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PC_06-04-86_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 June 4, 1986. PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice — Chairman; George L. Romine; Marjorie H. Copenhaver; Kenneth Y. Stiles; A. Lynn Myers; Carl M. McDonald; S. Blaine Wilson; Manuel C. DeHaven; Robert W. Watkins, Secretary; Stephen M. Gyurisin, 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 May 21, 1986. Upon motion made by Mr. Romine and seconded by Mr. Golladay, the minutes were unanimously approved as presented. BIMONTHLY REPORT Mr. Watkins reported that Rezoning Request #005 -86 of Elizabeth H. Settle and Rhoda S. Pidgeon has been withdrawn. The staff and Commission then discussed pending applications. SUBDIVISIONS Request by Lenoir City Company of Virginia to subdivide one five —acre lot in the Stonewall Industrial Park. Action — Approved Mr. Watkins stated that this request meets all applicable subdivision requirements. Mr. Thomas Gilpin, with Lenoir City Company of Virginia; was present to answer questions. Mr. Golladay inquired if this subdivided lot would fit into the overall drainage plan for this area and Mr. Gilpin replied that it would. Mr. Gilpin added that this particular subdivision has a 20' drainage 2229 MAW easement surrounding it. Upon motion made by Mr. DeHaven, seconded by Mr. Romine, BE IT RESOLVED, That the the Frederick County Planning Commission does hereby unanimously approve the request by Lenoir City Company of Virginia to subdivide one five -acre lot in the Stonewall Industrial Park, Stonewall Magisterial District. Request by Parkwood Manor to subdivide ten single- family cluster lots in the Shawnee Magisterial District. Action - Approved Chairman Brumback relinquished the chair to Vice - Chairman Golladay for this particular item. Chairman Brumback said that although he does not have any interest in this subdivision, he would not vote or be involved in discussion because it might be perceived as a conflict of interest. Mr. Watkins noted that this subdivision plat is in conformance with the approved Master Development Plan. He said that a hydrant and all VDH &T comments have been included in the plan. Mr. Ronald Ward, owner and developer, stated that all requirements by the Fire Company, Highway Department, and Planning and Zoning have been met. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the subdivision of ten single - family cluster lots in Parkwood Manor, located on the north side of Route 657, in the Shawnee Magisterial District. The vote on this application was as follows: YES: Mrs. Copenhaver and Messrs. McDonald, Myers, Golladay, DeHaven, Wilson, Romine ABSTAIN: Mr. Brumback SITE PLANS Site Plan #008 -86 of Skyline Oil for a 130' X 175' industrial building with a 25' X 90' office area and parking and site improvements. Action - Approved Mr. Wilson said that he would abstain from discussion and vote on 2230 — 3 — this site plan, due to a remote possible conflict of interest. Mr. Watkins said that in addition to the building and office area, there will be 74 additional parking places. Mr. Watkins said that a detention basin /fire protection reservoir for on —site storage of water for fire fighting needs has been located on the plan. Mr. Watkinslnoted that the property is surrounded by a chain —link fence and emergencyl access gates are currently located in the rear. Mr. Watkins said that the staff is requesting that gates also be located along the north fence line for this new addition. Mr. Golladay asked if the pond would supply sufficient amounts of water in case of a fire. Mr. Gyurisin explained that the County Fire Codes only address areas with a public water supply and there are no specific codes for those areas which do not have a public water supply. Mr. Gyurisin said that Robert Tullius, applicant, Walter Cunningham, Greenwood Fire Company Chief, and the staff met and decided upon this method for fire fighting needs at this site. Col. Myers inquired about the Inspection Department's requirement of a sprinkler system for the building. Mr. Gyurisin said that if the building is in excess of 12,000', it must either be sprinkled or be divided by fire walls. Mr. Robert Tullius, applicant, said that the building is 18,000 square feet and will be divided by a two —hour fire wall into two 9,000 square foot sections. In regard to the water supply in the pond, Mr. Tullius said that this site is a natural wet spot and has a natural swale. He felt the pond would be kept full naturally; but if not, the current well production is about 100 gpm and they could supplement or refill the pond by running the well at night or at times when the buildings were not in use. Upon motion made by Mr. Romine and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan 11008 -86 of Skyline Oil for a 130' X 175' industrial building