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HomeMy WebLinkAboutPC_08-04-99_Meeting_MinutesPr MEETING 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 August 4, 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. Morris, Shawnee District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; George L. Routine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Back Creek District; Terry Stone, Gainesboro District STAFF PRESENT: Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; Mark Cheran, Planner I, 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. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's infornation. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 07/29/99 Mtg. Mr. Ruddy, Zoning Administrator, reported that members of the DRRS finalized their discussion on amending the RP (Residential Performance) Zoning District to allow senior housing with performance standards. In addition, Mr. Ruddy said that the DRRS discussed permitting schools in RA (Rural Areas) Zoning Districts as a conditional use with a residential component. He said that both amendments will be brought to the Planning Commission in two weeks for discussion. Frederick County Planning Commission Minutes of August 4, 1999 Page 386 -2- r� Sanitation Authority (SA) - 07/20/99 Mtg. Mrs. Copenhaver, Planning Commission liaison to the SA, reported that projects under construction are coming along fine. Mrs. Copenhaver said that the recently drilled well at Back Creek School has a good supply of water. She said that a motion was made to acquire a proposal to enlarge the lames Diehl Water Filtration Plant to six million gallons per day and to design a new water pipe line from Back Creek to the plant. PUBLIC HEARINGS Conditional Use Permit #03 -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. 1 -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 and on 07107/99 at which this item was tabled.) Action - Tabled Indefinitely Mr. Michael Ruddy, Zoning Administrator, stated that the applicant, SBA, Inc., is still in the process ofputting together their application and they have requested that their application be tabled indefinitely until such time that all of their information is available. Mr. Ruddy said that staff would concur with SBA's request to table indefinitely. A representative of SBA, Inc. was present; however, no questions were raised. Chairman DeHaven called for public comments, but no one came forward. 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 indefinitely table Conditional Use Permit 903 -99 of SBA, Inc. (Richard M. Cooley property) indefinitely until such time that their application is complete. The vote on granting the tabling was as follows: YES (TO TABLE INDEFINITELY) Miller, Ours, Thomas, Romine, DeHaven, Copenhaver, Morris, NO: Light \J Frederick County Planning Conunission Minutes of August 4, 1999 Page 387 -3- Conditional Use Permit #12 -99 of VA PCS Alliance/CFW Intelos for a 195' monopole telecommunications tower. This property is located at 3100 Berryville Pike (Frederick/Winchester Service Authority, Opequon Water Reclamation Facility) and is identified with P.I.N. 56 -A -19 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Mr. Michael T. Ruddy, Zoning Administrator, read the background information and review agency comments. Mr. Ruddy stated that the staff believed this application for a commercial telecommunications facility had adequately addressed the requirements of the Zoning Ordinance in that a need for the facility, based upon a lack of coverage and capacity in this part of the County, had been demonstrated. Mr. Ruddy read the four conditions recommended by the staff. Mr. Thomas Whitacre of CFW Intelos, in the Virginia Wireless Operations Group, was representing the application. Chairman DeHaven called for public comments, but no one came forward to speak. Commission members commended the applicant for providing digital pictures, which supplied a visual interpretation of the proposed tower's appearance; they appreciated the fact that the applicant had reviewed the County's ordinances to determine the County's preference for monopole towers instead of lattice towers, and that the applicant had provided support for tower coverage needs at this location. • A member of the Commission had one concern, however, regarding the staff's recommended Condition 42. He suggested striking the words, "at reasonable rates" because it was beyond the Commission's expertise to make a determination about rates for service. The Planning Commission believed that the strike out was warranted and it was recommended that Condition #2 read, "The tower shall be available for locating personal wireless service providers." No other issues were raised. Upon motion made by Mr. Romine and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #12 -99 of VA PCS Alliance /CFW Intelos for a 195' monopole telecommunications tower with the following conditions: I . All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers 3. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner with twelve (12) months of the abandonment of operation. • Frederick County Planning Commission Minutes of August 4, 1999 Page 38E -4- n U Conditional Use Permit #06 -99 of the Winchester Chapter of the Izaak Walton League for an outdoor recreation area to include a shooting area and wildlife reserve. This property is located at 2863 Millwood Pike and is identified with P.I.N. 77 -A -72 in the Shawnee Magisterial District. (This is a continuation of a public hearing which was tabled at the May 5, 1999 meeting.) Action - Withdrawn at the Applicant's Request Mr. Evan A. Wyatt, Deputy Plaiming Director, stated that the staff had received a letter, dated July 19, 1999, from the applicant, the Winchester Chapter of the Izaak Walton League, requesting the withdrawal of their application. speak: Chairman DeHaven called for public comments and the following persons came forward to Mr. Edward Keenan, Frederick County resident, stated that he spoke to the Commission at their May meeting and he believed an unresolved situation remained at the existing rifle range. Mr. Keenan said the rifle range is unsupervised and there is no monitoring of range users to determine if they are club members or if they may be under the influence of alcohol. Mr. Keenan said that there are many homes that have been built around the Izaak Walton site. He said that the impact area of the existing rifle range is 550' from his barn. Mr. Keenan expressed concern for the safety of his grandchildren on his property. He also noted that there is approximately one mile of fence line between his property and the Izaak Walton property . and for 30 years he has solely maintained the fence. Mr. Dwight Hanline, a resident on the property known as Twin Creeks which is owned by Betty Meade Stewart, said that his property is in close proximity to the rifle range. Mr. Hanline said that on numerous occasions the sound of firearms can be startling. He concurred with Mr. Keenan's fears and concerns. Ms. Betty Meade Stewart, property owner, said that she is terribly concerned about the effect of the rifle range on adjacent properties. Ms. Stewart said that Mr. Hanline, her lessee, has lived on her property for ten years and he has heard gunfire night and day. Ms. Stewart said that she has driven onto the property herself and believed that anyone could drive into the property and do whatever they wanted. Mr. Warren Golightly, adjoining property owner, believed there should be a state -o£- -the -art facility here, especially if future growth of the area is considered for the next ten years. Mrs. Elizabeth Von Hassell, resident on Route 723, said that she is not opposed to rifle -range shooting; however, she was concerned that the rifle range has no gate and there is no supervision. Mrs. Von Hassell said that she hears shooting at all hours of the day. She was concerned for the safety of her children because her family rides, hikes, and fishes along the Opequon. Mrs. Von Hassell said that she attended a couple of the meetings held by the Izaak Walton Leagtte and members admitted that there were automatic and semiautomatic firearms being fired at the range. She stated there were a few discrepancies in what was said at the meetings, which led her to believe that members really do not know what is going on. Mrs. Von Hassell U Frederick County Planning Commission Minutes of August 4, 1999 Page 389 -5- didn't understand how they could expect to monitor 700 members, if there is no gate or supervision. She • concluded by saying that she didn't mind if there was a shooting range, but she expected it to be a state- of -the- art facility because of the many residents living nearby. Mr. David Lamp, an adjoining property owner, said that he purchased his home and property three years ago and he has four children. Mr. Lamp said that he is directly across the creek from the rifle range. He said that unresolved problems remain at the existing rifle range, such as access and hours of operation. Chairman DeHaven explained to the citizens present that the Izaak Walton League had formally withdrawn their application and the Commission would not be taking action on the conditional use permit. Chairman DeHaven further explained that the existing operation at Izaak Walton League is classified as a legal, non - conforming use because it preceded the ordinance. Members of the Planning Commission discussed what the appropriate venue would be for the citizens to pursue who had concerns about the existing firing range. Members of the Commission believed that safety at the range was a serious matter and they shared the concerns of the citizens who spoke. One possibility that was discussed was having a county mediator step in to work with the Izaak Walton League and the citizens to come to an agreement to help the situation. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Corrunission does hereby request that the Board of Supervisors appoint an Ad -hoc Committee to work with the citizens and the Izaak Walton League to come to an agreement on a solution to the safety issue at the existing firing range. This resolution was passed by the following vote: YES (To Approve) Miller, Ours, Thomas, Romine, Wilson, Copenhaver, Light, Morris NO: DeHaven Conditional Use Permit 413 -99 of W. R. Barney, Jr. for a Cottage Occupation to operate an antique restoration business. This property is located at 341 Gainesboro Road and is identified with P.I.N. 29 -A- 103 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 stated that the proposed business would be conducted in an accessory structure, 25 feet from the principal structure. He said that the nearest adjoining property is 16 feet from the accessory structure. Mr. Cheran stated that the staff is requesting that a fourth condition be added, stating, "there will be no retail sales occurring on the property." He explained that this was only to prevent the establishment of an antique sales C J Frederick County Planning Commission Minutes of August 4, 1999 Page 39C M shop on the site, which would be a more intensive use, and did not mean that Mr. Barney couldn't have an interested buyer stop by to look at something he had just restored. There were no public comments concerning this proposed conditional use permit. Mr. W. Wayne Miller, Gainesboro Commissioner, remarked that this property adjoins the Gainesboro Methodist Church and Mr. Barney's