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PC_11-01-95_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 November 1, 1995. PRESENT: Planning Commissioners nresent 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; Terry Stone, Gainesboro 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. Staff present: Evan A. Wyatt, Planner II; 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 20 1995 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of the September 20, 1995 meeting were unanimously approved as presented. 4093 2 BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. 1 NINE M 0=7117 1 i 1 Tar, 519 1 1 1 Mr. Thomas reported that the DRRS discussed ways of improving the ordinance for setbacks and the placement of survey pins to reduce the number of problems with the placement of houses on lots. He said that Top of Virginia representatives were at the meeting and gave some good suggestions. Comprehensive Plans & Programs Committee (CPPCI - 11/15/95 Mtg. Mrs. Copenhaver said that for the November 15 CPPC agenda, the committee will have a final draft of the Round Hill Community Land Use Plan for review and recommendation. Economic Development Commission Mr. Romine said that the Local Industry Committee will be meeting to discuss ways to make their program more informative and helpful to existing industry. PUBLIC HEARINGS: Rezoning Application #008 -94 of James Carroll to rezone 2.81 acres from RP (Residential 4094 3 Performance) to B2 (Business General). 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 District. Action - Tabled for 30 Days at Applicant's Request Chairman DeHaven said he would abstain from discussion and voting on this application and turned the chair over to Vice Chairman Marker. Mr. Tierney said that a letter from Stephen M. Gyurisin, with G. W. Clifford & Associates, was delivered to the Planning Department today requesting that the application be tabled until November 15. Mr. Tierney said that for advertising reasons, the staff is requesting that consideration be tabled for 30 days, until December 6, 1995. Upon motion made by Mr. Wilson and seconded by Mr. Romine, the Commission unanimously voted to table consideration of this rezoning for 30 days or until their meeting of December 6, 1995. Vice Chairman Marker called for public comment at this time and the following persons came forward to speak in opposition: Mr. James J. Gibbons, resident at 105 Stanley Circle, said that he has attended all six meetings held on this rezoning. Mr. Gibbons said that the residents of the area do not want this property rezoned. He urged the Commission not to postpone a decision any further and to deny the rezoning. Mr. Keri Kimberly, homeowner at Pembridge Heights, said that Mr. Maddox made a statement at a previous meeting that they would not proceed if the homeowners did not want this. Mr. Kimberly felt that if nothing has been done, the Planning Commission should not perpetuate what a lot of people feel is a cynical attitude on the part of the property owner. Mr. Melton Bageant, resident on Custer Avenue, said that new guardrails have been installed at the intersection where the proposed road was planned to go through. Mr. Bageant felt that if a road was planned through this area, VDOT would not have put the guardrails in. No one else wished to speak and Vice Chairman Marker turned the meeting back over to Chairman DeHaven. 4095 Rezoning Application #005 -95 of James T. Wilson to rezone 2.99 acres from BI (Neighborhood Business) to B2 (Business General)_ This property is located on the east side of Aylor Road (Rt. 647) and is identified with PINS 74B -5 -C, 74 -A -104, and 74 -A- 105 in the Opequon District. Action - Withdrawn by the Applicant Mr. Tierney said that the Commission tabled this rezoning at their last meeting for 30 days to allow the applicant sufficient time to submit a proffer statement that outlined specific uses for the property. Mr. Tierney said that two local citizens were present at the Commission's meeting of October 4 to speak in opposition to the requested rezoning and a petition of opposition with 51 signatures from residents of the Plymm Owens subdivision was also submitted. He said that the concerns of the citizens centered mainly on the traffic problems around the 277/ 647/ 1 -81 intersection area, the lack of buffering /screening between the businesses and residences, and that most B2 uses were too intense for this area. Mr. Sager said that many people have called him concerning the property and their concerns were that: 1) the building is unsecured and presents a safety hazard for children; 2) two by fours from the overhang to the ground remain as they have for months; 3) a tractor