with a 25' X 90' office area, parking, and site improvements at the intersection of Route 50 East and Victory Lane in the Shawnee Magisterial District. I The vote on this site plan was as follows: YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers,lBrumback, Golladay, DeHaven, Romine ABSTAIN: Mr. Wilson Site Plan 11010 -86 of Howard Shockey 5 Sons, Inc. (Stowe— Woodward) for a 65' X 72' addition to a manufacturing facility. Action — Approved Mr. Watkins said that all applicable zoning codes have been met and 2231 - 4 - a location for a fire hydrant on the property has been agreed on. Noting Middletown Fire Company's comments stating that existing hydrants are not adequately located to serve this site, Mr. Golladay asked where the existing hydrants were. Mr. Gyurisin replied that the existing hydrants were on adjoining private property, behind a 10' chain -link fence. Mr. David McClure, Architect, said that a fire lane has been added where the new hydrant is shown on the plan and the new building is totally sprinkled. He said that the exterior of the new addition blends in with the existing building. Mr. McClure added that there will be no new employees. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #010 -86 of Howard Shockey & Sons, Inc. (Stowe - Woodward) for a 65' X 72' addition to the existing manufacturing facility located between Route 11 South and Interstate 81 in the Opequon Magisterial District. Site Plan 11013 -86 of 220 Seafood Restaurant for a restaurant addition and parking. Action - Approved Mr. Watkins said the proposed addition and parking area met all appropriate zoning and off- street parking requirements. Mr. Watkins added that Fire Codes have been adequately met. Chairman Brumback asked for the size of the new addition and Mr. Watkins replied that it will be 13,042 square feet. Col. Myers inquired as to why the road at the rear of the property had not been accepted into the State's highway system. Mr. Gyurisin said that this road was reviewed by the County's road committee four years ago, but the Highway Department required a certain width right- of-way, drainage, and improvements. Mr. Gyurisin said that those requirements Have not yet been accomplished. Mr. Gyurisin added that all of the properties in that area are under the same ownership and belong to the families of the people who own the 220 Seafood Restaurant. Mr. David Ganse was present to represent the applicant. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan 11013 -86 of 220 Seafood Restaurant for a restaurant addition and parking off Route 7 East at 1 Colonial Heights in the Stonewall Magisterial District. 2232 - 5 - PUBLIC HEARINGS Rezoning Request #010 -86 of C. Douglas Adams and Fern L. Adams to rezone 257.461 acres from A -2 (Agricultural General) to M -1 (Industrial Limited). Action - Tabled Mr. Watkins said that it was the staff's recommendation not to establish new large areas of industrial land where public sewer and water facilities are not guaranteed. Mr. Watkins said that the County has applied for a state grant and has solicited private and local funding for sewer and water improvements for existing residents and commercial sites in this area; however, this grant has not yet been awarded to the County and final plans for the sewer and water system have not been completed. Mr. Watkins recommended that the Planning Commission table this rezoning until sewer and water plans were finalized or until 90 days have elapsed. Mr. Robert T. Mitchell, Jr., attorney representing Mr. and Mrs. Adams, stated that they are willing to go along with the tabling of this application in order for the County to finalize sewer and water plans for this area. Mr. C. Douglas Adams, owner of the property, said that Mr. Charles Maddox, with Gilbert W. Clifford & Associates, and he are studying the entrances and are concerned about the narrow stretch along Route 522. Mr. Adams said that he wanted to provide quality sites in this industrial park and the access will have to be good. Mr. William Wright, resident in the Route 522 South area, came forward to speak in favor of rezoning this land for an industrial park. Mr. Wright felt that the County needed to expand its industrial base to keep personal taxes down. He also felt that additional residential development would not fit in with the existing airport and race track. Mr. Wright also felt that the industrial area would increase his property value. Mr. Warren G. Testes, adjoining property owner, came forward to speak in opposition to this application. Mr. Testes was opposed because he felt there was a sufficient number of industrial sites already available for industrial use; he felt the distinction between the M -1 Zoning and M -2 Zoning was vague; he felt the proximity to the airport was not a factor for industrial prospects in this day and time; he felt Bufflick road would be unsafe for industrial traffic because of its narrowness, small shoulders, and turns; and he felt that residential property values would suffer. Mr. Testes reported that many of the people in the area who were in opposition to this application were present and Mr. Testes asked them to stand. (Approximately 15 -20 people stood up.) Mr. Michael Luby, resident of Bufflick Heights, was opposed to the rezoning because it would disturb the peace and quiet of the neighborhood. 