Loading...
PC_09-03-97_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on September 3, 1997. PRESENT: Charles S. DeHavcn, Jr., Chainnan/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; John H. Light, Stonewall District: Robert A. Morris, Shawnee District; Terry Stone, Gainesboro District; Marjorie H. Copenhaver, Back Creek District; George L. Romine, Citizen at Large; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Planner II; Michael T. Ruddy, Planner II; and Rence' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Development Review & Reeulations Subcommittee (DRRS) - 8/28/97 Mtg. Mr. Thomas reported that the DRRS discussed flex -tech development. He said that the committee discussed the Planning Commission's input and other criteria. Joint Frederick County- Stephens Citv Planning Committee - 08/26/97 Mtg. Mr. Thomas reported that the Joint Committee received a presentation from Bridgewater's Town Manager, Mr. Bob Holton, concerning annexation agreements and procedures for towns and counties. Mr. • Frederick County Planning Commission Minutes of September 3, 1997 Page 91 -2- Thomas noted that a written summary of the meeting has been provided to Commission members. Mr. Thomas • explained that Stephens City is interested in annexing some Frederick County land and the Joint Committee has been discussing a boundary adjustment for a number of years, but still has a ways to go. Mr. Thomas said that the Joint Committee will also be talking xvith the Rockingham County Administrator to learn what his vision was, concerning the annexation procedures. AMENDMENT OF PLANNING COMMISSION AGENDA Chairman DeHaven asked Commission members if they would like to add the Woodbrook Village Master Development Plan as an action item under 48 on the agenda. Chairman DeHaven said that Mr. Maddox has information that he would like to share with the Commission. Upon motion made by Mr. Thomas and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to amend their September 3, 1997 agenda to add Woodbrook Village as an action item under Number 8. PUBLIC HEARINGS: • Conditional Use Permit 11010 -97 of T. P. and Susan Goodman to conduct the following activities at the Hackwood house and property: social center, catered functions, tours, meetings, outdoor recreation, etc. The property is located at 534 Redbud Road and is identified with P.I.N. 54 -A -87 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Chairman DeHaven said that he would be abstaining from discussion and voting on this item due to a business relationship and he requested that Vice Chairman Marker chair the meeting. Mr. Evans, Zoning Administrator, stated that the applicant wishes to use the structure and property as a social center and for catered functions such as weddings, receptions, corporate retreats, recreational activities, and other social gatherings. Mr. Evans said that the applicant has stated that all functions will be handled by Encore Special Events, a small company with a staff of wedding planners, bakers, chefs, floral designers and event managers. Mr. Evans said that VDOT has reported that site distance is not obtainable to allow for the construction of a commercial entrance without major reconstruction of the roadway; and, the Health Department will need to evaluate the existing sewage disposal system, which may require the expansion of the existing system or the installation of a new system in order to provide adequate facilities. He added that a site plan will be required showing adequate parking facilities for both automobiles and buses, a commercial entrance, and other required information. Mr. Evans read the five conditions for approval recommended by the staff. • Frederick County Ilanning Commission Mimacs of September 3, 1997 Page 92 -3- Mr. T. P. Goodman, the owner and applicant, came forward to address VDOT and Health .. Department comments. Mr. Goodman said that he spoke with VDOT representatives about the entrance and he is going to move back the posts and pillars to make the entrance as wide as possible, however, he only has a 60' wide right -of -way at the entrance on Rcdbud Road. He said that fire company vehicles have been in and out of his lane several times and they did not seem to have a problem. Mr. Goodman added that he preferred not to have large tour buses going down his driveway because they would ruin his driveway. Regarding health issues, Mr. Goodman said that the existing 2,000 gallon septic tank will accommodate 100 people; and, if he installs 1.6 gallon toilets, it will give him an even greater capacity. Mr. Goodman said that he has enough room to expand the septic field, if at some point in the future it was needed. He said that lie understood from the Health Department that he will be allowed to bring in portable toilets for large gatherings. Mr. Goodman requested that the staffs recommended condition on limiting the hours of music be removed. He said that the type of music they've had in the past consisted of a quartet on the porch. He said that there will not be any rock music and lie did not believe the music would present a problem. Mr. Goodman added that the Hackwood house was certainly not a house that someone would warn to live hn; for example, there was no central air conditioning and it was nearly impossible to install it, and the electrical service would not handle all the electrical needs most people want. He said that he needed to find some way to make the house a viable income producer, at least enough to maintain it. Vice Chaimnan Marker called for public comments and the following persons came forward to