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HomeMy WebLinkAboutPC_06-07-89_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 June 7, 1989. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice - Chairman; John Marker, Back Creek District; Carl M. McDonald, Gainesboro District; Manuel C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; Douglas Rinker, Citizen at Large; Marjorie H. Copenhaver, Citizen at Large; George L. Romine, Citizen at Large; and Kenneth Y. Stiles, Board Liaison. Planning Staff present were: Robert W. Watkins, Secretary; Kris C. Tierney; A. Bray Cockerill, and Evan Wyatt. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES Upon motion by Mr. Romine and second by Mr. Wilson, the minutes of May 3, 1989 were unanimously approved as presented. Upon motion by Mr. McDonald and second by Mrs. Copenhaver, the minutes of May 17, 1989 were unanimously approved as presented. BIMONTHLY AND MONTHLY REPORTS The Commission and staff discussed pending applications. COMMITTEE REPORTS Comprehensive Plan Subcommittee The next meeting is scheduled for June 13, 1989 at 11:00 a.m. Sanitation Authority There will be a tour of the Parkins Mill plant on Monday evening, 2906 - 2 - June 12, 1989. Transportation Committee Mr. Tierney reported that at their June 5, 1989 meeting, the Transportation Committee reviewed the current six year plan for road improvements and considered requests for additions. For the next meeting, the staff will be preparing a list of additions, with a proposal for ranking those additions, for the committee's consideration. SUBDIVISIONS Final Subdivision Plat of Jefferson Village for 52 single - family units on 18.5256 acres, zoned RP, in the Opequon District. Action - Approved Mr. Charles Maddox, with G. W. Clifford & Associates, was the engineer for this project. Mr. Maddox said that the only change from the master plan was the installation of curb and gutter in lieu of roadside ditches. Chairman Golladay said that the residents of Fredericktowne have requested that the natural tree buffer along the stream remain. Mr. Maddox noted that the trees in question will be located on individual lots and presumably, the property owners would not remove them. Mr. DeHaven moved for approval with the stipulation that all trees within the buffer remain. This motion was seconded by Mr. Wilson. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision plat of Jefferson Village for 52 single - family units on 18.5256 acres, zoned RP. This property is located on the north side of Route 277, about one mile east of Stephens City, in the Opequon District. All trees within the buffer area are to remain. Final subdivision plat of Georgetown Court for 39 townhouse lots on 6.6356 acres, zoned RP, in the Opequon District. Action - Approved The staff noted that the applicants have requested that the relocation of the parking lot from the rear of the units to the front be allowed as a minor change to the approved master development plan. Mr. Charles Maddox, with G. W. Clifford & Associates, was the engineer for Georgetown Court. Mr. Maddox noted that curb, gutters and 2907 - 3 - sidewalks would be installed. The Commission asked Mr. trucking company and Mr. Maddox provided along the property lin enough room to provide an earth cause restrictions in drainage. storm sewer system was approved Maddox about screening of the adjacent replied that full opaque screening has been Mr. Maddox said that there was not berm buffer and also, the earth berm would - Mr. Maddox added that an underground for the site by VDOT. 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 subdivision plat of Georgetown Court for 39 townhouse lots on 6.6356 acres. This property is located on the north side of Route 277, about one mile east of Stephens City, in the Opequon District. Resubdivision plat of Greenbriar Village, Section 3, for 15 single - family lots on 4.2216 acres, zoned RP, in the Opequon District. Action - Tabled The applicants requested tabling of their application in order to address some of the agency comments before presentation to the Planning Commission. Upon motion made by Mr. McDonald and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table the re- subdivision plat of Greenbriar Village, Section 3, until the next Planning Commission meeting. PUBLIC HEARING Rezoning Application #007 -89 of Ralph S. Gregory to rezone 16.520 acres from RA (Rural Areas) to B -2 (Business General) in the Back Creek District. Action - Denied Mr. Benjamin Butler, attorney, was present to represent Mr. Ralph Gregory. Mr. Butler said that Mr. Gregory has the provision of tapping to a water and sewer line, which is approximately 1,880' from his south property line; however, it would require the installation of a pumping station. Mr. Butler felt that this area of Route 11 was not a rural area. Mr. Butler also felt that small businesses in this area would create a larger tax base. He also added that Mr. Gregory would be willing to table his rezoning request, if he could be assured that this area would be included in the urban development area of the Comprehensive Plan. •1: - 4 - The Commissioners felt