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PC_10-04-95_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 October 4, 1995. PRESENT: Planning Com :nt were - Charles S. DeHaven, Jr., Chairman /Stonewall District; John R. Marker, Vice Chairman /Back Creek District; S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District Staff present - Robert W. Watkins, Director and Secretary; Evan A. Wyatt, Planner 11; W. Wayne Miller, Zoning Administrator; Kris C. Tierney, Deputy Planning Director; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES OF SEPTEMBER 6 1995 Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of the September 6, 1995 meeting were unanimously approved as presented. 4067 2 RI M I Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Mr. Wyatt reported that the DRRS discussed issues associated with creating a vested rights policy for Frederick County. Comprehensive Plans & Programs Committee (CPP ) - 9/25/95 Mtg. Mrs. Copenhaver said that the CPPS received a mixed reaction to the proposals presented at the Round Hill Community meeting held on September 25, 1995. Mrs. Copenhaver said that Kris Tierney of the Planning staff did an excellent job of handling the public meeting. She commended him on the way he answered questions and kept the meeting on track. Mr. Romine said that the Commission is working on an Enterprise Zone for downtown Winchester, they are working on some programs with Dowell J. Howard and Lord Fairfax Community College, they've established a plastics recycling and purchasing consortium, and they are working on the Shell building. 4068 3 Sanitation Authority - 10/04/95 Mtg. Mrs. Copenhaver reported that the Parkins Mill enlargement is on hold. She also reported that the Sanitation Authority approved a bid on their proposed administration building. SUBDIVISIONS: Application //011 -95 of Fredericktowne Estates, Sections 10 and 11, to subdivide 15.4738 acres for a 34 lot subdivision consisting of single - family housing. This property is located east of Stephens City and north of Fredericktowne Estates, Sections 8 and 9, and is identified with PIN 75 -A -72 in the Opequon District. Action - Approved with Contingency Mr. Miller said that the County Engineer has recommended that additional work be done on erosion and sediment control and that storm water management issues be addressed. He said that the County Engineer has also suggested that individual site plans be submitted for Lots 198 -203, 207, 208, and 210. Mr. Miller said that it has been suggested that the requirement for a detailed site plan be printed on individual subdivision plats. He added that there was an approved MDP for this property. Commissioners inquired as to when the connection to Wythe Avenue in Fredericktowne Estates would be completed and Mr. Miller said that it was currently under construction. Some of the Commissioners felt this issue was a concern because Westmoreland was the only access into the back sections of Fredericktowne at this time. It was pointed out by the Commission that the MDP for this subdivision was approved approximately seven to nine years ago and a number of changes to the standards of the ordinance have taken place since this was approved. Commissioners noted that when Sections 7, 8, and 9 were approved several months ago, they specified that future sections would have to comply with current design standards. It was pointed out that Section 11 had numerous lots in the 9,000 - 10,000 square foot range and Lot 193 in Section 10 had 10,169 square feet and these sections would have to comply with current curb and gutter requirements. 4069 E! The open space easements were also discussed. Mr. Miller said that the open space easement that was approved for this development was not understood by many of the property owners in the other sections of this development and was a potential problem. He said that the drawings and plats for this subdivision will need to clearly show the boundary of the open space easement on each lot as being the rear setback line. Mr. Miller said that the applicant advises that this is what he desires. The alignment of Warrior Drive was also discussed. Mr. Tierney explained that the connection from the Village at Sherando heading north will not go through Fredericktowne, but will go east across the Park's property. Mr. Tierney noted that at this time, there is no commitment by anyone to build the section as it exits Village at Sherando at Parcel 135 onto the Park's property. It was noted that once this road was developed, it would certainly expedite traffic north and south. Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, the consulting engineers for this project, was present to answer questions from the Commission. Commissioners felt that since it had been several years since the new design standards in the subdivision ordinance dealing with curb and gutters were approved, they believed those standards should be enforced. Commissioners also felt the connection to Wythe was critical. They noted that Westmoreland Avenue was becoming crowded and somewhat dangerous with all the traffic going in and out of Fredericktowne Estates through this one entrance. They felt there should be some assurances that Wythe would be completed, otherwise, they felt the problem would be badly compounded. Mr. Romine made a motion to approve the subdivision and this motion was seconded by Mr. Wilson. Mr. Thomas next moved to amend Mr. Romine's motion so that approval would be contingent on the subdivision application meeting the current design standards of the subdivision ordinance. This was seconded by Mr. Light and the motion to the amend Mr. Romine's motion was approved by the following majority vote: YES (to amend the ordinal motion) Ours, Morris, Thomas, Romine, Marker, Copenhaver, Light NO: Shickle, Wilson, DeHaven 4070 9 BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the Subdivision Application 11011 -95 of Fredericktowne Estates, Sections 10 and 11, contingent on the subdivision meeting the current design standards of the subdivision ordinance, by the following majority vote: YES (to approve with amended motionl Light, Copenhaver, Marker, Thomas, Morris, Ours NO: DeHaven, Wilson, Romine, Shickle Subdivision Application #012 -95 of Winchester - Frederick County I.D.C., Inc. to establish a 24,048 square foot lot (0.552 acre) to be utilized as a regional storm water management facility. This property is located on the northeast corner of Shady Elm Road (Rt. 651) and Industrial Drive (RL 880), and is identified with PIN 63 -A -6013 in the Back Creek District. Action - Approved Mr. Miller said that there is an approved master development plan for this property. Mr. Miller said that the major issues associated with this proposal are the design of the facility and the long term maintenance of the facility. He said that an agreement between the entity responsible for the long term maintenance and Frederick County will be required to insure the maintenance is accomplished. Mr. Bruce Edens, with Greenway, Inc., was representing this application. Mr. Edens said that this storm water management basin will serve the ten acres (4 lots) that the Commission subdivided a couple months ago belonging to Mr. Dawson. He said that it will not serve any other part of the industrial park. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application 11012 -95 of Winchester - Frederick County I.D.C., Inc. to establish a 24,048 square foot lot to be utilized as a regional storm water management facility with the requirement that a storm water management facility maintenance agreement be submitted to the County for approval. 4071 R PUBLIC HEARINGS The 1996 -1997 Frederick County Secondary Road Improvement Plan. Action - Recommended Approval Mr. Wyatt presented the 1996 -1997 Frederick County Secondary Road Improvement Plan. Mr. Wyatt identified the projects that were funded and removed from last year's plan. The projects removed were Macedonia Church Road (Rt. 642) from Oak Ridge Drive (Rt. 1031) to Front Royal Pike (Rt. 522); Shawnee Drive (Rt. 652) from Valley Pike (Rt. 11) to the Winchester City limits; and Canterburg Road (Rt. 636) from Salem Church Road (Rt. 735) to Grim Road (Rt. 640). He said that Incidental Construction projects removed included Apple Pie Ridge Road, Hollow Road, Fletcher Road, Back Creek Road, Glaize Orchard Road, and Adams Road. Mr. Wyatt next identified the new road improvement projects that were incorporated into the plan. Those projects included Project #26, Carters Lane (Rt. 629) from Marlboro Road (Rt. 631) to Germany Road (Rt. 625) as a hard surface project and Project #19, Adams Road (Rt. 689) from Siler Road (Rt. 600) to Brush Creek Road (Rt. 600), under incidental construction. Mr. Wyatt said that VDOT recommended that Adams Road should only be included as an incidental construction project and not a hard surface road project because not all of the right -of -way was available at this time. Mr. Wyatt said that if the road is placed on the plan as a hard surface project, it would take several years for it to move up the list as an advertised project. In light of this, he said that the staff was recommending that it be placed on the list anyway, as there should be plenty of time to secure all the necessary right -of -way. Mr. Wyatt presented several letters and petitions from County citizens associated with the road improvement projects discussed. Commissioners discussed the issue of the amount of time it took for roads to move up on the list and that the projected