Loading...
PC_05-01-96_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on May 1, 1996. PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr., Chairman /Stonewall District; John R. Marker, Vice Chairman /Back Creek District; Robert A. Morris, Shawnee District; Jimmie K. Ellington, Gainesboro District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; 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 W. Wayne Miller, Zoning Administrator; Kris C. Tierney, Deputy Planning Director; Evan A. Wyatt, Planner II; and Renee S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES OF MARCH 20, 1996 Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of the March 20, 1996 meeting were unanimously approved as presented. 4189 2 BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 4/25/96 Mtg. Mr. Thomas reported that the DRRS discussed three potential amendments that will be coming to the Planning Commission at subsequent meetings. He said that the DRRS also discussed buffering and screening standards for RP zoned land next to agricultural property. Transportation - 4/24/96 VDOT Public Meeting Mr. Wyatt reported that he attended a VDOT public meeting regarding the widening of Shawnee Drive from the intersection of Route 11 back to the railroad tracks, just passed the Mobile Chemical site. He said that this will be a three lane improvement with a turn lane in the middle and curb and gutter. Mr. Wyatt said that the staff has no problems with the project. Economic Development Commission (EDC) Mr. Romine said that the EDC continues to receive many inquiries and is continually looking for new sites. PUBLIC HEARINGS: 4190 3 Conditional Use Permit Application #003 -96 of David A. Keller to operate a commercial outdoor recreation facility (archery range). This property is located in Shockeysville, off of State Route 691 (Holiday Road), and is identified with PIN 8 -A -16 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Miller stated that the Health Department will allow Mr. Keller to use a porta- potty for the proposed use. He said that it did not appear that an archery target could be located so as to cause a problem on the adjacent property, due to the location of the entrance road. He said that the staff suggests that any targets be arranged to preclude any stray arrows from impacting on adjoining property. He added that parking will need to be provided to customers if the permit is approved. Mr. David A. Keller was available to answer questions from the Commission. There were no citizen comments, either in favor or opposition to the conditional use permit. Chairman DeHaven asked if any input had been received from the adjoining church and Mr. Miller replied no. The Planning Commission had no outstanding concerns with the proposed conditional use permit. Upon motion made by Mr. Romine and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #003 -96 of David A. Keller to operate a commercial outdoor recreation facility /archery range with the following conditions: 1. Maximum allowable hours of operation shall be from sunrise to sunset, Monday through Saturday and from 12:00 noon to sunset on Sunday. 2. A designated parking area must be provided for customers. 3. All targets shall be located so as to insure that stray arrows do not impact on adjoining properties. 4. Range activities shall be supervised by the owner or a qualified employee at all times while in use. 4191 El Rezoning Application #002 -96 of Raymond L. Fish to rezone four acres from B2 (Business General) to B3 (Industrial Transition) and 7.3 acres from RA (Rural Areas) to B3 (Industrial Transition) for an animal hospital and a beverage warehouse. This property is located at the southeast corner of the intersection of I -81 and Route 672 in Clearbrook and is identified with P.I.N.s 33 -A -164, 33- A -164C, and 33 -A -165 in the Stonewall Magisterial District. Action - Recommended Approval Mr. Tierney stated that the fire chief has requested above- ground water storage and the County engineer referred to his comments on the pending master development plan regarding storm water and delineation of floodplain areas. Mr. Tierney said that the property is located outside of both the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); however, water is available along Route 11, the property is in proximity to the I- 81 /Rt. 672 interchange, and has frontage along the Winchester & Western Railroad. Mr. Tierney also noted that given the nature of the surrounding uses, the relative isolation of the parcel, and the existing B2 zoning, the staff felt that impacts of the rezoning on surrounding properties would be minimal. Commission members felt that the direct rail access, the immediate access to the interchange and interstate, the existing B2 zoning adjacent to the property, and the relatively small scale of the rezoning made this particular property and situation unique so as not to set a precedent for future business rezonings of RA property outside of the UDA. Mr. Bruce Edens, with Greenway, Inc., was representing the applicant, Dr. Raymond L. Fish. Mr. Edens said that the majority of Mr. Fishs property was previously master planned, however, the seven RA acres proposed can only be accessed through the master planned area. Mr. Edens said that they