that the implications of extending the sewer service area went far beyond this particular property. They felt that before any rezoning requests were granted on the west side of Route 11, they needed to determine what the County perceived as being desirable in that area. They realized that much of the property between Routes 11 and 81, from the existing commercial development south to Stephens City, would be developed at some time and most probably, in a commercial or light industrial manner. However, they felt they needed to be careful how far down Route 11 commercial development should occur. It was also felt by the commissioners that if sewer service were extended to this particular property, the sewer should be dedicated to the Sanitation Authority as a public line. The Commission could not guarantee that this property would be included in the next update of the urban development area of the Comprehensive Plan. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Application #007 -89 of Ralph S. Gregory to rezone 16.520 acres from RA (Rural Areas) to B -2 (Business General). This property is located on the west side of US Route 11, approximately 1 1/4 miles south of Route 37, in the Back Creek District. Rezoning Application #008 -89 of Shenandoah College 6 Conservatory of Music to rezone 25.925 acres in the Shawnee District from RP (Residential Performance) to HE -1 (Higher Education) for future expansion of educational facilities /residences of Shenandoah College. Action - Approved Mr. Richard C. Shickle, Vice President of Business Affairs for Shenandoah College, was present to represent this application. Mr. Leonard Newcome, 1470 Yale Drive in College Park, came forward to speak for himself and other residents of Shenandoah College. Mr. Newcome said that they were not against Shenandoah College using their land for college uses; however, they were concerned about the traffic that would be generated on Route 794 (Tulane Street), for access to Route 50. He said that Tulane is a 40' street and four or five residents on Tulane would be affected. Mr. Newcome said that they would like to see Tulane improved. He said that College Park residents would prefer that Shenandoah College have a separate entrance /exit other than Tulane and other than the bridge exit on 81. Mr. Gary Pugh, 1189 Vassar Circle in College Park, concurred with Mr. Newcome regarding traffic. Mr. Pugh felt the rezoning should be denied due to the impact it would have on surrounding homes. Mr. Pugh said that the HE District does not have regulations regarding the amount of woodland that can be destroyed. He said that the minimal woodlands between I -81 and College Park served as a traffic noise buffer and he and other College Park residents did not want it destroyed. Mr. Pugh also noted that the height 2909 - 5 - limit for buildings in the HE District was 45' and he was opposed to any buildings of this height in the vicinity of his home. The Commission felt that HE zoning would have less impact on the residents of College Park than an RP zoning. They also felt that the concerns raised regarding entrances and buffers could be addressed at the site plan stage. A motion was made by Mr. Wilson and seconded by Mr. McDonald to approve the rezoning. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application 4008 -89 of Shenandoah College S Conservatory of Music to rezone 25.925 acres from RP (Residential Performance) to HE -1 (Higher Education). This property is located east of I -81, across from the main campus, and north of US Route 50, in the Shawnee District. The vote on this rezoning was: YES (TO APPROVE): Marker, Copenhaver, McDonald, Sherwood, Golladay, DeHaven, Wilson, Rinker ABSTAIN: Romine Conditional Use Permit $004 -89 of William E. Gill for a cottage occupation/ heating and air conditioning business in the Gainesboro District. Action - Tabled Until End of Meeting (applicant not present) Mr. Wilson abstained from discussion and vote, due to a possible conflict of interest. The staff noted that Mr. Gill has been operating a heating /air conditioning business out of his home for some time. It was noted that a number of complaints were:'received which were investigated, resulting in this application for a conditional use permit. No one was present to represent the applicant. A motion was made by Mr. McDonald, seconded by Mr. Rinker and unanimously passed to table consideration until the end of the meeting, in the hope that Mr. Gill or his representative would arrive. Conditional Use Permit 1007 -89 of Perry Engineering Company, Inc. for an open mine shale pit (Grove Shale Pit) in the Shawnee District. Action - Approved Mr. Wilson abstained from discussion and vote due to a possible 2910 - 6 - conflict of interest. Mr. Richard Funk was present to represent Perry Engineering. Mr. Funk said that the property belongs to Grove and Perry Engineering will be doing the mining. Chairman Golladay stated that a permit would need to be obtained by the applicant from the Bureau of Mines, after the conditional use permit was approved. Upon motion made by Mr. Romine and seconded by Mr. Rinker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #007 -89 of Perry Engineering Company, Inc. for an open mine shale pit on the west side of VA. Route 655, approximately three miles north of US Route 50, in the Shawnee District, 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. Any new entrances onto public roads shall meet the Virginia Department of Transportation's requirements. 