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PC_07-17-96_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 17, 1996. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; Terry Stone, Gainesboro District; Robert A. Morris, Shawnee District; Jimmie IC Ellington, Gainesboro District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; George L. Romine, Citizen at Large; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Iris C. Tierney, Interim Planning Director; Evan A. Wyatt, Planner II; Eric R. Lawrence, Planner I; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Mr. Ellington and seconded by Mr. Light, the minutes of May 15, 1996 were unanimously approved as presented. 4229 2 BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans &- Programs Committee (CPPC) Mr. Tierney reported that the CPPC held a public meeting last night, July 16, on the Route I 1 North Corridor Study at the Stonewall District Ruritan Club to present the transportation and land use proposal to the public. Mr. Tierney said that there was good attendance at the meeting. Kernstown Battlefield Association (KBA) - 07/01/96 Mtg. Mr. Light said that the Kernstown Battlefield Association is meeting on a weekly basis and has adopted a constitution, has established bylaws, and elected officers. Mr. Light said that the KBA will have an open public meeting on August 11 at the Opequon Presbyterian Church. CITIZEN COMMENTS Mr. Stiles, a Stonewall District citizen, came forward to speak with the Commission on several issues. First, Mr. Stiles asked about activity that was taking place on the MI Westvaco property, which is next to the Carter Lumber Company. Mr. Stiles next asked about the location of the crossing of Route 37 over Route 11 North. Mr. Stiles said that the location of this crossing seems to create a great deal of disruption to homes and businesses in that area and he suggested that the County consider another location, north of McCann's Lane. He said that this is vacant land, zoned M1, and no houses would be affected. Mr. Stiles felt this route would reduce opposition and cost. 4230 c Also regarding Route 37, Mr. Stiles stated that it was crucial for there to be an intersection with Warrior Drive on Route 37. He stated that this intersection is absolutely critical to any solution to transportation problems in that entire section of the County. Mr. Stiles said that all of the transportation planning that has been done has been predicated on the fact that 1) there is nothing that can be done to improve the Rt. 277/I -81 intersection; and 2) there is a need to move traffic north and south without funneling traffic to either 522, 81, or 11. Mr. Stiles felt that Warrior Drive was the answer to the problem. He stated that if there is no connection to Rt. 37, then all that would be accomplished was to move the problem, not solve it. Regarding the public meeting on the Route 1 1 North area, Mr. Stiles felt that one of the citizens made a good point about locating a small sewage treatment plant in the northeastern section of the County, near the quarry. He said that sewer could flow by gravity, rather than having to be pumped. Mr. Stiles said that in that quadrant, the County could establish industrial development that would have virtually no opposition. Mr. Stiles asked that the Commission give this some consideration. In addition, Mr. Stiles said that he strongly supported the proposal to get sewer under 81 and to the Route I I North corridor, running along the railroad track that eventually comes up to Buckley- Legges and Zuckermans. He said that this could be a prime industrial site in Frederick County because of its good location and good accessibility. Another topic raised by Mr. Stiles was that he did not think it was good to isolate businesses and residential areas into pockets, because it creates traffic problems. Mr. Stiles felt that provisions needed to be made to locate businesses where people live. Finally, Mr. Stiles felt that if the County was ever going to be able to solve the sewer problems in the Stephenson community, it would be necessary to allow development of the McCann property. He said that if someone would be willing to run the line across the property, local citizens would then be able to afford the hookup fees. He felt that if the residents understood this situation, more of them would be in favor of it. He suggested the possibility of a door -to -door survey. 4231 El Discussion on Two Sewer Extension Requests: Faith Baptist Church, P.I.N. 86 -A- 72 and First United Methodist Church, P.I.N. 42 -(A) -198 Action - Recommended Approval Mr. Tierney stated that the Planning Department received two requests for sewer and water extensions which are located just beyond the bounds of the Sewer and Water Service Area (SWSA). He explained that the extensions are to vacant land and the intended use is to construct churches. Mr. Tierney said that one request is from Faith Baptist Church and pertains to a 14 -acre site located on the east side of Double Church Road, just south of the Route 277 intersection. He said that the property is zoned RA (Rural Areas) and churches are a permitted use. Mr. Tierney stated that the second request is from the First United Methodist Church and involves a 15 -acre parcel owned by Mary Ellen Pope on Apple Pie Ridge. He said that this parcel is also zoned RA and is surrounded on three sides by five -acre lot developments. Mr. Tierney said that the Comprehensive Plans and Programs Committee (CPPC) considered both of these requests on July 1 and recommended approval with the stipulation that the extensions be sized solely for the uses described. Mr. Charlie Watson and Mr. Fred Hudson of Faith Baptist Church were available to answer questions from the