Loading...
PC_08-05-98_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 August 5, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Robert A. Morris, Shawnee District; Marjorie H. Copehhaver, Back Creek District; S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: John R Marker, Vice-Chairman/Back Creek District; Roger L. Thomas, Opequon District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Michael T. Ruddy, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JUNE 3, 1998 & JUNE 17, 1998 Upon motion made by Mr. Miller and seconded by Mr. Ours, the meeting minutes of June 3, 1998 were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mr. Wilson, the meeting minutes of June 17, 1998 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the report for the Commission's information. • Frederick County Planning Commission Minutes of August 5, 1998 Page 234 2- COMMITTEE REPORTS • Development Review & Regulations Subcommittee (DRRS) - 07/23/98 Mtg. Mr. Morris, subcommittee member, reported that the DRRS discussed a conditional use permit for a Christian organization to make use of their 51 acres of land for an expanded project for their mission efforts. He said that the DRRS also informally discussed the disturbance of steep slopes. Comprehensive Plans & Programs Subcommittee (CPPS) - 07/08/98 Mtg. & 07/13/98 Mtg. Mrs. Copeniltaver, subcommittee member, reported that the CPPS held a work-session with the Board of Supervisors on July 8, 1998 concerning the South Frederick Land Use Study Area and during that meeting, the boundaries of the study area were changed somewhat. She also reported that the CPPS met on July 13, 1998, where they received a request from Mark Smith of Greemvay Engineering to extend water service to Lynwood Ritter's mobile home development on Route 636. She said that the CPPS did not object to the request because it was only a two -inch water line to supplement the existing well. She said that the CPPS also discussed the Southeast Frederick Land Use Study at that meeting and are trying to set up several public information meetings. 0 Sanitation Authority (SA) - 07/09/98 Mtg. & 07/21/98 Mtg. Mrs. Copen haver, Planning Commission liaison to the SA, reported that the SA held a forum on July 9, 1998 to hear representatives of development, housing, and real estate voice their concerns about the proposed fee increases. Mrs. Copenhaver reported that the SA also met on July 21, 1998, and topics included: 1) a resolution passed to bid the Rt. 642/ Rt. 522 water line and the Hogue Run intercepter; 2) adoption of the lee increases; and 3) granting permission to Ronald Walter of Valley Avenue Rental Properties at 3186 Valley Pike to hook onto City sewer. Joint Frederick County/ Stephens City Planning Committee - 07/28/98 Mtg. Mr. Tierney reported that the Town has drafted a proposed agreement on the proposed boundary line adjustment, which will be reviewed by the County Attorney. Mr. Tierney said that the staff will compile a summary for the Planning Commission and Board of Supervisors describing the process. E Frederick County Planning Commission Minutes of August 5, 1998 Page 235 -3- ® PUBLIC HEARING Conditional Use Permit #003 -98 of America House Assisted Living for an assisted living facility. The property is located northeast of Stephens City on the south side of Tasker Road (Rt. 642), 1,000' east of Aylor Road (Rt. 647) and 4,000' west of White Oak Road (Rt. 636) and is identified with P.I.N. 75 -A -104 in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Michael Ruddy, Planner 11, stated that the property is a part of the recently approved "Land Bays" residential master development plan and the location of this proposed facility is consistent with the design of the master plan, in particular, the design of Land Bay 1. He slated that an engineered site plan will be required for the construction of the facility and will need to address all the concerns of the reviewing agencies and requirements of the Zoning Ordinance. Mr. Ruddy said that a road efficiency buffer is required along Tasker Road and a residential separation buffer is required adjacent to the residential uses of Frederick Woods Subdivision. He said that the Planning Staff is recommending that, in providing the required full screen, the applicant implement an earthen berm onto which the landscape elements are placed; a significant earthen berm already exists along Tasker Road and a modification of this, along with an earthen berm adjacent to the residential uses, will fulfill the opaque element requirement of the full screen and will provide a permanent, natural buffer that would significantly mitigate the impact of the facility on the adjoining residential properties and road right - of -way. Mr. Richard Opal, Senior Vice President of America House Assisted Living, introduced himself and Mr. Charles Rice, the owner of the company, and Mr. Charles Engleheart architect and land planner. Mr. Opal informed the Commission of the various locations in which they have existing facilities and where they are planning future locations in Virginia. He also described the services this proposed facility will provide. Mr. Charles Engleheart, architect and land planner, described the floor plan of the facility. He said that the entrance will be off Spanish Oak Road. Mr. Engleheart stated that they calculated one parking space for every three rooms, of which there are 35 rooms total, and one parking space for the resident manager, He said that this calculation totals 13 parking spaces and they have provided for 19 spaces. Mr. Engleheart said that if the staff decides that additional parking spaces are needed, they will be able to provide them. Questions from the Commmission included whether Spanish Oak Road would serve this facility exclusively and whether the applicants anticipated providing a higher level of care at this facility in the future. Mr. Englelmeart replied that physical expansion of the facility was not possible on this particular site because of the required setbacks. Mr. Charles Rice, the owner of the company, said that operational design, staffing, and support are all in place, should it be decided that more intensive care will be provided. Mr. Rice explained that it is an administrative process to make the facility intensive or not. He said that the building design is important; however, even more important, are the policies and procedures and the level and quality of staff. He added that they are planning to place about 20 facilities throughout the smaller communities of Virginia. He said that their company is privately owned. There were no public comments. 