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PC_04-05-95_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 April 5, 1995. PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr., Chairman /Stonewall District; John R. Marker, Vice Chairman /Back Creek District; John H. Light, Stonewall District; Marjorie H. Copenhaver, Back Creek District; Robert . A. Morris, Shawnee District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; Richard C. Shickle, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. ABSENT: S. Blaine Wilson, Shawnee District Planning Staff present: Robert W. Watkins, Director and Secretary; W. Wayne Miller, Zoning Administrate; Evan A. Wyatt, Planner 11; Eric Lawrence, Planner I; and Kris C. Tierney, Deputy Director. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - MEETINGS OF MARCH 1. 1995 & MARCH 15,199 Upon motion made by Mr. Thomas and seconded by Mr. Marker, the minutes of March 1, 1995 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. 'Thomas, the minutes of' March 15, 1995 were unanimously approved.as presented. 3971 2 BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee - 3/23/95 Mt?. Mr. Thomas reported that the DRRS discussed the sign overlay district. Mr. Wyatt said that the DRRS will present a draft of the Sign Overlay District to the Commission for their meeting of April 19 for informal discussion. Comprehensive Plans &Programs Committee Mrs. Copenhaver reported that the CPPC has set a public meeting for the Round Hill Community Center for May 8, 1995 at 7:30 p.m. Mrs. Copenhaver said that the committee will meet with the residents of the area to get their input on sewer, development, industry, etc. Historic Resources Advisory Board - 3/21/95 Mr. Tierney said that the HRAB finalized their recommendations for guidelines for new construction in Historic Overlay Zones. Economic Development Commission Mr. Romine reported that the Local Industry Committee had their regular meeting. Mr. Romine said that the duty of this committee is to call on local industry to determine needs and help find solutions. He added that this committee consists of retired area businessmen. 3972 K Winchester Planning Commission - 3/14195 Mr. Shiclde reported that the City Planning Commission tabled the Winchester Medical Center's rezoning request. Mr. Shickle said that this item was tabled to give the Commissioners more time to review a lot of informational material, not because of issues related to the interchange on Route 37. PUBLIC HEARINGS: Conditional Use Permit #003 -95 of Raymond Bailey for an automobile garage without body repair. This property is located at 302 Poorhouse Road and is identified with PIN 52 -A -71 in the Gainesboro District. Action - Recommended Approval Mr. Miller said that automobile repair without body repair is permitted in the Rural Areas (RA) Zoning District with an approved CUP. He said that the applicant proposes to construct a building on an existing concrete pad where there previously was a structure. Mr. Miller said that the structure will have high visibility in what is basically a residential area. He suggested that because of the high site visibility and the configuration of the neighborhood, that vehicles awaiting repair should be very limited or screened from public view. Mr. Raymond Bailey, the applicant, was present to answer questions. In regards to an underground tank located at the rear left corner of the concrete pad, Mr. Bailey said that the tank was existing when he bought the property and he does not use it. Mr. Bailey said that he has filled the tank with sand. Mr. Bailey said that he planned to place a steel two -bay structure on the existing 30' X 60' concrete pad, the same size as the pad. Mr. Bailey said that he understood the proposed conditions to his permit and could work within those conditions. Chairman DeHaven called for public input and the following citizens came forward to speak in opposition: Mr. Everett Bowers, resident at 216 Poorhouse Road, presented a petition with 16 signatures of neighbors who were opposed to the Conditional Use Permit. Mr. Bowers said that the neighbors were in opposition because the road was narrow and unsafe, 3973 4 and the garage would be detrimental to property values and the appearance of the area. Mr. Glen Richman, adjoining property owner, was opposed because he felt it would negatively effect property values, he felt that the roads could not handle more traffic, it would create safety concerns, and this was an established neighborhood. Mr. Harry Orndoff, Trustee representing Emmanuel Independent Baptist Church, had questions concerning outdoor storage, hours of operation, and