speak: • Mr. Robert Carter, the Director of the Virginia Department of Historic Resources at the Winchester Office, said that Mr. Goodman asked him to speak on this application from the point of view of historic preservation and the community's interest in heritage stewardship. Mr. Carter said that the use of Mr. Goodnan's property for corporate and community gatherings and events is compatible with the historic character of the Hackwood House and its setting. He said that Mr. Goodman's proposed use will mean that an increasing number of people in this community and visitors to this community will be able to enjoy Hackwood and benefit from its historic preservation. Mr. Carter said that Mr. Goodman's sense of stewardship towards his historic properties, and he owns more thanjust this one, is exemplary and deserves this community's encouragement and support. Mrs. Ruth McBride, a resident of Rcdbud Road, came forward to speak in opposition. Mrs. McBride said that her home adjoins the Hackwood property, the entrance to Hackwood is at the comer of her front yard, just 70' from her deck. She said that the driveway runs alongside her yard for 180'. Mrs. McBride said that buses cannot make it through the Hackwood stone pillars to the driveway and the tour buses park and stay running along Redbud Road, putting out fumes and noise and creating a traffic hazard. Mrs. McBride was concerned about the increased traffic. She also presented one of the flyers produced for the Hackwood property, which stated that groups of 300 -500 or more people may be served. Commission members asked Mr. Goodman if he envisioned any civil war enactments on the property that would draw more than 300 people. Mr. Goodman replied that he has only 20 acres. He said that the City and the battlefield association own all the property around him. Mr. Goodman said he understood that the Citv would like to sell some of the residue land to the battlefield people. \J Frederick County Planning Commission Minutes of September 3, 1997 Page 93 -4- • Members of the Commission commended Mr. Goodman for his appreciation of the historic worth of the Hackwood property. The main concern of the Commission was that buses or vehicles do not park along Redbud Road and they stated that all parking needs to be on -site. They were also concerned that the sewage disposal facilities would be adequate to accommodate the numbers of people anticipated. Mr. Romine moved to approve the Conditional Use Permit with only three of the conditions recommended by the staff. This motion was seconded by Mr. Morris. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #010 -97 of T. P. and Susan Goodman to use the Hackwood House and property as a social center and for other activities such as catered functions, tours, meetings, outdoor recreation, etc. with the following conditions: Applicant will obtain approval from all agencies, including VDOT's requirement for a commercial entrance, and comply with agency comments at all times. Any change of use or proposed expansion of the facilities shall require a new conditional use permit and amended site plan. A site plan shall be submitted and approved by the County. The vote on this recommendation was: • YES (TO APPROVE) Miller, Stone, Ours, Thomas, Romine, Marker, Copenhaver, Light, Morris ABSTAIN DcHavcn (Mr. Wilson was absent.) Conditional Use Permit #012 -97 of Michael M. Milam to operate a landscaping and garden center business. This property is located 2186 Northwestern Pike and is identified with Property Identification Number 52 -A -B in the Gainesboro District. Action - Recommended Approval with Conditions Chairman DcHaven did not participate in discussion or voting on this application due to a business relationship and Vice- Chairman Marker conducted this portion of the meeting. Mr. Evans, Zoning Administrator, stated that landscape contracting businesses and retailing or wholesaling of nursery stock and related products are a permitted use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. He said that the staff was recommending approval of the permit, if the applicant can provide the required commercial entrance and sewage disposal facilities per VDOT and the E Frederick County Planning Commission Minutes of September 3, 1997 Page 94 -3- Health Department. Mr. Evans added that the use proposed should not adversely affect the surrounding • neighborhood. Mr. Michael M. Milani, the applicant and owner of Milam's Landscape and Garden Center, came forward to answer questions from the Commission. In response to a question of whether this was an existing business, Mr. Milani replied that it was and he has been in operation since November of 1996. In response to a question of whether Mr. Milani understood Condition 45 pertaining to signage, Mr. Milan said that he was not aware that his sign was larger than permitted by the ordinance. Mr. Miller asked Mr. Milan if he obtained a permit for the sign before he erected it and Mr. Milani said that he did not. Mr. Miller also asked if Mr. Milani was aware that he needed a permit before starting his business and Mr. Milani said that he was not aware of that. Mr. Miller reminded Mr. Milani of a prior discussion they had regarding a previous location out on Cedar Creek Grove. Mr. Milani said the Cedar Creek Grove location was in regard to a residential house and he was operating in an agricultural orchard. Mr. Milam said that apples had previously been sold there and he did not think he was in violation. Mr. Morris questioned the necessity of restating what is already in the ordinances as conditions for a Conditional Use Permit. He believed the conditions should be reserved for things that truly are exceptional items. Mr. Miller felt that the condition regarding signs was appropriate in this case because there was a problem with signs being placed in the highway right -of -way up and down the road adjacent to this business. Since Mr. Milan was currently operating illegally, the staff and Commission felt it was necessary to bring the business in compliance with VDOT and Health Department requirements as quickly as possible and, therefore, recommended that Mr. Milani comply with those agencies within 60 days as stated in the • conditions. There were no public comments. Mr. Miller moved to approve the Conditional Use Permit with all the conditions recommended by staff. This motion was seconded by Mr. Thomas. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #012 -97 of Michael M. Milani to operate a landscaping and garden center business with the following conditions: 1. All review agency comments must be complied with at all times. 2. A minor site plan shall be approved by the County. 3. A commercial entrance meeting VDOT requirements shall be constructed and approved within sixty (60) days of the Conditional Use Pemnit approval. 4. Health Department approval of a sewage disposal system shall be obtained within sixty (60) days of the conditional use permit approval. 5. Any signage for the business must be as permitted by the Zoning Ordinance. • Frederick County Planning Commission Minutes of September 3, 1997 Page 95 -6- The vote for this recommendation was as follows: • YES (TO APPROVE) Miller, Stone, Ours, Thomas, Romine, Marker, Copenhaver, Light, Morris ABSTAIN DeHaven (Mr. Wilson was absent.) Conditional Use Permit #013 -97 of Lisa A. Drinkwater to operate a dog kennel (without boarding). The property is located at 1571 Salem Church Road and is identified with P.I.N. 92 -A -47 in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Evans, Zoning Administrator, stated that dog kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit. Mr. Evans said that the applicant wishes to have the kennel for tier own personal dogs and possibly, in the future, she may breed some of the dogs to sell. Mr. Evans explained that Ms. Drinkwater would not need a permit just to house her own dogs; however, since she may breed dogs to sell in the future, that use falls under the definition of a kennel in the ordinance. He said that the site is isolated and well - screened, on 100+ acres, and the staff is recommending approval with conditions. Ms. Lisa A. Drinkwater, the applicant, said that she owns eight dogs and she wants a small, • private kennel for her own personal dogs. Ms. Drinkwater said that she has no intentions of boarding other peoples' dogs. She said in the future, she may want to breed her own dogs for one or two litters a year, nothing more than that. She said that she has no problems with the conditions suggested by the staff. Commission members believed that there should be a limit on the number of dogs the applicant would be permitted to have on the site. Commission members asked Ms. Drinkwater if she had any problems with the Commission imposing a 30 -dog limit on her Conditional Use Permit and she replied that number would be satisfactory. No other areas of concern were raised by the Commission. There were no public comments. 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 #013 -97 of Lisa A. Drinkwater to operate a non - boarding dog kennel with the following conditions: 1. All agency comments should be complied with at all times. 2. This perut is for a kennel (non - boarding) only. Only dogs owned by the owner will be boarded in the kennel at any time. 3. All associated materials and supplies shall be stored inside. u Frederick County Planning Commission Minutes of September 3, 1997 Page 96 -7- • 4. All requirements of the Frederick Coolly Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. All dogs /animals kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by either barking or roaming free. All dogs should be placed inside a building by 9:00 p.m. 6. There shall be a 30 -dog limit at the kennel. The Route 37 Land Use Plan. This plan is for the Route 37 West area, from Route 522 North to Route 50 West, and recommends the extension of the Sewer and Water Service Area to encompass a portion of the study area and identifies needed road connections and improvements. Action - Recommended Approval • Mr. Eric Lawrence, Planner II, stated that the staff has been working with the Comprehensive Plans and Programs Subcommittee (CPPS) to develop a land use plan for the area west of Route 37, between Routes 50 and 522, consisting of approximately 645 acres. He said that the plan was discussed with the Board of Supervisors and Planning Commission at a joint worksession in July. Mr. Lawrence described the two different proposed land use concentrations: a Route 522 North business corridor concentration, and a Route 37 area business /office campus use concentration. There were no public comments. No issues of concern were raised and the Commission endorsed the plan as presented. Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Conunission does hereby recommend approval of the Route 37 West Land Use Plan for incorporation in the Frederick County Comprehensive Plan, by the following vote: YES (TO APPROVE) Miller, Stone, Ours, Thomas, Romine, DeHaven, Marker, Copenhaver, Morris ABSTAIN Light (Mr. Wilson was absent.) Master Development Plan 004 -97 of Woodbrook Village for the development of 82 single - family zero lot line homes and 81 multiplex homes. This property is located on the south side of Opequon Church Lane at Kernstown and is identified with P.I.N. 63 -A -39 and P.I.N. 63 -A -40 in the Back Creek District. Action - Reconuncnded Approval with VDOT's Plan for Traffic Control F Frederick Comity Planning Commission Minutes of September 3, 1997 Page 97 - 8 - Chairman DeHaven announced that it was decided by formal motion at the beginning of the • meeting to adopt the Woodbrook Village Master Development Plan into the Commission's agenda as an action item. Chairman DeHaven stated that his understanding of the County Attorney's interpretation of the Cormnission's previous motion is that the previous motion is now null and void. He said that the Commission needs to clarify its motion to the Board of Supervisors and send it forward. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for this project, stated that VDOT, using their Staunton personnel, conducted a traffic study and analysis at this location, counting trips during a six -hour period during a typical day and using a computer - generated analysis program. He said their recommendation is that a phasing system, which is the same system worked out in the work with staff and VDOT, would be an adequate solution to the left turn from Route 706 onto Route 11. He said VDOT has stated that the signal is currently operating at Level D (deficient) and as a result of re- phasing the signal, it would operate at a Level C (satisfactory) creating an improved- functioning intersection. There was still concern by members of the Commission about the traffic conflict created by motorists exiting the 7 -11 Store going south and motorists going out of the Church Lane going north, as far as which vehicle has the right -of -way. A question was raised as to whether other adjoining properties to Woodbrook Village may develop and direct traffic through this same intersection. Mr. Maddox said that a study on the Battlefield Park (Grim property) conducted by a consultant for the Comity did not recommend this intersection as an entrance. He said that no other traffic- generating uses were adjoining this proposal. A discussion ensued on traffic generation from this development and its peak hours in relation to both the church's peak hour traffic generation and Route 11's peak hour traffic generation. Mr. Maddox said that the church's peak traffic hour will exceed the peak hour generated from Woodbrook and the peak traffic hour • for the church occurs during a low useage period for Route 11 traffic. It was noted that the Woodbrook Village peak hour traffic generation would occur during non -peak hour traffic flow on Route 11, Monday through Friday. Commission members asked why more consideration was not given to cul- de- sacing an entrance off of Apple Valley into the development, as opposed to exiting onto Route 11, which would eliminate the problems the Conmussion has been debating over. Mr. Maddox replied that the owner felt that the ambiance and design of the project, the goal of which is to blend with the historic character of the area, would be negatively affected. Mr. Maddox said they preferred for the residents to access the downtown area, which is where they would normally want to go, rather than drive all the way around and still have to negotiate an unsatisfactory intersection at the comer of Apple Valley and Route 11. He said it was undesirable to require the older resident user to drive all the way out through a conventional single - family subdivision to access Apple Valley, and then turn. Members of the Commission voiced their support for the development; they felt it was a quality development, and they also commended Mr. Maddox for his efforts in answering the Commission's concerns and developing a solution. However, there were members of the Commission who did not feel the best solution was pursued. They still believed it would be better to access Apple Valley, a roadway that will be continually unproved, and where there was room for a full, signalized interchange with Route 11 that would be continually unproved as both commercial and residential uses dictate. These members of the Commission stated that they could not support Woodbrook's residential trips going out of the proposed intersection, regardless of how well VDOT had addressed the current problem. Mr. Thomas moved to recommend approval of the Woodbrook Village MDP as submitted and • Frederick County Planning Commission Minutes of September 3, 1997 Page 98 9- modified by VDOT's recommended plan for traffic control. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Woodbrook Village Master Development Plan #004 -97 for the development of 82 single - family zero lot line homes and 81 multiplex homes on property located on the south side of Opequon Church Lane at Kemstown with VDOT's recotunended plan for traffic control for the intersection at Route 706 and Route 11, by the following majority vote: YES (TO APPROVE) Copenhaver, Marker, DeHaven, Romine, Thomas, Stone NO: Morris, Light, Ours, Miller (Mr. Wilson was absent.) CANCELLATION OF THE COMMISSION'S SEPTEMBER 17, 1997 MEETING The staff announced that there were no pending applications or items waiting for the Commission's action. Upon motion made by Mr. Miller and seconded by Mr. Morris, the Commission voted unanimously to cancel their September 17, 1997 meeting. • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:40 p.m. by unanimous vote. Respectfully submitted, • 1 is C. Tie ec ry Charles S. DeHaven, Chairman (Jr.) Frederick County Planning Commission Minutes of September 3, 1997 Page 99