4. The EM site plan shall be reviewed and approved administratively by the staff. The vote on this conditional use permit was: YES (TO APPROVE): Marker, Copenhaver, McDonald, Sherwood, Golladay, DeHaven, Romine, Rinker ABSTAIN: Wilson Conditional Use Permit $008 -89 of Health Equity Resources of Winchester for conditional use of a dwelling (Cottage B) and an addition to the existing personal care home, located in the Stonewall District. Action - Approved Mrs. Copenhaver abstained from discussion and vote due to a possible'" conflict of interest. Mr. John E. Wetsel, Jr., attorney, was present to represent Health Equity Resources of Winchester, the owners of the VanGilder's Care Center. Mr. Wetsel said that the current operation consists of a 5,000 square foot H- shaped structure with 28 residents plus a small cottage (Cottage A) with 2911 } - 7 - seven residents. He said that this is an adult care facility with ambulatory and semi - ambulatory older adults. Mr. Wetsel said that the planned expansion consists of two phases: The first phase would be to renovate Cottage B, consisting of 1,300 square feet, and phase two would consist of the construction of a 7,474 square foot addition to the rear of the existing care facility. He said that this will allow them to expand their residency from 35 adults to 74 adults. Mr. Wetsel also requested that the Commission consider amending the conditions on the permit so that the permit would not have to be renewed annually and if the ownership of the property changed, a new permit would not be required. Mr. Wetsel made this request in light of the large amount of money invested for the expansion. The Commission was concerned that the drainage problem in the area would not be compounded by the expansion. It was noted by the staff that the site plan would be reviewed by the county's engineer. Upon motion made by Mr. DeHaven and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #008 -89 of Health Equity Resources of Winchester for conditional use of a dwelling (Cottage B) and an addition to the existing personal care home. This property is located at 1011 and 1025 Pennsylvania Avenue in the Stonewall District. The following conditions will apply: 1. This is a one -year permit to be reviewed annually by the staff, the Planning Commission and the Board of Supervisors. 2. If the use or occupancy of the property changes, this permit shall expire and a new conditional use permit will be required. 3. Any proposed construction or alteration of the existing or proposed structures will be approved through site plan review. 4. Any proposed change to the existing entrance or addition of any new entrances must be approved by the Virginia Department of Transportation. 5. No adverse impacts on drainage. The Commissioners voted as follows: YES (TO APPROVE): Marker, McDonald, Sherwood, Golladay, DeHaven, Wilson, Romine, Rinker ABSTAIN: Copenhaver Conditional Use Permit $009 -89 of Fryes Mobile Homes for storage and sales of mobile homes in the Back Creek District. 2912 Action - Denied A letter of opposition was presented from Mr. and Mrs. Paul D. Campbell. Upon motion by Mrs. Copenhaver and second by Mr. Romine, the letter was made a part of the record as follows: June 6, 1989 County of Frederick Department of Planning 6 Development 9 Court Square Winchester, Virginia 22601 ATTN: Mr. Robert W. Watkins Dear Mr. Watkins: I wanted to take this opportunity and go on record opposing the application made by Frye's Mobile Homes. This would be your Conditional Use Permit Application #009 -89 for: storage and sales of mobile homes. The above referenced company has been parking these mobile homes on the property described in your letter for over a month. It is pretty disheartening to have 70 foot mobile homes backed up to your front door after you have just finished 30 years of mortgage payments. If the past month is any indication of the care and responsibility to be displayed by Frye's, it would be very unfortunate for Planning and Development to approve this permit. The following is just a brief list of complaints regarding this permit request: 1) We have already seen decay in the maintenance of the property in question. 2) The equipment has constantly been parked and moved onto state property. 