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PC_06-07-00_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 June 7, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice-Chairman, Back Creek District; George L. Unger, Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; S. Blaine Wilson, Shawnee District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Planning Director; Michael T. Ruddy, Zoning Administrator; Amy M. Lohr, Planner II; Mark R. Cheran, Planner 1; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES - APRIL 19. 2000 & MAY 3. 2000 Upon motion made by Mr. Marker and seconded by Mr. Kriz, the minute's of April 19, 2000 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Kriz, the minutes of May 3, 2000 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 05 /17/00 Mtg. Commissioner Roger L. Thomas, subcommittee chairman, reported that die DRRS held a work • Frederick County Planning Commission Minutes or June 7, 2000 Page 51( -2- session to discuss the proposed amendments to the R5 ordinance. He said that the result of that discussion will • be presented during the discussion of Item #10 on this evening's agenda. Comprehensive Plans & Programs Subcommittee (CPPS) - 05/08/00 & 05/24/00 Mtgs. Commissioner Robert M. Morris, subcommittee member, reported that on May 8, the CPPS continued with their work on the Comprehensive Policy Plan and on May 24, a work session was held with the Board of Supervisors. He said that public informational meetings have been scheduled for June 26, 2000 and July 10, 2000 at the Stonewall Elementary School cafeteria. Winchester City Planning Commission (WPCJ - 06/06/00 Work Session Commissioner Richard C. Ours, liaison to the WPC, stated that as a result of the WPC's work session yesterday, they are ready to pass on to Council the rezoning that would affect the Robinson Elementary School. • AMENDMENT TO AGENDA Chairman DcHaven requested that the agenda be amended to add a subdivision, that was received late by the staff. He suggested that it be added between Items #8 and 49. The Planning Commission concurred with the amendment. PUBLIC HEARING Conditional Use Permit #18 -00 of Merrill K. Hausentluck to operate a Cottage Occupation for Woodworking/ Auctioneering. This property is located at 669 Salem Church Road and is identified with P.I.N.s 85 -A -120 and 85- A -120A in the Opequon Magisterial District. Action - Recommended Approval with Conditions Ms. Amy M. Lohr, Planner II, read the background information and review agency comments. Ms. Lohr stated that the staff has concerns regarding the need for adequate parking, sanitary facilities, and safe ingress and egress to and from the property during auction events. She pointed out that the Commission has 11 Frederick County Planning Commission Minutes of June 7, 2000 Page 517 i -3- the prerogative of conditioning the approval of the permit on the submittal of an approved minor site plan. Ms. ® Lohr added that during application review, it was discovered that the structure in which the business will occur is located on the adjacent property owned by Mr. Hausenfluck. She explained that in order to consider this as a cottage occupation, the accessory structure should be located on the same parcel as the Hausenfluck's home. Ms. Lohr said this may be achieved by either a lot consolidation or a boundary line adjustment. Mr. Reyes asked for an explanation of the staffs concerns regarding sanitary facilities. Ms. Lohr replied that there are no bathrooms in the existing out building. She said that the Health Department has advised that the applicant has the option of renting a port-a john for use during auctions. Mr. Merrill K. Hausenfluck, the applicant and owner, stated that he has already made arrangements with a "Johnny Blue" company. He added that there was plenty of off - street parking. Another member of the Commission asked Mr. Hausenfluck to explain how often he anticipated the auctioning of animals. Mr. Hausenfluck replied that approximately once every two years, he would be auctioning his own animals; he will be using existing facilities to house the animals on both his property and his brother's adjoining property. There were no citizen comments. Based on the infrequency of auctions and the use taking place inside an enclosed structure, the Planning Commission did not believe it was necessary for the applicant to submit a site plan. Commission members believed that adequate parking and sanitary facilities had been adequately addressed by the applicant. Upon motion made by Mr. Ours and seconded by Mr. Thomas, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #08 -00 for Merrill K. Hausenfluck to operate a Cottage Occupation for Woodworking/ Auctioncering at 669 Salem Church Road with the following conditions: 1. All review agency comments must be complied with at all times. 2. All woodworking shall occur and be stored inside a completely enclosed structure. 3. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four square feet in area. I 4. No more than four auctions shall be held in one calendar year. 5. All auction items, excluding animals and large farm machinery, are to be stored inside a completely enclosed structure when not being displayed for auction purposes. 