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HomeMy WebLinkAboutPC_01-04-95_Meeting_Minutes1 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on January 4, 1995. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; and Vincent DiBenedetto, Winchester City Liaison. Planning Staff present: Evan A. Wyatt, Planner 11; W. Wayne Miller, Zoning Administrator; Kris C. Tierney, Deputy Planning Director; and Eric R. Lawrence, Planner 1. ABSENT: S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; and Robert M. Sager, Board Liaison. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of November 16, 1994 were unanimously approved as presented. 3925 2 BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DR &RS) - 12129194 mtg. Mr. Wyatt reported that the DR&RS discussed a proposed amendment to the MI District to allow truck rental facilities. He said that they also discussed the need to create a policy statement pertaining to vested rights. Sanitation Authority (SA) - 12/23/94 mtg. Mrs. Copenhaver reported that the SA's rate increases will be effective January 1, 1995. She said that bids are being submitted for the Route 522 South Sewer System and the Route 642 /Frederick Woods project. Election of Officers and 1995 Meeting Schedule Chairman Golladay announced that he was resigning from the Planning Commission effective January 11, 1995. Election of Charles S. DeHaven, Jr., Chairman Chairman Golladay declared nominations open for chairman. The nomination of Charles S. DeHaven, Jr. for Chairman was made by Mr. Marker and seconded by Mr. Romine. 3926 3 A motion was made by Mrs. Copenhaver, seconded by Mr. Thomas and unanimously passed to close the nominations for Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Charles S. DeHaven, Jr. as Chairman of said Commission for the year of 1995. Election of John R. Marker, Vice - Chairman The nomination of John R. Marker for Vice Chairman was made by Mrs. Copenhaver and seconded by Mr. Romine. A motion was made by Mr. DeHaven, seconded by Mrs. Copenhaver, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect John R. Marker as Vice Chairman of said Commission for year of 1995. Election of Robert W. Watkins, Secretary The nomination of Robert W. Watkins for Secretary was made by Mrs. Copenhaver and seconded by Mr. Marker. A motion was made by Mr. Marker, seconded by Mr. Stone, and unanimously passed to close nominations for Secretary. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Robert W. Watkins as Secretary for said Commission for the year of 1995. - I' )- 3927 M 1995 Meeting Schedule Upon motion made by Mr. Romine and seconded by Mr. Thomas. BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have regular monthly meetings on the first and third Wednesday of each month at 7:00 p.m. and worksessions on the fourth Monday of each month, as needed, at 7:30 p.m. Both regular meetings and worksessions will be held in the Board Room of the Old Frederick County Court House at 9 Court Square, Winchester, Virginia. Reappointment of George L. Romine as liaison to the Winchester- Frederick County Economic Development Commission Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously reappoint Mr. George L. Romine as the Planning Commission's liaison to the Winchester- Frederick County Economic Development Commission for a three -year term, beginning February 1, 1995. Appreciation of Service of .tames W. Golladay, Jr., as Chairman of the Planning Commission Mr. Richard Dick, Chairman of the Frederick County Board of Supervisors, came forward to publicly thank Chairman Gottaday for his years of service and leadership on the Planning Commission. 3928 5 PUBLIC HEARINGS: Recommended 1995 Update of the Comprehensive Policy Plan for Frederick County Action - Recommended Approval Mr. Tierney reported that the most significant changes to this year's Comprehensive Plan Update include the addition of a significant amount of information from the recently completed Corridor Report on Routes 50, 7 and 11, and the update of the Eastern Road Plan. Changes to the Eastern Road Plan included the removal and /or the addition of road segments resulting from development in various areas and changes in classification between major and minor collectors. Mr. Tierney said that there was one small addition to the Urban Development Area (UDA) in response to a citizen request. The addition consisted of a 27 acre tract located between Merriman's Lane and Route 37 in response to a citizen request. The Commissioners were pleased with the work done by the Comprehensive Plans and Programs Subcommittee on this year's update of the Comprehensive Plan. They felt this was a "living" document for the community, for landowners, for developers, and government officials. There were no citizen comments. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 1995 Draft Update of the Comprehensive Policy Plan for Frederick County. CUP #012 -94 of Mark Anderson and James Casey for a veterinary hospital /office. This property is located at 667 Walter's Mill Lane (Route 836) and is identified as PIN 44 -A -100 in the Stonewall District. Action - Recommended Approval with Conditions Mr. Miller said that a veterinary office, clinic, or hospital is a permitted use in the RA Zoning District with an approved Conditional Use Permit He said that this proposed use is to be co- located with the existing dog kennel that is operated by the Andersons under CUP #001 -86. Mr. Miller said that since this veterinary service is being 3929 6 operated in conjunction with the kennel, it does not appear that this use will create any additional impacts. Mrs. Cheryl Anderson said that both she and her husband, Mark, owned the building that Dr. Casey's office would be located in. Mrs. Anderson said that Dr. Casey's business will be primarily to serve existing clients that are using their services at the