3) The equipment has not been properly secured at night, which leaves assorted problems (ie, prowlers, teenagers, etc.). We will secure additional and reasonable responses to this application request. Please be assured that our willingness to delay and overturn Permit #009 -89 will not go away. After all, we have 30 years of our life in this decision. Sincerely, /s /Mr. & Mrs. Paul D. Campbell Route 3, Box 317 Winchester, Virginia 22601 Mr. Carl Frye, the applicant, was present to answer questions from 2913 - 9 - the Commission. Mr. Stiles noted that he and the staff had received numerous complaints involving Mr. Frye's business. Mrs. Clinton L. Ritter, adjacent property owner, asked why this was the first time she ever received a notification for a business operating at this location. Mr. Stiles noted that storage of mobile homes was not a permitted use in the B -2 zone without a conditional use permit. Mrs. Sandra Fike, resident of Plainfield Heights, was opposed to the conditional use permit because: 1) the mobile homes being stored are in disrepair and give the appearance of a junk yard; 2) she has seen vermin in the area; 3) teenagers have parties inside the unsecured mobile homes; 4) the unsecured mobile homes create a fire hazard; 5) the unsightly appearance of Mr. Frye's property has devalued the surrounding residences. Mr. Kevin Fike added to his wife's statments by saying that the neighbors do not like the condition that the property has been kept in. He also noted that the mobile homes are parked right against the street that they drive on to their home. Mr. Steve Carroll, area resident, was opposed to the conditional use permit for all the reasons previously mentioned. Mr. Cecil Roe, resident of Plainfield Heights, also noted that the mobile homes being stored were unsecured. Mrs. Martha Lantz, resident of Plainfield Heights, said that she is a realtor and the homes in Plainfield do not sell for what they are worth because of the unsightly appearance of Mr. Frye's lot. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny Conditional Use Permit #009 -89 of Frye's Mobile Homes for sales and storage of mobile homes in Plainfield Heights on Route 11 in Back Creek District. Conditional Use Permit $004 -89 of William E. Gill for a Cottage Occupation for a heating and air conditioning business in the Gainesboro District. Action - Tabled Chairman Golladay called for the applicant or his representative, but no one was present to represent Mr. Gill. Chairman Golladay also called for public comment, but no one came forward to speak. Upon motion made by Mr. McDonald and seconded by Mr. Rinker, 2914 - 10 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Conditional Use Permit #004 -89 of William E. Gill for a Cottage Occupation until June 21, 1989, due to lack of representation by the applicant. An amendment to the Frederick County Code to allow churches in the B -1 District Action - Approved Mr. Malcolm Van de Riet, Pastor, came forward to speak in favor of the amendment. Mr. Van de Riet said that his church purchased B -1 property and would like to be able to build a church. Upon motion made by Mr. Rinker and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article X, B -1 (Neighborhood Business) District, Section 10 -2, Use Regulations, to add the following: 10 -2 -11 Churches. Cancellation of Conditional Use Permit #019 -87 of Jane G. Sullivan. Action - Cancelled Mr. Wilson abstained from discussion and vote, due to a possible conflict of interest. It was noted that at the April 19, 1989 meeting of the Planning Commission, that cancellation of the Sullivan permit would be tabled until the June 20, 1989 Board of Zoning Appeals meeting. The application deadline for the Board of Zoning Appeals meeting was May 26, 1989 and the Planning Department had not received a completed application; therefore, staff recommended cancellation of the Sullivan permit. Upon motion made by Mr. Romine and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby cancel Conditional Use Permit #019 -87 of Jane G. Sullivan for a public garage on the south side of Route 645, approximately 3/8 mile from Route 50 Fast, in the Shawnee District. The vote for cancellation was unanimous with Mr. Wilson abstaining. CATION DISCUSSION ON VALLEY MILL VILLAGE 2915 - 11 - Mr. Swagler Koontz was present for a preapplication conference to discuss a revision to his master development plan for eight townhouse units on Valley Mill Road. Mr. Koontz said that they now have a contract to purchase the adjoining property, subject to his being able to add more units to the existing eight -unit project. Mr. Koontz said that they are considering 13 units on the property, consisting of approximately two acres. He said that the adjacent property will not be built on, as it is in the buffer zone. The Commissioners felt that the project should not be built any closer to the homes in Ash Hollow subdivision. They felt that some type of landscaping or screening needed to be placed between the cul -de -sac and the Ash Hollow property line to prevent automobile headlights from annoying residents in Ash Hollow. The Commissioners also discussed buffering, entrances and other impacts with Mr. Koontz. INTRODUCTION OF PAUL BERNARD, COUNTY ENGINEER Mr. Watkins introduced Mr. Paul Bernard, with the firm of Harris, Smariga, Orsillo, Inc., the engineer hired by the county to review plans. UPDATE ON WHEATLANDS PROJECT date. Mr. Stiles updated the Commission on the Wheatlands discussions to ADJOURNMENT No other business remained to be discussed and the meeting adjourned at 9:50 p.m. Respectfully submitted, J mes W. Golla ay, Jr., airman Robert W. Watkins, Secretary 2916