leasing of the building. Mrs. Valerie Cote', resident at 753 Poorhouse Road, said that she had recently invested a substantial amount of money to upgrade and refurbish her home and she felt the garage would be detrimental to her property value. Mrs. Cote' was concerned about the traffic on Poorhouse Road because it was narrow and winding. She felt that traffic and noise would increase. She was also concerned about the safety of neighborhood children boarding and departing school buses along the road. She was also concerned that the property would become an eyesore. The Commissioners felt that if the conditions were adhered to and the property maintained, appearance should not be a problem. They felt that this would be a fairly low intensity use and traffic should not increase by any appreciable amount. Upon motion made by Mr. Ronine and seconded by Mr. "Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of CUP #003 -95 of Raymond Bailey for an automobile garage without body repair with the following conditions: I. All review agency comments will be complied with prior to any service to the public. 2. The existing underground tank must be removed, disabled, or properly permitted. 3. All repair work must take place inside of an enclosed building. 4. No outside storage of parts or other materials shall be allowed. 5. No inoperative vehicles shall be allowed to be stored on the property. 6. No more than five vehicles awaiting repair will be allowed to be openly displayed on the property at any one time. 7. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday. 3974 K 1 This motion was approved by the following majority vote: YES (TO APPROVE): Ours, Shickle, Morris, Thomas, Routine, Marker, Copenhaver, Light, Stone NO: DeHaven Chairman DeHaven called for disposition on the letter from Mrs. Valerie Cote' and the petition from Mr. Everett Bowers. Upon motion made by Mr. Marker and seconded by Mr. Thomas, both the letter and petition were made a part of the official record. (These items will be placed in file CUP #003 -95.) Rezoning Application #008 -94 of James Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business Ceneral). This property is located at the intersection of Custer Avenue and Pembridge Road and is identified with PINS 64A- 4-20A; 64A- 4-10A, and 64A -10-B in the Shawnee Magisterial District. Action - Tabled for Two Weeks Mr. Tierney said that this rezoning application was tabled by the Commission at their meeting of November 2, 1994 and was subsequently tabled twice (December 7, 1994 and March 1, 1995) at the applicant's request. Mr. Charles W. Maddox, Jr., of C.W. Clifford & Associates, the consulting engineers for this project, said that he was representing Mr. James Carroll, the owner of the property. Mr. Maddox said that a meeting was held with the property owners at Greenwood Fire Hall to get their input. hie said that it was determined that a transportation plan in this area could: 1) benefit the neighborhood residents by creating good traffic control for the B2 uses while fitting in with the neighborhood environment; 2) benefit the owner by the creation of geometrically better parcels that would be more marketable; and 3) because of the large amount of land to the rear of this site that is zoned for RP development and the potential increase in traffic, it would create a collector road for the Route 50 /Senseny Road Corridor. Mr. Maddox next described the proposed traffic plan to the Commission. His proposal basically called for an access from Route 50 into the area to the north, towards Senseny Road, and provided a side access into Pembridge Heights. The Miller Heights 3975 G access, which is Custer Avenue, would be relocated into a 90 degree intersection far enough away from the Route 50 intersection to allow sufficient room for stacking, etc. Mr. Maddox said that this was a significant infrastructure project and money for the project would have to be acquired from other sources besides Mr. Carroll's proposed project. Mr. Maddox felt it would be about a year or two before he could present a formal proffer because of the extensive survey work, abandonment and rededication of right -of -ways, etc. He said that Mr. Carroll is willing to undertake this process only with the support of the Pembridge Heights property owners. Mr. Maddox requested that the Commission table the rezoning for another two weeks so that the property owners could make a decision on whether or not they were in favor of the proposal. Commissioners asked if a definite use had been planned for the site and Mr. Maddox replied no. Mr. Maddox said that Mr. Carroll does not have a buyer and does