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HomeMy WebLinkAboutPC_04-06-94_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 6, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Charles S. DeHaven, Jr., Stonewall District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; Terry Stone, Gainesboro District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. ABSENT: George L. Romine, Citizen at Large Planning Staff present were: Robert W. Watkins, Director /Secretary; W. Wayne Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES - FEBRUARY 2 1994 AND FEBRUARY 16. 1994 Upon motion made by Mrs. Copenhaver and seconded by Mr. Shenk, the minutes of February 2, 1994, were unanimously approved as presented. Mr. DeHaven and Mr. DiBenedetto had corrections to the spelling of their names in the minutes of February 16. Upon motion made by Mrs. Copenhaver and seconded by Mr. Shenk, the minutes of February 16, 1994, were unanimously approved with amendments BIMONTHLY REPORT Mr. Miller said the Hagers, who own the swimming pool /spa business on Route 50, west of Round_ Hill, desire to place a modular home model on a permanent foundation for 3785 ON display for sales. Mr. Miller said that this is an authorized use in the B2 District and the staff is requesting that a site plan be done. The Commission had no particular concerns or problems with the use and instructed the staff to proceed with administrative review and approval of the site plan. Chairman Golladay accepted the Bimonthly Report for the Commission's information. INTRODUCTION OF MR. TERRY STONE REPRESENTING GAINESBORO DISTRICT Chairman Golladay introduced and welcomed Mr. Terry Stone, the newly appointed commissioner for the Gainesboro District. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DR &RS) - 3/22/94 Mtg, Mr. Thomas reported that the DR &RS discussed a rezoning on Senseny Road from B1 to B2 and they also discussed allowing electrical supply stores in B2 areas. He said that this request will be presented to the Commission this evening. Also discussed were use regulations in business and industrial zoning districts. Finally, conditional use permit survey results were reviewed and discussed. Sanitation Authority.- 3/17/94 Mtg, Mrs. Copenhaver reported that the change -over to quarry water has been completed and all other water projects are progressing. Transportation Committee - 4/5/94 Mtg, Mr. Thomas reported that the Transportation Committee acted on and discussed the following topics: 1) recommended approval of additional funding for Route 642; 2) recommended that a study be conducted to lower the speed limit on Route 50 East to 35 mph from the entrance of Carpers Valley Golf Course to the Winchester City limits; 3) recommended that VDOT study the intersection area for Route 50 East, Prince Frederick Drive, and Pembridge 3786 3 Heights once the Corp of Engineers facility opens to determine if traffic signalization is warranted; 4) discussed a proposal by VDOT to improve the Route 11 North \Route 37 \I -81 Interchange area; 5) discussed a proposal to provide traffic signalization at the intersection of Route 522 south and the entrances to the Dominion Square Complex and Delco Plaza; and 6) VDOT informed the Committee that the improvements to Greenwood Road (Rt 656) would be delayed (except for the intersection realignment with Senseny Road) and that the improvements to Middle Road (Route 628) would begin earlier than anticipated. RESOLUTIONS OF APPRECIATION Upon motion made by Mr. Marker and seconded by Mr. Light, the Planning Commission unanimously adopted resolutions honoring Beverly Sherwood, Manuel DeHaven, Ron Carper, and James Barnett for loyal, dedicated, and outstanding service to the Frederick County Planning Commission. (Resolutions attached at end of minutes.) DISCUSSION REGARDING A REQUEST FROM TACO BELL FOR A WAIVER FROM BUFFER REQUIREMENTS Action - Approved Mr. Watkins stated that the Planning Commission is being asked to grant a waiver of the provisions specified by Section 165 - 371)(5) of the Frederick County Zoning Ordinance. He said that this section allows the Planning Commission to waive any or all of the requirements for zoning district buffers on a site plan if the proposed uses are allowed on the proposed parcel and the adjoining parcel. Mr. Watkins said that the required buffer is defined as a B- Category Buffer with full screening; a minimum distance of 50' is required, as well as an opaque screen with landscaping. Mr. Guy C. Tudor, P.E. & L.S. of Ingram -Tudor & Co., P.L.C., said that he was representing Burger Busters, a franchise of Taco Bell. Mr. Tudor said that Taco Bell is interested in developing a new restaurant on PIN #43 -2 -A, zoned MI. He said that the adjoining parcel, PIN #43 -3 -D, located on the southwest side, is zoned B2. Mr. Tudor said that this waiver is requested as a fall back position by Taco Bell, as they are planning to rezone the property to B2 in the near future. There was no public comment. Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously 3787 2 agree to eliminate the distance buffer and opaque screen for the above mentioned parcel, if the zoning remains M1. The Planning Commission also requires Taco Bell to provide a landscaped easement that is ten (10) feet in width, with a minimum of three trees per ten (10) linear feet- - two -thirds of the trees within this landscaped easement should be evergreen and one -third deciduous, with all trees being a minimum of four feet in height when planted. DISCUSSION REGARDING A REQUEST FROM C. E. MADDOX, JR.. OF G. W. CLIFFORD & ASSOCIATES FOR A WAIVER FROM THE MINIMUM DRIVEWAY SPACING REQUIREMENTS Action - Approved Mr. Watkins said that the Planning Commission is being asked to grant a waiver under the provisions specified by Section 165- 29B(1) of the Frederick County Zoning Ordinance. Mr. Watkins said that this section permits the Planning Commission to allow other means of motor vehicle access provided that left turns are restricted and one -way travel is ensured. He said that the spacing requirements for entrances on arterial highways with speeds greater than 35 miles per hour is 200'. Mr. Charles E. Maddox, Jr., of G. W. Clifford & Associates, said the First Virginia Bank is currently located on this property. He said the owner plans to develop a fast food restaurant and a convenience store with gasoline pumps. Mr. Maddox said that the proposed new entrance will connect to Martinsburg Pike (Route 11 N) and is less than 200' from the existing commercial entrance. Mr. Maddox said that a waiver of the spacing requirement (for a commercial entrance on an arterial highway) is needed. The Commission was concerned about the traffic problems in this area. It was noted that this particular area is being studied by VDOT for traffic improvements and this request would need to be reviewed by VDOT. Upon motion made by Mr. DeHaven and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby grant the waiver to the entrance spacing for the First Virginia Bank property and requests that the site plan come before the Commission for review. PUBLIC HEARINGS: Conditional Use Permit #001 -94 of God's Glory Land for a church retreat. This property, zoned RA (Rural Areas), is identified with Property Identification Numbers 37- 3788 5 A -45, 37 -A -46, 37- A -46A, and 37- A -46B, and fronts on the northwest side of Route 704 (Back Creek Road), 3.3 miles southwest of Gore, in the Back Creek District. Action - Tabled for 30 Days Mr. Miller said that this proposal is for a religious retreat consisting of four separate tracts of land, three of which already have residences. He said that each parcel can only be permitted to contain one permanent residence. He said that seasonal residences for staff members may be permitted as accessory to the primary use. Mr. Thomas G. Adams said that his wife Rosalie Adams, Ms. Alice Fox, and himself were the principals of this CUP application. Mr. Adams introduced Mr. Barney Willis, his associate for the past 14 years, and Mr. Bruce Edens, of Greenway, Inc., the project consultant. Mr. Adams felt they could meet all the requirements stated by the review agencies and it was also their intent to consolidate the four parcels. Mr. Adams explained that year -round caretaking would consist of grounds maintenance and security, snow removal during winter, and during operational months there will be linen service, dining service, and spiritual service. The Commissioners felt it was necessary to establish criteria and to define "staff residency" versus "permanent residency" and to establish details of durations of stay for staff and guests. They felt it was also necessary to state the number of staff employed and guests, and how many months out of the year the facility would operate. The Commissioners also felt that the sewage treatment plant should only be allowed to service one parcel of land for this activity because doing otherwise would violate the intent of the Comprehensive Plan. In order to do this, the four parcels would need to be consolidated. (The staff noted that if the sewage treatment plant served multiple parcels, the plant would need to come under the Sanitation Authority's jurisdiction.) There was also concern that if the facility was not operational year- round, there would be large fluctuations in use of the sewage treatment plant. This would effect the operational efficiency of the plant, resulting in affluent being discharged into Back Creek. The Commissioners felt this needed to be addressed. Commissioners noted that the fire marshal requested a 15 % grade on the roads and that "David's Lane" may not meet that requirement. Commissioners also asked about the second entrance that was required by the fire marshal. Mr. Edens said that the alignment of David's Lane may have to change somewhat, but they felt they could meet the required 15 %. Mr. Edens also stated that they were planning to use the driveway to the northeast as the second entrance. Chairman Golladay stated for the record that he spoke with Mr. Renwyn T. Triplett, an adjoining property owner, and Mr. Triplett had no problems with the CUP as long 17 0' 9 0 as it did not turn into permanent housing. Chairman Golladay called for other citizen comments, but no one came forward to speak. The Commissioners had no problems with the concept of the operation; but felt it could have an impact on public facilities in the area, depending on the number of people using and operating the retreat. They felt the applicants needed