Loading...
PC_10-21-98_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 October 21, 1998. PRESENT: Charles S. DeHaven Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; Robert A. Moms, Shawnee District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Zoning Administrator, 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. BIMONTHLY REPORT Mr. Wyatt pointed out that the Curtis L. Braithwaite rezoning application was withdrawn by the applicant on October 13, 1998. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Mrs. Copenhaver, subcommittee member, reported that the CPPS held three general public information meetings conceming the South Frederick Land Use Study; those meetings were conducted at the Tri- County OIC, the Youth Development Center, and the Armel Elementary School. She said the meetings were well attended and Mr. Wyatt will have a report this evening on the results of those meetings. E Frederick County Planning Commission Minutes of October 21, 1998 Page 261 -2- Historic Resources Advisory Board (HRAB) - 10/20/98 Mtg. Mr. Moms, subcommittee member, reported that the HRAB reviewed a potential rezoning on Route 11 North for ten acres of Wampler property. He said that there is some historical significance there because the property is adjacent to the L. O. Dick House. Mr. Morris said that the HRAB's recommendations will be brought before the Commission at the time of the rezoning request. Sanitation Authority (SA) Mrs. Copenhaver, liaison to the SA, reported that the City has decided that they would be happy to sell the County water to help out, but they do not wish to merge with the County on water at this time. Mrs. Copenhaver also reported that she has a half dozen letters from citizens concerning the water tank; in one of the letters, a citizen is objecting to the tank being placed adjacent to James Wood School. Mrs. Copenhaver felt that potential sites should be marked in some way, so citizens know which locations are being considered. • DISCUSSION ITEMS Request for Exemption from the Subdivision Ordinance Requirement, submitted by Mr. Lee Ebert on behalf of William C. Pulman, Jr., to gain an exemption to the 50' right -of -way width requirement of the Subdivision Ordinance, Section 144- 31.C(3). The property is identified with P.I.N. 50 -A -41 and is located in the Back Creek Magisterial District. Action - Recommended Approval with Caveat Mr. Eric R. Lawrence, Zoning Administrator, reported that staff had received a request from Mr. Lee A. Ebert, on behalf of William C. Pulman, Jr., to gain an exemption to the 50' right -of -way width requirement of the Subdivision Ordinance, Section 144- 31.C(3). Mr. Lawrence explained that Mr. Pulman owns approximately 186 acres just west of Wardensville Grade, in the Mount Pleasant community, and desires to subdivide the parcel into two agricultural tracts. He said that access is presently via a 20' right -of -way across adjoining property owned by Mr. and Mrs. Roe. Mr. Lawrence pointed out that the Roes were contacted by Mr. Ebert and the Roes have stated that they would not agree to a right -of -way width beyond the existing 20'. Mr. Lawrence said that based on the location of the land division, the nature of the surrounding properties, and the fact that the division is to establish two agricultural lots, staff believed that a waiver to allow for a 20' right -of -way was reasonable. Commission. • Mr. Michael M. Artz with Ebert and Associates was available to answer questions from the Frederick County Planning Commission Minutes of October 21, 1998 Page 262 -3- There were no citizen comments. No issues of concern were raised by the Planning Commission. Mr. Marker made a motion to approve the waiver, as long as the subdivided property remained as agricultural lots. This motion was seconded by Mrs. Copenhaver. 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 width requirement of the Subdivision Ordinance, Section 144- 31.C(3), submitted by Mr. Lee Ebert on behalf of William C. Pulman, Jr., with the caveat that the subdivided lots remain as agricultural lots. Zoning District Buffer Waiver Request submitted by Greenway Engineering on behalf of Abundant Life Christian Church. The property is identified with P.I.N. 75 -A -40 and is located in the Opequon Magisterial District. Action - Approved Mr. Eric R Lawrence, Zoning Administrator, reported that the staff received a request from Mr. Gary Oates of Greenway Engineering, on behalf of Abundant Life Christian Center, to gain a waiver to the Zoning District Buffer requirements that are applicable to their property. Mr. Lawrence explained that the • Abundant Life's