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HomeMy WebLinkAboutPC_11-05-86_Meeting_MinutesMINUTES OF THE MEETING 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 November 5, 1986. PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice — Chairman; Marjorie H. Copenhaver; Kenneth Y. Stiles; A. Lynn Myers; Carl M. McDonald; S. Blaine Wilson; George L. Romine; 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 October 15, 1986. Upon motion made by Col. Myers and seconded by Mr. McDonald, the minutes were unanimously approved as presented. BIMONTHLY REPORT Mr. Gyurisin stated that he had received a site plan from Z 6 M Sheet Metal, located on Lenoir Drive in the Stonewall Industrial Park, for a 14,000 square foot addition on the north side of the existing building with required parking. Chairman Brumback said that the staff could proceed with administrative approval of the plan. SUBDIVISION REQUESTS Subdivision request of the Snapp Land for the subdivision of one parcel into two lots in the Stonewall Magisterial District. Action — Approved Mrs. Betty V. Snapp, a partner in Snapp Apple Cart, came forward to represent this subdivision. Upon motion made by Mr. DeHaven and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Snapp Land subdivision for the division of one M. - 2 - parcel into two lots, located on the northside of Route 7, along the east side of the Regency Lake entrance, in the Stonewall Magisterial District. Final Subdivision Plat of Regency Heights for the subdivision of 72 single - family detached traditional lots with access right- of-way and open space in the Stonewall Magisterial District. Action - Approved Mr. Watkins stated that the Highway Department has approved a 25' radius for connections to Route 7. Charles E. Maddox, Jr., P.E., with G. W. Clifford and Associates, was present to represent the Regency Heights project. Mr. Maddox said that the details of the dam have been worked out and it is now just a matter of getting the signatures on the agreement. He said that the Highway Department's policy is to be sure that the dam is replaced, in the event of failure, at no cost to the Highway Department. Mr. Maddox said that the design features and calculations have been approved by the Highway Department. He explained that they could have gone below the dam and avoided this isssue, but they wanted to create a more aesthetic entrance. 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 Regency Heights for the subdivision of 72 single - family detached traditional lots with access right-of-way and open space. This property is located on the north side of Route 7, East of Winchester, in the Stonewall Magisterial District. Subdivision Request of Wakeland Manor, Section F, for the subdivision of 30 single - family lots with street, drainage, and sewer /water improvements in the Shawnee Magisterial District. Action - Approved Mr. Watkins said that this subdivision was originally submitted under the former R -3 residential zoning requirements and all subdivision and zoning standards under R -3 have been met. Mr. Watkins stated that these lots will be between 13,000- 26,000 square feet. Mr. Rex Wakeman, representing Wakeland Manor, was present to answer questions. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision request of Wakeland Manor, Section F, for 30 single- family lots with street, drainage, and sewer /water 2307 - 3 - improvements. This property is located on the northside of Route 642, just east of the Route 647 and 642 intersection, in the Shawnee Magisterial District. (Mr. Stiles arrived at this point of the meeting.) Subdivision Request of The Village at Lakeside, Section 4, for 36 single - family detached traditional lots with utilities, roads and open space in the Shawnee Magisterial District. Action - Approved Mr. Watkins stated that construction drawings have been adjusted according to the Highway Department and Sanitation Authority comments. Charles E. Maddox, Jr., P.E., with G. W. Clifford and Associates, was present to represent The Village at Lakeside. Mr. Maddox stated that the plans are drawn in accordance with the approved Master Development Plan. Mr. Golladay asked if there was sufficient sewer capacity for this section. Mr. Watkins stated that according to the Sanitation Authority's comments, sufficient capacity was available. Mr. Stiles suggested that the staff request that a count be submitted by the Sanitation Authority so the Commission could be certain that sewer and water capacity was available. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Subdivision Request of The Village at Lakeside, Section 4, for 36 single - family detached traditional lots with utilities, roads, and open space in the Shawnee Magisterial District. Site Plan #014 -86 of Glendobbin Hills, Section 3, for a 50 foot right -of�ay with drainage facilities in the Stonewall Magisterial District. Action - Approved Mr. Watkins said that all construction plans must be approved by the Highway Department. Mr. John Scully, owner of the property, stated that he proposes to build a state--maintained road to serve his platted, five -acre lots. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #Ot* - of Glendobbin Hills, Section 3, for a #Oaq-Sb a - 4 - 50 foot right -of -way with drainage facilities to be constructed to Virginia Department of Highways and Transportation requirements. This property is located on Route 739, approximately one mile from its intersection with Route 522 North, in the Stonewall Magisterial District. Site Plan #031 -86 of Baker Electric for an electrical contracting company in the Back Creek Magisterial District. Action - Approved Mr. Watkins commented that an on -site storm water detention facility will be provided for this site. Regarding the fire company comments, Mr. Watkins said that the applicant has met the requirements of Chapter 10 of the Fire Code. He said that the fire company is suggesting some additional items and the staff could arrange for a meeting with the applicant and fire company to discuss the fire company's suggestions. Mr. Bennie Baker was present to represent this site plan. Upon motion made by Mrs. Copenhaver and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan 11031 -86 of Baker Electric for a 60' X 120' building for an electrical contracting company. All Virginia Department of Highways and Transportation entrance standards must be met. This property is located on Route 11 South in the Back Creek Magisterial District. Site Plan 11033 -86 of Donald B. Wright Tire Company for a tire wholesale business and required site improvements in the Back Creek Magisterial District. Action - Approved Mr. Watkins stated that this proposal is for a one -story metal building with parking. Mr. Bruce Edens, with Greenway Engineering and Surveying Company, Inc., was the representative for this site plan. He explained that the use of the building would be for storage of industrial tires. Mr. Edens said that tire changing would be done at job sites and not at this location. The Commission was concerned whether or not the applicant planned to have outside tire storage. Mr. Stiles was concerned that entrances to lots along roads, such as this one, line up in order to prevent traffic hazards. Mr. Edens said that this entrance in particular lines up directly opposite the cul -de -sac. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, 2309 - 5 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #033 -86 of Donald B. Wright Tire Company for a tire wholesale business and required site improvements with the condition that there be no outside storage of tires. This property is located on the northeast side of the Route 277 and Route 647 intersection in the Opequon Magisterial District. PUBLIC HEARINGS Rezoning Request #018 -86 of Frall Developers, Inc. to rezone 1.310 acres from RP (Residential Performance) to B -2 (Business General) in the Stonewall Magisterial District. Action - Denied Mr. Stiles stated that due to a possible conflict of interest, he would not participate in any discussion or vote on this rezoning. Mr. Benjamin Butler, attorney representing Frall Developers, Inc., stated that the location of this property, on the west side of Route 11, is on a major artery and was a natural extension of business to come to that area. Mr. Butler said that there was some concern about northbound traffic trying to turn into this location. He said that the center of the High's entrance will be some 130' south of the northernmost point of the median strip. He said that anyone trying to cross over from the northbound lane would have to go over a concrete median strip. Mr. William Sandy, adjoining property owner, was opposed to rezoning. He felt a traffic hazard would be created if the property was rezoned to commercial. He was particularly opposed to having an establishment at this location that would be open 24 hours. Mr. Sandy also felt that a rezoning at this location would be spot zoning. Mr. Thomas Rissler, property owner 1/3 mile north of this location, was opposed to any commercial rezonings in this area. Mrs. Harold Johnson, adjoining property owner, was opposed to the rezoning because of the very hazardous traffic situation presently existing in this area. She added that there was already a convenience store in the area and another one was not needed. Mrs. Mary Taylor, property owner in the area, was opposed to the rezoning because of the traffic congestion presently existing and she felt that a commercial establishment here would make the traffic worse. Mrs. Anna McLaurin, adjoining property owner, was opposed to the rezoning because of the hazardous traffic situation that currently exists in this area. Mrs. Gerry Sandy was opposed to the rezoning for a High's store because of the number of High's stores and 7/11 stores already in the area. 2310 Mrs. Harriet Ways, adjoining property owner, felt that the traffic situation was already hazardous and was opposed to rezoning. Mr. Michael Moore, property owner in the area, felt that more commercial establishments would ruin the aesthetic appeal of the area and he was opposed to rezoning. Mrs. Ethel Kercheval, resident in the neighborhood, was opposed having this property rezoned from residential. She was also concerned about the traffic in the area. Mr. Golladay felt that the Highway Department needed to recognize the accumulative affect of rezoning as far as traffic was concerned. Mr. Golladay also felt that the intersection studies at Route 11/81/37 needed to be accomplished. Other members of the Commission also felt the traffic situation in this area was very serious and they were concerned about the number of entrances on this section of Route 11. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Application #018 -86 of Frall Developers, Inc. to rezone 1.310 acres from RP (Residential Performance) to B -2 (Business General) for a High's Dairy Store. This property is located approximatley 300 feet north of the I -81 Interchange at Stephenson, lying on the west side of Route 11, in the Stonewall Magisterial District. The vote on this application was as follows: YES (To Deny) Mrs. Copenhaver and Messrs. McDonald, Myers, Brumback, DeHaven, Wilson, Golladay NO: Mr. Romine ABSTAIN: Mr. Stiles Rezoning Application #019 -86 of John S. Scully, IV to rezone 131 acres from A -2 (Agricultural General) to RP (Residential Performance) in the Stonewall Magisterial District. Action — Approved Mr. Benjamin Butler, attorney representing Mr. John Scully, IV, owner of the property, came forward. Mr. Butler gave the following reasons why he felt this property was suited for residential development: 1) all adjacent properties are presently in residential use; 2) the property fronts on Apple Pie Ridge Road, which is a major collector route, and development could be handled by existing roads; 3) the land has not been used for farming purposes for a number of years; 4) all services for 2311 - 7 - residential development are currently in place; 5) the soil scientist has confirmed that the soils are well suited for septic systems; 6) there is currently a market for 150,000 square foot lots and the $150,000 and up price range would be comparable to existing houses in the area. Mrs. Patricia Scheder, adjoining property owner, was opposed to residential zoning because it would spoil the aesthetic appeal of the farmlands in the area. She asked the Commission to consider a 10 -acre lot minimum. Mrs. Scheder also felt that the traffic could be hazardous at times. Some of the commissioners felt that the way in which the applicant had chose to develop the land, with the state - maintained roads and size of the lots, would create a desirable development. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #019 -86 of John S. Scully, IV to rezone 131 acres from A -2 (Agricultural General) to RP (Residential Performance) for single - family residences. This property is located on Route 739, approximately one mile from its intersection with Route 522 North; and on the east side of Route 739, north of Fox.lair, west of Spring Valley, south and west of Glenside Subdivision, and on both sides of Route 673, in the Stonewall Magisterial District. Rezoning Request #020 -86 of Athey Trucking, Inc. to rezone 4.09 acres from RP (Residential Performance) to M -2 (Industrial General) in the Opequon Magisterial District. Action - Tabled for 90 Days Mr. Stiles stated that this particular property is the subject of litigation and a decision by the Commission or Board may have an impact on. that litigation. Mr. Stiles felt it may be advisable to table this rezoning pending the outcome of the litigation. Mr. Joseph Massie, attorney representing the Athey Trucking Company, Mr. and Mrs. Athey, and their son, Joseph W. Athey, Jr., gave a brief history and description of the trucking operation at this location. Mr. Massie said that Mr. Athey has been in operation at this location since 1954, before there were any zoning laws in Frederick County. He said that Mr. Athey's business started at his home, has grown, and at the present time, he employs about 14 people, has ten tractors and about 36 trailers. Mr. Massie said that Mr. Athey has a building for repair of his trucks and has more recently constructed an office building. Mr. Massie said that this operation is currently classified as a nonconforming use and Mr. Athey would like to have the property rezoned to reflect the existing use. In reply to a Commissioner's concern on why Mr. Athey chose to rezone to M -2 instead of M -1, Mr. Massie said that this was a recommendation by someone at the Planning office, but the M -1 Zoning would certainly be satisfactory. 2312 - 8 - Mr. Bill Tysinger, attorney representing James Bowman, said that Mr. Bowman owns land to the north, to the west, and to the south, across Route 277, from the land under consideration for rezoning. The Nottoway Subdivision, being developed by Mr. Bowman, surrounds this land on the north and the west. Bowman Trucking Company is located almost directly across the road from a portion of the proposed rezoning and Mr. and Mrs. Bowman live a short distance down the road, east from this proposed rezoning. Mr. Tysinger said that they do not oppose Mr. Athey continuing the nonconforming trucking operation. Mr. Tysinger brought the Commission's attention to the Athey's plat and stated that the parcel on the plat to the left which contains the metal building was obtained by Mr. and Mrs. Athey some time ago and it is on that location where the trucking operation has in fact been in operation and where that trucking operation began before zoning laws