trailer truck is parked on the property; and 4) the rezoning signs have been removed. Mr. Sager questioned the legality of addressing this rezoning without proper sign display and he asked Mr. Wilson if he would secure the building for safety reasons. Mr. James T. Wilson, the applicant, addressed some of the concerns raised by Mr. Sager. Mr. Wilson said that the tractor - trailer truck belonged to someone in the Plymm Owens subdivision and they do not have his permission to park the truck on his property. He said that he does not like having the building vacant, but when he has boarded the building up in the past, he has had problems with break -ins and vandalism. He said that he would attempt again to board the building up. Mr. Wilson said that he did indeed remove the rezoning signs from his property. He added that he had made repairs to the day care building, but did not expand its size. Since Mr. Wilson did not submit a revised proffer statement as discussed at the last meeting, the Commission inquired as to whether Mr. Wilson was proposing an all or nothing proposition on the B2 Zoning. Chairman DeHaven said that the Commission did not have a problem with a restaurant use on this property, but did have concerns about other B2 uses. Mr. Wilson said that he was not willing to deal with the proffer issue at this time. Mr. Wilson felt he was being treated unfairly through the whole process of trying to establish a business here and said 4096 5 he would like to withdraw his application. Chairman DeHaven called for public comment and the following persons came forward to speak in opposition: Ms. Frieda Courtney, resident of Plymm Owens, objected because of the kinds of businesses that B2 Zoning entails, the lighting problems created for residences, and the potential depreciation of property values. Mr. Marshall M. Conner, adjoining property owner, inquired whether or not overnight parking of tractor trailers was permitted in a B1 zone. Mr. Conner also inquired if Mr. Wilson needed to have a site plan to remodel his building because he had storm water management and setback concerns. The staff addressed Mr. Conner's concerns and then Chairman DeHaven accepted Mr. Wilson's request to withdraw his rezoning application. An amendment to the Frederick County Zoning Map to establish properties that will comprise the Interstate Area (IA) Overlay District. Properties proposed are currently zoned BI (Neighborhood Business) District, B2 (Business General) District, B3 (Industrial Transition) District; and M1 (Light Industrial) District, and are located within each magisterial district within Frederick County. Approved properties will receive an IA District designation and will maintain the zoning classification of the underlying zoning district. Action - Recommended Approval Mr. Wyatt said that the Frederick County Board of Supervisors adopted the new IA Overlay District on May 10, 1995. He said that this zoning classification provides property owners with the ability to erect free standing business signs that are of a greater height and square footage than are permitted in the underlying zoning district. Mr. Wyatt said that the next step in this process is to establish the properties that will comprise this district. He added that the properties that are approved will receive an IA District classification and maintain the zoning classification of the underlying district. Mr. Wyatt explained the criteria used for selecting the properties to be included. 4097 ril Examining the Exit 313 map, the Commissioners questioned why the Delco Parcel and its out - parcels were not included within the IA Zone. Mr. Wyatt said that the out - parcels are legally nonconforming and currently have signs that would exceed the height allowed in the new IA Zone. He said that if they were included despite being grand fathered, it may create a `domino' effect of requests for taller signs down along the corridor. He added that Delco Plaza itself was not included because it does not meet specific criteria and their sign is already located within one of the out- parcels. Mr. Wyatt also brought the Commission's attention to the small 1/10 acre portion of Parcel IE, which was also located on the Exit 313 map. He said that tax records erroneously indicated this as a much larger parcel and since it was discovered to be only a 1/10 acre parcel, he suggested that the Commission omit it from the Overlay Zone. Mr. Wyatt based this suggestion on the fact that the parcel was too small to construct a business and it was adjoining residential property. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Jerry Grimes, adjoining property owner, had concerns regarding the IA Overlay District at Exit 313, specifically the small area adjoining Parcel lE owned by the Guthrie Sign Company as referenced by Mr. Wyatt. Mr. Grimes asked that the Guthrie property not be included in the IA Overlay Zone. Mr. Grimes said that his property adjoins the Guthrie property and the lights from the existing illuminated bill board flood his property. He said that he was fast approaching 24 -hour daylight with everything else that is going on at this location. He said that the Guthrie property, which is only 1 /10 acre, would only be suitable for off - premise signs. Mr. Grimes said that the high -rise signs in the area, like the Cracker Barrel Sign which he has to see all the time, shine directly into his bedroom windows. Mr. Mike Collins, resident at the intersection of 11/37/81, inquired if there were federal rules and regulations regarding signs along the interstate, since Interstate 81 was a federally funded highway. Mr. Collins said that lady Byrd Johnson was trying to eliminate signs along the interstate with her beautification program. He said that he has lived at this location for the past 45 years and has put up with the view of bill boards and lights shining into his bedroom window all his life. He said that these are just small signs and he was very concerned about allowing even larger ones. Mr. Collins wondered who was going to benefit from allowing taller signs. Commissioners noted that a letter had been received from the Town of Stephens City regarding the Overlay District. Mr. Wyatt said that Stephens City is opposing the inclusion 4098 VJ of properties along the Route 277 Corridor going into the Town of Stephens City. Mr. Thomas moved that the letter be made a part of the official record. This motion was seconded by Mr. Ours and unanimously passed. 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 an amendment to the Frederick County Zoning Map designating properties at Exit 302 (Middletown), Exit 307 (Stephens City), Exit 310 (Kernstown), Exit 313 (Rt. 50 & Rt. 522), Exit 315 (Berryville Pike), Exit 317 (I- 81 /Rt.37 /Rt.11), Exit 321 (Clearbrook), and Exit 323 (Whitehall), to be included in the Interstate Area Overlay District as depicted on maps presented by the staff, minus the 1 /10 acre Guthrie property at Exit 313, indentified as PIN 64 -A -1A. INFORMAL DISCUSSION REGARDING A POSSIBLE REZONING FOR RICHARD HEISEY No Action Mr. Tierney said that Mr. Richard Heisey is interested in rezoning two small parcels on the south side of Route 50 West, just past the intersection of Poor House Road, to B2 (Business General) and the proposed use is for a self storage facility. Mr. Tierney said that the proposed Land Use Plan for the Round Hill Community recommends this area of Route 50 for eventual business use. He said that the plan also recommends that rezoning should not take place prior to the provision of public water and sewer service. Mr. Tierney said that Mr. Heisey's proposed facility would not, unlike most B2 uses, require water and sewer. Mr. Richard L. Heisey said he would like to develop a 1 3/8 acre piece of property into a small self- storage facility consisting of approximately 75 units ranging in size from 5 X 10 to 10 X 20 or 30. Mr. Heisey said that he intended for this to be a small, community -based business intended to meet the storage needs of private individuals and small, local businesses. Mr. Heisey answered questions from the Commission regarding security, hours of operation, fire protection, visibility and impacts on the residential neighborhood and the Route 50 corridor. 4099 M The Commission was generally in favor of the proposed business, however, they informed Mr. Heisey that their concerns about visibility and impact on the adjoining residential area and the visibility and impact on the view sheds of the Route 50 corridor would need to be addressed, as well as fire protection issues. Commissioners also commented about the Round Hill Community concept and the extension of water and sewer for the residents there. It was noted that the County was not going to be able to pay to extend sewer and water services out that area and the only way those services were going to able to be extended was by business development. Commissioners observed that within the last month, several small businesses have begun to establish themselves here, but the businesses have not had any effect on extension of sewer and water services. It was noted that it was going to take a sizable business coming in there before the sewer service would be extended. ADJOURNMENT There being no further business to discuss, Chairman DeHaven adjourned the meeting at 8:20 p.m. Respectfully submitted, Robert W. Watkins, Secretary Charles S. DeHaven, Jr., Chairman 4100