boarding kennel. She said that they predict an increase of two to five additional people using the building on a daily basis. Chairman Golladay called for public comment and the following persons came forward to speak in opposition: Ms. Tina Bragg, the closest neighbor to the Anderson kennel, felt that a precedent was being set to allow continued business growth on this property. Ms. Bragg said that the road was barely wide enough in some places for vehicles to pass and there was inadequate drainage. She said there is constant traffic on the road, sometimes as late as 11:00 and 12:00 p.m. Ms. Bragg said that the veterinary office is currently in operation and she would like to see it closed until a traffic survey could be done. Ms. Bragg added that she felt the Andersons were violating the conditions of their current CUP by allowing dogs outside the kennel. She said that she hears the dogs barking on occasion. Mr. Gregory Roberts, resident of 160 Walter's Mill Lane, said that he was not opposed to the Anderson's business, but he was concerned about the increasing traffic on Walter's Mill Lane. Mr. Roberts said that there are five families that use this road and only his home is on the first mile, which is state maintained. He said the remainder of the road must be maintained by the other four families. Mr. Roberts said that his kitchen is only 30' from the center of the road and he was concerned about how fast traffic went by his home. He said that with the expansion of Mrs. Anderson's business, there will be more customers resulting in increased traffic. Dr. James Casey came forward and said that about 95% of his business will be on animals that are already at the boarding kennel. He said that his facility has been inspected by the Department of Health and the Board of Veterinary Medicine. Dr. Casey said that he was a Federally accredited veterinarian. Mr. Wyatt noted that this section of Route 836 has been on the Secondary Road Improvement Plan for two years, but it is not a scheduled project. Chairman Golladay felt that some priorities needed to be set with regard to scheduling of hardsurfacing of roads. He said that there are residents of Frederick County who have been putting up with dirt roads for the past 40 years. Upon motion made by Mr. Romine and seconded by Mr. Thomas, 3930 III BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of C.U.P. #012 -94 of Mark Anderson and James Casey for a veterinarian hospital with office space with the following conditions: 1) Any expansion of facilities to accommodate this use will require revision of the original kennel site plan. 2) Any expansion of buildings or facilities beyond that approved by the original site plan will also require a new or amended C.U.P. OTHER ITEMS INFORMAL DISCUSSION WITH MR. LINDEN UNGER REGARDING A POSSIBLE REZONING Mr. Tierney said that Mr. Linden Unger wishes to discuss the possibility of rezoning a parcel of land approximately 1 113 acres in size, located on the south side of Route 522 North, from B2 (Business General) to RP (Residential Performance). Mr. Tierney said that this area along Route 522 North is a mixture of business and residential uses and this general area would be expected to gradually transition to a predominantly business corridor. He added that the parcel itself is low and during periods of heavy rain is, at least partially, under water. Mr. Linden Unger said that the adjoining property owner (Parcel #54), Mrs. Beatrice E. Fincham, is interested in buying his property for the sole purpose of enlarging the frontage on her residential property. Commissioners commented that because this narrow strip of property was situated between business zoning on either side, that RP zoning may not be appropriate. They felt more inclined to view RA as the proper zoning, to match Mrs. Fincham's existing property. The Commissioners had questions regarding the zoning and size of adjacent parcels. Since the answers to these questions were uncertain, the Commissioners requested the staff and applicant to research the matter and come back to the Commission. 3931 INFORMAL DISCUSSION REGARDING THE LINDWOOD RITTER REQUEST FOR SEWER EXTENSION. Mr. Lindwood Ritter came forward and requested that the Commission table his discussion until the next meeting. Mr. Ritter said that he passed some information to Mr. Robert Sager and Mr. Sager has not yet been able to respond. The Commission agreed to table the discussion item until a later time. INFORMAL DISCUSSION REGARDING A POSSIBLE R EZONING ON ROUTE 7 Mr. Tierney said that Mr. John Fauler is interested in rezoning approximately three acres from B2 (Business General) to 133 (Industrial Transition) for the purpose of establishing a mobile home sales business. He said that this parcel is located in front of the recently renovated Franklin Mobile Home Park. Mr. John Fauler said that this would be a manufactured housing sales center and he would have two display units plus an office on the property. Mr. Fauler said that he would have an access directly on Route 7, rather than use Eckard's Circle. Commissioners were concerned about the storage of trailers',on the site, the amount of tractor /trailer traffic, and the storage of construction /erection equipment on the site. DISCUSSION REGARDING THE 1995 -1996 CAPITAL IMPROVEMENTS PLAN (C.I.P) Mr. Tierney said that the Comprehensive Plans and Programs Subcommittee (CP &PS) finalized their recommendation for the 1995 -1996 C.I.P. at their meeting of December 12, 1994. He said that the C.I.P. includes 28 projects at a cost of roughly $70 million, which includes debt service on all projects except the County Office Complex. Mr. Tierney said that this total does not include Sanitation Authority or landfill projects, since they are fee - sustained. Mr. Tierney said that in light of recent developments with the School Board, some of the information in the C.I.P. is likely to change. He said that Mr. Thomas Malcolm and Mr. Sullivan of the School Board were present to elaborate on those proposed changes. 