2233 — 6 — Mr. Leonard J. Greathouse, adjoining property owner, was opposed because he felt it would increase the traffic and create noise and disturbance on a daily basis. Mr. Howard Sharp, resident on Route 522 South, came forward to speak in opposition. Mr. Sharp requested that buffers be used to insulate the residents from the industrial sites. Mr. Sharp said that there are people in the area who believe that if the industrial park is established, then they will get water and sewer. Mrs. Gloria M. Collins, adjoining property owner, was opposed to the rezoning because she felt the increased traffic would be a problem, especially because of the narrowness of Bufflick Road. She also requested that if this rezoning is approved, that a public hearing be held for each of the industries requesting to occupy a site in the industrial park. Mrs. Lennie Mather was concerned that the rezoning of this property would set a precedent for other industrial rezonings in the area. At this time, Mr. Watkins explained the procedure that the applicant would have to follow regarding submitting site plans for each industrial site in the park. Mr. Watkins next read the buffering and screening requirements between industrial and residential zones from the ordinance. Mr. Stiles explained that the ordinance is written in such a way that it gives the Planning Commission and Board of Supervisors tremendous leeway in determining what buffering is necessary to protect adjoining property owners. Mr. Stiles stated that they could require screening so that industries would not be visible from adjoining residential areas; they could require screening in such a way to eliminate noise; and they could require fencing along the property line to protect the property of individuals who live nearby. Mr. Richard Orndoff, resident on Bufflick Road, said that Bufflick Road continues to get the bulk of the traffic from the airport and the race track. Mr. Orndoff was opposed to this rezoning until the traffic problems could be addressed and cleared —up. Mr. James McKinnon, resident of Bufflick Heights, was (posed to the rezoning. Mr. McKinnon was concerned that the expansion that the airport has planned for its runway would encroach upon Route 522 South: and would eliminate one of the accesses planned for this proposal. Mr. Gyurisin said that the Airport Commission will soon be updating their Master Plan and they will need to bring that before the Planning Commission for review. Mrs. Louise McKinley, resident of Bufflick Heights, was opposed because of air pollution, fumes, and /or chemicals that might be discharged from the industries. Mr. Mitchell was next given an opportunity for rebuttal and pointed out that any locality that wants to attract quality industrial growth to 2234 — 7 — assist its tax base must be able to offer, a variety of sites. He said that although there are some industrial sites available, that does not provide a basis to deny applications for appropriate land to be rezoned to industrial until all of the alternate sites are used up. Mr. Mitchell said that they are not attempting to attract heavy manufacturing to this site. He also explained that proximity to an airport is important to certain types of industrial uses and users, particularly office industrial and 'research and development industries. Mr. Mitchell added that in regards to the statements that this application is being used by the applicant or the County to acquire water and sewer to the area is not correct. Mr. Mitchell concluded by saying that industrial use in this area is consistent with the Comprehensive Plan, it is consistent with existing uses in the area, and it would assist the County's tax base. Mr. Adams said that his proposal is for high— quality development for industrial and office uses, such as corporate offices, research and development, and businesses to facilitate the airport. Mr. Adams felt this was a beautiful and high — quality site. He also felt the area was high— quality because of the proximity of the airport. Mr. Adams added that if attractive business is brought in initially, it will attract other quality businesses. Mr. Adams concluded that these quality businesses will create jobs and increase the tax base. Mr. Stiles explained that this application is in no way tied with the need to provide water and sewer service to the residential