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PC_01-07-87_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 January 7, 1987. PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice Chairman; Marjorie H. Copenhaver; A. Lynn Myers; George L. Romine; Manuel C. DeHaven; S. Blaine Wilson; Carl M. McDonald; Kenneth Y. - Stiles; Robert W. Watkins, Secretary; Stephen.M. Gyurisin, Advisory. CALL TO ORDER Chairman Brumback called the meeting to order at 7:30 p.m. -------- ------- - ----- ELECTION OF OFFICERS Action - Election of Frank H. Brumback, Chairman Incumbent Chairman Brumback declared nominations open for Chairman. The nomination of Frank H. Brumback was. made by Mr. Golladay and seconded by Mr. Romine. Motion.was made by Col. Myers and seconded by Mr. Wilson to close nominations. ` BE IT RESOLVED, That the Frederick County Planning Commission- does hereby unanimously elect Frank H. Brumback as the Chairman of the Frederick County Planning Commission for the year of .1987. Action - Election of James W. Golladay, Jr., Vice Chairman Chairman Brumback declared nominations open for Vice Chairman. The nomination of James.W. Golladay, Jr. was made by Mr. McDonald and seconded by-Col. Myers. Motion was made by Mr. Wilson and seconded by Col. Myers to close the nominations. BE IT RESOLVED, That the Frederick County Planning Commission; does hereby unanimously elect James W. Golladay, Jr.- as the Vice Chairman of the Frederick County Planning Commission for the year of 1987. Action - Election of Robert W. Watkins, Secretary 2337 �m Chairman Brumback declared nominations open for Secretary. The nomination of Robert W. Watkins was made by Mr. Golladay and seconded by Mr. McDonald. Motion was made by Col. Myers and seconded by Mr. Golladay to close the nominations. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Robert W. Watkins as the Secretary of the Frederick County Planning Commission for the year of 1987. Action - Schedule of Planning Commission Meetings for 1987 Upon motion made by Mr. Stiles and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously declare 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 and held in the Board of Supervisors Meeting Room in the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby unanimously declare that the public hearings shall be held on the first Planning Commission meeting of each month, beginning at 7:30 p.m., and held in the Board of Supervisors Meeting Room in the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby' unanimously declare that the Planning Commission's Work Session, if necessary, will he held on the fourth Tuesday of each month at 7 :00 p.m. in the Board of Supervisors' Conference Room in the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Bimonthly Report Mr. Watkins reviewed pending applications with the staff. Mr. Gyurisin had several requests for administrative approval. Those requests were for: 1) WORCO request for a business called "The Lumber Yard," located on Route 522 South, to use existing buildings. and develop the site, including a fence and a sign. Chairman Brumback instructed the staff to proceed with administrative approval; 2) Technicon Instruments Corporation for a 60,000 square foot addition, located on Route 11 South. Chairman Brumback instructed the staff to bring this site plan before the Commission. (Mr. Golladay did not participate in the discussion of Technicon, due to a possible conflict of interest); 3) Amendment of an existing site plan for the Solenberger property to relocate a building. The building or parking area would not change in size. The commissioners requested that this site plan also be brought before the Commission; 4) Request by Poly Processing to add three 45 foot silos to the south side of 2338 - 3 - their building. The Commission asked that the staff refer this request to the appropriate fire company and Mr: Gyurisin stated that the fire companies are routinely consulted on administrative approval of site plans. Chairman Brumback instructed the staff to proceed with administrative approval on this request; 5) For information purposes, Mr. Gyurisin presented the final drawing on a site plan for Glaize Truss Manufacturing Plant off Victory Lane, near the airport. 1987 NEW YEAR COMMENTS John R. Riley, Jr., Frederick County Administator, stated that the County's Comprehensive Plan will undergo some rigid testing this year. He said that he felt it was a good plan and felt that it would serve the County well in the years to come. Mr. Stiles said that he requested that the Planning and Personnel staff look into adding another planner to focus primarily on transportation, but also with some expertise in industrial and commercial zoning. Mr. Stiles felt there would be more money available for roads than previously anticipated by the Highway Department. Mr. Stiles also stated that the Planning staff will be presenting the Board with recommendations to establish Building Inspections as a separate department and to fill the position that was previously held by the Public Works Director with a position that could be combined as an Assistant County Administrator. Mr. Stiles said that the Board of Supervisors is expected to act on these items at their meeting of January 14, 1987. COMMITTEE REPORTS Comprehensive Plan Subcommittee Mr. Golladay said that the Comprehensive Plan Subcommittee next plans to review policy statements concerning the Comprehensive Plan. RP District Review Committee Mr. Gyurisin stated that the RP