intend to include this RA property with the previously master planned area and submit a revised master development plan, if the rezoning is approved. He explained that they would address the wetlands and floodplain at the revised master plan stage. Commissioners asked if a right -of -way had been secured for the water line extension. Mr. Edens said that negotiations with adjoining property owners are currently taking place. Commissioners also had questions on the above ground water storage and the differences in scale between animal hospitals in B2 as opposed to B3. There were no citizen comments. Commission members felt the uniqueness of this property was quite defensible in order to preclude a precedence for rezoning RA property to business outside of the UDA and upon motion made by Mr.Thomas and seconded by Mr. Marker, 4192 5 BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #002 -96 of Raymond L. Fish to rezone four acres from B2 (Business General) District to B3 (Industrial Transition) District and 7.3 acres from RA (Rural Areas) District to B3 (Industrial Transition) District for an animal hospital and a beverage warehouse. Rezoning Application #003 -96 of Richard L. Heisey to rezone 1.43 acres from RA (Rural Areas) to B2 (Business General) for self- storage warehouse units. This property is located two miles west of the Winchester By -Pass (Rt. 37) on the south side of Northwestern Pike (Rt. 50) and approximately 200 feet to the west of Poorhouse Road (Rt. 654) and is identified with P.I.N. 52 -A -148 and 52 -A- 149 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Wyatt gave the background information and review agency comments. Mr. Wyatt stated that the property is located approximately 1.5 miles west of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) and is also located within the Round Hill Community Center. He explained that although the Round Hill Plan recommends that commercial rezoning not take place prior to the provision of public water and sewer, the use proposed, self- storage warehouse units, operates independently of public water and sewer. Mr. Wyatt noted that the applicant has proffered out specific business uses, such as automotive dealerships, gasoline service stations, restaurants, car washes, and child day care facilities and has also proffered to offset the cost impact to emergency services. Mr. Wyatt said that the applicant has also presented an addendum to his proffer statement in which he states that he would be willing to offset the cost, if it was fair - share, for extending water and sewer to this area. Mr. Wyatt also presented a letter from an adjoining property owner, Mr. Timothy A. Hodges, who stated that although he was not opposed to the proposed use of the property, he, as well as other adjoining property owners, were opposed to altering the terrain of the property because of the potential problems it would create with storm water management and flooding. Mr. Hodges also requested the retention of as much of the natural fence row trees and shrubs as possible. Commission members asked if Mr. Heiseys proposal was compatible with the long - range planning for the Round Hill corridor. Mr. Wyatt replied that it was consistent with that plan, however, the plan had not yet been adopted by the Board of Supervisors. Mr. Richard L. Heisey, the applicant, said that since he was a resident of this 4193 Z neighborhood, he was very understanding of the neighbors concerns and those concerns were his also. There were no other citizen comments. The Commission had no objections to the proposed rezoning, based on the provisions of the applicants proffer statement, the compatibility with the existing uses along Northwestern Pike, and the minimal impacts to the adjoining residential properties. Upon motion made by Mr. Marker and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 11003 -96 of Richard L. Heisey to rezone 1.43 acres from RA (Rural Areas) to B2 (Business General) for self- storage warehouse units. Upon motion made by Mr. Thomas and seconded by Mr. Marker, the Commission unanimously voted to make the letter from Timothy A. Hodges a part of the official record and file. An amendment to Chapter 144, Subdivision of Land, of the Frederick County Code, Article III, General Provisions, Section 144 -4, Subdivision Administrator. The proposed amendment establishes new standards for the administrative approval of industrial, commercial, and residential subdivisions of land that are a part of an approved master development plan. Action - Recommended Approval Mr. Wyatt said that during the Planning Commissions 1996 Retreat, it was suggested that certain types of subdivisions be allowed to be approved administratively in order to reduce the amount of time needed to approve a subdivision of land in areas that are currently planned for development. Mr. Wyatt said that the amendment proposed establishes new standards for the administrative approval of residential, commercial, and industrial subdivisions that are part of an approved master development plan. Mr. Wyatt said that when this was presented to the DRRS, the Committee felt the amendment was a good idea, however, there was concern expressed regarding the ability of the Commission to review residential subdivision