Loading...
PC_10-02-91_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 2, 1991. PRESENT: Pinning Commissioners present were: James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice Chairman; S. Blaine Wilson, Shawnee District; Manual C. DeHaven, Stonewall District; Marjorie H. Copenhaver, Citizen at Large; Todd D. Shenk, Citizen at Large; Roger L. Thomas, Citizen at Large; Kenneth Y. Stiles, Board Liaison; and James Barnett, City Liaison. Planning Staff present were: Robert W. Watkins, Secretary; W. Wayne Miller ABSENT: John Marker, Back Creek District; Carl M. McDonald, Gainesboro District; George L. Romine, Citizen at Large CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. INTRODUCTION OF MR TODD D SHENK CITIZEN AT LARGE FROM GAINESBORO DISTRICT Chairman Golladay welcomed Mr. Todd D. Shenk, the new Citizen at Large representative from Gainesboro District. Mr. Shenk replaced Mr. Douglas Rinker, who had resigned. INTRODUCTION OF MS FRANCES D STANLEY PLANNER I Mr. Watkins introduced Ms. Frances D. Stanley, the Planning Department's newly hired Planner 1. MINUTES Upon motion made by Mr. McDonald and seconded by Mrs. Sherwood,.. the minutes of September 4, 1991 were unanimously approved as presented. 3396 Fa BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. TRAFFIC LIGHTS ON ROUTE 37 AND ROUTE 647 Mr. Thomas asked that the Planning Commission request that V DOT take a second look at the locations of two of the sets of traffic lights on Route 37 and 647. Two sets are incorrectly located. They are located after the intersection instead of either in the intersection or before the intersection and are causing a great deal of confusion. Mr. Watkins suggested that this go before the Transportation Committee first and then to the Planning Commission. SITE PLANS Discussion regarding Site Plan #020 -91 for the Youth Development Center for youth . meeting facilities. This property is located at the intersection of Shawnee Drive and Battaile Drive in the Shawnee District. Mr. Watkins said that the staff is requesting authority to administratively approve this site plan. Mr. Watkins noted that the Board of Supervisors is contributing to this project. This project will be located in both the City and the County. Mr. Jim Barnett, Winchester City Liaison, said that the City Commission recommended to Council a slight rewriting of the ordinance for the B2 District in order to permit the activities planned. The consensus of the Commission was for the staff to proceed with administrative review and approval. SUBDIVISIONS Subdivision Application of West Brooke Road (southern end) to complete the connection to Park Center Drive, on the north, in the Stonewall District. Action - Approved 3397 191 Mr. Miller stated that this subdivision is for the remaining portion of West Brooke Road that will extend from Brooke Road on the south to the portion near the Kraft General Foods plant on the north that was previously approved. He said that this will complete the connection to Park Center Drive on the north. Mr. Miller said that this will be a dedicated road and will be constructed to VDOT standards for entry into the state's secondary system. Mr. Whitney Wagner, one of the owners of the Fort Collier Industrial Park, was available to answer questions from the Commission. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision application for West Brooke Road (southern end) in the Fort Collier Industrial Park, between the intersection of Brooke Road (Route 1322) and the end of existing dedication (Property LD. #540000A000081). This subdivision will complete the connection to Park Center Drive, on the north, in the Stonewall District. Subdivision Application for Lot 42 of the Fort Collier Industrial Park. This property is located northeast on West Brooke Road in the Stonewall District. Action - Approved Mr. Miller said that this subdivision is in conformance with the approved master development plan. He said that the lot is located just south of the General Foods property and fronts on West Brooke Road. Staff recommended approval with the condition that the county engineer's comments, to provide a drainage easement to delineate the limits of the relocated stream, be addressed. Mr. Whitney Wagner, one of the owners of the Fort Collier Industrial Park, was available to answer questions from the commission. