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PC_06-03-87_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 June 3, 1987. PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice-Chairman; Marjorie H. Copenhaver; Kenneth Y. Stiles; A. Lynn Myers; S. Blaine Wilson; George L. Romine; Manuel C. DeHaven; Carl M. McDonald; 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 20, 1987. Upon motion made by Col. Myers and seconded by Mr. Golladay, the minutes of May 20, 1987 were unanimously approved. BIMONTHLY REPORT Mr. Gyurisin presented a plan for AMOCO Foam Plant, located at the intersection of I -81 and Route 11 North, for the Commission's information. Mr. Gyurisin said that the proposal is for a 190,000 square foot covered storage area. Mr. Gyurisin noted that this plan will be brought before the Commission in the next several weeks. The Commission and staff next reviewed pending applications. COMMITTEE REPORTS Economic Development Commission Mr. Romine said that the F.comomic Development Commission continues to receive many inquiries on a wide range of information. Mr. Romine congratulated the Planning Department on the statistical information they have furnished to the Commission. 2437 - 2 - Comprehensive Plan Subcommittee Mr. Golladay, member of the Comprehensive Plan Subcommittee, reported that the Economic Development Section of the Comprehensive Plan was included in the Planning Commission's agenda. Transportation Committee Mr. Golladay, member of the Transportation Committee, reported that a public hearing on the Six -Year Road Plan and nonhard- surfacing projects is scheduled for June 29, 1987. Sanitation Commission Mrs. Copenhaver, Commission's liaison to the Sanitation Commission, reported on the upgrade at Lakeside. She reported that the proposed cost would be about $235,000 for the project and that about one-half of that expense would be re- useable equipment at the Parkins Mill Plant. Mrs. Copenhaver said that the completion date is April 30, 1988. lotion to Or Pro ce Mrs. Jennifer Bean, Frederick County Gypsy Moth Suppression Program Coordinator, stated that spraying this year occurred between May 8th and May 11th. She said that 13,030 acres were sprayed in the County and the cost was under the $45,000 that the Board appropriated. She said that the volunteers were a great help to the program and without their support, the program would not have been possible. Upon motion made by Mr. Romine and seconded by Mr. Wilson, BE IT RESOLVED THAT THE FREDERICK COUNTY PLANNING COMMISSION DOES HEREBY HONOR • Don Ratcliff • Jeane Lillis • Jim Hockman • Gerald Crowell • Fred Burlingame • Gary DeOms • Bob Sutton • Dean Nadeau • Bob Dressel * Lew Gleason * Kim Havenner * Frank Sherwood * Will Johnston * W. A. (Bart) Bartholomew * Jim Marquardt * Cheri Kober * Susan Swimley 2438 - 3 - • Tom Rosenberger and the staff of Tom's Market • First Baptist Church - Hunting Ridge Retreat • Winchester National Guard Headquarters 3rd Battalion, 116th Infantry, 29th I.D. (light) * Omni Alarm Systems, Inc., Vernon Marsteller, Jr. Wilson Welding Supply, Spenser Jones and staff FOR SERVICE PROVIDED TO THE CITIZENS OF FREDERICK COUNTY, VIRGINIA, AS VOLUNTEERS AND /OR EQUIPMENT SUPPLIERS FOR THE 1987 FREDERICK COUNTY GYPSY MOTH SUPPRESSION PROGRAM. BE IT FURTHER RESOLVED, THIS 3RD DAY OF JUNE 1987, THAT THE FREDERICK COUNTY PLANNING COMMISSION WISHES TO EXPRESS ITS THANKS AND APPRECIATION TO EACH OF THE VOLUNTEERS AND ORGANIZATIONS. SUBDIVISIONS Final Subdivision Plat of George and John Miller Partnership to subdivide one lot consisting of 3.016 acres from an existing 15 -acre parcel in the Back Creek District. Action - Approved Mr. Watkins noted that a site plan has been approved for this parcel for an auto dealership. He said that all applicable subdivision standards have been met. Mr. John Miller, applicant, was present to answer questions. Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the final subdivision plat of George and John Miller Partnership for the subdivision of one lot consisting of 3.016 acres from an existing 15 -acre parcel for an auto dealership. This property is located on the east side of Route 11 South, between US it and I -81, south of Route 37, in the Back Creek Magisterial District. SITE PLANS Site Plan /026 -87 of AT &T St. Louis-Washington, D.C. for a regeneration 2439 - 4 - station in the Gainesboro District. Action - Approved Mr. Watkins said that all site plan requirements have been met. Mr. Gary Hall, representative for AT &T, explained that they use fiber optics to carry light impulses and the purpose of the proposed booster station is to keep the light flowing. Mr. Hall said that the fiber optic does not carry sound or electricity. Mr. McDonald asked if this would be on the underground cable and Mr. Hall replied that it would. Mr. Hall said that the fiber optic cable will be adjacent to the co -axil cable that went through this area about 25 years ago. Col. Myers asked for the size of the building and Mr. Hall said the building would be approximately 10 1 /2' X 16' and