to clearly address the concerns of the Commission so that they could make a clear judgement and so that the adjoining property owners would know what to expect. Upon motion made by Mr. Marker and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Conditional Use Permit #001 -94 of God's Glory Land, c/o Thomas G. Adams, for 30 days for more information. Conditional Use Permit #002 -94 of Boyer Landscaping, Inc., for the expansion of an existing landscaping business. This property, zoned RA, is identified with PIN #86 -A- 159 and 86 -A -160 and is located on Route 277 (Fairfax Pike), past the intersection of Route 277 and Route 636 (White Oak Road) in the Shawnee District_ Action - Recommendation of Approval Mr. Miller stated that the applicant received CUP approval for his existing landscaping business on September 9, 1992. He said that this application is requesting expansion of the business onto an adjoining lot to the east of the operating location. Mr. Miller said that the applicant has advised that he now owns parcels 159, 159D, and 160. Mr. Miller stated that VDOT comments for the original CUP required that a commercial entrance be installed for this property and use, however, the required entrance has not yet been installed. The staff felt it would not be unreasonable to require the applicant to complete the entrance requirements in a specified period of time. Mr. Lewis A. Boyer, II, the owner and applicant, felt that the cost of installing the commercial entrance and the tar and chip parking was a heavy burden to place on his business at this time. Mr. Boyer said he was not opposed to installing the entrance, but would like to be given more time to do so. He said he was not aware, from his dealings with VDOT, that there was a deadline for completion of the commercial entrance. He said the existing entrance is 30' and the property has been bonded. Mr. Boyer proceeded to describe for the Commission the following improvements that he had made to the property: 1) 250 +' of board fence screening on the east side of the property; 2) construction of two pole buildings for storage of equipment; 3) landscape screening as specified on the original site plan; 4) gravel 3790 .. 7 truck turn- around; 5) employee and company parking; 6) construction of a shade house /green house; 7) 17+ customer parking spaces; and 8) setbacks have all been met (He plans to consolidate his three parcels in the near future). Mr. Boyer requested that he be allowed to increase his sign size by one foot on each side, that he be allowed to increase his number of on- site employees from two to four, and off -site employees from three to eight. Chairman Golladay called for citizen comments and the following persons came forward to speak in favor of the Boyer CUP: Mr. Raymond Sandy, residing on Fairfax Pike, to the west of Mr. Boyer's property, spoke positively about the way Mr. Boyer has handled the appearance of his business so far. Mr. Sandy was impressed with the screening, storage buildings, and parking and felt Mr. Boyer had a good reputation in the community. Mr. Arthur H. Fulton, business property owner to the south of Mr. Boyer's property, said that Mr. Boyer has continued to improve the appearance of the property. He said that Mr. Boyer has improved the appearance of the house, planted grass, and cleaned up the rear of the property. Mr. Fulton felt that Mr. Lewis Boyer and his company were an asset to the community and area. Chairman Golladay emphasized to Mr. Boyer that the commercial entrance was a condition of his previous CUP #010 -92 and that he was in violation of his permit. The Commission agreed to allow Mr. Boyer an extension on installing the commercial entrance and parking area, but emphasized that these items must be completed within six months of the final approval of this new CUP. Upon motion made by Mr. Shenk and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #002 -94 of Boyer Landscaping, Inc., for the expansion of the existing landscaping business with the following conditions: 1. Any change in use or expansion of this use shall require a new permit. 2. No more than one sign shall be allowed and it shall be limited to 15 square feet in size. 3. A revised site plan must be submitted and approved. Requirements of the site plan must be completed within six (6) months of the final approval date of this permit. 4. The commercial entrance must be completely installed and approved within six (6) months of the final approval of this permit. 5. If allowed to continue in existence, internal lot lines must be honored with proper setback restrictions. 