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision application for Lot 42 of the Fort Collier Industrial Park. This property is located just south of the General Foods property, fronting on West Brooke Road, and is identified by property identification number 54000OA0000081 in the Stonewall District. This approval is given with the condition that comments from the County Engineer will be addressed. MASTER DEVELOPMENT PLANS 3398 4 Revised Master Development Plan #004 -91 for Fort Collier Industrial Park and the Subdivision Application of a 73.350 acre parcel for the Hershey Pasta Group plant facility in the Stonewall District_ Action - Approved Mr. Miller introduced Mr. Edward G. Buchan, the project manager and engineer for Hershey Foods, and Mr. Steve Holzinger, the Hershey staff counsel. Mr. Miller said that the master plan for Fort Collier is being revised to show the elimination of the intersection of Brooke Road and Park Center Drive. He said that this is required since the Hershey Pasta Group property will eliminate the need for this intersection. He said that Brooke Road will terminate at the Hershey property on the south and Park Center Drive will terminate at the Hershey property on the west. Mr. Miller said that this will give access to the Hershey property from two directions and will have minimal impact on the development of the remainder of the industrial park. Mr. Miller reported that the subdivision is for a 73.350 acre parcel to establish the tract where the Hershey Pasta Group will be building their facilities. He said that the proposed subdivision meets the requirements of the subdivision ordinance and will be in conformance with the proposed revised master development plan. Mr. Whitney Wagner, one of the owners of the Fort Collier Industrial Park, said that the first phase of the facility is a 180,000 square foot plant. The warehouse, to store the pasta, will be 350,000 square feet. The third phase will be a 15,000 square foot mill. Mr. Wagner pointed out the existing and proposed rail locations. Mr. Shenk had questions on wastewater handling at the site. Mr. Ed Buchan, Hershey Food's Project Manager, felt that, based on their other plants, the affluent will not be a problem with the existing sewer; however, they are looking at the situation. Mr. Stiles commented that the Service Authority currently has agreements with the City and the County Sanitation Authority, pursuant to Federal regulations and the Clean Water Act, that before sewage can be accepted for the sewage treatment plant from industrial users, it will be pre - treated, if necessary, so that it is essentially household waste. Upon motion made by Mr. DeHaven and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Revised Master Development Plan #004 -91 of Fort Collier Industrial Park, located north of Winchester and south of I -81, and the Subdivision Application of the Hershey Property for the Hershey Pasta Group facilities. This property is identified as number 840000A0000081 in the Stonewall District. It was also the consensus of the Commission that the staff would administratively review and approve the site plan for the Hershey facilities. 3399 5 Conditional Use Permit #010 -91 of John Edward Murtagh for a Cottage Occupation for an In -Home Consultant's Office and employing one person. This property is located in Shen -Pool Farms Subdivision on Old Bufflick Road, property identification number 770000200000F0, in the Shawnee District. Action - Approved Mr. Miller said that the location of the residence is in a rural subdivision consisting of five -acre lots and there should be no impact on the neighborhood. Staff recommended approval with conditions. Mr. John Edward Murtagh, the applicant, was present to answer questions. There was no public comment. Upon motion made by Mr. Wilson and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #010 -91 of John Edward Murtagh for a Cottage Occupation /In- Home Consultant's Office with one employee, with the following conditions: 1. This permit will be reviewed and renewed annually. 2. Increase in the intensity of the use or expansion of the facility for the use, will require a new conditional use permit. Conditional Use Permit #011 -91 of Larry L. Earbart for a public garage for truck repair service and no body repair. This property is located on Route 629, property identification number 740000A000010F, in the Back Creek District. Action - Approved Mr. Miller said that the building in which the applicant will be doing truck repair is located behind his residence and is screened on two sides by mature orchards and on one side by woodland. Mr. Miller said that the facility would not be visible from any other residence and should not change the character of the area. Mr. Larry L. Earhart, the applicant, went over each of the conditions with the staff and Commission. Mr. Earhart asked if this permit applied to either him or his wife repairing their own personal vehicles or equipment on their property at any time of the day. 3400 M Chairman Golladay replied that it did not. Chairman Golladay told Mr. Earhart that he could repair his personal vehicles at any time, as long as he did not become a nuisance to the neighbors. There was no public comment. Upon motion made by Mrs. Copenhaver and seconded by Mrs. Sherwood, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #011 -91 of Larry L. Earhart for a public garage for truck repair service with no body repair, with the following conditions: 1. This permit will be reviewed and renewed annually. 