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PC_12-07-88_Meeting_MinutesMEETING MINUTES of the 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 December 7, 1988. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; S. Blaine Wilson; Manuel C. DeHaven; Beverly Sherwood; Carl M. McDonald; Kenneth Y. Stiles; Marjorie H. Copenhaver; and George L. Romine. Also present were: Robert W. Watkins, Secretary; Kris C. Tierney, Advisory; and A. Bray Cockerill, Advisory CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. MINUTES The first order of business was the consideration of the minutes of November 16, 1988. Upon motion made by Mr. Romine and seconded by Mr. DeHaven, the minutes of November 16, 1988 were unanimously approved as presented. BIMONTHLY REPORT The Commission and staff discussed pending applications. COMMITTEE REPORTS Economic Development Commission Mr. Romine said that economic development continues to be very busy and some bright prospects are into the final stages for locating in Frederick County. Capital Improvements Plan Subcom Mr. Romine reported that the Capital Improvements Plan Subcommittee had their initial meeting and rearranged some of the items on the plan. The next meeting will be held in January. 2793 - 2 - Transportation Committee Mr. Golladay reported that the Transporation Committee held a public hearing on the Six -Year Major Road Improvement Projects on December 5, 1988. He also reported that the Transportation Committee received a request from Mr. Jerry Shields and Mr. David Eller of the College Park Subdivision to abandon a portion of a stub street in the College Park Subdivision. The committee recommended that the County abandon the stub street and begin the process for Mr. Shields and Mr. Eller to purchase the property. Holiday Meeting Schedule Chairman Brumback announced the cancellation of the Planning Commission's meeting of January 4, 1989, due to the Christmas and New Years holiday. PRESENTATION TO THE CRANWELL COMMISSION OF THE GENERAL ASSEMBLY Mr. Stiles announced to the Commission that John Riley, the County Administrator, and himself were scheduled to go to Richmond on December 8, 1988 to testify before the Cranwell Commission, a study committee of the General Assembly, that is considering allowing counties to deal with off -site improvements on proposed developments. Mr. Stiles said that he intended to testify that Frederick County believes it needs additional leeway as far as dealing with off -site improvements, particularly as it applies to roads. Mr. Stiles said that, for example, when a rezoning comes before the Planning Commission, the only review the Transportation Department has done is to determine whether or not there is an acceptable entrance and suitable site distance. He said that they do not address the question of whether or not the roads that will carry the traffic from the development are adequate. Mr. Stiles felt that the county was at the point where it needed the leeway to address this issue locally. Mr. Stiles said that once the County determines the location of roads, through the Transportation Plan, it needs to have the authority to prohibit building where the road is planned. Mr. Stiles also announced that Mr. Smalley, the Highway Commissioner from the Staunton District, Mr. Riley, and himself would be meeting with Commissioner Raymond Pethtel of the Transportation Department and Vivian Watts, the Secretary for Transportation and Public Safety, to address the Board of Supervisors' offer to the Transportation Department to front money for the design and engineering of Route 37 and to push for the immediate initiation of work on Route 37, particularly the sections from Kernstown to Route 522 and the intersection with Route 11 North. Mr. Stiles noted that the other item to be addressed was the Board's willingness to advance money for the secondary program for design, engineering, and right -of -way 2799 - 3 - acquisition for secondary roads on a revolving basis in order to try and speed up some of the projects. (Mr. Stiles left the meeting at this point.) Plat Vacation and Subdivision of Frederick Plaza (formerly Frederick Mall) for a shopping center in the Gainesboro Magisterial District. Action - Approved Mr. Harry Benham III, attorney, was present on behalf of the owners, James T. Anderson, William Johnston, and himself. Mr. Benham said that there are five lots in this tract of land and the owners would like to rearrange the lots to better utilize the property. Mrs. Sherwood asked if the 30 foot utility easement was also the roadway. Mr. Benham replied that the utility easement would pass through the middle of the roadway. He said that the utilities are already in place and a partial road exists. Mr. Benham added that the present road width varies from approximately 50 feet down to 40 feet. Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Plat Vacation and Subdivision of Frederick Plaza (formerly Frederick Mall) for a shopping center on 15.8 acres, zoned B -2, and located on the south side of Route 522, east of Route 37, in the Gainesboro Magisterial District. DISCUSSION ON FREDERICK PLAZA SITE PLAN Mr. Watkins informally presented the Frederick Plaza site plan which consisted of a shopping center anchored by a Food Lion grocery store, a Rite Aid drug store, and some other smaller buildings. Mr. Watkins pointed out the parking, entrances, detention areas, etc. He noted that the staff is currently receiving comments from the various reviewing agencies. Chairman Brumback asked that this plan be formally presented to the Commission after all the comments have been received from the reviewing agencies. Final Subdivision Plat of Kimerly Henry for two lots, zoned B -2, for business uses, located on Baker Lane in the Stonewall District. Action - Approved Mr. Michael Bryan, attorney for Kimerly Henry, was present to :11 - 4 - answer questions. Mr. Bryan said that this request is a continuation of subdivisions that Mr. Henry has been doing in this area. 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 lots (Lot 32 and Lot 33) for business uses. This property is located on Baker Lane in the Stonewall Magisterial District. PUBLIC HEARINGS Rezoning Request #018 -88 of Nicholas Smart, et al. to rezone 3.96 acres (Lots 6, 7, 8, 9, 10, 11) from RP (Residential Performance) to B -2 (Business General) and located on Route 50 East in the Shawnee District. Action - Tabled for 60 Days Mr. Nicholas Smart came forward to represent himself and the following property owners /applicants: Jerry and Helen Kirk, Thurston and Thelma Collins, Charles Luttrell Estate, and Nicholas and Kathy Smart. Mr. Smart said that sewer and water were in place and he felt that the property was a natural entrance to the town. The Planning Commission was concerned about the possibility of having six driveways onto Route 50, if the properties were sold separately. Mr. Smart said that all the properties are currently for sale and it was their hope that one buyer would purchase all the properties and make an attractive entrance to Winchester. The question was raised on whether or not the Planning Commission had the right to turn down site plans on the basis that too many entrances would create a safety hazard. Mr. Lawrence R. Ambrogi, the Commonwealth's Attorney, said that in a previous court case, the judge ruled that entrances were a Transportation Department matter and the Board did not have the authority to deny an application based on a Transportation Department matter. Chairman Brumback called for anyone from the audience who wanted to speak on this rezoning and the following people came forward: Mr. Robin Doss, adjoining property owner at 1155 Princeton Drive, came forward to speak in opposition to the rezoning. He said that there were a lot of traffic problems at College Park now and he felt any business zoning at this location would add to the problem. Mr. Doss said that across the street from Purdue Drive and Route 50, the Church of Christ is being completely surrounded by residential development. Mr. Doss felt that opening this property up for general retail would create a conflict of uses. Mr. Doss was also concerned that the business zoning would devalue 2801 - 5 - his property. He was also concerned about blowing trash and lights. Mr. Leonard Newcome, resident of College Park, was present on behalf of the College Park Property Owners Association. Mr. Newcome said that Route 50 figures into many of the problems that are presently occurring in the College Park area. He said that the Virginia Department of Transportation (VDOT) has been widening and grading Route 50, however, the problem is that VDOT has not allowed ample turning distances for automobiles heading west on Route 50 to make a right hand turn into any of the lots in question or any other businesses in that area. Mr. Newcome said that it was difficult to get out of College Park now with any ease and if these lots were approved for commercial use, it would make the situation much worse. Mr. Newcome asked the Commission to hold off any rezoning in this area until VDOT has finished their work on Route 50. Mr. Newcome also felt it would be appropriate for future developers in that area to put in curb and gutter and sidewalk for pedestrian safety. Mr. DeHaven felt that if the property remained zoned as RP, it would be possible for a property owner to put three houses on one of the lots. Mr. DeHaven felt the business use would be more appropriate than residential use at this location. Other commissioners agreed that this was potential business property; however, until the entrance question was resolved, they were hesitant to approve a rezoning. It was mentioned that this one application was submitted by four different owners of six different lots. The question was also raised on whether or not VDOT realized this rezoning request was for six separate lots when they submitted their comments. Upon motion made by Mr. Wilson and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Request X6018 -88 of Nicholas Smart, et al. for 60 days in order for the staff to receive some clarification from VDOT on future entrances to serve the lots in question. Rezoning Request #019 -88 of Willis White to rezone 2.0498 acres from B -1 (Business Limited) to B -3 (Industrial Transition) for mini -self storage buildings in the Opequon District. Action - Denied Mr. Willis White said