3791- - E 6. All review agency comments must be addressed and requirements completed in conjunction with the completion date of the site plan requirements. Rezoning Application #001 -94 of Negley Construction to rezone 2.5 acres from B3 (Industrial Transition) to B2 (Business General) for uses allowed in the B2 District. This property is identified with PIN #43 -A -52 and is located off of Route 11, on Welltown Road, in the Stonewall District. Action - Recommendation of Approval Mr. Light said he would abstain from discussion and vote on this rezoning due to a possible conflict of interest. Mr. Tierney said there would be little anticipated impact to the area as a result of the proposed rezoning. He said the County Impact Model indicates that the anticipated costs for the portion of the fire and rescue services not already funded by the county would be $1,331.09 for this site as presently zoned. He said the cost for the site under B2 zoning would be $1,376.76, which is an increase of roughly $45.00. Mr. Harry Benham was present to represent the applicant. There were no citizen comments. Given the lack of anticipated impact of the rezoning, the Commission had no objections. Upon motion made by Mr. Shenk and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #001 -94 of Negley Construction to rezone 2.5 acres from 133 (Industrial Transition) to B2 (Business General) for uses allowed in the B2 District. (Mr. Light abstained) (Mrs. Copenhaver left the meeting at this point.) Rezoning Application #002 -94 of Thomas C. Glass to rezone 2.38 acres from B1 (Neighborhood Business) to B2 (Business General) for uses allowed in the B2 District_ This property is identified as PIN #55 -A -194 and is located east of Winchester, at the 3792, E northwest comer of the intersection of Senseny Road and Greenwood Road, in the Shawnee District. Action - Motion for Approval Failed Mr. Tierney stated that the applicant is requesting a rezoning to B2 and has limited B2 uses by submitting proffers which eliminate the intensive uses permitted in B2. He said that the applicant has also proffered a maximum floor area ratio (FAR) of 3 1, 100 square feet which conforms to the current FAR limitations of BI zoning. Thomas C. Glass, the owner of Country Park Shopping Center, said that the Commission and Board changed the B1 Zoning in 1988 to allow him a larger building with certain restrictions. Mr. Glass said the BI zoning has not worked out. He explained that his building has been open for six years and has never been more than 50% full. He said that presently, he is only at 40% capacity. Mr. Glass said the BI Zoning does not have enough appropriate uses to fill his building space. Mr. Glass felt that retailing has changed dramatically since 1988. He felt his building lent itself well to retail stores such as hardware, small furniture, paint and wall covering supplies, and plumbing and electrical supplies - -all B2 uses in the ordinance. He mentioned that a convenience store with gas pumps is an allowed use in B1, but he felt this use would not be desirable at his location. Some of the Cmmissioners preferred that the applicant state the specific uses he wanted rather than proffering out a long list of uses that would not be allowed. These commissioners felt that proffering out uses to get a rezoning could be detrimental in the long run because it does not address uses which might be added to the zoning category in the future. The Commissioners debated the definitions of "wholesale" and "retail" whether the entire B1 Zoning category needed to be reworked. Mr. Morris said that he received two telephone calls from community residents who sympathized with Mr. Glass's dilemma and who felt other retail or small wholesale uses should be allowed there. Mr. Watkins said he also received a telephone call from an adjoining property owner. Mr. Watkins said the property owner was satisfied that the proffers would properly control the situation. Chairman Golladay called for public comment, but no one came forward. The Commission realized that Mr. Glass needed a broader base of allowable business uses, but they did not want to set a precedent that would cause problems in other areas of the county. They felt that allowing other specific uses in BI, rather than rezoning to B2, would be the desirable approach and would not set a precedent for more B2 rezonings. Other Commissioners were of the opinion that it would be detrimental to add more uses to BI Zoning and felt they should go along with the staffs recommendation for approval to rezone to B2. 3793_ 10 Mr. DeHaven moved to approve the rezoning. This motion was seconded by Mr. Shenk and the following vote took place: YES (TO APPROVE)'_; DeHaven, Shenk, Golladay, Marker NO: Morris, Thomas, Wilson, Light, Stone The motion failed and no further motions made. An amendment to Chapter 165 of the Frederick County Code, Zoning, Article III, Supplementary Use Regulations, Section 165 -37, Buffer and Screening Requirements, and Article VI, RP (Residential Performance) District, Section 165 -58 Intent, and Section 165 -62, Gross Density. The proposed amendments pertain to perimeter and interior residential separation buffers, permitted gross densities in the RP District, and multi- family housing percentages_ Action - Approval Mr. Watkins said the proposed "sliding scale" and permitted multi - family dwelling percentages were discussed with and agreed upon by the Top of Virginia Builders Association. Mr. Watkins said that the staff provided a copy of the proposed amendments to the Commonwealth Attorney for review. He said that the Assistant Commonwealth Attorney, Mr. Jay Cook, had reviewed preliminary drafts of the amendments and did not see any problems with the proposed language. The Planning Commission felt that the proposed language would assist in the reduction of overall gross density for multi- family developments while still providing developers the opportunity to create marketable developments. Upon motion made by Mr. Wilson and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to Chapter 165 of the Frederick County Code, Zoning, Article III, Supplementary Use Regulations, Section 165 -37, Buffer and Screening Requirements, and Article VI, RP (Residential Performance) District, Section - 165 -58 Intent, and Section 165- 62, Gross Density, which pertain to perimeter and interior residential separation buffers, permitted gross densities in the RP District, and multi- family housing percentages. 