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PC_07-03-96_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on July 3, 1996. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Robert A. Morris, Shawnee District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: George L. Romine, Citizen at Large; Richard C. Ours, Opequon District; S. Blaine Wilson, Shawnee District; Jimmie K Ellington, Gainesboro District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Iris C. Tierney, Interim Planning Director; Evan A. Wyatt, Planner II; W. Wayne Miller, Zoning Administrator; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. 4219 a COMMITTEE REPORTS Development Review 6L Regulations Subcommittee (DRRS) - 6/27/96 Mtg. Mr. Thomas reported that the DRRS discussed standards for tabling procedures and new standards for flex -tech developments. Comprehensive Plans 8t Programs Committee (CPPC) - 07/01/96 Mtg. Mrs. Copenhaver reported that the CPPC reviewed work done to date on the Route 11 North Corridor Study. She said that a public meeting is scheduled for July 16 at 7:30 p.m. at the Stonewall District Ruritan Club to present the transportation and land use proposal to the public. Mr. Tierney added that the committee also discussed two requests for extension of the Sewer and Water Service Area (SWSA) for use by two churches. He said that the CPPC recommended approval of both requests. Kernstown Battlefield Association (I(BA) (formerly the Battlefield Task Force) - 07/01/96 Mtg. Mr. Light said that the Battlefield Task Force has now evolved into a new association, the Kernstown Battlefield Association, which is the next step towards raising money for the purchase of the Grim Farm. Mr. Light said that about 30 new people were in attendance. He said that a trustee board was formed and a preliminary constitution was adopted. Mr. Light said that they now have an office established and are well on their way, with much enthusiasm, towards their goal. Sanitation Authority (SA) - 06/20/96 Mrs. Copenhaver reported that two new members were appointed to the 4220 3 Authority - -Mr. James Anderson replaced Mr. Chuck Ferris and Mr. John Stevens replaced Mr. Mike Smith. She said that both Mr. Ferris and Mr. Smith had resigned from their positions. Mrs. Copenhaver said that the Stephens Run plant is no longer receiving or discharging flows and will be converted to a retention basin. She said that as of June 1, all flows were directed towards Parkins Mill. Mrs. Copenhaver also reported that the Administration Building will be completed on time and July 15 is the scheduled move date. PUBLIC MEETING Master Development Plan #006 -96 of Chapel Hill for 35 single family detached urban residential lots on 15.04 acres, zoned RP (Residential Performance) District. This property is located on the east side of Route 522 South, approximately 700 feet south of Longcroft Road, and is identified with PIN 64-2 - B in the Shawnee Magisterial District. Action - Recommended Approval Mr. Stephen M. Gyurisin and Mr. Charles W. Maddox, Jr. of G.W. Clifford &Associates, the project engineers, were present to represent the owners of the Chapel Hill development, Valley Development Group. Mr. Gyurisin presented the master plan to the Commission. Proceeding with the staff report, Mr. Tierney said that provisions should be made for the continuation of Hockman Drive onto the undeveloped adjoining RP property (to the south) to ensure safe and adequate traffic circulation and access between both properties. In addition, he said that Hockman Drive is shown as a cul -de -sac that is approximately 1,500 feet in length, which exceeds the Subdivision Ordinance requirements by 500 feet. Mr. Tierney said that the staff believed that this cul -de -sac should not be permitted and the continuation of Hockman Drive must be provided onto the adjoining property. Mr. Tierney said that in addition to the County Engineer's comments regarding the location of a stormwater management facility, the staff believed the issue of the existing stream needed to be addressed. He explained that the stream runs from Route 522 to the existing pond in approximately the same location as the proposed Hockman Drive and the applicant needs to identify how the stream's location 4221 n and the road design will be integrated. Chairman DeHaven called for citizen comments and the following persons came forward to speak: Mrs. Boyd Unger, adjoining property owner, felt that the density proposed was too high and she asked what happened with the County's two -to -five -acre minimum requirement; she requested that buffers be required along both sides of the site; she was concerned about run -off from the site because of the numerous ponds in the area and that one overflows into the next one consecutively; she was concerned about liability if someone, perhaps a child, from this development would come onto her property and have an accident in one of the ponds; she was concerned about disruption and impact to the existing wildlife; she was concerned about the effect this development would have on property values and taxes; and finally, she was concerned about the traffic impact. Mr. Dusty Destefano, adjoining property owner, said that his family owns the property adjacent to the proposed Hockman Drive. Mr. Destefano said that this area is a wet - weather stream and stays wet eight to nine months of the year. He expressed his concern about the potential increased traffic, possible vandalism, and he was also concerned about removal of trees. Mr. Destefano requested that the developer or homeowners association be required to install a ten foot fence along his property line. Mr. Billy Alexander Walker, adjoining property owner, was also concerned about run -off from the proposed development emptying into his daughter's (Mrs. Boyd Unger) ponds which contain an abundance of fish. Mr. Walker was concerned about the impact to the abundant wildlife in this area. Mrs. Walker was