Loading...
PC_05-04-88_Meeting_MinutesMEETING MINUTES FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room in the Old Frederick County Court House, 9 Court Square, Winchester, Virginia, on May 4, 1988. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; Manuel C. DeHaven; Beverly Sherwood; Marjorie H. Copenhaver; George L. Romine; Kenneth Y. Stiles; and S. Blaine Wilson. Also present were: Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory; and James Szymecki, Advisory ABSENT: Carl M. McDonald CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. The first order of business was the consideration of the minutes of April 20, 1988. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, the minutes of April 20, 1988 were unanimously approved as presented. BIMONTHLY AND MONTHLY REPORTS The Commission and staff discussed pending applications. COMMITTEE REPORTS Economic Development Commission Mr. Romine reported that the Economic Development Commission is experiencing a lot of activity. Transportation Committee Mr. Golladay said that the Transportation Committee met on Monday, May 2, 1988 and acted on the following items: 1) A rural addition request for Hudson Avenue; 2) School warning signs for Shenandoah Valley Baptist Church. Mr. Gyurisin said that the staff prepared a proposal for a transportation study in this area; however, since the Virginia Department of Transportation has already begun a study which includes the same areas, the County will put their proposal on hold. 2682 - 2 - Mr.,Gyurisin reported that the Transportation Committee also considered a petition from a number of business and property owners along Route 522 South requesting that the speed limit be reduced from 45 mph to 35 mph. SUBDIVISIONS Final Subdivision Plat of Kimerly Henry, Lots 30 (.5692 acres) and 31 (.6315 acres), Zoned B -2, for two commercial lots in the Stonewall District. Action - Approved Mr. Kimerly Henry, applicant, was present to answer questions. Upon motion made by Mr. DeHaven and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the final subdivision plat of Kimerly Henry for two commercial lots with all required utilities and improvements located on the east side of Baker Lane, north of the Winchester City line, in the Stonewall Magisterial District. SITE PLAN REQUESTS FOR ADMINISTRATIVE APPROVAL Mr. Gyurisin said that he had received a request from Kuykendall, Wetsel & Kuykendall, representing the Potomac Edison Company. He said that Potomac Edison Company is planning to replace the wooden line structures in the southern end of the County with new wooden "H- frame" structures. He said that Potomac Edison has stated that they will not be increasing the capacity of the line. Chairman Brumback instructed the staff to proceed with administrative review and approval. ---- ---------- -- - - -- DISCUSSION ON FAMILY SUBDIVISION EXEMPTIONS Mr. Watkins said that the Frederick County Subdivision Ordinance states that plats can be approved for family members in the Agricultural Zoning District with lots as small as one acre in size. He said that the Subdivision Ordinance does not specify, however, that more than one lot cannot be recorded for the same family member and this has allowed the code to be circumvented. Mr. Watkins said that concern has been expressed that the County Subdivision Ordinance be amended to prevent the subdividing of rural land into small parcels by deeding over and over again to family members on different tracts of land. The Commission and staff discussed alternate methods to controlling the situation. The Commission instructed 2683 - 3 - the staff to obtain an opinion on this matter from the Commonwealth Attorney. (Mr. Stiles and Mr. Wilson arrived at this point of the meeting.) Preliminary Subdivision Plat of R.T. &T., Zoned B -2, for the division of 29.622 acres into 14 lots in the Back Creek Magisterial District. No Formal Action Necessary Mr. Thomas Glass, representing the owners, Mr. Tom Baker, Mr. Ralph Gregory, and himself, was present to answer questions. Mr. Glass said that they are proposing the division of a 29.622 acre tract into 14 two -acre business lots. The Commissioners were concerned that the size of the water and sewer lines were sufficient to serve properties to the west, if necessary. The Commission felt that no formal action was necessary on this subdivision as it was a preliminary subdivision plat for information only. PUBLIC HEARINGS An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to revise the definition of Automobile Graveyard and Inoperable Motor Vehicle. Action - Approved Mr. Watkins said that the County attorneys have stated that the current definition of automobile graveyards make junked car regulations difficult to enforce. Mr. Watkins said that this proposal revises the definition for both automobile graveyards and inoperable motor vehicles. Chairman Brumback asked for public comment, but no one came forward. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve an ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article I, In General, 1 -1 Definitions, Section 1 -1 -12, Automobile Graveyard, as follows: 1 -1 -12 AUTOMOBILE GRAVEYARD - Any lot or place which is exposed to the weather upon which more than five inoperable motor vehicles are placed, located or found. 1 -1 -111.3 INOPERABLE MOTOR VEHICLE - Any motor vehicle having any major component missing and which is exposed to the weather and m - 4 - unlicensed by the Virginia Division of Motor Vehicles. Major components shall include the engine, transmission, steering mechanism or other components which are necessary for the safe and normal operation of such vehicle. An ordinance to amend the Frederick County Code, Chapter 21, Zoning, requiring that the average floor area of uses on on a parcel not exceed 3,000 square feet. Action - Approved Mr. Watkins said that limiting structures to 3,000 square feet promotes scattered strips of small structures. He said that an appropriate alternative would be to allow small neighborhood shopping centers with several small businesses in buildings that are larger than 3,000 square feet. He said that the average floor space limitation is intended to insure that neighborhood businesses remain small in scale. Chairman Brumback asked for public comment, but no one came forward. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve an ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article X, B -1 (Business Limited) District, as follows: 10 -1 STATEMENT OF INTENT The primary purpose of this district is to establish a business district that will serve the surrounding residential districts. Traffic and parking congestion are to be held to a minimum to protect and preserve property values in the surrounding residential districts and, insofar as possible, neighborhood business development should take place in the district. The district should include such activities as are necessary for the day -to -day operation and convenience of a normal household. Neighborhood business developments are intended to be relatively small in area. 10 -7 USE AREA REQUIREMENTS The average total floor area for all individual uses on a parcel of land shall not exceed 3,000 square feet. Rezoning Request #008 -88 of Butler Manufacturing Company to rezone 30+ acres from A -2 (Agricultural General) to M -1 (Industrial Limited) in the Stonewall Magisterial District. Action - Approved 2685 - 5 - Mr. Romine and Mr. DeHaven noted for the record that they would abstain from voting and discussion on this request, due to a conflict of interest. Mr. Werner R. Eugster of Butler Manufacturing Company in Kansas City, Missouri said that they selected the Frederick County area because of the labor and economy climate and the excellent transportation system. Mr. Eugster said that his company manufactures post frame or wood frame buildings and pre- engineered steel buildings. He said that this operation requires a great deal of land and outside storage is required for lumber. He said that they would like to reserve 10 acres for future expansion. Mr. Eugster added that they will be employing 20 -30 persons the first year and will increase that amount to 60 employees in the future. Mr. Charles Maddox of G. W. Clifford & Associates, the firm doing the engineering work for Butler Manufacturing, was present to answer questions on buffering and screening and the sewage disposal system. Mr. John Light, an adjoining property owner, had concerns about the Wisconsin Mound Type sewage system proposed to serve the site. Mr. Light was concerned about environmental pollution and health safety. Mr. George Sempeles, adjoining property owner, was concerned about increased traffic, run -off from treated lumber, water and sewage disposal, and precedent setting of future industrial rezonings in the area. Mr. Stiles noted that the precedent over the last 20 years has been that not all industrial zoning is required to be in industrial parks and that all industrial zoning is not required to be on water and sewer. Mr. Stiles said that part of the underlying goal for industrial development in the County is to see some industrial growth dispersed to provide job sources in various areas throughout the County. Mr. Stiles also noted that there are industrial zonings adjacent and near this site. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request -0008 -88 of Butler Manufacturing Company to rezone 30+ acres from A -2 (Agricultural General) to M -1 (Industrilal Limited) for a building manufacturing plant. This property is located on' Route 11 North at Rest Church and right on Virginia State Route 669 in the Stonewall Magisterial District. The vote on this rezoning was: YES (TO REZONE): Copenhaver, Stiles, Sherwood, Brumback, Golladay, Wilson ABSTAIN: DeHaven, Romine Mr. Stiles requested that at the time of site plan review, that some screening be provided towards the west side of the property, even though there is an adjacent piece of land between this property and the houses on Route 11, and on Route 669. - 6 - Rezoning Request X6009 -88 of Reading Landscapes, Inc. to rezone 1.97+ acres from A -2 (Agricultural General) to B -2 (Business General) for a landscaping contracting business and retail nursery sales business in the Gainesboro Magisterial District. Action - Approved Mr. Michael Bryan, of McKee and Butler law firm, was present to represent Mr. Russell Reading. Mr. Bryan referred to the letter dated March 21, 1966 to the Frederick - Winchester Health Department from Harry B. Rinker, previous owner of the property, regarding the septic system. Mr. Bryan said that this was an outdated letter concerning the status of the property, as the matter has been rectified. He said that the property used to have a cistern, but a well was drilled more than 100' away from the septic system. Mr. Bryan said that Mr. Reading intends to reside on the property and operate his business there as well. He also pointed out that this operation was consistent with other businesses in the area and the property is somewhat isolated. Chairman Brumback called for public comment, but no one came forward. Mrs. Sherwood was concerned about spot zoning, even though B -2 zoning has taken place in the Albin area. She noted that there were nonconforming uses in the Albin area and felt the nature of the area was business oriented. She also pointed out that the property was not located close to a heavily residential area and there was good access to Route 522. Upon motion made by Mrs. Sherwood and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request X6009 -88 of Reading Landscapes, Inc. to rezone 1.97+ acres from A -2 (Agricultural General) to B -2 (Business General) for a landscaping contracting business and retaillnursery sales business. This property is located on the west side of U.S. Route 522 North at Albin in the Gainesboro Magisterial District. Rezoning Request #010 -88 of Glaize and Brothers, A Virginia Partnership to rezone 5.000 acres from MH -1 (Mobile Home Park) to B -2 (Business General) for model homes and offices in the Shawnee Magisterial District. Action - Approved Mr. Billy J. Tisinger, was present as the agent for Glaize and Brothers. In reply to Mrs. Sherwood's comment that she could not find a sign posted on the property, Mr. Tisinger said that a sign was posted approximately two weeks ago, was taken down by someone, and was posted 2687 - 7 - again. Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, presented the plan. Mr. Tisinger said that they are proposing the business -type zoning in order to put up model homes. He said that it is not their intent, at this time, to hook up the model homes to sewer; however, at some time in the future, they would like to convert the homes into offices. Mr. Fred K. Pecht, adjoining property owner, said that his objection was the poor sight distance at this location and he felt the property would have a hazardous entrance. Mr. Curtis Breeden, adjoining property owner, was also very concerned about the traffic on this road and the poor sight distance. Mr. Tisinger said that the Virginia Department of Transportation has required them to remove the birm on their side of the road, so the site distance on their side of the road will be greatly improved. Mr. Tisinger also commented that the use they are proposing would not create as much traffic as a mobile home park. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #010 -88 of Claize and Brothers, A Virginia Partnership to rezone 5.000 acres from MH -1 (Mobile Home Park) to B -2 (Business General) for model homes and offices. This property is located on Route 522, a short distance north of the intersection of Route 522 with Bufflick Road, and located on the west side of Route 522 in the Shawnee Magisterial District. Conditional Use Permit #008 -88 of Stephen P. Williams to re- establish a former nonconforming use on 2.562 acres for equipment sales and service in the Back Creek Magisterial District. Action - Approved Mr. Watkins said that Commissioner McDonald had informed the staff that this property had a long history of business use. Mr. Stephen G. Butler, attorney, was present to represent Mr. Stephen P. Williams. Mr. Butler said that Mr. Williams is in the paper bailer business. He said that because of the way the property is situated, the use should not impact the neighbors. A motion was made by Mr. Stiles and seconded by Mr. Golladay to add a condition that all Health Department requirements must be met and also a condition stating that if blowing paper or debris become a problem, screening and /or fencing may be required. This motion was unanimously NEW - 8 - approved. Upon motion made by Mrs. Copenhaver and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #008 -88 of Stephen P. Williams to re- establish a former nonconforming use on 2.562 acres located on the south side of U.S. Route 50, and the north side of the Winchester and Western Railroad, near the intersection of Route 608 and Route 50, in the Back Creek Magisterial District, for equipment sales and service with the following conditions: 1. This is a one year permit to be reviewed and renewed annually by the staff, the Planning Commission and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. All parking shall of off street. 4. All health department requirements must be met. 5. If blowing paper or debris become a problem, screening and /or fencing may be required. INFORMAL DISCUSSION OF REVISED GROVE HEIGHTS MASTER DEVELOPMENT PLAN BY PACIULLI. SIMMONS & ASSOCIATES, LTD. Mr. Golladay said that he would abstain from discussion due to a business conflict of interest. Mr. Watkins said that the new owners of the Grove Heights project were present to discuss, on an informal basis, proposed re isions to the approved Grove Heights master development plan. Mr. Mark Seager, engineer with Paciulli, Simmons &Associates, Ltd. was present to discuss the revisions with the Commission. i The major changes proposed were to shift some of the road alignment Ito better reflect the natural topography of the site, resulting in improved visual character and reduction in the amount of clearing and earthwork. The other major change requested was to permit the common open space to be provided in easements over lots rather than as land owned by a residents' association. They felt the restrictive easements would be sufficient to protect vegetation and natural features. Mr. Seager said that there will not be any significant changes made with respect to entrances, lots adjoining College Park, and number and size of lots. Some Commissioners were in favor of eliminating the homeowners association, however, others felt it was a radical departure from the open space concept originally established. The Commissioners had questions on MEMO - 9 - access, ownership and taxes of the easement area and also on precedent setting regarding open space for future master plans. The Commissioners felt that overall, the changes suggested were an improvement over the former plan. Chairman Brumback called for public comment and residents from the College Park Subdivision came forward to speak. Mr. Gary Pugh, resident on Vassar Circle, had questions on the homeowners association. Mrs. Evelyn Bly, resident on Vassar Circle, preferred to see the wooded lots adjoining her land cleared of brush. She was also not in favor of open space areas where everyone would have access. Mr. Bary Bryant, resident on Yale Drive, felt that more time was needed to study the proposed changes before a decision was made. Mr. Leonard Newcome, resident on Yale Drive, thanked the Commission, on behalf of all the residents of College Park, for their help and consideration during the planning of this development. Mr. Newcome wanted to see all the residents around the perimeter of the College Park subdivision protected by screening and /or buffering. He also felt that the revised road layout was an improvement. Mr. Newcome stressed the importance of continuing to make improvements to Route 50. Mr. Helmut Newman, resident on Yale Drive, was concerned about setting a limit on the number of trees that could be removed. The Commission felt that the road layout changes were acceptable, but wanted to reserve judgement on the open space until they could give the concept more study. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully sub fitted, Frank H. Brumback, Chairman Robert W. Watkins, Secretary 2690