completion dates for some of projects that were desperately needed were well into the future. Mr. Sager pointed out that the 6,295 ADT Count for Route 647 was already two years old and a more realistic count for that road was probably 7,800 ADT per day. Mr. Sager said that where VDOT located the counter is another issue. He said that the road was just recently counted and the counter was placed north of McDonald's instead of near the intersection. He said that the Route 647 project remains at #4, however, the year of completion was changed from 1998 and to 2002. Mr. Sager said that in the year 2002, this road is projected 4072 7 to have 15,000 ADT per day. Mr. Sager expressed concern that the County continues to build, continues to move forward with site plans, continues to address additional businesses and the County was out of roadway. He said that it is becoming a safety issue. Mr. Sager felt that the County was becoming so far behind in transportation improvements, that something needed to be done, and other Commissioners agreed. Upon motion made by Mr. Romine and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the 1996 -1997 Secondary Road Improvement Plan for Frederick County with the addition of Adams Lane as No. 27 on the Hard Surface Section of the Plan and to include the letters from County citizens as part of the official record. PUBLIC HEARINGS: Rezoning Application #001 -95 of Wayne R. Ridgeway to rezone 2.047 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located on US Route 522, just south of the intersection of Bryarly Road (Rt. 789), and is identified as PIN 42 -A -249 in the Gainesboro District. Action - Recommended Denial Mr. Tierney said that the applicant is proposing retail hardware and small equipment sales and rental. Mr. Tierney said that the property is within the Albin Community Center, however, the Comprehensive Plan does not designate specific policies for Albin as far as promoting or discouraging commercial development. He said that this first came before the Commission in May of `95 and was tabled at the applicant's request due to concerns about the lack of an approved health system, a number of uses that were potentially viable given the existing proffers at the time, and also whether an adequate water supply was available. He said that the application was also tabled on August 2, again, at the applicant's request. Mr. Tierney said that subsequent to the previous meetings, the applicant has now obtained an approved septic permit which is designed for four employees, the proffers have been revised such that the uses that would be permitted are specific for general merchandise hardware store and equipment and truck rental. A preliminary plan was submitted showing the general layout (parking, entrance location, buffering) of the site. Mr. Tierney said that with the provision of this additional information, the main question remaining is whether an adequate water source exists. He said that this question 4073 would need to be addressed prior to site plan approval. Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, the consulting engineers for this application, said that the site layout shows a 1,500 square foot building with the proposed truck rental area and drain field area. Mr. Gyurisin felt that a water source will not be a problem; a permit has been applied for to drill a well on the site. He added that this lot has frontage on both Routes 522 and 789 and his plan shows entrances on both roads. Mr. Wayne R. Ridgeway, the applicant, was also present to answer questions. Chairman DeHaven called for public comments and the following persons came forward to speak in opposition to the requested rezoning: Mr. Conrad Christianson, Pastor representing the adjoining Bethel Luthren Church, was opposed for the following reasons: 1) it would change the residential character of the Albin community, which has a long history; 2) considerable site work would need to be done before the property could be utilized properly; and 3) it may create further drainage problems for the parsonage, which has experienced water runoff problems in the past. Ms. Barbara E. Kidwell, adjoining property owner, stated that Albin was an old residential community, started in the 1940'x. Mrs. Kidwell said that most of the homes in this area are close and this is one of the few open spots in the neighborhood. She said that the few commercial sites established in this area are not within view of the homes in the Albin community. She felt this business would change the rural character of the neighborhood. Mrs. Kidwell was also concerned about: 1) the safety of neighborhood children; 2) that the truck rental would bring many people from many different places and this would impact the safe and quiet nature of