3794 lil OTHER Discussion on Recommendations from the CP &PS (Comprehensive Plans & Programs Subcommittee) Concerning Sewer to the Rural Community Centers. No Action Mr. Tierney stated that the CP &PS has reviewed the results of the Alternate Wastewater Treatment Study for the rural community centers and discussed the possible implications of providing sewer service to the three centers that were evaluated. Mr. Tierney said the Committee expressed concern over the effect sewer availability would have on growth pressure within the centers and how much control the County could maintain over this pressure. He said it was the recommendation of the CP &PS that land use plans should be developed for the Centers. He said the Committee agreed that to attempt to choose an appropriate means of providing sewer, let alone try to scale and design a system, prior to having an understanding of the long range goal for the centers, would be inappropriate. The Planning Commission felt that the preparation of land use plans for the community centers was the proper approach and they advised the staff to work with the CP &PS to begin those studies. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 10:30 p.m. Respectfully submitted, 3795 Robert W. Watkins, Secretary Resolution of Appreciation Honoring ,Names W. Barnett WHEREAS, .lames W. B arne tt served on the Frederick County Planning Commission with dedication, professionalism, and insight from July 18, 1990 to December 31, 1993; and, WHEREAS, during his tenure, the Frederick County Plannin Commission did make g reat strides towards building a better future for the people of Frederick County; and, WHEREAS, the members of the Frederick County Planning Commission and the staff of the Frederick County Department of Planning and Development wish to encourage .lames W. Barnett to remain active in community affairs and to continue to provide his insight to the Commission; NOW, THEREFORE, LR IT RESOLVED, 'That on this 6th day of April 1994, the Frederick County Planning Commission does express its deep appreciation and gratitude to .lames W. Barnett for a iob well done! Resolution of Appreciation Honoring Ronald W. Carper WHEREAS, Ronald W. Carper served on (lie Frederick County Planning Commission with dedication, professionalism, and insight from January 7, 1992 to March 1G, 1994 and, WHEREAS, during his (enure, the Frederick County Planning Commission did make great strides towards building a hotter future for (he people of Frederick County; and, WHEREAS, the members of the Frederick County Planning Commission and the staff of the Frederick County Department of Planning and Development wish to encourage Ronald W. Carper to remain active in community affairs and to continue to provide his insight to the Commission; NOW, THEREFORE, BE IT RESOLVED, That on this Uh day of April 1994, the Frederick County Planning Commission does express its deep appreciation and gratitude to Ronald W. Carper for a joh well donel 3797. Resolution of Appreciation Honoring Manuel C. DeHaven WHERL'AS, Manuel C. DeHaven served on the Frederick County Planning Commission with dedication, professionalism, and insight from January 10, 1972 to Februar 12, 1994, and, WHEREAS, durin his tenure, the Frederick Count Planning Commission did make greet strides towards building a better future for the people of Frederick Countyr and, WHEREAS, the members of the Frederick County Planning Commission and the staff of the Frederick County Department of Planning and Development wish to encourage Manuel C. DeHaven to remain active in community affairs and to continue to provide his insight to the Commiseioni NOW, THEREFORE, III IT RESOLVE' D, That on this 6ih day of April 1994, the Frederick County Planning Commission does express its deep appreciation and gratitude to Manuel C. DeHaven for a job well donol 3798 Resolution of Appreciation Honoring Beverly J. Sherwood WHEREAS, Beverly J. Sherwood served on the Frederick County Planning Commission with dedication, professionalism, and insight from January 13, 1988 to December 31, 1993= and, WHEREAS, during her tenure, the Frederick County Planning Commission did make great strides towards building a hetter future for the people of Frederick County; and, WHEREAS, the memhers of the Frederick County Planning Commission and the staff of the Frederick County Department of Planning and Development wish Beverly J. Sherwood continued success in her term as Delegate to the .State House of Dclegatesl NOW, THEREFORE, BE IT RESOLVED, That on this 6th day of April 1994, the Frederick County Planning Commission does express its deep appreciation and gratitude to Beverly J. Sherwood for a job well done! -3799 --