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PC_01-08-86_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room in the Old Court House, 9 Court Square, Winchester, Virginia, on January 8, 1986. PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr., Vice - Chairman; Manuel C. DeHaven; George L. Romine; Carl M. McDonald; Marjorie H. Copenhaver; S. Blaine Wilson; Kenneth Y. Stiles; John R. Riley, Jr., Acting Secretary; Robert W. Watkins, Director. ABSENT: Col. Lynn Myers CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. INTRODUCTION OF NEW DIRECTOR OF PLANNING AND DEVELOPMENT Chairman Brumback introduced the new Director of the Department of Planning and Development, Mr. Robert W. Watkins, and welcomed him to Frederick County. ELECTION OF OFFICERS ACTION - Election of Frank Brumback, Chairman Incumbent Chairman Brumback declared nominations open for Chairman. The nomination of Frank Brumback was made by Mr. Golladay and seconded by Mr. Wilson. Motion was made by Mr. McDonald and seconded by Mr. Romine to close nominations. Upon motion made by Mr. Romine, seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the election of Frank Brumback as the Chairman of the Frederick County Planning Commission for 1986. ACTION - Election of James Golladay, Vice - Chairman Chairman Brumback declared nominations open for Vice - Chairman. The nomination of James Golladay was made by Mr. McDonald and seconded by Mr. DeHaven. Motion was made by Mr. Romine and seconded by Mr. Wilson to close nominations. Upon motion made by Mr. McDonald, seconded by Mr. DeHaven, 2171 -2- BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the election of James Golladay as the Vice - Chairman of the Frederick County Planning Commission for 1986. ACTION - Election of Robert W. Watkins, Secretary Chairman Brumback declared nominations open for Secretary. The nomination of Robert W. Watkins was made by Mr. Golladay and seconded by Mr. Wilson. Motion was made by Mr. McDonald and seconded by Mr. Romine to close nominations. Upon motion made by Mr. Wilson, seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the election of Robert W. Watkins as the Secretary to the Frederick County Planning Commission for 1986. ACTION - Schedule of Planning Commission Meetings for 1986 Upon motion made by Mr. Golladay, seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree that the Planning Commission's regularly scheduled meetings will be held at 7:00 p.m. on the first Wednesday of each month and at 2:00 p.m. on the third Wednesday of each month in the Board of Supervisors' meeting room, Old Court House, 9 Court Square, Winchester, Virginia. BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby declare that public hearings shall be held on the first Planning Commission meeting of each month, beginning at 7:30 p.m., in the Board of Supervisors' Meeting Room, Old Court House, 9 Court Square, Winchester, Virginia. BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby declare that the Planning Commission's worksession, if necessary, will be held on the fourth Tuesday of each month at 7:00 p.m. in the Board of Supervisors' Meeting Room, Old Court House, 9 Court Square, Winchester, Virginia. MINUTES Upon motion made by Mr. Romine and seconded by Mr. Golladay, the minutes of November 6, 1985 were unanimously approved. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, the minutes of November 20, 1985 were unanimously approved. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, the minutes of November 26, 1985 were unanimously appproved. 2172 0910 BIMONTHLY AND MONTHLY REPORTS The Commission gave Mr. Riley authority to administratively approve Amended Site Plans for Blue Ridge Mobile Home Park and Shockey Realty Company. COMMITTEE REPORTS Economic Development Commission Mr. Romine, Director of the Economic Development Commission, reported that a new industry, Stanley Door Company, will be opening in the Winchester - Frederick County area. Rural Community Center Subcommittee Mr. Golladay, Chairman of the Rural Community Center Subcommittee, said that the Rural Community Center Subcommittee's recommendations will be in the Planning Commission's next agenda for possible action on January 22, 1986. Sanitation Authority Mrs. Copenhaver, liaison to the Sanitation Authority, said that the Sanitation Authority adopted a policy governing water and /or sewer connections, as follows: 2173 -4- POLICY GOVERNING CONNECTIONS: Mr. Jones presented a seven paragraph draft policy governing connections. He stated the policy had been drafted by the Authority's Attorney, Mr. Johnston, and himself. The policy does not link the reserving of capacity by the Authority