the neighborhood; and 3) the entrance on 789 would impact neighborhood traffic. Mr. Ronald Lineweaver, Albin resident, said that his family has lived in the Albin community for 41 years. Mr. Lineweaver said that the families in this community are tight -knit and it's a safe and a healthy environment. He was concerned that the impacts from the proposed business would threaten safety and increase traffic and would push this area into a fast -paced business community. Mr. Robert Hester, adjoining property owner, said that he recently moved from Fairfax to Winchester and he drives 60 miles a day to work, just so he can live within this community. Mr. Hester felt that a business would not have much regard for the residents of the community and it would deteriorate the neighborhood. 4074 9 Mrs. Sharon Robinson, neighborhood resident, asked if set hours would be established for operation of the business, if rental trucks would be returned to the business 24 hours a day, and if other types of businesses, besides what had been proposed, could be established here in the future. Mrs. Robinson had concerns about safety for neighborhood children, especially since trucks may be being returned at all hours from all parts of the country, and she was also opposed to an entrance on Route 789. Mrs. Robinson said that she would not object to a hardware store with daytime hours, but she strongly objected to truck rentals. Mrs. Cheryl Lineweaver, Albin resident, asked if the Chairman would request all those persons present who were in opposition to the rezoning to please stand. Approximately 25- 30 people stood in opposition. Mr. Joe Lizer , adjoining property owner, said that he operates the Virginia Farm Market along Route 522 and his wife, Lita, operates a beauty salon in Albin. Mr. Lizer felt that Mr. Ridgeway's proposed use of a hardware store would he an asset to the community, but he had reservations with the outdoor storage that would go along with an equipment and truck rental business. Mr. Lizer said that Mr. Ridgeway's proposed business, which is located directly before his on Route 522, would need to be 50' back from the property line, the same distance as his business. Mr. Lizer said that there are no buffers or screening at this location and he envisions seeing big, yellow Ryder trucks along Route 522. He felt that Industrial Transition Zoning would be inappropriate for this residential neighborhood. Mr. Raymond Edwards, resident at 327 Bryarly Road for the last 54 years, said that he does not want to see an assortment of U -Haul trailers across from his front yard. Mr. Edwards said that his real concern was the other uses under B3 Zoning that could be established here sometime in the future. Mr. Frank Crosen came forward to speak on behalf of his parents, who live in Albin. Mr. Crosen said that he grew up in this neighborhood and it is just a small community. Mr. Crosen said that as a child, he and his friends would play on the streets. Mr. Crosen said that he did not want to see Ryder rental trucks going up and down the roads that may endanger the safety of his children. He said that Albin is one of the last few communities of its kind in Frederick County and he would like to see it remain that way. Mr. Gyurisin stated that the proffer designates a specific use for the property. Mr. Gyurisin said that the hours of operation will be between the hours of 8:00 a.m. and 5:00 p.m., Monday through Saturday, and 8:00 a.m. until 12:00 on Sunday. He said that the setbacks, buffers, and screening for protection of the surrounding properties are shown on the site plan submitted. He said that they have placed the parking for the truck rental along Route 522. Mr. 4075 10 Gyurisin added that they could delete the Route 789 entrance, if the Commission desired. Most of the Commissioners felt that the rural community centers throughout Frederick County were unique and public sentiment was particularly important when considering a request of this nature. They felt that such a large percentage of the community had made its opposition to the rezoning known, they were obligated to consider that fact. Upon motion made by Mr. Shickle and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Application 11001 -95 of Wayne R. Ridgeway to rezone 2.047 acres from RA (Rural Areas) to B3 (Industrial Transition) by the following majority vote: YES (to deny) Light, Copenhaver, Marker, Thomas, Morris, Shickle, Ours NO: Wilson, Romine, DeHaven Rezoning Application 11004 -95 of Flying J, Inc. to rezone 3.65 acres from RA (Rural Areas) to B3 (Industrial Transition)_ This property is located at the intersection of Interstate 81 and Rest Church Road (Rt. 669), and is identified with PINS 33A -A -1, 33A- A-2, 33A -A -3, 33A -A -6, 33A -A -7, 33A -A -8, 33A -A -9, and 33A -A -10 in the Stonewall Magisterial District. Action - Recommended Approval Mr. Tierney said that the anticipated impacts of the requested rezoning are minimal. The proposed use for the lots to be rezoned is incidental to the main use of Lots 1, 2, and 3 of the land rezoned to B3 in 1991 by the Rainbow Group. He said that these lots are the proposed site of a Flying J Travel plaza. He said that the travel plaza can be expected to draw a large number of vehicles off of the interstate, however, the plaza can be constructed, assuming appropriate permits and approvals are obtained, without the approval of the current rezoning request. These lots are not necessary for the use, but rather provide for an unobstructed frontage along Route 669, which is.desired by the applicant. Mr. Craig Call, representing Flying J Inc., showed a videotape of a similar Flying J Travel plaza located in Washington Township, near Trenton, New Jersey. Mr. Call said that 4076 they are planning to widen Route 669 in front of the facility at their expense. They have also entered into contracts to buy the houses on this site and those will be removed. He said that their estimated annual revenue to the funds of Frederick County is between $225,000 - $275,000; they would expect to remit from $2 1 /2 million to $3 million per year to the State's transportation fund in fuel taxes; they will spend $4 -5 million in construction costs; and they will employ about 100 local employees. Mr. Call said that they are the largest operator of this type of facility in the nation. Mr. Henry Buettner, one of the owners of the Rainbow Group, felt that Flying J would make a good partner in the community. Chairman DeHaven called for public comments. Mr. Tierney presented a letter of endorsement he received from the Winchester - Frederick County Chamber of Commerce & Visitors Center. Mr. Ed Butler, area resident for the past 33 years, said that he lived about 1/4 mile from the site and he didn't feel this was the proper location for this facility. Mr. Butler said that he had major traffic concerns and he spoke of a number of road improvements that would be needed. He said that there was a natural drainage through this area and he was concerned about water runoff. Mr. Butler asked if truck trailers would be washed on site and he questioned the adequacy of a water supply and sewage disposal. Mr. Butler was also concerned about the safety of neighborhood children in light of the increased traffic. He was also concerned about the noise from traffic and from trucks running all during the night. Ms. Pat Franklin, resident on Route 669, also felt that this was not the proper location for a truck stop. Mrs. Franklin was concerned about the safety of neighborhood children who would be walking, riding their bicycles, or boarding school buses; she felt there would be too much traffic and congestion; and she was concerned about noise. She was also concerned about the quality of life for the residents in the subdivisions located to the rear of this site. Mr. Frank Crosen, area resident for the passed 12 years, voiced his concern about the existing traffic congestion in this area. Mr. Crosen was concerned about the effect on residential property values and the noise pollution that would be generated. Ms. Kim Dodd, area resident, asked if this rezoning request would need to go to the Board of Supervisors for final approval. Chairman DeHaven confirmed that it would. Mr. Buettner came back to the podium to clarify which parcels were already zoned 4077 12 B3 and which ones needed rezoning. He stated that there was an orchard located across the street and a farm was located to the south, both of which created natural buffers. He said that all the houses fronting on Route 669 would be removed to provide entrances to this site. Mr. Call also came back to the podium to address some of the concerns of the area residents regarding traffic, noise, and water issues. The Commission felt that the anticipated impacts of rezoning the 3.65 acres on Route 669 were minimal considering that the approximate 24 acres to the rear of the site were already zoned properly for the proposed use. It was noted that the parcels fronting on Route 669 were not necessary for the use, but rather were being used to provide an unobstructed frontage along Route 669. Upon motion made by Mr. Romine and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application #004 -95 of Flying J Travel Plaza, Inc. to rezone 3.65 acres from RA (Rural Areas) to B3 (Industrial Transition) with the proffers submitted by the applicant. This property is located at the intersection of 1 -81 and Rest Church Road (Rt. 669) and is identified with PINS 33A -A -1, 33A -A -2, 33A -A -3, 33A -A -6, 33A -A -7, 33A -A -8, 33A -A -9, and 33A -A -10 in the Stonewall District. The letter received from the Chamber of Commerce & Visitors Center was made a part of the official record with the approval of this motion. Rezoning Application #005 -95 of James T. Wilson to rezone 2.99 acres from B1 (Neighborhood Business) to B2 (Business General). This property is located on the east side of Aylor Road (Rt. 647) and is identified with PINS 7413-5 -C, 74 -A -104, and 74 -A- 105 in the Opequon District. Action - Tabled Until November 1, 1995 Mr. Blaine Wilson, Shawnee District Commissioner, said that he would abstain from discussion and voting on this rezoning due to a possible conflict of interest. Mr. Tierney said that the applicant is proposing a restaurant, car wash, and ice cream or vegetable stand. He said that none of the review agencies had any major concerns. Mr. Tierney said that the property is located within an Urban Development Area and is very near an 4078 13 interstate interchange. He said that properties to the north and south are currently zoned B . Mr. Tierney stated that the parcels in question are already zoned for Neighborhood Business and the change to General Business would not be expected to create a great number of negative impacts. He said that there were, however, a few uses within the B2 Zone which may not be appropriate for these parcels given their proximity to residential development to the rear of the parcels. He said that the applicant has not proffered out any allowed uses, such as self - storage facilities, automobile dealerships, or gasoline service stations, but has proffered to fund the projected impact to the local Fire and Rescue Company. The staff also had concerns about the wording of the proffer. Mr. Tierney said that based on the wording of the proffer and the uses permitted, the staff was recommending denial. Mr. Sager asked for clarification on VDOT's solution to the Route 647 traffic flow. He thought the proposal directed all traffic on Rt. 647 north and did not allow southbound traffic. Mr. Sager said that this would take all the traffic from that business district out to Macedonia Church Road. Mr. Watkins replied that this is what the WATS study is proposing, but is in no way the final solution. Mr. Thomas asked for clarification of the proffer submitted by the applicant. Mr. Cook, Legal Counsel, stated that the proffer submitted only guarantees that the sum of $550 will be paid to Fire & Rescue for emergency services costs. Mr. Cook said that the proffer statement submitted does not designate specific uses for the property. Mr. James T. Wilson, the applicant, stated that three separate lots with three different owners were involved. Mr. Wilson said that he was leasing two of the properties and he was proposing a different use for each of the three lots. Mr. Wilson said that he met with the DRRS to request a conditional use permit, but it was decided that he needed to rezone the property to B2 to accommodate the uses requested. Chairman DeHaven called for citizen comments and the following persons came forward to speak in opposition: Ms. Dorothy Carriker, adjoining property owner, came forward to speak for herself and for the residents of the Plymm Owens subdivision. Some of the concerns expressed by Ms. Carriker were that: 1) the surrounding property values would be negatively impacted; 2) her homeowner's insurance rates could be affected; 2) increased traffic in an already highly congested, hazardous travel area; 3) safety of school children boarding school buses, no sidewalks; 4) no buffering or screening between residences and business property; 5) nuisance factors such as noise, lights, air pollution, smells; 6) increased storm water runoff; and 7) B2 uses are too 4079 14 intense to be established in a neighborhood with residential and B1 uses. Mrs. Carriker presented a petition with 51 signatures of residents on Harmen Place and Downing Circle in the Plymm Owens subdivision. Upon motion made by Mr. Ours and seconded by Mr. Thomas, the Plymm Owens petition and a letter from Mr. and Mrs. Carriker were made a part of the official record by unanimous vote. Mr. Sager stated that he lived in Plymm Owens subdivision, but did not sign the petition. He said that he was very concerned, however, about the traffic situation at this location. Ms. Freda Courtney, neighborhood resident, said that she agreed with everything that Mrs. Carriker said and she was also opposed to the rezoning. The Commissioners who are members of the DRRS relayed some of the discussion that took place at their meeting concerning this matter: The DRRS felt a B2 rezoning should not be allowed without specific proffers; the design standards in B2 are much more strict than those in B1 and would actually provide more buffering /screening