consist of about 147 square feet. Upon motion made by Col. Myers and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #026 -87 of AT &T St. Louis - Washington, D.C. for a regeneration station made of precast concrete set on a crushed stone base. The proposed building is to be placed on an existing AT &T 60' X 75' easement purchased in 1961. This property is located south of the intersection of Routes 701 and 700, near Whitacre, in the Gainesboro Magisterial District. Site Plan #023 -87 of Adams/Winchester Countertop for an industrial building in the Stonewall Magisterial District. Action - Approved Mr. Watkins said that the project is in an existing M -1 industrial area off Imboden Drive. He said that the industrial building proposed is 40' X 100 Mr. Scott Marsh, Engineer with G. W. Clifford & Associates, was present to answer questions. Upon motion made by Mr. DeHaven and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #023 -87 of Adams /Winchester Countertop for a 4,000 square foot industrial building with parking, access, and site improvements. This property is located at the eastern end of Imboden Drive, just west of the cul-de-sac, in the Stonewall Magisterial District. 2440 - 5 - PUBLIC MEETINGS Preliminary Master Development Plan for Kerns Lots (Broad Avenue) Lockhart Subdivision for the subdivision of 1.084 acres into eight lots for four duplex units. Action - Denied Mr. Watkins said that this site was approved for duplex units (mixed use in an RP District) by the Board of Supervisors on February 11, 1987. Chairman Brumback inquired about the Highway Department's request for curb and gutter. Mr. Gyurisin said that the Highway Department felt a shared entrance or a curb and gutter entrance was needed to accomodate the radius for a standard entrance onto Broad Avenue. Mr. Allen Ebert, Land Surveyor, was the representative for this preliminary master development plan. Mr. Stiles said that when the Planning Commission considered this request to mix housing types on February 4, 1987, the proposal was for two buildings, one on each lot, with each building containing two units. He said that the Board of Supervisors approved the request on that basis. He said that now the proposal is for four buildings, with eight units, on 26' wide lots (totalling approximately one acre) with the buildings themselves being 16' wide and 22' long. Mr. Stiles felt this density was too high. Chairman Brumback said that it was not the Planning Commission's intent to have this type of situation in a single - family neighborhood. Mr. Michael L. Payton, resident on Lot 30, was not in favor of four structures being placed on one acre in this area. The Commissioners felt that this proposal did not meet the "intent" of the RP Section of the Zoning Ordinance. Upon motion made by Mr. Wilson and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny the Preliminary Master Development Plan of the Kerns Lots (Broad Avenue) Lockhart Subdivision for the subdivision of 1.084 acres into eight lots for four duplex units. This property is located on Route 831 (Broad Avenue), on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. Preliminary Master Development Plan 11002-87 of Valley Mill Terrace Apartments for eighteen two - bedroom units contained in two garden apartment structures in the Stonewall District. Action - Denied 2441 - b - Mr. Golladay noted for the record that he was no relation to one of the adjoining property owners, Mr. Joseph E. Golladay. Mr. Watkins noted that this is a revised plan. He said that two concerns raised on the last review were --one, that in their calculations, the applicant had not provided enough open space and second, it was determined that a single - family home was located on the next lot (beyond the adjoining Joseph E. Golladay lot) within the required buffer distance. Mr. Watkins explained that two buildings are proposed. One building is a three -story building with ten two- bedroom units and one building is a two -story building with eight two - bedroom units. He said that the applicant is proposing the full 200' distance buffer, but is requesting a reduction in the inactive buffer by reducing the distance to 106' (150' is required) and using parking within that area instead of landscaping. Mr. Watkins noted that all the buffers are in relation to the single - family home; the RP does not require screening or buffering in relation to the townhouses. Mr. Wilson and other members of the Commission were concerned about the vacant lot, owned by Joseph E. Golladay, between the existing home and the proposed apartments. Mr. Wilson asked if the owner would be permitted to build on the lot, since it was within the buffer area. Mr. Watkins said that the owner would be allowed to build and that the use of the Valley Mill property cannot restrict use of the Golladay property. It was pointed out that if there was an existing house on the Golladay lot, that the Valley Mill project would not be valid because it could not meet the required buffers. Mr. Swagler Koonce, partner in the Valley Mill Terrace