to the building permit process, because of the difficulty of the Authority trying to track connections through that process. A discussion followed concerning the policy. The Board expressed concern about the County issuing building permits without the guarantee of capacity in the sewerage system. Mr. Jones stated he would insure the County was aware of our Policy and the concerns of the Board. The draft was changed to specify that exceptions will be considered for commercial and industrial connections and that existing guaranteed connections would be considered for extension of the 180 day period in the same manner as new connections. Mr. Carper made a motion that we adopt the Policy Governing Connections. Mr. Jobe seconded and the Board unanimously approved the following policy: 1. Owners (or their duly authorized representative) shall make application for water and /or sewer service in writing on forms provided by the Authority. Application(s) shall be accompanied by a deposit in cash or certified funds in an amount equal to one - half (1/2) the then service connection fees for the service requested. 2. Upon receipt of the application and deposit in proper form and determination that the requested capacity for service is available, the Authority shall approve the application, which approval shall have the effect of reserving such capacity for a period of 180 days following the date of approval. 3. Upon request for hook -up of service during the 180 day period upon payment of the unpaid balance of the connection fees in cash or certified funds, the Authority shall take the appropriate action to provide commencement of service. 4. Upon expiration of the 180 day period without hook -up of service having been requested, all rights of the owner granted under the original application and the deposit shall be forfeited unless, at the owner's request for extension, the Authority finds that the owner's delay is for good cause shown, in which event the 2174 -5- F.C.S.A. - Regular Meeting November 12, 1985 Page 3 Authority may extend the approval for an additional period not to exceed 90 days upon payment of the full balance due for connection fees. In cases where an extension is granted, service charges shall commence with the commencement of the extension period. Owner's failure to make timely payment of the service charges shall result in termination of the extension period with all payments of owner forfeited to the .Authority. 5. It is the general policy of the Authority that its capacity to provide water and sewer service be allocated and assigned on a first come first served basis. However, in the event that the known or anticipated public demand exceeds the Authority's capacity for any reason (including, but not limited to, a moratorium imposed by regulatory authorities), the Authority reserves the right to enforce such reasonable regulations as may be adopted from time to time to achieve fairness.' 6. With regard to any approvals for water and sewer service outstanding on the date of the adoption of this policy by the Authority, it is and shall be the policy of the Authority that all such approvals which have not resulted in service connections within 180 days shall be considered terminated subject to reinstatement under the terms of paragraph 4. 7. The Authority Board reserves the right to make exceptions to this policy in cases of commercial and industrial applications which will require a construction period in excess of six (6) months. POLICY REGARDING CONNECTIONS ISSUED UNDER LAKESIDE MORATORIUM: Mr. Jones presented a policy governing connections issued under the Lakeside moratorium. After a brief discussion, Mr. Jobe presented a resolution to adopt the policy. Mr. Borden seconded and the Board unanimously approved the following: WHEREAS, the State Water Control Board imposed a moratorium on the Lakeside Sewer System limiting connections to five per year. THEREFORE, the Frederick County Sanitation Authority hereby limits connections to one per applicant per week. Applications must be accompanied by proper deposit and may be filed with the Authority on or after November 18, 1985. No more than one application per applicant may be on file with the Authority in advance of the availability of the connection. The Authority shall hold such applications that are properly filed and approve upon the availability of connections in the order in which they were filed with the Authority. 