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PC_05-06-98_Meeting_Minutes• 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 May 6, 1998. PRESENT: Charles S. DeHaven Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opcquon District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator; and Rence' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - April 1, 1998 & April 15, 1998 Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of April 1, 1998 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of April 15, 1998 were unanimously approved as presented. • Frederick County Planning Commission Minutes of May 6, 1998 Page 198 2- • BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Development Review & Regulations Subcommittee (DRRS) - 04/23/98 Mtg. Mr. Thomas reported that the DRRS discussed the new design standards and how to approach revising the amendment proposal that was not approved. He said the DRRS also discussed the steep slope requirements and the proposed tree ordinance. Historic Resource Advisory Board (HRAB) - 04/21/98 Mtg. Mr. Robert Morris reported that the HRAB reviewed a rezoning request from Allied Wood Products, located on Old Charles Town Road (Route 761) approximately 600' cast of Route I 1 North and • bordering on the Stephenson Depot area. He said that buffering issues to preserve view sheds were primarily discussed. Sanitation Authority (SA) - 04/98 Mtg. Mrs. Copenhaver reported that the SA will soon be raising connection fees. She also reported that the SA will be sending bimonthly bills instead of quarterly bills and those will be mailed in letter -sized envelopes rather than as postcards. PUBLIC HEARINGS Rezoning Application #007 -98 of KDG, L.C., submitted by Painter- Lewis, P.L.C. to rezone 1.0 acres from B1 (Neighborhood Business) to B2 (Business General) District, and 2.58 acres from RA (Rural Areas) to B2 (Business General) District. This property is located on the east side of Front Royal Pike (Rt. 522), 0.72 miles south of Millwood Pike (Rt. 50), and is identified with P.I.N. 64B -A -30 in the Shawnee Magisterial District. Action - Recommended Approval Frederick County Planning Commission Minutes of May 6, 1998 Page 199 -3- Mr. Evan A. Wyatt, Deputy Director, read the background information and review agency • comments. He advised that Front Royal Pike has been improved to a five -lane condition in this area to accommodate additional traffic growth. Mr. Wyatt stated that the applicant has proffered the dedication of land that will assist in the development of a major collector road to connect Front Royal Pike to Millwood Pike; the applicant has proffered to develop a buffer along the BI District properties that are used for residential purposes; and, the applicant has proffered a monetary contribution to mitigate the capital costs for the Greenwood Fire and Rescue Company that is consistent with the results of the Capital Facilities Impact Model. Mr. Wyatt concluded by stating thatthe staff believed the request to rezone the 3.58 -acre tract to B2 is appropriate and the applicant has attempted to mitigate potential impacts through the use of the proffer statement. Mr. John Lewis with Painter - Lewis, P.L.C., the design engineering firm representing this application, stated that infrastructure is in place to accommodate the rezoning and 350' of frontage along Route 522 is available for the 3.5 -acre tract. Mr. Lewis believed this would be the first of several rezonings in this area that will be brought before the Commission. There were no public continents. No issues of concern were raised by the Commission. Upon motion made by Mr. Morris and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 4007 -98 of KDG, L.C., submitted by Painter- Lewis, P.L.C., to rezone 1.0 acres from BI (Neighborhood Business) to B2 (Business General) and 2.58 acres from RA (Rural Areas) to B2 is (Business General) with the proffers submitted and contingent that all review agency comments are addressed. Rezoning Application #008 -98 of Oakerest Builders, Inc., submitted by G. W. Clifford and Associates, Inc. to rezone 25 acres from B2 (Business General) to RA (Rural Areas) District. This property is located at the southwest quadrant of the intersection of Millwood Pike (Route 50) and West Parkins Mill Road (Route 644); and is identified with P.I.N. 77 -A -26 in the Shawnee Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that the applicant did not submit a proffer statement for this rezoning application. Mr. Wyatt said that a proffer statement was submitted with the approval of Rezoning Application 4023 -89 of Oakerest Builders, Inc. on January 10, 1990 which contained eight conditions. He stated that the County Attorney did not feel any addendums to the previous proffer statement containing the eight conditions was necessary, based on this proposal. Mr. Wyatt continued, stating that the purpose of this rezoning is to create a five -acre lot for the existing residential structure. He explained that the proposal will not create additional impacts from this property because the five acres cannot be further subdivided for additional residences. He said that staff believes the rezoning is appropriate provided that the dedication of land along West Parkins Mill Road (Route 644) for future right -of -way improvements, as stated in Condition # 1 of the Rezoning Application 4023 -89 proffer statement, is provided during the platting process for the future five -acre lot. • Frederick County Planning Commission Minutes of May 6, 1998 Page 200 4- Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc., the design engineering firm representing this rezoning, was available to answer questions from the Commission. Commission members inquired if the existing residence had an operative septic system. Mr. Gyurisin replied that it did. Mr. Gyurisin said that Inspector Doug Dailey of the Health Department inspected the septic system and found it to be in good operation. No other areas of concern were raised by the Commission. There were no public comments. Upon motion made by Mr. Wilson and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #008 -98 of Oak Builders, Inc., submitted by G. W. Clifford & Associates, Inc., to rezone 2.5 acres from B2 (Business General) to RA (Rural Areas) contingent that all review agency comments are addressed. PUBLIC MEETING Master Development Plan 4002 -98 of the Coca -Cola Bottling Facility, submitted by Central Coca -Cola • Bottling Company, for the development of a 63.5052 -acre tract to operate a bottling facility. This