2. All repair work shall take place entirely within an enclosed structure. 3. All exterior storage of parts and equipment shall be screened from view of surrounding properties. 4. No inoperative vehicles will be stored on the property. 5. The number of vehicles awaiting repair shall be limited to a maximum of five. 6. Increase in the use or expansion of the building will require a new conditional use permit. 7. The BOCA Building Code and the Fire Prevention Code will be complied with at all times. Rezoning Application #007 -91 of Paul Negley to rezone 8.94 acres in the Stonewall District from B -2 (Business General) to B -3 (Industrial Transition) Action - Approved Mr. Watkins said that the site is located between retail and industrial areas to the rear of an interchange commercial area. He said that the site may be considered to be ideal for industrial transition zoning and no adverse impacts were anticipated. The staff recommendations were for approval. Mr. Watkins read a letter from Mr. John R. Pritchard, III, Vice President/General Counsel for Winchester North, Inc., the owner of the Econo Lodge motel which is located on adjacent property. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, the letter was made a part of the record by unanimous vote (letter appears at end of minutes). 3401 7 Mr. Matt McHale, representing Mr. Paul Negley, said that the portion of the property near the railroad tracks and Blue Flame will be the site of Mr. Negley's construction/ excavation office. The commissioners and staff discussed buffer and screening requirements between the B2 and B3 zoning districts. The commissioners felt that the proposed business could potentially require diesel truck traffic in and out of the site during early morning hours and truck and machinery repair on the site, which may disturb hotel guests. They felt that the potential noise factor and the outside storage of construction equipment would have to be addressed at the site plan stage. Mr. McHale said that Mr. Negley is willing to work with the commissioners and staff to put in a berm or whatever is necessary to provide the proper screening and buffering. There were no public comments. Upon motion made by Mr. DeHaven and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #007 -91 of Paul Negley to rezone 8.94 acres from B2 (Business General) to B3 (Industrial Transition). This property is located on Route 661, behind Days Inn and Econo Lodge, just north of U.S. Route 11, and is identified with property I.D. #430000A0000520 in the Stonewall District. An ordinance to revise all portions of Chapter 18, Subdivision Ordinance, of the Frederick County Code Action - Approved Mr. Watkins said that the intention of this ordinance is to better clarify and specify the subdivision process than is done in the current ordinance. He said that this ordinance attempts to clarify the administrative aspects, the definitions, the terminology, and in particular, to improve the standards for how a subdivision is carried out. Mr. Watkins said that this latest version of the subdivision ordinance was revised to reflect comments received from the Top of Virginia Building Association and Supervisor Harrington Smith, Jr. Mr. Watkins reviewed each of the following revised sections with the Commission: Streets Prior to State Acceptance; Sidewalks and Pedestrian Walkways; Sinkhole Protection; and Monuments and Markers. Mr. Watkins also noted that at previous meetings, some improved language in sections 4 -2 -2.2 and 4 -6 -6.1 was agreed upon, but was inadvertently left out and needs to be included in the ordinance as agreed. Mr. Watkins went over those sections with the 3402 E Chairman Golladay called for public comment and the following person came Mr. Charles Maddox, speaking for the Top of Virginia Home Builders iciation, had two major concerns with the proposed ordinance. Addressing the first issue, Maddox said that under the proposed ordinance, the traditional lot subdivision with 