Apartment project, introduced Mr. Allen Ebert, the designer of the project. Mr. Allen Ebert said that they had an alternate plan under consideration that met all of the buffering requirements, but it was Mr. Ebert's opinion that the plan presented to the Commission was far superior. Mr. Ebert explained the alternate building and parking placement to the Commission. Chairman Brumback was very concerned with the applicant using the parking lot as a buffer and he was also concerned this would be a detriment to the adjoining lot. Mr. Craig Carper, Vice - President of Ash Hollow Home Owners Association and resident of Ash Hollow Estates, came forward to speak for the residents of Ash Hollow Estates. Mr. Carper said that the Ash Hollow Estates residents were not opposed to the development of this parcel, but do oppose the current proposal. Mr. Carper presented a resolution from the homeowners association. Upon motion made by Mr. Stiles and seconded by Mr. McDonald, the Planning Commission unanimously voted to make the resolution a part of the official record, as follows: 2442 -1- RESOLUTION ON THE ASH HOLLOW ESTATES HOMEOWNERS ASSOCIATION Opposing the application of Valley Mill Terrace Apartments as submitted by A Brokers Associated Whereas, the Apartment Building Complex as submitted would not be in harmony with the current housing development as a whole and .... Whereas, the "Multi- Family" housing concept of Valley Mill Terrace Apart- ments would greatly disrupt the current trend of "Single Family" housing and .... Whereas, the Valley Mill project would undermine the various provisions of the Ash Hollow Estate Deed of Dedication, specifically the articles governing Architectural Control and Use Restrictions and .... Whereas, in order to preserve the taxable values of the properties within Ash Hollow Estates and for the purpose of promoting the recreation, health, safety and welfare of it's residents .... Now, therefore, be it resolved that the Ash Hollow Estates Homeowners Association and it's residents do wholeheartedly oppose the application of Valley Mill Terrace Apartments. Date: June 3, 19 Diane Collis, President Ash Hollow Estates Homeowners Association, Inc. 2443 - 8- Mr. DeHaven felt that the Golladay lot should be honored and that 18 units on a one -acre parcel was too high of a density. Mr. DeHaven then moved to deny the request and this was seconded by Mr. Romine. Mr. Stiles said that while this proposal may meet the technical requirements of the Code, he felt it did not meet the intent of the residential section of the Zoning Ordinance. He said the intent was not to allow for development of this density on small lots. Mr. Stiles said that the commissioners were aware that this particular parcel would probably be used for some type of multi- family housing, but he felt it was possible to use this lot in a way that was compatible with adjoining homes. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny Preliminary Master Development Plan #002 -87 of Valley Mill Terrace Apartments for eighteen two bedroom units contained in two garden apartment structures. This property consists of 1.198 acres and is located on the north side of Valley Mill Road, Route 659, just west of Ash Hollow Estates in the Stonewall Magisterial District. PUBLIC HEARINGS Conditional Use Permit #013 -87 of Holiday Motel for a motel sign in the Opequon Magisterial District. Action - Approved Mr. Watkins said the proposal is for a 4' X 8' directional sign. He added that the sign will not be placed in the VDH &T right -of -way. Mr. Paul Maddox of Holiday Motel said the sign will have no advertising, just the motel name and a directional arrow. Mr. Golladay asked Mr. Maddox if he understood the conditions placed on the conditional use permit and Mr. Maddox said he did. Upon motion made by Mr. Golladay and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #013 -87 of Holiday Motel for an off - premise motel sign to be located at the northeast intersection of U.S. 11 and Route 627, north of Middletown, in the Opequon Magisterial 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. The sign shall be maintained in good repair. 2444 - 9 - Conditional Use Permit 11005 -87 of Denny Derflinger for a sign for Westminster - Canterbury of Winchester in the Gainesboro Magisterial District. Action - Withdrawn Mr. Watkins stated that this application was withdrawn by the applicant. Conditional Use Permit 11012 -87 of ADG, Inc. for a Commercial Outdoor Recreation Center "AKA -The Survival Game" in the Gainesboro Magisterial District. Action - Approved Mr. Watkins said that no buildings or structures will be constructed and there will be no source of water supply. Mr. Watkins said that the Health Department has recommended vault privies. Mr. Carl McDonald said that he would not participate in any discussions or vote on this request due to a possible conflict of interest. Mr. Stephen Schrader, Executive Vice President of ADG, said that this is a nationally operated and sanctioned game. Mr. Schrader explained that there are two teams