applications. He said that all residential subdivision applications, with the exception of rural area subdivisions, appear on the Planning Commissions Bimonthly Report. Mr. Wyatt said that the staff felt that this process would provide the Commission with an opportunity to request a formal review of any pending subdivision 4194 application. Commission members suggested that new subdivisions be highlighted in some way on the Bimonthly Report and that new major residential subdivisions be verbally reported at Commission meetings, in order to keep members aware of these items. There were no citizen comments. Upon motion made by Mr. Ours and seconded by Mr. Stone, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter 144, Subdivision of land, of the Frederick County Code, Article 111, General Provisions, Section 144 -4, Subdivision Administrator, as follows: 144 -4 Subdivision Administrator A Subdivision Administrator shall be appointed by the Board of Supervisors and entrusted to enact, administer, and enforce the requirements of the chapter. The Subdivision Administrator shall have the powers and duties specified in this chapter as authorized by the Board of Supervisors. The Subdivision Administrator is authorized to administratively approve or disapprove all divisions of land in the RA (Rural Areas) District and all divisions of land in all other zoning districts that are within an approved master development plan. The Subdivision Administrator shall have the authority to forward any division of land, subdivision design plan, or final plat to the Planning Commission or Board of Supervisors for final approval. Waiver Request Request of C.E.D. Enterprises, Inc. to have the Planning Commission reduce a required side yard setback in the EM (Extractive Manufacturing) District per Section 165- 88B(1) of the Zoning Ordinance. Mr. Wyatt presented a site plan the staff received for C.E.D. Enterprises, Inc. for expansion of their existing facility located in the Gore area. Mr. Wyatt said that the proposal, which calls for three phases of development over the next year, calls for an expansion of the kiln which will be located 50 feet from the adjoining property line. He said that the EM (Extractive Manufacturing) District requires structures to be set back a minimum of 100 feet from any property that is zoned RA, RP, R4, R5, or MH1, however, Section 165- 88B(1) of the Zoning Ordinance allows the Planning Commission to reduce the required setback to 50 feet if this 4195 E encroachment does not adversely impact the adjoining property. Mr. Wyatt said that the properties to the east are owned by Robert W. Butler and Richard Whetzel and are part of a subdivided parent tract referred to as the "Earl Haines" lots. He said that the Earl Haines lots are heavily wooded and were created along a ridge line. Access to these lots is via Dandelion Lane, which is located on the opposite side of the ridge line from the C.E.D. Enterprises, Inc. He said that the C.E.D. facility is not visible from the existing residences. Mr. Bruce Edens, with Greenway, Inc., was representing C.E.D. Enterprises, Inc. and was available to answer questions from the Commission. Mr. Thomas asked what other options were available, if the 100' buffer were not waived. Mr. Edens replied that they would not be able to build the kiln. Mr. Thomas asked if the Commission could require trees to be planted if the waiver was approved. Mr. Thomas felt that the burden of supplying screening should not fall on the adjoining property owners, if they decide to utilize their properties at this location. Staff noted that this was a wooded area and steeply sloped. Commission members asked if the adjoining property owners were notified. Mr. Edens replied that they were not notified, however, he felt it would be appropriate to do so. Mr. Edens said that he would notify the neighbors and given them a certain time frame to reply. Commission members asked how many adjoining property owners there were and Mr. Edens replied that there were two. Chairman DeHaven asked Mr. Edens to notify the staff after he received comments from the adjoining property owners. Commission members gave the staff the authority to proceed with approval of the waiver with the stipulation that no objectional responses were received from the two adjoining property owners. Northeastern Frederick County Joint Work Session with the Board of Supervisors Mr. Tierney said that in response to the Planning Commissions request to meet with the Board of Supervisors in an effort to reach a clear understanding of the Boards desires regarding the purpose and focus of a study of the area north of Route 7 and east of Interstate 81, the Board suggested a work session at 5:30 p.m. on May 22, prior to their regular Board meeting. Mr. Tierney said that he needed to respond to the County Administrators office so that arrangements could be made. Chairman DeHaven requested that members of the Commission check their 4196 o schedules and the staff would contact members individually to determine if this time and date were suitable. Adjournment No further business remained to be discussed and Chairman DeHaven adjourned the meeting at 7:55 p.m. Respectfully submitted, is C. , Xkputy Punning Director Charles S. DeHaven, Jr., Chairman 4197