Commission. Mr. Watson said that Mr. James Bowman, the owner of the property, told him that he would be constructing the sewer and water line extension further south along the west side of Route 641, for continuation of development. He said that Mr. Bowman told him that he would put a tap on the line that the church could tie into, if approved by the County. Two issues were raised by the Planning Commission. One was the precedent - setting situation that seemed to be establishing for businesses requesting sewer and water extensions beyond the SWSA line, located along the east side of Route 641. The second issue was the status of adjoining residential properties with failing septic systems. There was some concern about the exact location of the existing sewer line. The Commissioners preferred to have the line come directly across the street, from the west side of Route 641, to serve only this particular property and sized for this particular use's needs only. Mr. John C. Lewis, Chairman of the Building Committee for the First 4232 5 United Methodist Church, presented the second request. He said that the property is located across from Apple Pie Ridge School. Mr. Lewis said that the sewer line terminates in front of the school, serving the Latter Day Saints church, as well as the school. Mr. Lewis said that it was their hope that they could tap into the sewer on the other side of Apple Pie Ridge Road and extend the line across the road. Commissioners recognized that this property, owned by Mary Ellen Pope, was the subject of a recent rezoning application that was turned down. They felt the church was a better suited use for this parcel. Upon motion made by Mr. Light and seconded by Mr. Morris, BE IT RESOLVED, that the Frederick County Planning Commission, upon recommendation by the CPPC, does hereby recommend approval of the sewer and water extension requests by Faith Baptist Church (P.I.N. 86 -A -72) and First United Methodist Church (P.I.N. 42 -(A) -198) with restrictive use -sized sewer lines for a single use on each parcel. DISCUSSION OF THE DRAFT KERNSTOWN BATTLEFIELD PLAN Mr. Eric Lawrence presented a draft copy of the Kernstown Battlefield Resource Management Plan that was completed by West Main Design Collaborative (WMDC), the firm selected to do the work on the plan for the Grim Farm property. Mr. Lawrence said that the overwhelming theme of the plan is to protect, preserve, and promote the historical and natural characteristics of the site for others to enjoy and learn from. Mr. Lawrence proceeded to review the various elements of the plan with the Commission. He requested that the Commissioners, after reviewing the plan, forward any comments or suggestions to him. The majority of the Commissioners felt that the plan as submitted was worthy of their support and felt it carried broad positive implications, especially as a potential economic resource. Another viewpoint was that battlefields may not be as lucrative a tourist attraction as most people might assume, especially after acquisition, staffing, and maintenance, and may end up costing the tax payers money. 4233 Discussion Regarding a Proposed Amendment to the Frederick County Planning Commission Bylaws to Establish New Standards for Tabling Procedures Mr. Wyatt said that during the Planning Commission's retreat last February, it was suggested that new procedures be created for the tabling of various development applications. Mr. Wyatt said that the Development Review and Regulations Subcommittee (DRRS) has had numerous discussions on this subject and has suggested some new procedures for the Commission to consider. Mr. Wyatt said that the new procedures give the Commission a greater amount of latitude to table an agenda item, it limits the applicant's ability to continually request that an item be tabled, and it requires that all the necessary leg work be completed before it comes back to the Commission for review. Mr. Wyatt said that the revision still limits the applicant to a one time tabling, but then requires the Commission to decide with the applicant if: 1) the applicant wishes the Commission to act on the request within an allotted 90 -day period; or 2) if there is a desire to waive that option, the applicant may do so. This will give the applicant time to do work, for example, with VDOT. Mr. Wyatt said that the staff was interested in the Commission's input on this discusion item. He added that amendments to Planning Commission Bylaws do not require Board of Supervisors' action. Commissioners had positive comments about the revisions; however, Chairman DeHaven felt that since only half of the Commission members were present to provide input on this matter, it should be forwarded to the next meeting so that the full Commission could share their views. OTi VR Mr. Light suggested that Comprehensive Plans & Programs Committee (CPPC) review the possibility of allowing package treatment facilities to be privately owned. The staff pointed out that County policy permits package treatment plants to be privately owned, as long as they do not serve more than one use. Mr. Tierney said that this policy is in cooperation with the Sanitation Authority. Mr. Tierney explained that part of the concern is that when there is more than one use, a problem arises as to who will be responsible for maintenance. He said that there are two separate categories- 4234 residential, which is regulated by the Health Department; and over 1,000 gallons or commercial, which is regulated by the Department of Environmental Quality. Mr. Light felt that the County should be involved to a greater degree. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:40 p.m. by unanimous vote. Respectfully submitted, �. Charles S. DeHaven, Jr., Chairma 4235