not wish to proffer a use at this time. Chairman DeHaven called for public comments and the following citizens came forward to speak in opposition: Mr. John Smoot, member of the Board of Directors for the Pembridge Heights Homeowners Association, said that there seemed to be a lot of people in favor and many were opposed to Mr. Maddox's proposal during the public meeting. Mr. Smoot said that since the homeowner turnout at the public meeting was so low, the Board felt they could not take the position of being the spokesperson for the whole subdivision. Mr. Smoot asked that the Commission require some type of guarantee from the applicant that promises will be fulfilled if the rezoning is approved. Mrs. Ruth Ann Snyder, resident at 106 Clarenden Court, was concerned about creeping commercial development towards her home and how it would negatively effect the quality of her life. She also felt it would negatively effect her property value. Mrs. Snyder also felt it would be unsafe for children to board and exit school buses in a commercial area. Mrs. Snyder added that she felt it was wrong for someone to make a lot of money at the expense of a lot of other people. Ms. Penny Ravis, resident on Pembridge Drive, was opposed to the proposed five -lane road because it was so close to her backyard. Ms. Ravis was concerned that if a connection was made to Senseny Road, it would increase the traffic around her home. Mr. Jim Davern, resident at 105 Clarenden Court, said that his property overlooks the proposed B2 area. Mr. Davern said that he was opposed to any commercial development on Mr. Carroll's property. Mr. Melton Baegent, resident on Custer Avenue in the Miller Subdivision, was concerned about the noise that would be generated by commercial development. 3976 Mr. Kerry Kimball, resident of Pembridge Heights, requested thatassurances be made by the applicant that what is provided in the plan will be carried out after the rezoning takes place. Mr. Foster Shwartz, area resident, expressed concern about the cost and use of the proposed five -lane road. He was also concerned that a definite use for the property had not been determined. The Commissioners felt this was a unique situation in which the developer made a commitment to work with a group of residents. They felt the proposal had many pluses, especially long term; however, many questions were still left unanswered. The Commissioners felt that the existing entrance to Pembridge Heights was inadequate and the applicant's proposal had presented the homeowners with an aesthetically appealing, public - safety oriented entrance. They also felt that the proposed entrance would be beneficial when future RP -zoned land to the north was developed. Commissioners agreed that leaving the property zoned RP would not necessarily be better than the B2 proposal. Some of the Commissioners felt it would be better to know the proposed use up front so they could determine how intrusive it might be and how it might impact the quality of life on the adjoining property owners. Another point made was that the applicant should pay particular attention to the landscaping and buffering at the site plan stage so that the closest property owners would be protected. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Rezoning Application #008 -94 of James Carroll for two weeks at the applicant's request. An amendment to Chapter 165, Zoning Ordinance, of the Frederick County Code, Article V, RA (Rural Areas) District, Section 165 -51, Conditional Uses. This proposed amendment will eliminate specific agricultural uses as required by the 1995 Right- to-Farm legislation. Action - Recommended Approval Mr. Wyatt said that Governor Allen signed the SB 513/1 1228 Right -to- Farm Bill into legislation effective April 1, 1995. Mr. Wyatt said that this legislation prohibits localities from requiring special use permits for agricultural and silvicultural production activities on property that is zoned for agricultural use. He said that the Frederick County Zoning Ordinance will need to be amended to eliminate all agricultural production operations that currently require a conditional use permit. Mr. Wyatt said that those uses include poultry production operations, fish production operations, and swine 3977 E production operations. Mr. Wyatt said that Frederick County is in the process of working with the Extension Service, members of the agribusiness community, and Jesse Richardson, a local attorney whose expertise is in the field of agriculture, to develop reasonable performance standards that are permitted under this legislation. There were no public comments. Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter 165 of the Frederick County Code, Zoning, Article V, RA (Rural Areas) District, Section 165 -51, Conditional Uses, and Section 165 -50, Permitted Uses, as follows: Elimination of the following subsections of Section 165 -51, Conditional Uses and placing these subsections into Section 165 -50, Permitted Uses 165 -51A Poultry farms and hatcheries and egg production. 165 -51B Fish hatcheries and fish production. 165 -51C Hog farming. An Amendment to Chapter 165, Zoning Ordinance, of the Frederick County Code, Article X, Business and Industrial Zoning Districts, Section 165 -82, District Use Regulations. The proposed amendment will allow art dealers, art supplies, and art framing operations as a permitted use in the BI (Neighborhood Business) District. Action - Approved Mr. Wyatt said that the during the March 15, 1995 regular meeting of the Planning Commission, Mr. John Stevens requested an opportunity to informally discuss the potential for rezoning his property from BI to B2 to allow an art gallery and framing shop. Mr. Wyatt said that during this meeting, the Commission felt that it may be more appropriate to amend the 'Zoning Ordinance to allow this use than to have Mr. Stevens rezone his property. Mr. Wyatt presented the amendment to the Commission. There were no public comments. 3978 9 Upon motion made by Mr. Thomas and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter 165 of the Frederick County Code, Zoning, Article X, Business and Industrial Districts, Section 165 -82A, Neighborhood Business District, as follows: 165 -82A BI Neighborhood Business District Allowed Uses 64 Art Dealers, Art Supplies, and Art Framing None OTHER Master Development Plan #001 -95 of Valley Mill Estates for 22 single - family homes located north of Valley Mill Road (Rt. 659), approximately 3/4 mile east of Greenwood Road (Rt. 656). This property is identified with PINS 55 -A -176 and 55- A -176B in the Stonewall Magisterial District. Action - Recommended Approval Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, the consulting engineers for this project, was present to represent the owner, The Cameron Group. Mr. Gyurisin presented the Valley Mill Estates Master Development Plan to the Commission. The Commissioners questioned why Juice Street was shown as a dead -end street. They were concerned about access for emergency rescue vehicles. Mr. Richard Pifer, partner in the Cameron Group, said that when this request was first brought before the Commission, they described how they wanted to make it a large lot, up -scale subdivision. Mr. Pifer said that from a marketing standpoint, they were hesitant about making Juice a through street because of the amount of traffic that might access through that point. He felt the proposed configuration, with the two connectors at the northern end of the property, was going to give the continuity of flow of traffic through this subdivision into the contiguous parcel to the west and still give them a cul -de -sac where the larger lots would be located. Mr. Pifer said that for that reason, in addition to the bad topography at the Juice Street location, were the two primary reasons they were seeking this configuration. 3979 10 Mr. Lawrence pointed out that comments by the County Engineer on stormwater management and fills on Mill Race Drive will need to be addressed. lie said that the staff's recommendation is for approval. There were no public comments. Mr. Light said that comments from VDOT state that Julee Street has no means of turn - around for school buses or maintenance vehicles and suggested that the developer be required to construct a cul -de -sac. Mr. Tierney replied that the staff's opinion was that the county does not have the authority to require this developer to go into a previously developed subdivision to construct a cul -de -sac. Commissioners were basically supportive of the master plan because of the large lots that were proposed as opposed to a higher density plan, especially in light of the traffic situation on Valley Mill Road. However, some Commissioners had concerns about Julee Street not being extended. They felt that school buses, utility vehicles, and emergency vehicles would have access and turn - around problems. It was noted that the topography at this location would make it difficult to extend the street. Commissioners felt that in the future, particular attention should be paid to the topography where connecting street extensions are planned. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #001 -95 of Valley Mill Estates contingent upon the rezoning of the property to RP (Residential Performance) and provided the applicant has adequately addressed all review agency comments, Planning Staff comments, as well as all comments and concerns of the Planning Commission and the Board of Supervisors. INFORMAL DISCUSSION REGARDING PROPOSED RP (RESIDENTIAL PERFORMANCE) AMENDMENTS Mr. Wyatt said that the DRRS considered a request by Mr. Bruce Welch to allow veterinary offices, clinics, or hospitals in the RP District with a conditional use permit. He said that the DRRS felt that this use was conducive to the RP District, provided that the boarding of animals was limited only to those that were receiving medical or surgical attention. Mr. Wyatt said that the essence of the DRRS's discussion focused on whether performance standards were warranted for this use or whether conditions should be created M on a case by case basis. He said that the issues that were discussed included indoor and outdoor kennels, buffers and screening, outdoor lighting, the type and size of permitted business signs, and the potential need for an outdoor exercising area for therapeutic or diagnostic use. Mr. Wyatt said that the consensus of the DRRS was to allow this use without performance standards and to list the use as veterinary offices, clinics, or hospitals and have a statement that the only boarding associated with the operation would be for medical or surgical attention. He said that the DRRS felt that each use should be reviewed on a case by case basis in order for each particular site to be evaluated. The Commission was in favor of considering the veterinary clinics as a conditional use permit rather than listing the use with performance standards and instructed the staff to advertise an amendment for the next available public hearing. INFORMAL DISCUSSION WITH RAYMOND L. FISH, D.V.M., REGARDING THE COUNTY ORDINANCE AS IT RELATES TO FAMILY LOT SUBDIVISIONS. Mr. Raymond L. Fish, D.V.M. cause forward and said that his discussion concerns property that he owns on Apple Pie Ridge and his desire to give to each of his five children an acre of this property. Mr. Fish said that he discovered after speaking with the zoning administrator that family subdivisions now require a minimum of two acres and a minimum of 250' of road frontage. Mr. Fish said that he was not aware that in 1991 a amendment was made to the Frederick County Code to change the minimum size of a family subdivision from one acre to two acres. Mr. Fish said that he contacted several people who were members of the Board of Supervisors at the time this amendment took place, including the Chairman, Mr. Kenneth Y. Stiles, and he said that these, people were also unaware of the change. Mr. Fish felt this requirement should be rescinded. Mr. Fish said that Mr. Stiles and Mr. Charles Orndoff were present to speak in his behalf. Mr. Kenneth Y. Stiles, citizen from Stonewall District and former Chairman of the Frederick County Board of Supervisors, said that he spoke with Mr. Miller at the Planning Department and was told that the family subdivision lot size change was made in 1991 when the county made major revisions to the RA (Rural Areas) Zoning District. Mr. Stiles said that he was intiniately involved with the drafting of that ordinance and he was not aware that they were changing the minimum lot size for family subdivisions from one to two acres. He said that he would have been veheniently opposed to it and he felt it was not the intent of the Board to increase that lot size. Mr. Stiles felt that it was wrong because it took more land out of productive agriculture for someone to put a house on. Mr. Stiles said that he spoke with Robbie Rhodes, who was the vice chairman of the Board at the time, and Mr. Fish spoke, with Manuel Deflaven, who was on the Planning 3981 12 Commission, and both of these people's recollection was the same as his. Mr. Stiles felt that the Commission also needed to revise theanininnun road frontage. Mr. Stiles said that in conjunction with this, he discovered that the "one -time division lot" was also removed from the ordinance and he was not aware of this or in favor of it. Mr. Stiles said that this was an important part of protecting and preserving agricultural land in Frederick County. Several of the Commission members, Mr. Marker, Mr. Thomas, and Mrs. Copenhaver, said that they distinctly remembered detailed discussion of this issue at the subcommittee level. Mr. Light said that as a realtor, he also was aware of the two -acre minimum lot size required by the ordinance. Mrs. Copenhaver said that the 250' frontage was established to prevent too many driveways from coming out onto a main road. Mr. Thomas felt that if the goal was to preserve