirements must be complied with at all times. 2. Signage for the proposed use may not exceed four (4) square feet in area. • Frederick County Planning Commission Minutes of July 7, 1999 Page 38C i -s- 3. No more than three (3) limousines shall be parked on the subject property. • 4. One (1) employee other than members of the immediate household may be engaged in the operation of the business on the subject property. All limousines must be parked in the rear yard of the property and all activities and storage associated with the business must be screened from adjoining residential properties. Such screening will be approved by the Planning Staff and should be accomplished through either the installation of a board - on -board fence at least six (6) feet in height or landscaping along all property lines adjacent to residential uses. 6. Any future expansion of this business will result in its classification as a commercial limousine service, which will necessitate its relocation to an appropriate zoning district. Rezoning #12 -99 of Dave and Viola Orndorff, submitted by Greenway Engineering, to rezone 6.0 acres from RA (Rural Areas) to B2 (Business General). This property is located on the south side of Tasker Road (Rt. 642) and on both sides of Tadpole Lane, and is identified with P.I.N. 76 -A -43 in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the property is located in the County's Sewer and Water Service Area and is situated on Tasker Drive, which is a major collector road. He said that the applicant has proffered to limit the amount of commercial development on the 6.0 -acre parcel to 48,000 square feet of floor area, as well as to provide a monetary contribution to mitigate the impacts to Fire and Rescue services. Mr. Wyatt continued, stating that applicant's traffic impact analysis does not provide level of service details for Tasker Road and intersections within close proximity to this site and it is, therefore, difficult to determine if this rezoning proposal will create a need for improvements to the existing road system. He also stated that the applicant has not indicated how the impacts to the viewshed of the historic Sherman- Rogers- Sargent House will be mitigated, either as recommended by the Historic Resources Advisory Board (HRAB) or by other methods. Mr. Mark Smith of Greenway Engineering, representing the property owners, Dave and Viola Omdorff, explained that the owners envision a community gas station, which also serves hot lunches, ice cream, and miscellaneous sundries. Mr. Smith said that the owners plan to build a small 2,000 -3,000 square foot building that would serve this particular community and maybe draw customers from some of the working plants in the area. Chairman DeHaven called for public continent and the following person came forward to speak: • Frederick County Planning Commission Minutes of July 7, 1999 Page 381 Mr. Allen Hudson, a general partner of the adjoining Eastgate Commerce Center, said that his . park contains about 100 acres of industrial and about 100 acres of commercial land. Mr. Hudson stated that he put considerable effort into creating a quality park with a strong set of covenants and restrictions because his goal is to have a first - class, quality industrial and commercial center. He explained that when he had the property sized for sewer, they were conscious of the County's desire not to bring too much capacity to this area because of the sensitivity concerning residential uses. Mr. Hudson said that no one else in the area was interested in joining him on the water and sewer acquisition, so his partnership spent close to $600,000.00 of their own money and built the line themselves, with the understanding that this was their capacity. Mr. Hudson said that a precedent will be set and his capacity will be at jeopardy from anybody out there who now decides that they want to be a part of this. The Planning Commission discussed Mr. Hudson's concern, but believed that any agreements concerning water and sewer would have to be arranged by the Frederick County Sanitation Authority and not the Commission. They also believed that the County's land developmental standards were more than adequate to protect adjoining property owners and users. Mr. Morris, who is the Commission's liaison to the HRAB, said that the tree line separating this property from the viewshed of the historic Sherman- Rogers- Sargent House was discussed at the last HRAB meeting and members felt confident that if the existing vegetation was left in its present state, it would be quite sufficient as a buffer. Mr. Morris next made a motion to approve the rezoning. This was seconded by Mr. Light and unanimously passed. . BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning # 12 -99 of Dave and Viola Omdorff, submitted by Greenway Engineering, to rezone 6.0 acres from RA (Rural Areas) to B2 (Business General) with proffers as submitted by the applicant. Rezoning Application #13 -99 of Lenoir City Company (Stonewall Industrial Park), submitted by G. W. Clifford & Associates, Inc., to rezone 7.5 acres from MH1 (Mobile Home Community) and 25.7 acres from RA (Rural Areas) for a total of 33.2 acres to M1 (Light Industrial). This property is located on the west side of Welltown Pike (Rt. 661), approximately 3,100 feet north of the intersection of Welltown Pike and McGhee Road (Stonewall Industrial Park), and is identified with P.I.N. 43 -A -63 in the Gainesboro Magisterial District. Action - Recommended Approval with Proffers Mr. Evan Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the applicant has proffered to provide right -of -way to improve Welltown Road and to enter into a signalization agreement with VDOT which would provide a traffic light at the intersection of McGhee Road and Wclltoxvn Road; the applicant has proffered to prepare a revised master development plan which conforms to the proffered general development plan to relocate the Tyson Drive intersection with Welltown Road and to provide an eight -foot earth berm above road grade along the west side 11 Frederick County Planning Commission Minutes of July 7, 1999 Page 382 -7- of Welltown Road; and, the applicant has proffered to conduct the Phase II Architectural Study for the historic Mertz House. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc., the design engineers for this project, presented a copy of the 1993 master plan for Stonewall Industrial Park, which they would like to revise for the expansion of the industrial park, and he proceeded to give the Commission an overview of the proposed project. Chairman DeHaven called for public comment and the following person came forward to speak: Mrs. Betty Godlove, resident at 688 Welltown Road, expressed concern about the problems with the traffic, the dust, and tractor - trailers. Mrs. Godlove spoke about the traffic congestion on Welltown Road. Members of the Commission commented that it has always been intended that this additional portion of the tract be included into the Stonewall Industrial Park. It was also pointed out that Mr. Gilpin and the Lenoir City Company have a good track record and have followed through in the past to meet the desires of the County. Mr. Light stated that he preferred to see the extension of Tyson Drive taken off of Welltown Pike, because of the additional traffic impacts from this portion of the industrial park. Upon motion made by Mr. Miller and seconded by Mr. Thomas, . BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #13 -99 of Lenoir City Company (Stonewall Industrial Park), submitted by G. W. Clifford & Associates, Inc., to rezone 7.5 acres from MH 1 (Mobile Home Community) and 25.7 acres from RA (Rural Areas) for a total of 33.2 acres to Ml (Light Industrial), with the proffers submitted by the applicant, by the following majority vote: YES (To Approve) Morris, Copenhaver, DeHaven, Romine, Thomas, Ours, Stone, Miller NO: Light PUBLIC MEETING Master Development Plan 403 -99 of the Commonwealth Business Center, submitted by G. W. Clifford & Associates, Inc., for the development of an industrial park on a 37.2759 -acre site. The site is located at 3657 Valley Pike and is identified with P.I.N.s 75 -A -91A and 63 -A -85 in the Back Creek Magisterial District. Action - Recommended Approval with Waiver of Cul -de -sac Length • Frederick County Planning Commission Minutes of July 7, 1999 Page 383 � Mr. Michael Ruddy, Zoning Administrator, read the background information and review • agency comments. Mr. Ruddy stated that the overall concept of the master plan is consistent with the Comprehensive Policy Plan the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. Mr. Ronald Mislowsky with G. W. Clifford & Associates, Inc., the design engineering firm representing the owner, stated that a potential user is available for the southwest corner parcel and subdivision plans have been completed with VDOT, Sanitation Authority, and Public Works approvals. Mr. Mislowsky's only issue was the length of the cul-de -sac, and he requested a waiver to exceed the 1,000 foot maximum limit required by the zoning ordinance. He added that the approval of the waiver request would not increase the number of lots and would improve driveway spacing. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Michael Collins, resident at 3670 Valley Pike, expressed concern about traffic congestion. Mr. Collins said that too many entrances are being proposed along a section of road where traffic is backed up on a daily basis. He suggested that a collector road be constructed with a single traffic light. Mr. Collins also pointed out that this site was a part of the Kemstown Battlefield. He said that hundreds of artifacts have been found on both this site and the Hood site. Mr. William E. Broy, resident at 309 Wentworth Drive, had questions about access to the site and requested additional information about the site. The Planning Commission discussed the traffic situation here and believed that relief of the problems would only occur after Route 37 is built and the WATS is implemented. Consideration was also given to the adjoining Winchester L.L.C. parcel and how access will be provided. The applicant's representative had noted that improvements to 1 -81 and Route 37, along with VDOT's entrance spacing requirements, would potentially landlock this parcel. The applicant, Mr. David Holliday, stated that it was his intention at this time to reserve sufficient right -of -way through his development to provide an alternative access to this parcel. The Commission believed that a waiver of the cul -de -sac distance requirement was appropriate in this case and upon motion made by Mr. Miller and seconded by Mr. Ours, they unanimously recommended approval of the master plan with this waiver. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #03 -99 of the Commonwealth Business Center, submitted by G. W. Clifford & Associates, Inc., for the development of an industrial park on a 37.2759 -acre site with a waiver of the cul -de -sac distance requirement. Frederick County Planning Commission Minutes of July 7, 1999 Page 384 � INTRODUCTION OF AMY M. LOHR, PLANNER I • Mr. Kris Tierney, Planning Director, introduced Amy M. Lohr, who was hired on June 28, 1999, as a Planner I for the Frederick County Planning Department. Mr. Tierney stated that Ms. Lohr has a Masters Degree from Virginia Tech. Chairman DeHaven welcomed Ms. Lohr as a member of the Planning Staff. CANCELLATION OF THE JULY 21, 1999 PLANNING COMMISSION MEETING Upon motion made by Mr. Thomas and seconded by Mr. Morris, the Planning Commission unanimously agreed to cancel their July 21, 1999 meeting because of no pending applications or items for discussion. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by unanimous vote. • Respectfully submitted, K&-C. Tie rt ecr a Charles S. DeHaven, Jr., Chairman E Frederick County Planning Commission Minutes of July 7, 1999 Page 38'_ kL