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PC_12-04-96_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on December 4, 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; Jimmie K. Ellington, Gainesboro District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; Richard C. Ours, Opequon District; Vincent DiBenedetto, Winchester City Liaison; STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; W. Wayne Miller, Zoning Administrator; Eric R. Lawrence, Planner II; 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. 4298 COMMITTEE REPORTS Transportation Committee - 12/03/96 Mtg. Mr. Thomas reported that the Transportation Committee heard a couple of presentations from citizens regarding the addition of Boundary Avenue to the state's system which would require the County to contribute money to have the road upgraded. The Committee took no action, because additional information was needed, and will address the subject again at an upcoming meeting. Discussion Regarding a Baseball Stadium and Softball Complex for James Wood High School Mr. Wyatt said that the School Board has filed a site plan with the County for the layout of a baseball stadium and softball complex for James Wood High School. He said the staff has asked the School Board to make a presentation to the Commission because public funds are being used for the project. Mr. Wyatt introduced Mr. Thomas Malcolm, Superintendent of Frederick County Schools, and Mr. Thomas Sullivan, Assistant Superintendent. Mr. Malcolm and Mr. Sullivan gave the presentation and answered questions from the Commission. It was noted that the projected cost is $1,258,000 and improvements will include a lighted baseball stadium complete with a press box, restroom, and concessions; a lighted softball field complete with restrooms and concessions; a new parking lot that will have an entrance off of Apple Pie Ridge Road (Rt. 739) and will provide 45 additional parking spaces; and the creation of a new multi - purpose field. Questions from the Commission concerned the length of the outfield fence line - -they were concerned about balls being hit outside of the field area; the number of available parking spaces; and whether or not the same public use agreement was in affect with the Parks & Recreation Department, like the one at Sherando School, for public use of the facility. Mr. Sullivan stated that in exchange for Parks and Recreation doing outside maintenance and preparation, they would have first use of the facilities when the school is not in operation. No action was required by the Planning Commission. 4299 PUBLIC HEARINGS Conditional Use Permit #016 -96 of Norris and Kathleen Westover to operate a small commercial bakery. The property is located at 1721 Wardensville Grade (previously Bragg's Market) and is identified with P.I.N. 50 -A -51 in the Back Creek District. Action - Recommended Approval Mr. Miller stated that the use would be classified as a cottage occupation since the planned activity will be in an accessory building. He said that staff concurs with the VDOT suggestion that the northern entrance be eliminated because of poor sight distance to the south. He also reported that the Health Department was unable to determine if a suitable septic system was available to service the property. He said that the applicant would need to address this issue and provide whatever system or facilities are required by the Health Department. There were questions from Commission members concerning the undetermined location of, and/or lack of, a suitable disposal system. Mr. Norris Westover, the applicant, said that they previously operated an ice cream machine, an ice machine, and a beefjerky business from this accessory building for about three years and probably used ten times the water that will be used for the bakery. He said that there were never any problems. Mr. Westover said that all he could determine was that a 10 foot deep pit was dug, approximately 6-7 X 6-7, it was filled with stone, and metal plates were placed over the top. He said there was no pipeline. Regarding the northern entrance sight distance issue, Mr. Westover agreed to close the entrance; but, again, he said that during the three years of previous operation, there was never a problem. He said that this will just be a small one -man operation, to make pumpkin rolls for the holidays. Commission members asked for the location of the well and septic system serving Mr. Westover's home. It was also determined that new, commercial ovens were going to be brought in and Commission members inquired if permitting would be required by the Inspections Department and whether review comments would be needed by the Fire Marshal. There were no citizen comments. Commission members had no other outstanding issues with the use proposed and recommended approval with the conditions suggested by the staff. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #016 -96 of Norris and Kathleen Westover for a Cottage Occupation for a Commercial Bakery with the following conditions: 4300 1, All review agency comments must be complied with at all times. 2. The northern entrance to the facility planned for the use will be eliminated. 3. If deliveries are going to be made to the property and/or customers coming to the location, a commercial entrance must be installed per the VDOT requirement. 4. Prior to beginning this use, Health Department inspection and approval shall be required. 5. If required for the use, proper facilities to handle waste water must be constructed. The 1997 Update of the Frederick County Comprehensive Policy Plan. Mr. Lawrence, Planner H, presented the proposed update to the 1997 Comprehensive Policy Plan for Frederick County. Mr. Lawrence stated that much of the work consisted of updating statistical information and minor grammatical corrections. He said that the statistical information consisted mainly of school enrollment and population figures. He said that the most significant addition is the text relating to the Route 11 North Land Use Plan. There were no public comments. Commission members endorsed the plan as submitted. Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 1997 Update of the Frederick County Comprehensive Policy Plan. PUBLIC MEETING Subdivision Application #007 -96 of Eastgate Commerce Center for the division of a 30.97 -acre site into two lots. This property is located on the south side of Route 642, at the proposed Eastgate Drive, and is identified with P.I.N. 76 -A -53 in the Shawnee District. Action - Recommended Approval Mr. Stone said that he would abstain from discussion and voting on this application, 4301 due to a possible conflict of interest. Mr. Miller said that VDOT has informed the applicant by letter what is required in order to proceed with industrial access funding for VDOT's contracting of the road. He said that sewer and water are available to the site. Regarding Planning and Zoning issues, Mr. Miller said there is no approved master development plan; however, one is being prepared and will be submitted in the near future. Mr. Miller explained that there is an existing client for this location and it is the desire of the County to approve this division to accommodate the client and make the property eligible for industrial access funds, which are available. He said that the industrial access funds will pay for construction of Eastgate Drive 100 feet past the property line dividing Lot 1 and Lot 2. He said that the staff is recommending that the requirement for a master plan be waived. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for the project, was available to answer questions from the Commission. A member of the Commission asked Mr. Maddox if he felt the two -laned 642 would be able to serve the area in the next 20 years. Mr. Maddox replied that a two -laned road with a modern design of this standard could handle, with appropriate interchange design such as has been done, approximately 12,000- 14,000 tpd, which will build over time. He said that as those trips build, other projects will be coming on line and will be required to improve the road. He added that all the major connection interchanges have center turn lanes, right and left turn lanes, etc., to facilitate turning movements. Mr. Maddox was asked if he anticipated a light at Routes 522 and 642 and Mr. Maddox replied that the intersection had already been wired for a light. There were no public comments. The Commission had no outstanding concerns with the subdivision. 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 Subdivision #007 -96 of Eastgate Commerce Center for the division of a 30.97 -acre site into two lots with the stipulation that no further subdivision occur until a master development plan is submitted. (Mr. Stone abstained from voting.) 4302 M ADJOURNMENT No further business remained to be discussed and the meeting adjourned by unanimous vote at 7:45 p.m. Respectfully submitted, Kris C. Tierney, Planning Director Charles S. DeHaven, Chairman 4303