area. Mr. Stiles said that the industrial areas are not required by ordinance to have water and sewer service to them. Mr. Stiles then moved to table this application until additional information is available on the water and sewer service or until 90 days. Mr. Stiles also included in this motion that all the adjoining property owners be notified again as to when this application will be brought before the Commission and that the property owners again be given the opportunity to address the Commission in a public hearing. This motion was seconded by Col. Myers. Mr. Romine stated that having had past business experience and being currently involved in economic development, he felt the airport was one of the greatest economic tools of our community. Mr. Romine said this will give our community a potential site where research groups can t establish themselves and these types of industries are indeed attracted Ito airport areas. Mr. Romine said that industrial development will improve the tax base and he also felt it would not affect property values in any way. BE IT RESOLVED, That the Frederick County Planning Commission (does hereby table Rezoning Application 11010 -86 of C. Douglas and Fern L. Adams to rezone 257.461 acres from A -2 (Agricultural General) to M -1 (Industrial Limited) until more information is available regarding water and sewer or until the meeting prior to the end of a 90 —day period. BE IT FURTHER RESOLVED, That all adjoining property owners will be notified of this public hearing and will be given the opportunity to speak. The vote for this action was as follows: 2235 YES: Mrs. Copenhaver and Messrs. McDonald, Myers, Stiles, Brumback, Golladay, DeHaven, Wilson NO: Mr. Romine Rezoning Application #008 -86 of Joseph Lizer to rezone 2.63 acres from A -2 (Agriculture General) to B -2 (Business General) Action — Approved Mr. Joseph Lizer, applicant, stated that he explained to his neighbors what he planned to do with the property and they had no objections. Mr. Stiles asked Mr. Lizer if he owned the property. Mr. Lizer said that Valley Proteins currently owns the property, but he is under contract to purchase. Mrs. Copenhaver asked if the existing home would be occupied. Mr. Lizer replied that he planned to remodel and live in the home and operate the market next door. Upon motion made by Col. Myers and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #008 -86 of Joseph Lizer to rezone 2.63 acres from A -2 (Agricultural General) to B -2 (Business General). This property is located at the intersection of Routes 522 North and 679 in the Gainesboro Magisterial District. Rezoning Request #009 -86 of Frederick Investment Group to rezone 1.08 acres from A -2 (Agricultural General) to M -1 (Industrial Limited). Action — Approved Mr. DeHaven said that he would not participate in any discussion or vote on this rezoning because of a possible conflict of interest. Mr. George Glass, representing Frederick Investment Group, said that Frederick Investment Company bought the property in 1980 and Teased it first to VANSCO and then the Vernon Stupp Company. Mr. Glass explained that Mr. George P. Rollison is now interested in purchasing the property for Rollison's Woodworking Shop. Mr. Glass further explained that the Rollisons would be closing their shop in Leesburg and relocating in Frederick County. He said this is a father and son firm and they will have four employees, including themselves. Mr. Glass added that the building is sprinkled and there is a fire hydrant nearby. Mr. Watkins noted that since this is a change in use, the applicant 2236 — 9 — will have to submit a site plan. Upon motion made by Mr. Stiles and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #009 -86 of Frederick Investment Group to rezone 1.08 acres from A -2 (Agricultural General) to M -1 (Industrial Limited), located on Route 672 in Clearbrook, in the Stonewall Magisterial District. The vote on this application was: YES: Mrs. Copenhaver and Messrs. McDonald, Myers, Stiles, Brumback, Golladay, Wilson, Romine ABSTAIN: Mr. DeHaven Conditional Use Permit #004 -86 of Ronald W. Mowbray to re— establish a nonconforming mobile home use. Action — Approved Mr. Watkins said that this conditional use permit will be for a mobile home and a dwelling on the same lot. Mr. Herbert Sluder, Sanitarian with the Frederick Winchester Health Department, said that there has been problems with this system in the past, although it is working at the present time. He said that if problems occur in the future, there is no suitable soil to repair the system. Mr. Sluder said that the mobile home would have to be removed at the first sign of malfunction. Mr. Ronald W. Mowbray, applicant, said that he understood the Health Department requirements. Mr. Stiles moved to add the condition that if the septic system malfunctions, the mobile home would be removed from the lot. IThis motion was seconded by Mr. Golladay and passed unanimously. Upon motion made by Mr. Wilson and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #004 -86 of Ronald W. Mowbray to re —establish a nonconforming mobile home use on Route 642 in the Shawnee Magisterial District with the following conditions: 1. This will be a one—year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the septic system malfunctions, the mobile home will be removed from the property. 