in Frederick County. Mr. Tysinger stated that on the right side of that plat, there is another deed book reference that will indicate a more recent acquisition of land by Mr. and Mrs. Athey. Mr. Tysinger said that they have no objection and do not oppose the rezoning of the land located to the left of the plat, but do vigorously oppose any rezoning of the land to the right of the plat. Mr. Tysinger said that the .litigation that Mr. Stiles' referred to is a lawsuit that was brought against the Board of Zoning Appeals of Frederick County and against Mr, and Mrs. Athey on the basis that the Bowmans perceive that Mr. and Mrs. Athey expanded a nonconforming use in violation of the ordinances and that county officials did not enforce the ordinance. Mr. Tysinger said that if this land is rezoned, or if a portion of the land containing the trucking operation is rezoned, it would make that suit mute. Mr. Stiles asked Mr. Watkins if any of the existing operation was on the parcel on the east side of the property. Mr. Watkins said that there was not, although the staff did have to write to Mr. Athey requesting that he not park vehicles on that parcel. Mr. Stiles asked if Mr. Athey had already expanded by 50% on the existing parcel and Mr. Watkins replied that he had reached the 50% expansion. Mr. Golladay said that he did not have any problem with rezoning the trucking business, however, he did question the M -2 zoning. He felt M -1 was more appropriate, because it allowed truck terminals. He also was concerned about the other portion of land and the fact that it was in addition to the original tract. Mr. Golladay said that his over - riding concern was the legal aspect and questioned the Planning Commission's actions possibly making a law suit mute. Therefore, Mr. Golladay moved to table the rezoning for a period of 90 days or until the law suit was settled. This motion was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table for 90 days Rezoning Application 11020 -86 of Athey Trucking, Inc. to rezone 4.09 acres from RP (Residential Peformance) to M -2 (Industrial General). This property is located on the north side of Route 277, east of Route 641, in the Opequon Magisterial District. 2313 9 — (Mr. Stiles suggested that the applicant resubmit another rezoning application to rezone the property to M -1 (Industrial Limited) instead of M -2 (Industrial General). Rezoning Request 11021 -86 of Rodney Cowley to rezone 49,708 square feet from A -2 (Agricultural General) to B -2 (Business General) in the Gainesboro Magisterial District. Action — Approved Mr. Watkins said that the owner recently had a conditional use permit approved for a grocery store /wayside stand /service station and a condition of that permit was for the applicant to meet site plan requirements. Mr. Watkins said that when the site plan was submitted, the applicant found that the desired layout would be difficult, given the larger setback and yard requirements in the A -2 District. Mr. Rodney Cowley, owner, stated that he has not changed the size or layout of the building since the submittal of the conditional use permit. Mr. John Good, Jr., adjoining property owner, said that he does not oppose the application, but they are concerned about having a commercial enterprise in the middle of agriculturally zoned property. Mr. Good said that they may be before the Commission and Board in a few years to request a rezoning on their property. Col. Myers was concerned about access to Route 522 and felt the Commission needed to look for solutions to accomodate businesses along this road. 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 11021 -86 of Rodney Cowley to rezone 49,708 square feet from A -2 (Agricultural General) to B -2 (Business General) for a convenience store /gas station. This property is located on the northeastern side of Route 522 North at Albin in the Gainesboro Magisterial District. MASTER DEVELOPMENT PLANS Final Master Development Plan 11007 -86 of Shenandoah Hills, Section 3, for 82 single — family cluster lots in the Stonewall Magisterial District. Action — Approved Mr. Watkins said that the revised plan reflects improved design changes that address all review comments of the preliminary plan. He said that open space, environmental, dimensional, and buffer area requirements 2314 - 10 - were all appropriate. He added that there were no density, bonus, or recreational facility requirements. Mr. Golladay inquired if the 50' area would go to the Homeowners Association as a buffer for them to maintain and Mr. Watkins replied that it would. Mr. Golladay inquired if the ordinance required the open area to be minimal slopes. Mr. Watkins said that open space has two functions, part is recreational and part is environmental protection. Mr. Watkins said that the RP District encourages steep land and flood plains to go into open space. Mr. Bruce Edens, of Greenway Engineering and Surveying Company, Inc., was present to answer questions. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Final Master Development Plan #007 -86 of Shenandoah Hills, Section 3, for 82 single - family cluster lots, streets, and open space. This property is located on Route 656 (Greenwood Road) and Route 7 in the Stonewall Magisterial District. Preliminary Master Development Plan 11012 -86 of Longerbeam Subdivision (Carlisle Estates) for 20 single - family cluster lots in the Shawnee Magisterial District, with an entrance on Route 656. Action - Approved Mr. Bruce Edens, with Greenway Engineering and Surveying Company, Inc., was present to answer questions. Mr. Herbert L. Sluder, adjoining property owner, stated that there was a problem in this area with traffic through open space areas by three - wheelers, motorcycles and cars. Mr. Stiles suggested that the owner write the property- owners documents in such a way as to prohibit the use of these vehicles in the open space. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Development Plan 11012 -86 of Longerbeam Subdivision (Carlisle Estates) for 20 single- family cluster lots, located at the intersection of Route 656 and 659, in the Shawnee Magisterial District. Site Plan 11030 -86 of The Potomac Edison Company for a 138 kv Electric Transmission Line, Meadow Brook - Double Tollgate, in the Opequon Magisterial District. 2315 — 11 — Action — Approved Mr. Watkins stated that this is a submittal of a request under the requirements of the Virginia Code having to do with the Comprehensive Plan. Mr. Watkins stated that the line will extend from the Company's Meadow Brook Substation near Vaucluse in southern Fredreick County, eastward to its substation at Double Tollagate in Clarke County. Mr. Watkins said that the Planning Commission needs to decide if this proposal is in accordance with Frederick County's Comprehensive Plan. Mr. Sloan J. Kuykendall and Mr. John E. Wetsel, Jr. were the attorneys representing the Potomac Edison Company in support of this plan. Mr. Kuykendall said that a study made by the power company indicates that in the years from 1981 to 2000 there will be a 21% increase in population in Frederick County and a 16% increase in population in Clarke County. Mr. Kuykendall said that this will be a tremendous increase in demand for electric energy. Mr. Kuykendall reported a number of considerations that the power company had taken into account in locating this line route to minimize the impacts on the area. Mr. Wetsel presented the Commission with handouts indicating the power line route and a picture of the proposed structures. Mr. Wetsel said that this will transfer power from the new substation at Meadow Brook to Double Tollgate. Chairman Brumback asked if the power company intented to add any additional lines to this route in the future. Mr. Russ Davis, with the Planning Department for Potomac Edison Company, stated that they will not need to go beyond 138,000 volts in the Frederick /Clarke /Warren County area to provide power. Mr. Davis said that if and when the population increases, they may have to build other 138,000 volt lines. Mr. Davis added that they do not plan to build another line in parallel with the line proposed at this time. The Commission next heard from the following landowners who were in opposition to this power line. Mrs. Lois White, adjoining landowner, was concerned about depreciation of property values. Mrs. White said that this line will be connecting to a 500 kv line and she was concerned that the proposed line would be increased in the future. Mrs. White felt her land would be devastated by this line. She also felt the line route could be more properly planned so it would not be so devastating to the landowners. Mr. Lenny Coleman, adjoining landowner, said that everytime he receives a route map from the power company, the route varies. Mr. Coleman also objected to the way the power company was planning this line. He said that no one has actually called or confronted him with regard to his land. Mr. Wayne White stated that he and his wife, Jewel, own two farms that will be affected by this power line. Mr. White said that the proposed 2316 — 12 — line will go through a corner of one of his farms, but it will go right through the middle of the other farm. Mr. White said that this line will devastate this farm. Mr. White was concerned that the power company had already begun to acquire certain rights —of —ways and made surveys and he said that it appears that regardless of what property owners feel, that this is where the line will be. Mrs. Emily Comer, adjoining landowner, was concerned about the destruction of the beautiful countryside. Some of the members of the Commission felt that the Planning Commission needed to amend the Comprehensive Plan to address the locations of power lines. Other commissioners felt that the Planning Commission did not have the capability to determine where the need for power lines would be in the future. The commissioners felt that although the Comprehensive Plan did not directly address power lines, that this proposal was generally in conformance with that Plan. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree that Site Plan 11030 -86 of The Potomac Edison Company for a 138 kv Electric Transmission Line, Meadow Brook — Double Tollgate, is in conformance with the Frederick County Comprehensive Plan. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, Flank H. Brumback, Chairman Robert W. Watkins, Secretary 2317