6. Approval of this conditional use permit shall be granted at the time when the primary dwelling and accessory structure are located on the same parcel, thereby meeting the requirements of a cottage occupation. Frederick County Planning Commission Minutes of June 7, 2000 Page 518 -4- 7. Any change of use or expansion of the approved cottage occupation shall require a new conditional • use permit. Conditional Use Permit #09 -00 of Willard and Joyce Umbenour to operate a Cottage Occupation for a television repair service. This property is located at 160 Grasshopper Lane and is identified with P.I.N. 34 -A -25A in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Mr. Mark R. Cheran, Planner 1, presented a letter from Mr. Michael R. Boden and Ms. Ruth C. M. Boden, residents at 142 Grasshopper Lane, who did not object to the existing TV repair service, but were opposed to over -the- counter sales because of the amount of traffic this would generate on their 22' -wide gravel right -of -way. Mr. Cheran proceeded to read the background information and review agency comments. Members of the Commission asked for the distance to the nearest paved road. Mr. Willard Umbenour, the owner and applicant, believed the proposed repair service was 1,500' off of Brucetown Road. Mr. Umbenour said that 99% of his business takes place in his customers' homes. In response to other Commissioners' questions, Mr. Umbenour said that occasionally, customers will drop off televisions for repair at his home. He stated that his sign was located within the right -of -way. He said that two other residents, besides himself, use the same lane and he has been in business for three to four years. Mr. Umbenour said that he is satisfied with the condition of allowing only service and no "over- the - counter" sales. • Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. John Owens, resident at 2028 Bmcetown Road, said that he owns 40 acres along Grasshopper Lane and has recently purchased another 44 acres at the end of Grasshopper Lane. Mr. Owens stated that along with himself, he is representing his son and daughter, who both have homes along Grasshopper Lane. Mr. Owens supported the conditional use permit request of Mr. Umbenour. He added that they have not had any problems with traffic or any other aspect of Mr. Umbenour's business. Mr. Michael R. Boden, resident at 142 Grasshopper Lane, stated that Mr. Umbenour has an advertisement in the "Valley Trader" for "sales of new and used TVs and VCRs from $49.95 and up." Mr. Boden said this was the reason he asked for a stipulation that there be no over- the - counter sales. He said that Grasshopper Lane is narrow; there is not enough width for two cars to pass each other, and he did not think it would accommodate a lot of traffic. Mr. Boden said that he has no problems with the repair side of the business. Mr. Light moved that Mr. Bodcn's letter be made a part of the official record. This motion was seconded by Mr. Ours and unanimously passed. i Commissioners were of the opinion that because this conditional use was located on a shared, very narrow driveway serving three properties and because of the potential for increased traffic, "over -the- 0 Frederick County Planning Commission Minutes of June 7, 2000 Page 519 -5- counter" sales should not be permitted. • Upon motion made by Mr. Light and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #09 -00 of Willard and Joyce Umbenour to operate a Cottage Occupation for a television repair service at 160 Grasshopper Lane with the following conditions: All review agency comments shall be complied with at all times. Any proposed business sign shall conform to Cottage Occupation sign requirement' ; the sign shall not exceed four square feet. 3. Any change of use or expansion of the business will require a new Conditional Use Permit. 4. No "over- the - counter" sales are permitted. PUBLIC MEETING Site Plan #06 -00 of OTAN (Outreach to Asia Nationals), per Condition #2 of Conditional Use Permit 919- 99, for a humanitarian aid organizational office. This property is located at 261 Bethany Hill Drive and ® is identified with P.I.N. 30 -7 -10 in the Gainesboro Magisterial District. Action - Approved Mr. Mark R. Cheran, Planner I, said that Outreach to Asia Nationals (OTAN) applied for a Conditional Use Permit for a humanitarian aid organizational office (CUP # 19 -99) and approval of the CUP was conditioned upon the submittal of an approved site plan. Mr. Cheran stated that the site plan as presented meets all of the requirements of the Zoning Ordinance. Mr. Cheran proceeded to point out the details of the Plan to the Commission. Members of the Commission questioned if the magnitude and size of the proposed building and parking lot was consistent with the Conditional Use Permit. Mr. Cheran replied that the conditions of the CUP stipulated that there be no more than 15 employees and no more than two full -time residents on the property. He added that the number of parking spaces have been calculated correctly on the site plan for this number of employees. Mr. Claus Bader of Greenway Engineering, the engineering/ design firm for the project, was present as the representative for OTAN. Mr. Bader said that OTAN is a religious -based organization that seeks to reach out to the people of Asia, China, Nepal, and Tibet. Mr. Bader proceeded