2175 (Kenneth Stiles arrived at this point in the meeting.) RTTR DT.ANS Amended Site Plan /008 -81 of Winchester Warehousing for 100,000 square feet of additional dry storage. ACTION - Approved Mr. Riley said that because of changes in National Fruit's schedule, they needed more storage area than their original proposal of 30,000 square feet. Mr. Riley said that water is available; the building will be sprinkled and two hydrants need to be installed. Mr. Robert Solenberger, Treasurer of Winchester Warehousing, was present to answer questions. Mr. Stiles asked if this addition would utilize the same entrance and Mr. Riley replied that it would. Upon motion made by Mr. DeHaven, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Amended Site Plan #008 -81 of Winchester Warehousing for 100,000 square feet of additional dry storage on the east side of Smithfield Avenue in the Stonewall Magisterial District. The vote on this site plan was: YES: Messrs. Brumback, Golladay, DeHaven, Stiles, McDonald, Romine, and Mrs. Copenhaver ABSTAIN: Mr. Wilson Preliminary Master Development Plan #003 -85 of Tudor Square for 9.63 acres of residential development for townhouses and apartments. ACTION - Tabled Mr. Charles Maddox, Engineer with G. W. Clifford and Associates, represented this master plan. Mr. Stiles was concerned about traffic congestion at the proposed cul -de -sac due to the proximity of the Westminster- Canterbury entrance. Mr. Maddox said that the entrances would be adjacent with 20' -30' between curbs. Mr. Riley suggested that the Highway Department be contacted for their response to these entrances. 2176 -7- Mr. Golladay inquired about the water run -off from this site, coupled with the run -off from Westminster - Canterbury and the shopping center. Mr. Maddox said that although the run -off will be increased, they are proposing three detention locations to handle the run -off. Mr. Riley added that the Penn Central Railroad also provides a natural retention area. Mr. Riley said that water will be released gradually, but will flow for a longer period of time. Mr. Stiles moved that this plan be tabled for two weeks in order to give the applicant time to meet with the Highway Department on the entrances. This motion was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Preliminary Master Development Plan #003 -85 of Tudor Square until January 22, 1986. Preliminary Master Development Plan #004 -85 of Regency Lake Estates for the planned residential development of 600 mobile homes and 72 single family detached residential lots. ACTION - Approved Mr. Riley explained that the developer may not be able to move the gas and electric transmission lines running through the site and, therefore, may have to rearrange the layout somewhat. Mr. Riley said that the rearrangement will most likely not effect the density, lot layout, or roads, but will mean construction of two smaller lakes instead of one. Mr. Stiles recommended, as part of the Commission's approval on this plan, that the Highway Department be contacted to reduce the speed limit for this section of Route 7 to 45 m.p.h. Mr. Charles Maddox, Engineer of G. W. Clifford and Associates, was representing this application. Mr. Maddox also introduced Mr. Donald Fowler, part owner of the development. Mr. Maddox stated that the main loop road through the development will be state - maintained. The collector roads will be maintained by the developer. There next ensued a discussion on the buffers proposed by the developer. Mr. Stiles said he wanted to reserve the right to require more tree buffer, should it be necessary between this property and the Winchester Mall property. Mr. Stiles asked what the intent of the lake was. Mr. Maddox replied that it was available for controlled use for casual boating and fishing, but not swimming. Mr. Maddox noted that a community building would adjoin the lake. Mr. Stiles asked if there were any long term -plans for B -1 zoning or neighborhood business. Mr. Riley said this was not permitted in an RP District. Chairman Brumback asked if anyone in the audience wished to speak regarding this application, but no one came forward. 2177 Upon motion made by Mr. DeHaven, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Development Plan #004 -85 of Regency Lake Estates for 202.78 acres of planned residential development for 600 mobile homes and 72 single family residential building lots located at the end of Warner Lane, leading northeastward from Route 7, just east of the intersection of Route 7 and I -81 in the Stonewall Magisterial District. PUBLIC HEARINGS Rezoning Request #013 -85 of Dorset T. Russell to rezone 5 acres from M -1 (Industrial Limited) to M -2 (Industrial General) for resale purposes. ACTION - Tabled Mr. Riley announced that he received a letter from Mr. Russell requesting that the Planning Commission table his rezoning for 30 days. Mr. Riley said that there may be a