also present to speak- -she requested that a fence be installed along the property line. Mrs. Destefano, adjoining property owner, said that her home sits at the comer of Route 522 and the proposed Hockman Drive. She said that both roads are extremely close to her home and she was concerned about the traffic. Mrs. Destefano was also worried about water run -off because her yard currently floods when it rains. Commissioners were concerned about the preservation of existing woodlands. Mr. Gyurisin said that they planned only to remove trees necessary for the construction of roads and housing pads. Mr. Gymisin said that the woodlands were planned to be a marketing feature for this development. Commissioners also inquired about aircraft noise from the Winchester Regional Airport. Mr. Maddox said that they were outside of the 500 foot impact zone, 4222 E however, there would still be some noise impact. Commissioners raised the issue of connecting to an RP parcel that had the potential to become a high density subdivision and the potential for a lot of traffic to be traveling through Chapel Hill. It was pointed out that the connection should be made now, before houses are constructed. Commissioners spoke about whether the most over- riding concern was the potential traffic or access for emergency vehicles. The point was made that the adjoining parcel had long frontage on 522 and had several locations where a minor or major collector roadway could be connected to 522 to provide quality transportation. Mr. Maddox requested that if this master plan was approved with the stipulation that an interparcel connector be provided, that a note be placed on the plan that would restrict extension of the connector at least until an adequate additional roadway access was provided on Route 522 by the adjacent site. In response to the adjoining property owners concerns about the water runoff, Mr. Maddox said that a submerged storm sewer system will be installed to take care of the drainage. Mr. Maddox said that they will provide curb and gutter, storm sewer, and sidewalks throughout the development. He requested that they be permitted, however, to construct a sidewalk on only one side of Hockman Drive out to Route 522. Commissioners stated that sidewalks on both sides of the street are required by the ordinance and should be upheld. Some members of the Commission felt that the issue of fencing, raised by neighbors who were concerned about liability, was an issue that needed to be addressed at some point by the Commission. The question of maintenance responsibility was raised. Upon motion made by Mr. Morris and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #006 -96 of Chapel Hill with the stipulation that Hockman Drive be extended to the southern property line, that Hockman Drive be restricted as a secondary access only for the adjoining property and that the extension is to be preceded by a primary access to Route 522 by the adjoining property. Build out percentage of the adjoining property is to reach 75% prior to making the connection. 4223 M Site Plan Application #050 -95 of Hardee's/Mobil Oil for a restaurant/convenience center. This property is located at the southeast corner of Northwestern Pike (Rt. 50W) and Ward Avenue and is identified with PINs 53B -3 -1, 53B -3 -2, 53B -3 -3, and 53B -3 -4 in the Back Creek Magisterial District. Action - Approved Mr. Wyatt said that a conditional use permit for a restaurant and convenience center with gasoline pumps at the Hardee's /Mobil Oil site was approved by the Planning Commission on October 4, 1995 and by the Board of Supervisors on October 25, 1995. He said that the Planning Commission requested a formal review of the site development plan and the items requested by the Commission were that the applicant provide landscaping along the front of the parcel to create a green, rural -like atmosphere, that the parking area between the Livestock Exchange and the new facility be separated by a raised, landscaped island, that signs not be overbearing or impact residential uses, and that the front of the building should be aesthetically pleasing. Mr. Charles W. Maddox, Jr. and Mr. Stephen M. Gyurisin of G. W. Clifford &Associates, the project engineers, were present to represent the owner, Mr. Bill Wright. The Commission had numerous questions about the exterior of the building and lighting to determine if the desires expressed by the Commission during their review of the CUP were going to be met. Members of the Commission felt it was very important for the appearance of the building to be attractive because of its location, entering the City of Winchester. It was noted that the hospital and the McDonald's on the other side of Route 37 had set a definite "colonial theme" for the character of traveling in towards Winchester and they felt it was important to maintain the integrity of that corridor. Mr. Gyurisin said that the exterior of the structure will be brick and the windows will have grilled panes for a colonial -type look; through traffic between this site and the Farmers Livestock Exchange has been eliminated; the southwestern corner of the site and the perimeter of the site will be heavily landscaped; and only one sign will advertise both the Hardees' restaurant and the gasoline pricing. Members of the Commission asked if there was adequate turning distance for a truck making a right -hand turn into this site so that before a truck driver needs to stop, he is able to get off the road. Mr. Maddox replied that they are 50 feet back off the road, whereas previously, the setback was only 20 feet. 4224 Members of the Commission were satisfied that the applicant had met all of their desires concerning landscaping, signs, and the raised island, however, they were still concerned about whether the exterior of the building was going to meet their expectations. They requested that before the site plan was administratively approved, that the staff and/or applicant provide them with a visual rendering of the structure and either mail or fax it to each of the Commissioners so that they could determine if the applicant's proposal was what the Commission had in mind. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission unanimously agreed to allow the staff to proceed with administrative review and approval of Site Plan #050 -95 of Hardee's/Mobil Oil Convenience Center, provided that the Commissioners responses to the rendering of the proposed structure were positive. Waiver Request by Debra Allanson under the provisions of Section 144 -5 of the Frederick County Subdivision Ordinance to subdivide a parcel of land identified as PIN 61 -A -78 into two lots. This property is located at the corner of Pitcock Lane and Miller Road in the Back Creek Magisterial District. Action - Recommended Approval Mr. Miller stated that Debra Olan Allanson is the owner of a parcel of land, PIN #61 -A -78, located at the corner of Pitcocic Lane and Miller Road which is nonconforming because it has two residences. Mr. Miller said that Mrs. Allanson desires to divide the parcel into two lots so she can finance the house in which she resides and deed the other residence to her daughter. He explained that permitting this will create two nonconforming lots, but will not increase the intensity of the use. Mr. Miller said that Mrs. Allanson has committed to drilling a well on Lot 1 where she lives and has tentative approval from the Health Department to utilize an off -site easement for a health system. Mr. Miller added that on the back portion of the property, opposite Pitcocic Lane, there are several buildings that were built on the property line and would still be in violation of setbacks. Mr. Miller said that Mrs. Allanson has acquired a 14 foot strip of land which now puts those accessory buildings in compliance with setbacks. He stated that Mrs. Allanson has certainly gone above and beyond to attempt to correct setback 4225 K violations. Mrs. Debra Olan Allanson was present to answer questions. There were no public comments. The Commission felt that approval of this request would permit the owner to accomplish desired actions, would eliminate the nonconforming situation of two residences on the same lot, and would not increase the intensity of the use. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver request by Debra Allanson, under the provisions of Section 144 -5 of the Frederick County Subdivision Ordinance, to subdivide a parcel of land, identified as PIN 61 -A -78, into two lots. Discussion regarding Planning Commission Procedures for development applications, policy issues, and ordinance amendment requests. No Action Necessary The staff was interested in obtaining input from members of the Commission to establish written procedures for acting on development applications, policy issues, and ordinance amendment requests. Mr. Wyatt proceeded to review the various steps currently taking place by the staff and Planning Commission on development applications. Everyone seemed satisfied that this process was acceptable. Mr. Wyatt next discussed the various steps regarding review of policy issues and the ordinance amendment requests proposed by the staff. He said that there is a point in both of these processes during which the Planning Commission has the authority to consider the merit of the request and the issues involved, and then to direct the staff as to how the Commission would like the staff to proceed. Mr. Wyatt said that the staff feels that the written procedures would allow for a smoother process for final action and would also be beneficial to the applicant in as far as knowing what direction he is to follow. One suggestion from Commission members was to set up informal meetings with the citizen, staff, and the Commission member from the district in question. Some 4226 E members stated that they preferred the informal discussions the Commission had with the applicant in the past because it allowed for interaction with other Commission members rather than using an individual approach. It was noted that this approach allowed each member to voice their concerns. Another point made was that the informal polling of Commissioners was sometimes uncomfortable because it required a decision based on limited information and then may be taken later as a commitment by the citizen. Mr. Tierney commented that the staff was attempting to get a mechanism in place whereby an individual could get some feedback in an informal setting, maybe from a committee, as to what the thoughts and reactions of the Commission might be. Chairman DeHaven felt the proposed procedures would help to address many of the concerns and problems that arise and would be helpful to the applicant. Chairman DeHaven requested that Commission members give this subject some extra thought, make some notes about the implications and applications, and he suggested that the Commissioners discuss the procedures again at a subsequent meeting. OTHER Members of the Commission discussed the possibility of establishing guidelines to implement the vision of the Round Hill Plan for protection of the appearance of the corridor. They felt that such guidelines would be beneficial to the Commission when making decisions on items such as the Hardee's/Mobil Oil that was considered this evening. Commission members were interested in establishing general guidelines for site design concepts, such as how much screening is appropriate and what type of signs are appropriate; however, they were not interested in establishing architectural standards. It was decided that the DRRS should formulate some guidelines for the Commission's consideration. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:40 p.m. by unanimous vote. 4227 10 ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:40 p.m. by unanimous vote. Respectfully submitted, I 's C. i I rim p g Director d a- , ' at Charles S. DeHaven, Jr., Chairman 4228