property and garage is served by a shared driveway that goes across the church's property. Commissioner Miller reported that representatives of the church had contacted him and although they have no objections to the cottage occupation, they were concerned that the shared driveway is kept clear, especially during church functions. Commissioner Miller also expressed concern that no excessive odors occur from the restoration process because of its nearness to adjoining residences. The Planning Commission believed that the church's concerns should be addressed by the addition of a fifth condition, which should state, "there will be no activities on this property during church functions." Based on the limited scale of the proposed use and the recommended conditions, the Planning Commission believed the use would not have a significant impact on the adjoining properties. Upon motion made by Mr. Miller and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 411 -99 of W. R. Barney, Jr. for a Cottage Occupation for Antique Restoration with the following conditions: • 1. All review agency comments shall be complied with at all times. 2. All work shall be accomplished inside a completely enclosed building. 3. Any proposed business sign shall conform with the Cottage Occupation requirement (sign shall not exceed four square feet). 4. No retail sales shall occur on the property. 5. No activities during church functions. Amendment of Rezoning 4015 -98 of Jack K. Wampler to rezone 0.69 acres of a 20 -acre parcel from B3 (Industrial Transition) District to RA (Rural Areas) District and to amend the proffers that were adopted by the Board of Supervisors on December 9, 1998. This property is located on the west side of Martinsburg Pike (Rt. 11), approximately 0.5 miles south of the intersection with Hopewell Road (Rt. 672), and is identified with P.I.N. 33- A -164D in the Stonewall Magisterial District. Action - Tabled u Frederick County Planning Commission Minutes of August 4, 1999 Page 391 -7- Mr. Evan A. Wyatt, Deputy Planning Director, reported that the applicant has proposed to rezone a 0.69 -acre strip of land along the southern boundary line which is 50 feet in width. Mr. Wyatt said that this strip of land is zoned B3 (Industrial Transition) District and is depicted on the proffered General Development Plan as a 50 -foot inactive buffer between the proposed mobile home /model home dealership and the Stonewall Elementary School. He explained that it was the intent of the applicant to dedicate this acreage to the Frederick County School Board to consolidate this land into the Stonewall Elementary School site, should the Board of Supervisors approve the rezoning request. Mr. Wyatt continued, stating that in addition to dedication of acreage to the School Board, the applicant has modified the proffer statement to provide an evergreen screen along the southern boundary line which adjoins the Stonewall Elementary School site; however, the 50 -foot inactive buffer distance has been eliminated from the previously approved General Development Plan. He said that the applicant has also modified the proffer to provide a 50 -foot active distance buffer along the northern property line which includes an evergreen screen element. Mr. Wyatt stated that the staff believed that the rezoning request does not create any negative impacts and has not generated any concerns from the various review agencies; however, the staff believes that several items in the modified proffer statement require clarification or rewording prior to final action by the Board. Mr. Wyatt proceeded to review those items with the Commission. Members ofthe Commission raised the question of whether a procedcnt- setting situation would be created by modifying a proffer which will remove a buffer. Mr. Wyatt said that in this particular case, the modification was done with the School Board's review and consent. • Members of the Commission asked if discussions had taken place about who would move the fence and who would pay for it. Mr. Mark Smith of Greenway Engineering, who was representing this application, said that he did not believe that Mr. Wampler would pay for relocating the fence; however, Mr. Wampler is willing to pay for the boundary line adjustment survey and the recording of the plat. The next issue discussed was the applicant's proffer to provide an evergreen screen along the southern boundary line which adjoins the Stonewall Elementary School site. The staff pointed out that the 50' inactive buffer distance has been eliminated from the previously approved General Development Plan. The staff also pointed out that the applicant has proffered to provide a 50' active distance buffer along the northern property line which includes an evergreen screen element; however, the applicant does not indicate a time frame for the trees to be planted or a planting width and placement. Mr. Smith said that a conceptual plan was submitted with the original proffers, however, he did not intend it to be a part of the proffer statement. On the contrary, the staff believed that when the Board of Supervisors considered the rezoning application back in December of 1998, it was approved with the understanding that the plan included in the proffer package, which showed the distances and the inactive /active portions, etc., was a Generalized Development Plan for the RA portion being rezoned to B2 and B3. Mr. Robert Sager, Board Liaison, agreed with the staff s statement. During discussion of the elimination of the six- foot -high berm along the property line between the Wampler and Richardson's property, members of the Commission questioned whether the intent of the ordinance was being met. It was noted that by