and the object of the game is to capture the opposing team's flag and return it to the home base without being eliminated. He said that elimination involves being painted with a paint pellet. Mr. Schrader explained that this involves no more than 15 persons per team and players must be 18 years of age or older. The Commission next discussed the details of the proposal with the applicant. Mr. Timothy Gano, adjoining property owner, asked where access to the property would be. Mr. Schrader said that Mr. B.G. Custer, adjoining property owner, had given him verbal permission to use the road off of Route 696 until they build their own access, off Route 694. Mr. Gano explained that he had a group of hunters leasing his farm each year to hunt. Mr. Gano asked that a time frame for the survival games be specified. Mr. Stiles asked where parking would be and Mr. Schrader replied that the parking would be on the back, larger parcel where the games will be played. Mr. Schrader said that he does not propose to use the front parcel. Mr. Golladay stated for the record that Terry L. Golladay, an adjoining property owner, was no relation to him. Upon motion made by Col. Myers and seconded by Mr. Stiles, 2445 - 10 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #012 -87 of ADG, Inc. for a Commercial Outdoor Recreation (survival game) with no improvements or buildings and to be located on Route 694, approximately 1 1/2 miles west of Reynolds Store, in the Gainesboro Magisterial District with the following conditions: 1. This is 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. 3. The applicant shall provide sanitary facilities acceptable to the Health Official and Building Official. If sanitary problems develop, if a building permit is required, or if the nature of the use changes, an approved septic drain field shall be required that is acceptable to the Building Official and the Health Official. 4. Off- street parking shall be provided. 5. Games shall be conducted only during the hours of 9:00 am. and 4:00 p.m. 6. Game activities shall be conducted May through September, inclusive. No game activities shall be conducted during the recognized Virginia Hunting Season. 7. Games will be conducted under the conditions of the National Survival Game, Inc. Official Rules. The vote on this conditional use permit was as follows: YES: Mrs. Copenhaver and Messrs. Stiles, Myers, Brumback, Golladay, DeHaven, Wilson, Romine ABSTAIN: Mr. McDonald CANCELLATION OF CONDITIONAL USE PERMITS Mr. Watkins presented the list of conditional use permits that were advertised for cancellation. Mr. Watkins said that the staff would recommend cancellation of all the permits with the exception of Robert F. Zeigler for an off - premise sign which is still active. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the renewal of Conditional Use Permit 4002 -81 of Robert F. Zeigler with the conditions on the existing permit. Upon motion made by Mr. Stiles and seconded by Mr. McDonald, 2446 - 11 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby cancel the following conditional use permits: 11007 -81 -- John & Brenda Owens (Opequon) 11013 -85 -- Roger Fitzwater (Stonewall) 11003-85 -- Zulfigar Ahmed (Back Creek) 11015 -78 -- Anton B. Papiernack (Back Creek) 11011 -82 -- Michael J. & Mary Tilock (Opequon) 11006 -83 -- Craig D. & Seri Kern (Gainesboro) The vote on the above resolutions was unanimous. An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article V, RP (Residential Performance) District, Section 5 -2 -10, Uses Permitted with a Conditional Use Permit. Mr. Watkins said that the County Administrator and the Chairman of the Board of Supervisors have requested that an amendment be considered allowing group homes as a use by right in the RP District rather than as a conditional use. He said that the County Administrator and several Board members had the understanding that it was a use by right in the RP District and were not aware that it had been adopted as a conditional use. Mr. Watkins said that it was clear in the Board minutes before the RP District was in effect that the group home use was officially adopted as a use by right in all of the residential districts in the County, however, it was not clear to the Board that it had been adopted as a conditional use in the RP District. Mr. Stiles stated for the record that his wife, Patricia, was an employee of Grafton School which operates some group homes and does intend to establish group homes in Frederick County. He said that because this is a general amendment to the Zoning Ordinance, he felt there was no conflict of interest involved at this point. Mr. Stiles said that state law requires Frederick County to allow group homes as defined in residential zones and Frederick County adopted its ordinance to conform with the state law. He said that group homes were permitted uses in what was then R -1, R -2, R -3, R -4, R -5, A -1, and A -2 Districts. He said that when the RP Zoning Ordinance was adopted in place of R -1, R -2, and R -3, somehow what had been a permitted use became a use requiring a conditional use permit. Mr. Stiles said that the County could require a conditional use permit for these homes, but it is plain that the County cannot use that basis to turn them down. He explained that the County could establish some conditions, however, any conditions that the County might address, are already a part of the licensing requirements. Mr. William Mason said that he lived on Route 11, across the street from a house recently purchased by Grafton School. Mr. Mason, speaking on behalf of his neighbors, requested that someone.from Grafton speak on what goes on in group homes and what is coming into the neighborhood. 