11 Frederick County Planning Commission Minutes of August 5, 1998 Page 236 -4- Comnvssioners next discussed whether a change in the level of care would constitute a change is in the conditional use permit and whether this situation should be addressed with an additional condition to the permit. Commissioners did not foresee a change in impacts, if this occurred, and decided an additional condition was not necessary. Upon motion made by Mr. Miller and seconded by Mr. Wilson, • BE IT RESOLVED, That the Frederick County Planting Commission does hereby unanimously recommend approval of Conditional Use Permit #003 -98 of America House Assisted Living for an assisted living facility with the following conditions: 1. All review agency conunents must be addressed and complied with at all times. 2. A site plan shall be approved by the County. 3. A six -foot high earthen bens shall be constructed to meet the opaque requirements of the residential separation buffer. 4. Any expansion of this facility will require a revised conditional use permit and a revised site plan. 5. Applicant must comply with all requirements of the state and county codes pertaining to assisted living care facilities. Conditional Use Permit #004 -98 of Wenzel R. and Glenda F. Dousa for a natural miniature golf course (seasonal). The property is located at 154 Gainesboro Road, and is identified with P.I.N. 29 -A -73C in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Michael T. Ruddy, Planner II, read the background information and review agency comments. He reported that there were no significant issues raised by any of the reviewing agencies, however, an engineered site plan will be required for the development of this facility. Mr. Ruddy also reported that the County Administrator has issued a pump and haul sewage disposal permit for this operation, as there is no water or sewer on the property. Mr. Ruddy said that in keeping with the rural nature of the Gainesboro Community Center, the staff has recommended limitations on the size of on- premise business signs. Mr. Ruddy said that the staff has recommended approval with conditions. Mr. Wenzel R. Dousa and Mrs. Glenda F. Dousa came forward to describe the proposed operation and answer questions from the Commission. Also present was the Dousa's general contractor, Mr. Kencs of Kenes Landscaping. Commission members unformed the Dousas that North Frederick Pike (Rt. 522) was a Federally - funded primary highway and as such, placement of any signs along Route 522 would require VDOT's approval. They also informed the Dousas about the history of the property -- that the existing building was constructed Frederick County Planning Commission Minutes of August 5, 1998 Page 237 5- illegally, without a permit; the building was contracted in violation of the setbacks; and as such, it impinges on the adjoining Th also pointed out that the building was eventual g iven a Certificate of Occupan J geY P g Yg P cY as a "residential storage building." Mrs. Dousa said that they were aware of the history and problems with the building and they have been working with the Building Official to do whatever was necessary to bring the building into compliance. Commission members inquired as to whether refreshments would be sold. Mrs. Dousa replied that they did not want to get into the food industry in any way, however, they would probably provide a few vending machines for soda and candy. She said that the reason they applied for use of the building was because they were thinking of expanding on the miniature golf course to include corporate, birthday, and family parties, where a group could come in and play for the day. Mrs. Dousa added that if someone wanted food on the premises, the customer could arrange on their own to have a caterer bring the food in. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. and Mrs. Edward R Fowler, adjoining property owners at 140 Gainesboro Road, requested that instead of the applicant placing pine trees along their property line, they preferred that shrubbery be used. The Fowlers said that by screening their western and northern property lines with pine trees, in addition to the existing block building, they would feel too "boxed -in." The Dousas were agreeable to accommodating the Fowler's request. The staff advised the Commission that in the RA Zoning District, there arc no buffer or screening requirements; in light of the proposed business, the staff had recormended implementation of a full screen, however, they pointed out that ® the Commission had the ability to modify the recommended condition as they desired. Planning Commission members were in favor of waiving the buffer condition for a full screen along the Fowler's property line. Conmussioners discussed the issue in the event the Fowlers moved out and new property owners moved in. It was pointed out that anv new homeowners would be aware of the situation before they purchased the property. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 4004 -98 of Wenzel and Glenda Dousa for a commercial outdoor recreation - miniature golf facility at 154 Gainesboro Road with a waiver of the full screen condition along the Fowler's property line and the following conditions: I. All review agency comments must be addressed and complied with at all times. 2. A site plan shall be approved by the County. 3. A full screen shall be provided adjacent to the adjoining residential properties (with the exception of the Fowler's property line). 4. Any on- premise business sign along North Frederick Pike shall be limited to a maximum of 50 square feet in area. Any on- premise sign along Gainesboro Road shall be limited to a maximum of 20 square E Frederick County Planning Commission Minutes of August 5, 1998 Page 238 -6- feet in area and ten feet in height. ® 5. Commercial entrances shall be located along Gainesboro Road 6. Any expansion of use or change of use would require a new conditional use permit. OTHER CANCELLATION OF THE AUGUST 19, 1998 PLANNING COMMISSION MEETING Chairman DeHaven announced that no action items were pending for the next regularly scheduled meeting of the Planning Commission. Upon motion made by Mr. Miller and seconded by Mr. Wilson, the Commission unanimously voted to cancel the August 19, 1998 meeting of the Planning Commission. VIRGINIA CITIZENS PLANNING ASSOCIATION ANNUAL MEETING, CERTIFIED PLANNING COMMISSIONERS' PROGRAM, AND INSTITUTE FOR PLANNING COMMISSIONERS • Chairman DeHaven announced that the Virginia Citizens Planning Association, Inc. will be holding their 1998 Institute for Planning Commissioners Program and the 31st Class of the Virginia Certified Planning Commissioners' Program on October 11 through 13 at the Koger Holiday Inn Conference Center located near Richmond. Chairman DeHaven announced that any interested Commissioners should contact the Planning Staff to arrange registration. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:15 p.m. by Respectfully submitted, WAoe Charles S. DeHaven, Jr., Chairman 40 Frederick County Planning Commission Minutes of August 5, 1998 Page 239