eliminating 100' with a berm and planting, in exchange for 50' • Frederick County Planning Commission Minutes of August 4, 1999 Page 3% -8- with some planting, without an inactive /active definition, a situation could result where there could be a parking lot within five feet of the adjoining property. Chairman DeHaven asked Mr. Smith why he was requesting a change again now, if he had received what he'd asked for in the initial request. Mr. Smith said that Mr. Wampler was happy with what was originally approved; however, he was approached by members of the Board of Supervisors who suggested that he modify the proffer statement as presented. The staff next pointed out that the proffered condition needed to be reworded to accurately reflect the total acreage of the site to discount the 0.69 -acre dedication, to correct the zoning district designation, and to identify when the proffered monetary contribution for fire and rescue services will be provided to the County. The staff commented that if the request was acted on as it was currently written, it could theoretically result in the proffer becoming unenforceable. Some Planning Commission members expressed concern with the fact that a school, costing several million dollars, was built and then it was realized that there was not enough land to service it. Concern was also expressed that this applicant submitted specific proffers to get an approval from the Board and then brought back the application to modify the proffers after the zoning had been approved. A member of the Commission suggested that the applicant address the issues identified by the staff and then bring the application back for consideration after the wording was reworked. Other members of the Commission had problems with this because of the possible precedent- setting situation it could create. Chairman DeHaven called for public comment, but no one came forward to speak. • Mr. Light made a motion to deny the Addendum to Rezoning Application #015 -98 of Jack K. Wampler, Sr. and this motion was seconded by Mr. Morris. The motion failed, however, by the following vote: YES (TO DENY) Wilson, Light, Morris NO: Miller, Ours, Thomas, Romine, DeHaven, Copenhaver Mr. Smith asked for the Commission's comments concerning the buffer to the north. Commission members stated that the intent of the review and recommendation was to protect the historic structure. The Commission felt that the dedication of land on the south end for the reduced buffer distance on the north end was a reasonable trade. Mr. Thomas made a motion to table the Addendum to Rezoning Application #015 -98 of lack K. Wampler, Sr. for an adequate amount of time to allow the proffer to be rewritten based on the comments received and then provided back to the Planning Commission for action. This motion was seconded by Mr. Ours and was passed by the majority following vote: YES (TO TABLE) Morris, Copenhaver, DeHaven, Wilson, Romine, Thomas, Ours NO: Light, Miller • Frederick County Planning Conunission Minutes of August 4, 1999 Page 39_ BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Amendment of • Rezoning Application 4015 -98 of Jack K. Wampler to rezone 0.69 acres from B3 (Industrial Transition) to RA (Rural Areas) and to modify the proffers that were adopted by the Board of Supervisors on December 9, 1998 for an indefinite amount of time to allow the proffer to be rewritten based on the comments received and then brought back to the Planning Commission for action. PUBLIC MEETING Waiver Request from the Cul -de -Sac Length Requirement of Chapter 144, Subdivision Ordinance, Section 144 -17- Streets, G.(1), in a Rural Preservation Subdivision, by Charles W. Orndorff, Sr., submitted by Greenway Engineering. Action - Approved Mr. Evan A. Wyatt, Deputy Planning Director, reported that a waiver request has been received from Greenway Engineering to allow a cul-de -sac of 1,160' in length as opposed to the required maximum length of 1,000'. Mr. Wyatt stated that the cul-de -sac is located in a proposed Rural Preservation Subdivision, submitted on behalf of Charles W. Omdorff, Sr., and the applicant is proposing I 1 lots on the cul- de -sac. He said that the applicant has placed a narrative on the plan that states that access for the two lots fronting on Route 671 would be served by the cul-de -sac. Mr. Wyatt continued, stating that the applicant has agreed to dedicate a ten -foot strip of land • along Route 811, which is on the County's Hard - Surface Road Improvement Plan, which would allow the County to have the 50' right -of -way necessary to undertake the project when it is funded. He said that the applicant has also committed to preserving an additional ten percent (9.2 acres) of land to the rural preservation lot. Mr. Mark Smith of Greenway Engineering, the design engineering firm for the project, said that the waiver request would result in a better plan because there will be less of an environmental impact and it will improve safety. There were no public comments regarding the waiver request. No issues of concern were raised by the Planning Commission and they believed the waiver was appropriate in this case. Upon motion made by Mr. Ours and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the Charles W. Omdorff, Sr. request for a cul-de -sac length waiver in a Rural Preservation Subdivision, which would allow a cul-de -sac of 1,160' in length as opposed to the required 1,000' maxmium length. (Note: Mr. Light abstained from voting.) Frederick County Planning Commission Minutes of August 4, 1999 Page 394 -lo- . ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by Respectfully submitted, • Frederick County Planning Coawnission Minutes of August 4, 1999 Page 39`