2447 - 12 - Ms. Gail Mayfield stated that she was the Senior Program Director at Grafton School and Director of the autism program, the group that intends to purchase a home on Route 11. Ms. Mayfield explained some of the licensing requirements for group homes and the type and number of individuals that would reside in group homes. Ms. Mayfield also stated that residents of group homes are supervised at all times. Ms. Jane DeHaven, resident on Route 11, requested that the ordinance state that group homes are required to have a conditional use permit. Ms. Joy Fish, a member of the Shenandoah Valley Community Residences and a member of the Norhtwestern Community Services Board, came forward to speak in favor of the ordinance. Ms. Fish said that the Shenandoah Valley Community Residences has operated a licensed and certified group home for eight mentally retarded adults on Merriman's Lane for the past six years. Ms. Fish explained that they have well qualified and dedicated employees and that health officials and fire company officials make periodic visits to the group home. She felt that group homes could be an asset to the community. Mr. Charles DeHaven questioned the purpose of local ordinances and laws when the state had the final say on what is permitted. Ms. Lesta Hummel, a neighbor of Grafton School in Millwood, came forward to speak favorably of the Grafton School. She said that the school has never given them any problems and the children are well supervised and well behaved. Ms. Carole Teets, homeowner on Martinsburg Pike, felt the group home would depreciate the value of her home and property and was opposed to it. Ms. Teets was also concerned that the drainfield would not be able to handle the number of residents and staff residing in the group home. She felt that her well could be contaminated. Ms. Evelyn Patt, resident of Martinsburg Pike, was also opposed to having a group home next to her because she felt it would depreciate the value of her home and property. Motion was made by Mr. Romine and seconded by Mr. Golladay to allow group homes as a permitted use in the RP (Residential Performance) District. Mr. Stiles said that he felt group homes would not decrease property values and that he would not approve anything that he thought would be detrimental to the neighborhood. Mr. Wilson said that he was in support of group homes, but felt conditions should be applied. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article V, RP (Residential Performance) District, Section 5 -2 -10, Uses Permitted with a Conditional Use Permit, to delete the following: 2448 - 13 - 5 -2 -10.4 Group Homes, as defined. The intent of this use is not to detract from the residential characteristics of the neighborhood or district. And to add the same provision to Section 5 -2, Use Regulations, as Section 5-2-4. The vote on this ordinance amendment was as follows: YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Golladay, DeHaven, Romine NO: Messrs. Wilson, Brumback --------------- - ----- INFORMAL DISCUSSION ON B -2 (BUSINESS GENERAL) AN Mr. Watkins stated that Richard G. Hardison had requested an informal discussion with the Commission to discuss the possibility of rezoning a portion of the Battlefield Commercial /Industrial Development. He added that the area is currently zoned M -1, B -3, and B -2 and is occupied by a number of businesses. Mr. Richard Hardison, of Battlefield Partnership, gave the Commission some background information on his existing and proposed future development. Mr. Hardison felt that the list of uses allowed in the business districts was not consistent. He also found it hard to determine what category many of the wholesale, retail, and office uses fit into. Mr. Hardison asked the Commission to consider including in the B -3 (Industrial Transition) District all or most of the uses that are currently in the B-2 (Business General) District. The Commission generally discussed different uses allowed in the business use categories. Although the Commissioners recognized that the business zones needed some clarification, they felt it would be better for Mr. Hardison to apply for a rezoning rather than change the uses allowed in the business use categories at this time. ADJOURNMENT There being no other business to discuss, the meeting adjourned. Respectfully submitted, Frank H. Brum a k, Chairman ' 457 4 �4-k�4� Robert W. Watkins, Secretary 2449