15,000 re foot or greater lot size can be built with roadside ditches; whereas the cluster subdivision 15,000 square foof or less lot size will need curb and gutter. Mr. Maddox felt that the is traditional development should have curb and gutter, not the cluster development. He felt the cluster design should be free -form and suburban in nature. The second concern was the issue of affordable housing. Mr. Maddox said that i a business perspective, he would recommend to his clients to use the single- family tional design because they will be getting the same number of lots, they would not have to Il curb and gutter, and will be able to sell the lots for less money. He said that when people lots, seldom does curb and gutter make a difference to them. Regarding Section 4 -2 -2.2 on interparcel connectors, Mr. Stiles inquired whether should be language allowing the Planning Commission to waive the requirement that the inuation of such streets be constructed where it would not be appropriate. ( It was suggested in instances where the Commission would require them to be built, the language should be r that if there are no lots fronting on the property line, it would be the requirement of the on developing the next parcel of land to bring the street to state standards. The Commission discussed the language on bonding and letters of credit with Mr. Jay Kook, the Assistant Commonwealth Attorney. Mr. Thomas felt the proposed subdivision ordinance encouraged developers to put a little more thought and planning into subdivision layouts. Mr. Thomas talked about the benefits of using street lights, sidewalks, curb and gutter in high density developments. Chairman Golladay said that the proposed subdivision ordinance was not based on performance, such as the RP District in the Zoning Ordinance, and he felt that it should be. Mr. Golladay felt the proposed subdivision ordinance was too rigid and did not allow innovative design. He said he preferred that a combination of requirements, based on width and lot size, be used. Mr. Stiles requested that the ordinance clarify who is responsible for installing and paying for street lights. Mr. Stiles also felt it would be useful to require underground utilities in new areas of development. Upon motion made by Mr. DeHaven and seconded by Mr. Thomas, 3403 e: BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the ordinance to revise all portions of Chapter 18, Subdivision Ordinance, of the Frederick County Code. The vote was as follows: YES (TO APPROVES Copenhaver, Sherwood, DeHaven, Wilson, Shenk, Thomas NO: Golladay ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:30 p.m. by unanimous vote. Respectfully submitted, Robert W. Watkins, Secretary l Ja es W. Golladay, Jr., tXalrman 3404 - 10 - WINCHESTER NORTH, INC. 18041873 -0400 11841 CANON BOULEVARD NEWPORT NEWS. VA 23606 September 27, 1991 Mr. Robert W. Watkins Department of Planning and Development County of Frederick 9 N. Loudoun Street Winchester, Virginia 22601 Re: The Application of Paul L. Negley Meeting Date: October 2, 1991. 7:30 p.m. Dear Mr. Watkins: My company, Winchester North Inc., owns the Econo Lodge motel on Route 11 North, adjacent to the subject parcel recently purchased by Mr. Negley. As you know, both parcels are presently zoned B -2. My concern with the rezoning of Mr. Negley's parcel is in regard to those Permitted B -3 uses which would create excess noise and visual blight so as to be disturbing to and incompatible with my motel use. I am concerned about any uses allowed under B -3 which would have the potential to create excess truck or machinery noise, particularly during evening and early morning hours when my motel guests are trying to sleep. Obviously, I am also concerned about any uses under B -3 which might create a visual blight such as the rear yard of an auto repair shop. I believe my parcel is entitled to such protection. A number of permitted uses under B -3 would be compatible with my business. However, since your Commission does not have the authority to permit some B -3 uses while forbidding others, I feel I have no choice but to oppose the rezoning for the reasons I have stated. I do not know what Mr. Negley's intended use is, and it may be that his use would not be incompatible with a motel operation. Uses which may be undertaken by land owners succeeding Mr. Negley must be considered, however. Should the issue arise, it is my request that the Commission require any buffers and /or screens which are within its authority to impose. ng , very much for your consideration, I remain ly yours, Pritchard, III sident /General Counsel Ili;12t7'irl, 3405