District Review Committee will meet on January 26, 1987. c PUBLIC HEARINGS Rezoning Request #023 -86 of Joseph C. Smith to rezone 2.80 acres from B-2 (Business General) to RP (Residential Peformance) for a group adult retirement home in the Stonewall Magisterial District. Action - Approved 2339 - 4 - Mr. Watkins noted that if the rezoning is granted, the applicant will need a conditional use permit to establish the intended use. Mr. Scott Smith, son of the owner of the property, Mr. Joseph Smith, said that they wanted to establish a group adult retirement home at the house on the property. Mr. Smith said that they have purchased the property east of their property in order to establish sufficient sight distance and the Highway Department gave their approval for a commercial entrance. Mr. Stiles asked how many people .could inhabit a group home and Mr. Watkins replied that according to the ordinance, there could be 12. Mr. Romine asked if this would be a nursing -type facility. Mrs. Mitzi Signor, Mr. Joseph Smith's daughter, who is a nurse and will be working at the home, stated that this will be listed with the licensing agency in Verona as an intermediate care facility. The service will be for elderly people who are not ill, but need assistance with activities of daily living. She said that they plan to apply for a license for ambulatory and nonambulatory. Mrs. Signor added that in their present facility, the maximum number of patients will be six plus one live -in employee. Mr. Smith stated that they will be coming to the Planning Commission and the Board of Supervisors in the near future for a conditional use permit for the group home and that rezoning was a prerequisite of the group home conditional use permit. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #023-86 of Joseph C. Smith to rezone 2.80 acres from B -2 (Business General) to RP (Residential Performance) for a group adult retirement home to be located on the north side of Route 7, approximately one mile east of Winchester, in the Stonewall Magisterial District. Rezoning Request #024 -86 of Frall Developers, Inc. to rezone 1.310 acres from RP (Residential Performance) to B -1 (Business Limited) for a High's Dairy Store in the Stonewall Magisterial District. Action - Denied Mr. Benjamin Butler, Attorney representing Frall Developers, stated that this rezoning was brought before the Commission last year and several substantial questions were raised. Mr. Butler said that one concern was the B -2 zoning and this request is for B -1 rezoning. The second point was the concern by citizens on the traffic. Mr. Butler said that the developers and Mr. Moulden, the present owner of the property, have engaged Michael J. Brugge, Project Engineer with Wilber Smith 5 Associates to look at the traffic situation in this area. Mr. Butler said that Mr. Brugge has 2340 - 5 - eight years experience in transportation and traffic engineering, a Masters Degree in Transportation Engineering, and he has conducted many transportation impact studies in Virginia. Mr. Butler said that they have provided a de- acceleration lane and an entrance /exit way which will utilize the crossover in the median strip. Mr. Michael J. Brogge presented his findings on the traffic study that he conducted for this area. Using "level of service" grades by the Transportation Research Board, the left turn in received an "A" level of service, the left turn out received an '°E" level of service, and the right turn out received an "A" level of service ( "A" = free flowing traffic, "F" = complete congestion). Mr. Grady said that they are proposing to allow a " left turn exit. All other movements have the right -of -way and would not experience delay. Mr. William Sandy, adjoining property owner, asked if the de- acceleration lane would be on private property and Mr. Stiles said that it would be on the right -of -way. Mr. Sandy was opposed to a 24 -hour operation. Mr. Sandy was also concerned about trucks parking along the highway if they were too large to enter the High's parking area. Mr. Sandy felt this rezoning should not occur for one person's benefit when so many people in his neighborhood would be adversely affected. Mrs. Harriet Ways, adjoining property owner, was opposed to the rezoning because of the intense traffic situation already existing in this area. Mrs. Gerry Sandy, adjoining property owner, was opposed to any commercial business at this site because of the traffic that would be generated. Mrs. Sandy felt that a business at this location would devalue their homes. She also felt this rezoning would set a precedent for other rezonings in this area. Mrs. Anna McLaurin, adjoining property owner, said that she already had difficulty getting in and out of her own driveway because of the heavy traffic. Mrs. McLaurin was concerned about the safety of her school age children. She also felt that there were enough convenience stores in the area, and another one was not needed. Mr. Stiles noted for the record that the situation that existed previously, where he abstained from discussion and voting, no longer existed, in that High's is now fully owned by the 7 -11 Corporation. Mr. DeHaven felt the High's store would not create new traffic to the area, although it may detain existing traffic. Mr. DeHaven said that he had visited the site several times and in light of the cross over, the de-acceleration lane, the location of the High's building on the property, and due to the fact that the residences are on the other side of the street, he moved for approval of the rezoning. This motion was seconded by Mr. Golladay. Some commissioners felt that a precedent for rezonings would be set 2341 - 6 - for this area if this rezoning was approved and other commissioners felt that the traffic problem would be increased if a commercial business was established here. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny rezoning application X1024 -86 of Frall Developers, Inc. to rezone 1.310 acres from RP (Residential Performance) to B -1 (Business Limited) for a High's Dairy Store to be located approximately 300 feet north of the I -81 Interchange at Stephenson, lying on the west side of US Route 11. The vote on this rezoning was as follows: YES: Messrs. McDonald, Golladay, DeHaven, Romine NO: Mrs. Copenhaver and Messrs. Stiles, Myers, Brumback, Wilson M-1 (LIGHT INDUSTRIAL) ZONING AMENDMENTS An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article VI, Master Development Plan. Action - Approved Mr. Watkins presented the amendments to require master plans for undeveloped portions of M -1 areas before subdivisions and site plans are approved. Upon motion made by Col. Myers and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article VI, Master Development Plan. An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XIV, M -1 (Light Industrial) District, Section 14 -2, Permitted Uses. Action - Approved Mr. Watkins presented the amendments to allow fish, poultry, and meat processing on a limited basis in the M-1 District. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XIV, M -1 (Light Industrial) District, Section 14 -2, Permitted Uses. 2342 - 7 - An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XIV, M -1 (Light Industrial) District, Section 14 -3, Requirements for Permitted Uses, and Section 14 -4, Height, Area, and Bulk Regulations. Action - Tabled Until the February 4, 1987 Meeting Mr. Watkins presented the amendments to broaden the buffer and screening requirement on M -1 land adjacent to residential land, to limit woodland and other land disturbance before master plans are approved, and to allow the reduction of impervious surface restrictions. Mr. Thomas Gilpin, developer, was concerned about the 200' active buffer and the 150' inactive buffer requirements. Mr. Gilpin felt this 200' figure was derived from the required buffers between multi- family and single-family residences in RP Districts and questioned whether or not this was appropriate. He said that the Commission is not evaluating single - family and multi- family, but light industrial and residential and he felt this item deserved further study. Mr. Gilpin questioned the Planning Commission changing the M -1 buffer between residential and M -1, when the M -2 (heavy industrial) buffer between M -2 and RP still remains at 75 feet. Mr. Gilpin felt the M -2 buffer should be approached before the M -1 buffer. Mr. Gilpin felt the amendment on the maximum lot coverage was an improvement. However, he suggested that an amendment he added to say that post development run-off rates will not exceed predevelopment run -off rates, or they may exceed predevelopment run -off rates, if a stormwater management plan has been approved by the appropriate governmental body. Mr. Stiles requested that the Planning Commission table this ordinance amendment so that the Commission could have a work session to discuss these amendments further. Upon motion made by Mr. Stiles and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table action on the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XIV, M -1 (Light Industrial) District, Section 14 -3, Requirements for Permitted Uses, and Section 14 -4, Height, Area, and Bulk Requirements until the meeting of February 4, 1987. INFORMAL DISCUSSION ON THE WINCHESTER MALL SITE Mr. Watkins reported that a representative of the Leland Corporation had contacted him regarding the use of the buildings at the old Winchester Mall Site on Route 7 for their wood products manufacturing operation. Mr. Watkins noted that this is an 8.375 acre tract zoned B-2 and is completely surrounded by B -2 land. Mr. Watkins explained that this would require the rezoning of the parcel to M -1. Mr. Leland A. Szklennik, owner and president of The Leland Corporation, came forward and introduced himself to the Commission. Mr. Szklennik stated that he would be subletting from Safeway and Drugfair and 2343 - 8 - not directly through the owner, although with the owner's concurrence. The Planning Commission's concern was that if the owner of the property intended to continue to use the property, for B -2 use after the Safeway and Drugfair lease expired, that he would not be able to if the property was rezoned to industrial, unless the County rezoned it back to B -2. The commissioners and Mr. Leland discussed the Leland Corporation's proposed operations at the site. After considerable discussion on this, Chairman Brumback polled the Commissioners for their feelings on rezoning and the majority of members said they would probably be in favor of rezoning. DISCUSSION OF SUBCOMMITTEES Mr. Watkins said that the staff recommends continuing with the same members on the various Planning Commission subcommittees due to the fact that the subcommittees are in the middle of projects at this time. The Commission was in favor of continuing the subcommittees with the same members. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, Robert W. Watkins, Secretary ranE� k H. Brumback, Chairman 2344