that it was his intention to serve the Stephens City area which was in need of self- storage facilities. Mr. Golladay said that he received a call from a neighbor who did not have a problem with the self- storage business, however, he was concerned that if the applicant changed his mind about the use of the property after it was rezoned, other businesses that he did object to could be located on the property under the ordinance. Mr. Golladay said that this neighbor was also concerned about trash and debris and also requested 2802 - 6 - that the applicant be required to provide screening. Mr. Watkins commented that at the public meeting held in Stephens City, comments were made that the commercial development in this area may be greatly affecting the problems at the interchange. Mr. Watkins noted that self storage was one of the lowest generators of traffic. He also noted that B -3 was a lower traffic generator than B -1 or B -2. Mr. Harry Stimpson, property owner to the south and to the west of the land in question came forward to speak in opposition to this rezoning request. Mr. Stimpson said that in 1973, both he and his son purchased about 83 acres in this area. He said that they worked very closely with the staff and the Planning Commission and many meetings were held. He said that after several plans had been worked on, a plan evolved for 103 single - family homes to the west, known as Ridgefield, Sections I and II. The general agreement was that there would be a buffer zone of multi - family land to the west of the single - family homes and this was approved by the Board. He said that at the request of the planning staff and at considerable expense, they constructed Stickley Drive. He said that they have also submitted a plan for 11.7 acres of multi - family land to the south of the present Stephens Village. Mr. Stimpson said that they have worked very hard and closely with the staff and the Board on their plan and he felt it was a very bad precedent to come in and rezone two acres of industrial land right in the middle of their project. Mr. Stimpson said that some mention has been made about having more industrial land to the south of Stickley Drive and he was also very opposed to this, since it was adjacent to his Stephens Village project. The Planning Commission felt that the mini -self storage proposal was a reasonably light business use with low traffic, however, the B -3 Zoning was not compatible with surrounding properties at that location. There also was some discussion of allowing this use in a B -2 Zoning District. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Request #019 -88 of Willis White to rezone 2.0498 acres in Stephens City from B -1 (Business Limited) to B -3 (Industrial Transition) for mini -self storage buildings by the following vote: YES (TO DENY): DeHaven, Wilson, Golladay, Brumback, Sherwood, McDonald, Copenhaver NO: Romine PUBLIC MEETINGS Preliminary Master Development Plan #014 -88 of Canterbury Square (formerly New Dominion) for 20 patio houses on 3.879 acres, zoned RP, and located on Westminster - Canterbury Drive in the Gainesboro District. 2803 - 7 - Action - Approved Mr. Bruce Edens, Engineer with Greenway Engineering & Surveying Company, presented the plan to the Commission. It was noted that the current owner, Walter Pugh, will be selling the property to Doug Toan, Benjamin Butler, Stephen Butler, and Michael Bryan. Mr. Michael Bryan presented drawings of the type of homes they plan for this property, which he noted would be in the $175,000- $200,000 price range. Buffers, screening, recreational facilities, stormwater management, and other items concerning this site were discussed. The staff recommended approval with the following additions to the final plan: 1) A conceptual plan for stormwater management. 2) A general statement of the type of recreational facility to be provided. 3) Statements, profiles, cross - sections, or examples clearly specifying screening. Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Preliminary Master Development Plan #014 -88 of Canterbury Square (formerly New Dominion) for 20 patio houses on 3.879 acres, zoned RP. This property is located on Westminster- Canterbury Drive, south of Route 522 North, in the Gainesboro Magisterial District. The vote on this plan was: YES (To Approve): Wilson, DeHaven, Golladay, Brumback, Sherwood, McDonald, Copenhaver ABSTAIN: Romine DISCUSSION OF JAILS AS AN ALLOWED USE IN THE M -1 ZONING DISTRICT Mr. Watkins said that the County Administrator's office has requested that the Planning Commission take action to allow the regional jail in the M -1 (Light Industrial) Zoning District. Mr. Watkins presented a proposal to amend the ordinance. Mr. Golladay made a motion to advertise this amendment for public hearing. This motion was seconded by Mr. DeHaven and unanimously approved. 2804 - 8 - ANNUAL REVIEW OF CONDITIONAL USE PERMITS The staff and Commission reviewed the current list of conditional use permits. No action was taken at this time. ADJOURNMENT The Planning Commission had no further business to discuss and adjourned at 9:10 p.m. Respectfully submitted, Robert W. Watkins, Secretary i/J� % �- Prank H. B ack, Chairman 2805