problem with the setbacks required for an M -2 zone, which could make the property useless. Mr. Riley explained that for an M -2 zone, a 100' setback is required from an RP District and an Agricultural District. This would leave Mr. Russell 86 feet to work with. Mr. Joseph Boyd, adjoining property owner, said he did not understand why this parcel was ever zoned M -1 because it has dairy and agricultural activitv all around it. Chairman Brumback explained that during the County's Comprehensive Rezoning this parcel was zoned according to what was actually taking place on the property, which was a roofing business. Mr. Boyd did not wish to see this parcel zoned to a heavier industrial use. Upon motion made by Mr. Stiles, seconded by Mrs. Copenhavef, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Rezoning Request #013 -85 of Dorset T. Russell until the meeting of February 5, 1986. Rezoning Request #014 -85 of Ryland S. and Rebecca L. Carper to rezone 0.105 acres from RP (Residential Performance) to B -2 (Business General) for resale purposes. ACTION - Approved Mr. Ryland Carper, co -owner of the property, said that he has had negotiations with persons wishing to use the property as an antique shop and an accountant firm. Mr. Carper said that there was room for 12 parking spaces with access from Route 522 and Purcell Drive. There next ensued a discussion on how much business activity this part of Sunnyside could support. 2178 Mrs. Edna Evans, adjoining property owner, was concerned about the congestion that may be created on Purcell Drive by parking and vehicles turning around on a dead -end street. Mrs. Evans was also concerned that the rezoning would devalue her property. Mr. Richard Heisey, adjoining property owner and owner of the cabinet shop next door, was concerned about the possible congestion on the dead -end street. Mr. Heisey was also concerned about the narrowness of Purcell Drive and the traffic speed. Mr. Robert Howard, neighboring property owner, was concerned about traffic congestion, parking, and especially fire trucks getting through the street. The Commission next discussed with Mr. Carper some of the requirements for site plan submittal. Due to the small size of the property, the Commissioners were concerned that there would not be enough room for on -site parking, for cars to turn around on the site, and setbacks and screening for adjoining residential lots. Mr. Stiles moved to table this application for two weeks in order to allow time for Mr. Carper to review the site plan requirements with the staff to determine the feasibility of placing a business on this lot. This motion was seconded by Mr. Wilson and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Request #014 -85 of Ryland S. and Rebecca L. Carper until January 22, 1986. Rezoning Request #015 -85 of Winchester Rendering Company to rezone 5.207 acres from A -1 (Agricultural Limited) to M -2 (Industrial General). ACTION - Approved Mr. Kirby Brown, Vice - President of Finance for Winchester Rendering, was the representative for this application. Mr. Brown said they have two possibilities in mind for the rezoning. One would be the expansion of the administrative office building. The other alternative would be a truck maintenance facility for remanufacturing and repair of their own truck bodies. Mr. Brown said that this proposal was not connected with the rendering facility presently existing there. Upon motion made by Mr. McDonald, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request X6014 -85 of Winchester Rendering to rezone 5.207 acres from A -1 (Agricultural Limited) to M -2 (Industrial General) for an addition to the current office building and a separate truck maintenance facility located off Route 679 in the Gainesboro Magisterial District. 2179 -10- DISCUSSION OF SCHOOL BOARD ATHLETIC COMPLEX Mr. Riley stated that at the December Board of Supervisors' meeting, the Board allocated $422,000 in surplus funds, that the School Board turned in from last year, for outside physical education fields at the James Wood Ridge Campus. Mr. Riley said that this allocation met the desires of the Board of Supervisors and the C.I.P. Subcommittee. Mr. Riley next presented the site plan approved by the Board of Supervisors and Planning Commission in 1978. Mr. Stiles was concerned that the plans for the site had slightly changed from what was shown on the original site plan. Mr. Riley explained that conceptually, the layout is the same as the original plan. The Commission stated that any further changes to the plan must be administratively approved. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, Br� ra ha J R. Riley, Jr. ec 6 Ptary 2180