for the area residents; the unsafe traffic problem in this area needs to be considered; and several of the existing uses along this strip are currently B2 uses, however, they are legal nonconforming uses. Commissioners felt that some B2 uses would be appropriate at this location, such as a small restaurant or an icecream stand, however, they would not be in favor of an open -ended B2 zone. They felt the proffers submitted for this rezoning would need to be very specific. They were concerned about the infrastructure issue and continuing to allow more business uses without work being done on the roads, the traffic, and the congestion. Mention was also made of the existing structure on one of the lots as to whether or not B2 design standards could be met if the rezoning occurred. Upon motion made by Mr. Marker and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby agree to table Rezoning Application #005 -95 of James T. Wilson for 30 days to allow the applicant sufficient time to submit a properly - worded proffer statement. Conditional Use Permit #010 -95 of Joseph Edmiston for a dog kennel. This property is located at 295 Hollow Road and is identified with PIN 26- 4 -2 -50 in the Back Creek 4080 15 District. Action - Recommended Approval with Conditions Mr. Miller stated that dog kennels are permitted in the Rural Areas (RA) Zoning District with an approved conditional use permit. Mr. Miller said that the applicant advises that the kennel will only be used for housing and breeding dogs that belong to him and there will be no boarding of dogs not owned by the applicant. Mr. Randall Hamilton, attorney representing Mr. Joseph Edmiston, objected to the staffs recommended Condition k6 which stated, `All dogs housed at the kennel must be controlled so as not to be a nuisance to any adjoining property by either barking or roaming free.' Mr. Hamilton objected to this condition because he felt the Planning Commission should not get into the business of defining a `nuisance.' The staff reworded the condition to read, `All dogs housed at the kennel must be controlled so they do not enter any adjoining property or be heard on any adjoining property.' Chairman DeHaven called for citizen comments, but no one came forward to speak. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #010 -95 of Joseph Edmiston for a dog kennel on property identified as 26 -4 -50 in the Back Creek District with the following conditions: 1. All review agency comments shall be complied with at all times. 2. Change of use or expansion of facilities to accommodate this use will require a new conditional use permit. 3. All associated materials and supplies shall be stored inside to insure a neat appearance of the property. 4. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels must be complied with at all times. 5. Only dogs owned by the applicant will be boarded in the kennel at any time. 4081 6. All dogs housed at the kennel must be controlled so they do not enter any adjoining property or be heard on any adjoining property. Conditional Use Permit #011 -95 of Hardees /Mobil Convenience Center for a restaurant, gas station, and convenience center. This property is located at the intersection of Northwestern Pike (Rt. 50W) and Ward Avenue (Rt. 1317) and is identified with PIN 53A- 3-83 in the Back Creek District. Action - Recommended Approval with Conditions Mr. Miller said that the staff felt there were several major issues associated with this site, such as drainage and storm water management, and site access that would need to be adequately addressed at the site plan stage. Mr. Miller said that the City of Winchester has agreed to provide sewer service to this site through a private pump station and a force main and the Sanitation Authority has agreed to allow this arrangement until they can provide the service at some later date. He said that water will be provided by a well and private system. Mr. Miller said that the Fire Marshal has expressed a concern for the availability of water for fire protection and has suggested the bonding of a future hydrant for the location. Mr. Miller said that bonding this requirement would be holding the applicant hostage for what could be a very long time depending on when public water is extended beyond the Route 37 barrier. He said that the staff believed a condition on the permit requiring the applicant to provide a hydrant if and when public water is available would be adequate. Mr. Miller added that an approved site plan would be required prior to any construction on this site. Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, Inc, the consulting engineers for this project, said that this property lies within an Urban Development Area as designated by the Comprehensive Plan. Mr. Maddox said that the old facility on this site will be removed and a new, modern facility will be built. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Ralph Poe, owner of Candy Hill Campground, spoke in favor of the request. Mr. Poe said that the Candy Hill Campground is probably the largest tourist attraction in the County and approximately 10,000 vehicles per year enter Ward Avenue to get to his facility. Mr. Poe said that Ward Avenue accommodates this traffic and he didn't feel that the proposal would 4082 17 create a traffic hazard. He also felt that water would not be a problem. Mr. Poe said that all of these people need to buy gasoline and a service facility at the end of Ward Avenue would be ideal for them. He said that he has reviewed the site plan and discussed with the applicant a change on the entry and exit to handle large RVs that are towing cars or tow vehicles that are handling large trailers. Mr. Poe said the applicant has agreed to make changes that would benefit the clientele that he would be providing. Mr. Taz Shultz, counsel for The Farmers Livestock Exchange, the adjoining property owner, said that they felt this facility would greatly improve the area. Mr. Shultz said that this was a long standing business property. Mr. Bob Johnson, area resident, inquired if this would be a 24 -hour facility, if there would be outdoor speakers, and if diesel fuel would be sold for trucks. Mr. Johnson said that he also had concerns about water and sewer. Mr. Forrest Brown, area resident and business owner, asked what the cost would be for the applicant to connect to the sewer system now. Mr. Maddox came forward to answer some of the questions raised by the area residents: the facility would not be readily available for trucks; a 24 -hour operation was not initially planned and would only be implemented if the market demanded; the traditional intercom used by customers to order at a drive- through would be utilized and no other external loudspeakers were planned; and regarding the cost of extending sewer, the cost would be substantial. Mr. Maddox said that in the event a regional sewer solution is brought forward, the applicant has agreed to turn the private facilities over. Mr. DiBenedetto said that one of the issues that came before the Commission some time ago was the appearance of a similar fast food restaurant that was going to be located on one of the last nice - looking corridors going into the City of Winchester. Mr. DiBenedetto inquired what kind of design the applicant had planned for this structure. Mr. Maddox said that they did not have a particular motif in mind at the present time, but planned a standard Hardees Restaurant with landscaping, buffers, and screening. Commissioners noted that particular attention needed to be paid to the facade of the building to make it aesthetically pleasing and suggested that the applicant use a colonial style design or a steeper roof line. Some of the Commissioners were concerned about issuing a conditional use permit in an Urban Development Area, especially for a B2 use, instead of rezoning the property. They also raised the point of how design standards, such as landscaping, buffering, and screening, would he required and implemented after a conditional use permit was approved. The staff noted 4083 m that site plan standards for a business use would need to be met. Mr. Morris moved that consideration be tabled until the applicant submitted a specific site plan. This motion was seconded by Mr. Thomas, but was defeated by the following vote: YES (TO TABLE) Ours, Morris, Thomas NO: Shickle, Romine, Wilson, DeHaven Marker, Copenhaver, Light Upon motion made by Mr. Marker and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #011 -95 of Hardees /Mobil Convenience Center for a restaurant, gas station, and convenience center with the stipulation that a site plan be presented to the Commission for review and approval and that the following conditions apply: 1. A site plan must be submitted and approved prior to any construction on this site. 2. Any change of use or expansion of approved facilities will require a new conditional use permit. 3. When public water is available to this site, the applicant must insure than an adequate water supply for fire protection is provided. This may include the installation of a hydrant at the expense of the applicant. 4. All review agency comments must be adequately addressed and complied with at all times. The majority vote was as follows: YES (TO APPROVE) Ours, Shickle, Romine, Wilson, DeHaven, Marker, Copenhaver, Light NO: Morris, Thomas 4084 19 ADJOURNMENT There being no further business to discuss, Chairman DeHaven adjourned the meeting at 11:00 p.m. Respectfully submitted, Robert W. Watkins, Secretary Charles S. DeHaven, Jr., Chairman 4085