agricultural land, then it would be best to look into the elimination of the five -acre lot. Mr. Charles W. Orndoff, Sr., Stonewall District Representative on the Board of Supervisors, said that he recently gave each of his five children approximately 1 1/2 - 1 3/4 acre to build on. Mr. Orndoff said that this acreage is sufficient for them for a septic and a nice home and is probably even too much land. Mr. Orndoff said that he agreed with Mr. Stiles in that as far as he could recall, family subdivisions were not discussed at the Board meeting in 1991 when the Rural Areas District was amended. He said that he spoke with Mr. Dudley Rinker and Mr. Harrington Smith, who were both on the Board at the time, and they did not recall changing the family subdivision lot size. Mr. Orndoff felt that it should be rescinded and changed back to the one -acre minimum. Mr. Donald Welsh, area resident, said that he felt the family lot division was being abused by some people. Mr. Welsh said that he knew of an instance where a person received approval to give each of his three very young children lots, however, the parent built on the lots and sold them. Mr. Welsh felt that family lot subdivisions should have an age limit, a time limit on building, and that the recipient of the lol should be required to reside on the lot. Mr. Welsh said that he also was unaware that the minimum family lot size was changed to two acres. Some of the Commissioners said that they still firmly believed in the two acre lot size, however, they would be willing to relax width requirements with the stipulation that shared driveways were used. Mr. Thomas said that he was fairly involved with this issue at the time it was changed and he said that it was studied very deliberately. Mr. Thomas felt that it shouldn't be changed without serious investigation. After lengthy discussion, the consensus of the Commission was to send the issue to the DRRS for study. RECOMMENDATION OF THE COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) CONCERNING THE REQUEST OF LIN WOOD RITTER FOR 3982 13 SEWER EXTENSION Mr. Tierney said that the CPPC again discussed this matter at their March meeting, at the request'of the Planning Commission, and it was the consensus of the CPPC that it would not be appropriate to extend either the Sewer and Water Service Area or the Urban Development Area at this time. Mr. Tierney said that the Committee's decision was based on the precedent situation that may be caused by extending the Sewer and Water Service Area to accommodate an individual property owner, let alone an individual enterprise. Commissioners noted that Mr. Ritter's property was zoned MH -1 (Mobile Home) and if he was permitted to connect to the sewer, he could place 42 mobile homes on his parcel. it was noted that not far from this property, there was another mobile home park with a similar system and the same zoning. The Commissioners were concerned about the precedent setting situation that may be caused by extending sewer to Mr. Ritter's property. They were also concerned about the open lagoon on the property, which is adjacent to the park, and the probability of it presenting an environmental and public safety /health hazard. They wanted to see a solution to that problem, however, most of the Commissioners felt that extending a sewer line was not the best solution. The staff noted that Mr. Ritter will be required by the Department of Environmental Quality (DEQ) to upgrade his system. Mr. Tierney said that once Mr. Ritter applies I'o• his DPDES permit, he will be required to upgrade his system within Ibur years. Mr. Light moved to recommend denial of Mr. Ritter's request for sewer extension to his MH1 property located on Route 636. This motion was seconded by Mrs. Copen haver and was passed by a majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend that Mr. Linwood Ritter's request for sewer extension to his MHI property located of Route 636 be denied. The Planning Commission felt that it would not be appropriate to extend either the Sewer and Water Service Area or the Urban Development Area at this time. The vote on this recommendation was: YES (TO DENY THE SEWER IIOOK -UP): Ours, Morris, Marker, Copenhaver, Light, DeHaven NO: Shickle, Thomas, Romine, Stone APPOINTMENT OF MR. RICHARD C. OURS '1'O THE COMPREHENSIVE PLANS 3983 14 AND PROGRAMS COMMITTEE Chairman Deflaven appointed Mr. Richard C. Ours to the Comprehensive Plans and Programs Subcommittee. 3984 15 ADJOURNMENT No other business remained to be discussed and the meeting adjourned at 10:20 p.m. Respectfully submitted, Robert W. Watkins, Secretary Charles S. Deliaven, Jr., Chairman 3985