property, which is a church use, is located on Aylor Road, directly west of Fredericktowne's Frederick Road entrance. He said that Abundant Life has requested that they be allowed to utilize the Full Screen, Category B Zoning District Buffer without the screening requirements, which include landscaping and an opaque element. Mr. Lawrence noted that this essentially establishes a 50' distance (setback) buffer between the Abundant Life property and the RP -zoned properties to the south and east. He added that the 50' distance buffer would enable the church to construct the parking area and a future gymnasium/ school building. Mr. Gary Oates with Greenway Engineering, representing Abundant Life Christian Church, presented copies of two letters from adjoining neighbors, Ms. Robin Strosnider and Mrs. Bessie F. Combs, who were requesting that screening be eliminated between the property lines. Mr. Oates explained that Mrs. Combs, who lives directly to the south of the church at 766 Aylor Road, could not be present this evening, but she wanted to express her desire not to have screening along the property. Mr. Oates said that as far as setbacks for structures along the property line, Abundant Life is comfortable with the 50' setback required by BOCA and this would meet the maximum buffer for Zoning in B I against RP. He explained that although churches are allowed in RP Zoning, Abundant Life does not desire to rezone at this time in order to waive all the zoning buffers because they are currently mortgaging the church and they believed that B 1 -zoned property was worth more. Commissioner Miller noted that Greenway Engineering's drawing did not show a berm with shrubs extending out to the remainder of the parking lot adjacent to Aylor Road. Mr. Miller recalled that this was an issue when the church and parking lot was initially constructed because the berm and shrubs would shield adjoining properties from the headlights of cars turning in the parking lot. 40 Frederick County Planning Commission Minutes of October 21, 1998 Page 263 -4- Mr. Oates said that the actual site plan shows 36" tall shrubs blocking the headlights. He said that continuation of the berm is not shown because in 1991, when the plan was originally approved, the condition was to have a 36" tall hedge and they later opted to put in the berm with plantings on top. Other members of the Commission inquired if the applicant was vehemently opposed to continuing the berm down along there. It was noted that this alleviated many complaints from the neighbors and they did not want to see the berm discontinued. Mr. Oates replied that they were not entirely opposed to continuing the berm, and there was a good chance the berm would continue. Mr. Malcolm Vandereit, Pastor of the Abundant Life Christian Center, asked that the Commission approve their request for removal of the screening. Pastor Vandereit believed screening would isolate the church from the community they are attempting to serve; it may create a haven for objectionable activity during evening hours when no one would be at the church, and would make people feel vulnerable and fearful when coming to and leaving evening activities. He also believed it would take away the openness they wanted to preserve for the pre - school child care center. Chairman DeHavcn called for public comment and the following persons came forward to speak: Ms. Robin Strosnider, resident at 741 Aylor Road, said that she lived directly across the area from where the trees are to be planted. Ms. Strosnider stated that she did not feel safe about the idea; she said that her husband works nights and she has two small children. She said that if the trees are planted, it could provide a haven for objectionable activities. Commissioner Thomas recalled that when Abundant Life Center requested initial construction of the church, numerous neighbors came in who were concerned about the noise and lights. Mr. Thomas said • that since there seems not to be that level of concern at this time, he moved to approve the waiver request according to staff recommendations. Other Commissioners noted that screening is placed for protection of surrounding neighbors; however, since the neighbors had specifically requested that the evergreens be eliminated, they did not see the need to insist that they be planted. Commissioner Thomas modified his motion to eliminate the evergreen trees and maintain the 50' distance (setback) buffer between the Abundant Life property and the RP -Zoned properties to the south and east; and, continuation of the berm along Aylor Road on the front side of the parking lot. This was seconded by Mr. Morris. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the waiver of the Zoning District Buffer requirements, under the provisions of the Zoning Ordinance, Section 165- 37.1)(5), requested by the Abundant Life Christian Center, by eliminating the evergreen trees and maintaining the 50' distance (setback) buffer between the Abundant Life property and the RP -Zoned properties to the south and east; and, continuation of the berm along Aylor Road on the front side of the parking lot. • Frederick County Planning Commission Minutes of October 21, 1998 Page 264 -5- Request for a Reduction in the Entrance Spacing Ordinance Requirement, Section 165- 29B(1), submitted by Jim Emmart of Emmart Oil Company for Bo's Belly Barn. The property is identified with P.I.N. 63 -A- 66, and is located in the Back Creek Magisterial District. Action - Tabled Mr. Michael T. Ruddy, Planner II, said that the request is from Mr. Jim Emmart of Emmart Oil Company and Mr. John Lewis of Painter - Lewis, P.L.C., consulting engineer. Mr. Ruddy said that the request is for a reduction in the entrance spacing requirements at Bo's at Kemstown, located on Route 11 South, and proposes to increase the width of the southern entrance onto Route 11 from 50' to 70'. He explained that the minimum driveway spacing along major collector roads is 150', therefore, the existing entrance is nonconforming. Mr. Ruddy continued, stating that the proposed expansion to the entrance would increase the level of the nonconformity, reducing the entrance spacing to 35'. Mr. Ruddy added that a pattern of circulation throughout the site has not been identified and without circulation controls, the expanded entrance creates the potential for more points of conflict between vehicles entering and exiting the site. He also stated that the applicant had not proposed any additional means of controlling access that would advance safe and convenient access to and from the site and to promote efficient travel along Route 11. Mr. Jim Emmart and Mr. John Lewis came forward and explained to the Commission why they believed that the overall design of the site will safely accommodate the existing traffic, and traffic that will be generated in the future from the undeveloped portion of the Schenk property to the rear. After considerable review of the plan and discussions with the applicant, members of the Commission felt that nothing had been offered by the applicant to even permit the Commission to grant the request according to the ordinance. Members of the Commission believed the site was workable and they offered several design suggestions for the applicant to try, such as changing the shape and size of the island and shrinking the size of the entrance. The applicants requested that the Commission table their request in order to give them some time to rework the site plan and incorporate some of the suggestions made by the Commission. Upon motion made by Mr. Miller and seconded by Mr. Stone, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table the request for a reduction in the entrance spacing ordinance requirement, Section 165- 2913(l), submitted by Jim Emmart of Emmart Oil Company for Bo's Belly Barn, until the following Planning Commission meeting, scheduled for November 4, 1998. • Frederick County Planning Commission Minutes of October 21, 1998 Page 265 • DISCUSSION ON THE SOUTHERN FREDERICK LAND USE STUDY PUBLIC INFORMATION AND ORGANIZATION MEETINGS No Action Mr. Evan A. Wyatt, Deputy Planning Director, brought the Commission up -to -date on where the Comprehensive Plans and Programs Subcommittee (CPPS) is with the land use study and advised the Commission of some of the information obtained from the public meetings. Mr. Wyatt said that he hopes to schedule a worksession with the CPPS, Planning Commission, and Board of Supervisors in December. OTHER Mr. Evan A. Wyatt, Deputy Planning Director, requested the Commission's preference on the format for the 1999 Planning Commission Retreat. The Commission was in agreement that the retreat should be an all -day format with no dinner. Specifically, they preferred a morning session from 10:00 a.m. to 12:00, a lunch break, and then an afternoon session from 1:00 to 4:00. They believed that the retreat was much more productive when members of the Board of Supervisors and the County Administrator were present. They also agreed that an outside speaker was beneficial and informative. • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:50 p.m. by unanimous vote. Respectfully submitted, Evan A. W att, Deputy l mg Director Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of October 21, 1998 Page 266