to give the Commission a brief overview of what the OTAN organization does. He stated that the Health Department permit is for 15 employees. E , Frederick County Planning Commission Minutes of June 7, 2000 Page 520 Mr. Kris C. Tierney, Planning Director, explained that two years ago, the County was approached by OTAN to establish this use in the RA (Rural Areas) Zoning District. Mr. Tierney said the proposal generated a great deal of discussion as to the appropriateness of what was perceived as a business use in the rural part of the County. He said that ultimately, the ordinance was amended to allow "humanitarian aid organizations" in the RA District with conditions. Mr. Tierney added that at the time OTAN's conditional use permit was approved, the Planning Commission stipulated that a site plan be submitted and reviewed by the Commission. There were no citizen comments. No issues were raised by members of the Commission. Upon motion made by Mr. Morris and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #06 -00 of OTAN (Outreach to Asian Nationals) for a humanitarian aid organizational office at 261 Bethany Hill Drive per Condition #2 of Conditional Use Permit # 19 -99 by the following majority vote: YES (TO APPROVE) Fisher, Kriz, Marker, Light, Morris, Unger, DeHaven NO: Miller, Ours, Thomas, Wilson 40 Request for a Waiver of the Requirements of Section 144- 25.B., Utilities and Easements, of the Subdivision Ordinance by Dawson Investments. The property is located at 150 Dawson Drive in the Dawson Industrial Park and is identified with P.I.N. 63 -8 -2 in the Back Creek Magisterial District. Action - Recommend Approval with Condition Ms. Amy M. Lohr, Planner II, said that a request has been received from Mr. C. Bruce Dawson of Dawson Investments to permit a waiver of the requirements of the Subdivision Ordinance, Section 144- 25.B., Utilities and Easements, which specifies that all electric, telephone, and cable television lines be installed underground. Ms. Lohr reported that overhead electric was installed to service a 1,800 square foot maintenance shed located to the rear of the American W000dmark facility in the Dawson Industrial Park on Lot 2. She said that the maintenance shed is a permanent structure intended to house maintenance materials for the industrial park. Ms. Lohr continued, stating that the applicant believes the existing subsurface rock in the area would increase the cost of underground installation beyond that of the entire electrical system. She said that the applicant has also stated that further development is planned for this parcel. Ms. Lohr said that this future development is subject to the requirement of underground utilities. She said that with this in mind, it is the staff's recommendation that overhead electric be permitted to serve the existing building until such time as underground electric is installed to accommodate the future development. I C� Frederick County Planning Commission Minutes of June 7, 2000 Page 521 pr -7- Mr. C. Bruce Dawson, the applicant, stated that he intends to submit a site plan for an additional building on this same lot, to be built in phases up to 50,000 square feet, which will be served by underground utilities. He noted that the electric serving the entire property runs within 30 feet of the maintenance building down the north property line. He preferred to leave the overhead line on the maintenance building because it was not easily seen and, in addition, the area was solid rock and, therefore, expensive to dig through. There were no citizen comments. Commission members agreed with allowing the overhead line to the maintenance shed to remain temporarily, but to be consistent with the appearance of the remainder of the industrial park, they believed the line needed to be buried when the future construction occurred. Upon motion made by Mr. Thomas and seconded by Mr. Unger, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend to the Board of Supervisors that the temporary electrical line be allowed to remain in place until Lot 2 is further developed; however, when the additional structure on Lot 2 is connected, the maintenance building will also be connected with underground utilities and the overhead line will be eliminated. Subdivision #06 -00 of Alex D. Simpson to create two lots from a 10.5 -acre tract of land. This property . is located in Shawneeland (Emerald Lake Tract) and is identified with P.I.N. 49A2 -3 -19B in the Back Creek Magisterial District. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, stated that the parcel proposed to be subdivided is located in an area internal to Shawneeland known as Emerald Lake. He said that the parcel is zoned R5 (Residential Recreational Community) and lots within the R5 District follow the same requirements as the RP (Residential Performance) District. Mr. Ruddy said that the subdivision as submitted generally satisfies the requirements of the Subdivision Ordinance, however, access to the subdivision is a concem: He explained that access to all developments within R5 communities are required to be via State - maintained roads and the proposed subdivision only has access to the roads within Shawneeland, which are maintained by the Shawneeland Sanitary District. Mr. Ruddy said that due to the location of the