property is located west of the intersection of Shady Elm Road (Rt. 651) and Apple Valley Road (Route 652) and is identified with P.I.N.s 63 -A -58 and 63 -A -59 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt stated that the applicant has proposed to disturb the entire 0.06 acres of man -made steep slope on this property to accommodate the construction of the regional stormwater management facility and the earth berm along Apple Valley Road. He said that staff believes the disturbance of this area of steep slope is necessary and will benefit this site and adjoining properties through enhanced stormwater management, and staff would encourage the Commission to forward a favorable recommendation of this waiver to the Board. Mr. Wyatt also stated that the County Engineer has commented that the applicant should provide for stormwater management easements to accommodate the lots within the second phase during the master development plan process. He said that staff believes this information could be demonstrated on the drawing or provided in narrative form, if locations for these casements are not known at this time. Mr. Steve Patton with Triad Engineering, the engineering firm representing the applicant, was available to answer questions from the Commission. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. Lou Bernard with the Bank of Middleburg, the trustee of the Grim Estate, wanted to be Frederick County Planning Commission Minutes of May 6, 1998 Page 201 -5- assured that approval of the master development plan would not negate his company's right to review and come to an agreement on the off -site drainage easement issue. Members of the Commission inquired if there were discussions regarding the signalization at Routes 651/652 and whether the applicant would participate financially if signalization was warranted. Mr. Wyatt responded that according to the proffer statement submitted at rezoning, the signalization issue would be examined and potentially resolved at the site plan review stage; he said that it was agreed that if signalization was warranted at the intersection of Route 11 and Route 652, that Coca -Cola Bottling Company would participate financially. Mr. Morris, the Planning Commission's liaison to the Historic Resources Advisory Board, commended the representatives of the Coca -Cola Company for their willingness to work with the HRAB in discussing issues such as viewsheds and their willingness to work with the HRAB on buffering and screening. Mr. Morris said that the Coca -Cola Company was very amenable to everything the HRAB suggested. Upon motion made by Mr. Light and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan Application #002 -98 of the Coca -Cola Bottling Facility, submitted by the Central Coca -Cola Bottling Company, Inc., for the development of a 63.5052 -acre tract to operate a bottling facility, with a waiver of the maximum disturbance requirement for steep slopes to accommodate the construction of the regional storm water management facility and earth berm along Apple Valley Road, that the storm water management issues be addressed on the site development plan, and that all staff, review agency, Planning Commission, and Board of Supervisors comments be adequately addressed. u Request for Exemption from the Subdivision Ordinance Requirements, submitted by Benjamin M. Butler, for the possible exemption of the 50' right -of -way requirement to create a family lot division on Long Green Lane. The parcel is presently owned by Glynell Little Headley and is identified by P.I.N. 42 -A -256 in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Wilson said that he would abstain from participation in the discussion and the voting of this item, due to a possible conflict of interest. Mr. Eric R. Lawrence, Zoning Administrator, stated that the staff had received a request from Benjamin Butler, on behalf of Glynnell Little Headley, to gain an exemption to the 50' right -of -way width requirement of the Subdivision Ordinance. Mr. Lawrence said that Ms. Headley owns approximately 65 acres just northwest of James Wood High School and she desires to convey 5.36 acres along Long Green Lane to her granddaughter, Gina Headley Wilson, and son -in -law, Troy Wilson, through a family division lot. Mr. Lawrence explained that Long Green Lane is a private road with a variable right -of -way. Mr. Lawrence stated that the Subdivision Ordinance requires that lots be created with a minimum 50' right -of -way width. He said that as Long Green Lane is an existing 15' -20' right -of -way across property owned by others, the request asks that the Board of Supervisors exempt this land division from the 50' Frederick County Planning Commission Minutes of May 6, 1998 Page 202 6- requirement, so that the existing 15' -20' right -of -way may be utilized. Mr. Lawrence said that based on the • location of this land division, the nature of the surrounding properties, and the fact that it is a family division lot, the staff feels the request is reasonable. Mr. Headley was present to answer questions from the Commission. Mr. Headley said that it was not possible to obtain the required 50' right -of -way from adjoining property owners. Mrs. Glynnell Little Headley was also present to voice her endorsement of the request. Planning Commission members stated that the Headleys will be faced with this same issue again with any future land divisions. The Headleys were willing to include a notification on the deed, warning of the perpetual consequences of the lack of a right -of -way. Commission members stated that the notification should state in particular that the road could never be brought up to State standards to be included into the State's system, in its existing format. The Planning Commission's concern was that if the land would pass out of the family at some point in the future, a prospective purchaser should be aware of the situation. Upon motion made by Mr. Light and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request for exemption from the 50' right -of -way requirement of the Subdivision Ordinance in order to create a family lot division on Long Green Lane by Glynnell Little Headley with the stipulation that a note be attached to the deed explaining the situation with the right -of -way. (N ote: Mr. Wilson abstained from this vote.) \J ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 7:35 p.m. by Respectfully submitted, is C. Tieme , ecr a ,2 Charles S. DeHaven, Chairman (Jr. ) • Frederick County Planning Commission Minutes of May 6, 1998 Page 203