3932 9 Mr. Malcolm came forward and stated that the three basic changes to their plan included 1) the conversion of the Kline building from the school board's offices to an elementary school; 2) instead of adding air conditioning to Stonewall school, they are proposing a new facility at the same location; and 3) instead of an addition to the building and grounds facility, they are proposing the complete relocation of that facility to Route 7. Mr. Malcolm next proceeded to discuss in detail each of the items on the Schools Board's revised plan. A couple items of concern were raised by the Planning Commission with regards to the new Stonewall Elementary School. Commission members pointed out that the entire Route 11 corridor along that area is under constant pressure for rezonings to business and frequently, to industrial uses. Commission members felt that parents of Stonewall School children and the School Board officials needed to be aware that their school will be in the middle of an industrial area. Commissioners also asked that School Board officials look into alternate disposal methods for Stonewall School besides a septic system. It was noted that this was a growing area with a lot of wells and a failing septic system could cause problems with these surrounding wells. The staff noted that this C.I.P. would be sent back to the CP &PS for their meeting on January 9 and their recommendation will be forwarded to the Planning Commission for their next meeting on January 18. No action was needed by the Commission at this time. DISCUSSION REGARDING THE AGRICULTRUAL AND FORESTAL DISTRICT Mr. Wyatt said that on May 17, 1994, property owners along Double Church Road (Route 641) and Refuge Church Road (Route 639) met with Extension Agent, Gary DeOms and the Planning staff to begin the process necessary to create a new agricultural and forestal district in Frederick County. Mr. Wyatt said that one of the criteria for this district is that a core area of at least 200 acres is needed. He said that since the original meeting, some landowners withdrew their application. He said that some parcels that remained were not directly contiguous to the core area, but were within a one mile radius. Mr. Wyatt said that these properties are referred to as "satellite districts" and can become a part of the core area. He said that upon receiving the final tally of properties, it was decided that there was a need to create two separate districts: The Double Church District and the Refuge Church District. Mr. Wyatt said that the Agricultural and Forestal District Committee suggested that when this goes to public hearing, it should be taken with certain statements tc OSM 10 of intent. One being that some uses requiring a C.U.P. not be permitted within this district; and secondly, that the five -acre subdivision provision should not apply to this district. Mr. Wyatt said that the committee also felt that the UDA boundary line may need to be adjusted during the 1995 update of the Comprehensive Plan. The Commissioners wanted the staff and the committee to make sure that all of the property owners involved fully understood the ramifications of setting aside their land for this district for a five -year period. DISCUSSION REGARDING THE 1995 ISTEA ENHANCEMENT PROPOSAL Mr. Wyatt presented a map of the proposed Civil War Battlefield Tour Network. Mr. Wyatt said that in order to create this network, the acquisition of property is necessary and the purchase of the Grim Farm has become the first priority. He said that last year, Frederick County and Winchester submitted a joint ISTEA application and was awarded $1 million towards the purchase price. Mr. Wyatt said that staff is updating the application again this year and the purpose is to attempt to obtain additional funding for the Grim farm. The option to purchase the Grim Farm, which expires December 1, 1996, provides a two -year window to secure the financing necessary to acquire the site. Mr. Wyatt said that he feels it is very important for the state to be able to define the "tour network" and the improvements that are envisioned within that network. Mr. Wyatt said that with that in mind, although it is not required by law, staff is requesting that the Planning Commission forward a recommendation to the Board of Supervisors for their public hearing on January 11, 1995. Upon motion made by Mrs. Copenhaver and seconded by Mr. Dehaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the proposed Civil War Battlefield Tour Network and does hereby endorse the 1995 ISTEA Enhancement Proposal Grant Application. ISSUES AND STRATEGIES FROM THE 1994 PLANNING COMMISSION RETREAT Mr. Watkins presented a list of issues and strategies that were discussed at the Planning Commissions 1994 retreat. Mr. Watkins said that the staff will work on ways to bring about the strategies and issues discussed. 3934 11 OTHER: Mr. Wyatt said the DR &RS entertained a request at their last meeting from Penske Truck Leasing Company. He said that they are interested in renting space on Ml property to establish a truck leasing and rental facility in Frederick County. He said that it was determined that this use was not permitted in the Ml District. (It is permitted in B3 and M2 Districts). Mr. Wyatt said that it was the feeling of the DR &RS that it may be appropriate to have this use in the M1 District provided there are reasonable performance standards associated with the use. The Planning Commission instructed the staff to proceed with advertisement of the amendment for public hearing. ADJOURNMENT There being no further business to discuss, the meting adjourned. Respectfully submitted, Robert W. Watkins, Secretary KiIO }7