proposed subdivision, it would be appropriate to waive the State road access requirement of the Zoning Ordinance, allowing the extension of existing private roads as enabled in Section 165 -77.1. of the ordinance. Mr. Alex D. Simpson, the applicant, was available to answer questions from the Commission. There were no citizen comments. Commissioner Miller noted that the Shawneeland Sanitary District Manager's signature appears on this subdivision plat, indicating approval of the subdivision by the Shawneeland Sanitary District. • Frederick County Planning Commission Minutes of June 7, 2000 Page 522 -8- Commissioner Miller said that if the Sanitary District signs a plat, then they are agreeing that the subdivision is appropriate for Shawnecland and they accept responsibility for the road. Commissioner Miller moved to recommend approval of the waiver from requiring a state - maintained road because the roads in Shawnecland are Sanitary District - maintained roads. This motion was seconded by Mr. Ours. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver of the requirements of Section 144- 25.B., Utilities and Easements, of the Subdivision Ordinance as requested by Alex D. Simpson based on the fact that the Shawnecland Sanitary District is responsible for road maintenance within Shawnecland and, secondly, the Sanitary District Manager has signed the plat, indicating the District's approval of the subdivision. Subdivision Application #07 -00 of Thomas C. Baker and Thomas C. Glass, Partners (t a TOMS) for the subdivision of a 19.4008 -acre tract, zoned B2, into three lots for commercial use. This property is located adjacent to Valley Pike (Rt. 11 South) and Route 839, in the Back Creek Magisterial District. Action - Recommended Approval Mr. Gene E. Fisher said that he would abstain from all discussion and vote on this subdivision application due to a possible conflict of interest. r Mr. Michael T. Ruddy, Zoning Administrator, stated that there were nI objections to the proposed subdivision by any of the reviewing agencies. Mr. Ruddy stated that the 19 -acre parcel has frontage on both Valley Pike (Rt. 1 I So.) and Route 839 and primary access to the proposed three parcels would be provided via Route 839. He said that the potential may exist in the future for Lot 3 to have a modified access to Route 11, such as a "right in/ right out" movement. He explained that a "Category Ai' buffer is required and all utilities must be installed underground. There were no citizen continents. No issues of concern were raised by the Planning Commission and they believed the subdivision generally satisfied the requirements of the Subdivision Ordinance. Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #07 -00 of Thomas C. Baker and Thomas C. Glass, Partners (t/a TOMS) for the subdivision of a 19.4008 -acre tract, zoned B2, into three lots for commercial use. (Note : Mr. Gene E. Fisher abstained from voting.) r 1 LJ Frederick County Planning Commission Minutes of June 7, 2000 Page 523 i WR • DISCUSSION ITEMS Discussion of Route 522 Relocation Ms. Amy M. Lohr, Planner II, stated that the Winchester Area Transportation Study (WATS) recommends that the current intersection of Front Royal Pike (Rt. 522) and Millwood Pike (Rt. 50/17) be relocated because the increasing traffic volume associated with the developing commercial corridor in this area has produced congestion that diminishes the intersection's safety and efficiency. Ms. Lohr stated that, in addition, the 1 -81 Improvement Study includes plans to reconfigure the interchange at Route 50/17, which will result in additional lanes and increased traffic traversing the intersection. She said that the traffic analysis performed with the I -81 Study indicates that the relocation of Route 522 would enable the interchange to function at a higher level of service and safety. Ms. Lohr next reviewed each of the alternatives available to the Commission, Alternative A, which included two options, and Alternative B. Ms. Lohr stated that Alternative A 1 would directly follow the existing Ryco Lane right -of -way and Alternative A2 would also follow the Ryco Lane right -0f - -way, but would be shifted slightly to the cast to align directly with Purdue Drive (Rt. 796). She explained that Alternative B would result in the intersection of Routes 522 and 50/17 occurring further east at the existing Prince Frederick Drive (Rt. 781). Ms. Lohr stated that the Transportation Committee endorsed Alternative B at their meeting on April 4, 2000. Representatives of VDOT, Mr. Jerry Copp, Resident Engineer, and Mr. Norman Sparks, Assistant Resident Engineer, were available to answer questions from the Commission. Mr. Copp stated that . all three options were feasible. Mr. Copp said that VDOT envisions a right-turn-only intersection where vehicles traveling on Route 50 East would be permitted to make right -hand turns onto Route 522. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Gene Groves, the owner of the Winchester Harley Davidson stated that either option of Alternative A would probably displace his business. Mr. Groves asked that the Commission provide him with some type of time frame on when this would occur. The Planning Commission reviewed the proposed alternatives and expressed concern regarding the disruption of existing businesses and believed that such disruption should be mitigated, if possible. Following discussion, the Commission was most in favor of Alternative B, which would result in the intersection of Routes 522 and 50/17 occurring further east than Alternative A, at the existing Prince Frederick Drive (Rt. 78 1) right -of -way. It was noted that this intersection would be closer to the ultimate intersection of the connector road planned through the Oakdale Crossing III/ Ravenwood/ Reavenoaks/ Ravenwing Master Development Plan and Route 50/17, and, in addition, this option would include rebuilding Route 781 on the north side of Route 50 to eliminate the skewed intersection. Upon motion made by Mr. Ours and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse • Frederick County Planning Commission Minutes of June 7, 2000 Page 524 10- Alternative B for the Route 522 Relocation. Alternative B would result in the intersection of Routes 522 and • 50/17 occurring further east at the existing Prince Frederick Drive (Rt. 78 1) right -of -way. This intersection would be clsoer to the ultimate intersection of the connector road planned through the Oakdale Crossing IIU Ravenwood/ Reavenoaks/ Ravemving Master Development Plan and Route 50/17, and, in addition, this option would include rebuilding Route 781 on the north side of Route 50 to eliminate the skewed intersection. Discussion of Proposed Amendments to the R5 (Residential Recreational Community) District. Mr. Michael T. Ruddy, Zoning Administrator, presented for the Commission's review and evaluation, the proposed amendments to the R5 (Residential Recreational Community) District. Mr. Ruddy noted that the Development Review & Regulations Subcommittee (DRRS) has been working on amendments to the Zoning Ordinance that would enable the project known as "Shenandoah" to become a reality. He said that at their meeting of May 17, 2000, the DRRS indicated that the amendments should be forwarded to the Planning Commission for discussion. Mr. Ruddy continued, stating that the staff has had the opportunity to review the revisions that were made by the developer, the Dogwood Development Group, and the design firm, I G. W. Clifford & Associates, Inc., from input received from prior discussions with the DRRS and Commission. Mr. Ruddy said that the staff has incorporated the necessary changes into the existing R5 (Residential Recreational Community) District and RP (Residential Performance) District sections of the Zoning Ordinance and it is the staffs belief that the amendments generally reflect both the desires of the developer and the concerns of the DRRS and Planning Commission. Mr. Ruddy proceeded to review all of the amendments with the Qommission. • Mr. Charles E. Maddox, Jr., P.E., with G. W. Clifford &Associates, Inc., the design - engineering firm representing the developer, presented a list of new revisions to the amendments that had not been included in the Commission's agenda. Mr. Maddox went over his revisions with t9c Commission and answered questions. Two citizens were present to speak about concerns they had associated with the Shenandoah Development. Mr. James Madden, with the Izaak Walton League, wanted to see environmental protection clauses incorporated for the protection of woodlands, steep slopes, and wetlands. He also had concerns and questions about the individual sewage treatment pumps and the potential for pollution of t11c lake. Mr. Robert Pownell, with the Northern Shenandoah Valley Audobon Society, believed commercial areas within the proposed residential recreational community should be rezoned to business. Mr. Pownell also had concerns about some of the environmental issues that Mr. Madden had raised. The revisions presented by Mr. Maddox generated numerous questions and issues from the Planning Commission. Questions were raised about landscaping, residences above commercial space, general merchandise stores, the movie theater, percentage of residents who are not age - restricted, whether school -age children would need to be considered, review of several definitions by the County Attorney, and parking. The Commission believed that all the issues needed to be decided and finalized in a manner that is acceptable to Mr. Maddox, his clients, the staff, and the Commission before the amendments could go to a public hearing. Commission members were of the opinion that significantly more dialogue was needed to resolve the issues. • Frederick County Planning Commission Minutes of June 7, 2000 Page 525 Pr • CANCELLATION OF THE JUNE 21, 2000 MEETING Mr. Kris C. Tierney, Planning Director, stated that there are no pending applications for the Commission's June 21, 2000 meeting. Upon motion made by Mr. Marker and seconded by Mr. Ours, the Commission unanimously agreed to officially cancel the June 21, 2000 meeting. The Planning Commission scheduled a work session to be held on June 21, 2000 at 7:00 p.m. and invited the DRRS and the County Attorney to discuss further the proposed amendments to the R5 (Residential Recreational Community) District. ADJOURNMENT No further business remained to be discussed and the meeting adjoum I at 10:05 p.m, by t unanimous vote. Respectfully submitted, 0 DcHaven, Jr., Chairman Frederick County Planning Commission Minutes of June 7, 2000 Page 526 r