2237 — 10 — Conditional Use Permit 11005 -86 of Orville L. Comer for a Cottage Occupation /Excavation Business. Action — Approved Mr. Gyurisin said that Mr. Comer proposes to construct a 60' X 60' accessory building. Mr. Wilson asked at what point was the correct time to require the screening. Mr. Gyurisin said that if it is determined that screening is necessary, then it could be required during the one —year renewal of the permit. Mr. Orville L. Comer, applicant, said that he needed the garage to work on his equipment he uses in his excavation business. He said that he will be replacing the existing garage because it is too small. Mr. Comer added that he will live in the existing farm house. Chairman Brumback asked if Mr. Comer owned both of the adjoining lots pictured on the plat. Mr. Comer replied that he did. Upon motion made by Mr. Wilson and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit 11005 -86 of Orville L. Comer for a Cottage Occupation /Excavation Business located on Route 522 South at Armel in the Shawnee Magisterial District with the following conditions: 1. This will be a one —year permit to be reviewed and renewed annually by the staff, 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. i 3. On —site parking shall be provided. 4. When appropriate, screening for outside storage of materials in conjunction with the Cottage Occupation shall be provided. REQUEST FOR PUBLIC USE DEDICATION IN AN RP (RESIDENTIAL PERFORMANCE) ZONE Mr. Gyurisin stated that this is not a public hearing item and will not require action by the Planning Commission. Mr. Gyurisin stated that the staff has recently received a request from Mr. David Holliday asking that a portion of the Lakeside Estates open space, designated on the approved Master Development Plan, be reviewed for public use dedication. Mr. Gyurisin said that the area consists of approximately 38 acres with a lake and fronts primarily on Route 642. Mr. Gyurisin next outlined the 2238 — 11 — procedure for processing a request such as this. He added that the staff anticipates that this item would come before the Planning Commission on June 18, 1986. The Commission and staff next generally discussed this procedure and the implications of converting this area to public use. Mr. David Holliday, developer of Lakeside, read a letter from himself to the Commission. Motion was made by Mr. Stiles and seconded by Mr. Golladay to make the letter a part of the official record, as follows: 2239 - 12 - AKESIDE Q STATES Y LAKESIDE DEVELOPMENT COMPANY P.O. BOX 3276 WINCHESTER, VIRGINIA 22601 June 2, 1986 Dear Chairman Stiles and Members of the Board of Supervisors: Regrettably, I have learned that I have caused concerns which were raised in the minds of certain people without my having intended that result. Let me explain. A few weeks ago, on learning that the`fiederick County School Board might have an interest in locating a ".school in the Lakeside area, I discussed the matter with Dr. Walker. As-a result of those conversations and with the belief that the community as a whole, not just Lakeside, would benefit by having a public school in that neighborhood, I began thinking about giving the property to the School Board. The Residential Performance District Ordinance requirements, specifically Section 5- 8 -2.1, permit such land to be dedicated for public use. I was unaware then that anyone would regard our failure to come) before the Planning Commission and the Board until today as being irregular. To the extent that it is seen in that light, I am now Proceeding to correct that situation. I thought all along I was acting within the guidelines of the Ordinance and never intended to do otherwise. ncerely yours, David. Holliday, Secretary Lakeside Development Company CC' Dr. Kenneth Walker Ben Butler, Esquire Pete Johnston, Esquire Mr. Steve Gyurisin, Frederick County Planning Director Mr. Frank Brumback, Chairman, Frederick County Planning Commission 2240 — 13 — There next ensued a discussion on the ownership of this property. Mr. Stiles requested that the Planning Commission ask the County's legal counsel to make an independent search of the title. Mr. Stiles also requested that the School Board have their counsel do the same. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, Frank H. Br mback, Chairman Robert W. Watkins, Secretary 2241