Loading...
HomeMy WebLinkAboutPC_07-01-87_Meeting_MinutesMEETING MINUTES 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 July 1, 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 June 17, 1987. Mr. DeHaven said that he was present on June 17, but his name was left off the list of those present. Upon motion made by Mr. McDonald and seconded by Mr. Wilson, the minutes were unanimously approved with that amendment. BIMONTHLY REPORT Mr. Gyurisin presented a site plan for SSS & Associates, located off Lenoir Drive in the Stonewall Industrial Park. He said that currently, this development has three storage facilities with an office and parking. Mr. Gyurisin said that they have submitted a plan that was approved sometime ago with an additional five 30' X 120' buildings proposed for this site, however, the size of the buildings has been increased by 10' and is now 40' X 120' Mr. Gyurisin also presented a site plan for Shenandoah Memorial Park, located on Route 522 South for a mausoleum. He said that they have also submitted a long -term plan for a number of mausoleums within the cemetary. Mr. Gyurisin said that there would be no comments needed from reviewing agencies due to the nature of this proposal. Mr. Gyurisin said that a bell tower will also be constructed here as a memorial to Patsy Kline. The Commission gave the staff authorization to proceed with administrative review and approval on both of the site plans. 2456 - 2 - COMMITTEE REPORTS Transportation Committee Mr. Golladay said that the Transportation Committee will be meeting on July 26, 1987 to rank road projects. SUBDIVISIONS Subdivision Request of Brentwood Terrace, Sections 2, 3, 4, for single-family cluster lots located on the southern side of Route 659 (Valley Mill Road) in the Shawnee Magisterial District. Action - Approved Mr. Ron Ward introduced himself and Mr. Randolph Larrick, the owners and developers of the subdivision. Mr. Ward said that they have incorporated Sanitation Authority recommendations in their plan and they also will be working with the Greenwood Fire Company on fire hydrants. 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 Brentwood Terrace, Section 2, for 21 single - family cluster lots; Section 3, for 17 single-family cluster lots, and Section 4, for 20 single - family cluster lots; with streets, easements, and open space, located on the southern side of Route 659 (Valley Mill Road) in the Shawnee Magisterial District. Subdivision Request of Greenbriar South Subdivision for single - family traditional housing lots north of Stephens City in the Opequon Magisterial District. Action - Approved Mr. Watkins said that he had received final plats which do meet the Sanitation Authority easements, however, the applicant will have to meet the Highway Department easements before plats can be signed. Mr. Billy Tisinger was present to represent the applicant. Mr. Dennis Benjamin, resident at 4886 Blue Bird Drive in Greenbriar Village, said that he had three specific concerns. The first, was two lots on Tanninger Drive that contained over 20,000 square feet of dead trees and three to four foot high weeds. His second concern was an unsafe barn at the edge of Section 2 which was partially torn down. His third concern was that when he bought his lot, there was supposed to be a five -acre park. This was reduced to a 2 1/2 acre park and today, it is a retention area that does not drain. Mr. Benjamin presented some photographs of these 2457 - 3 - areas and asked that these concerns be addressed before more lots were approved. Chairman Brumback asked the staff if any of the concerns raised were on the five -acre parcel proposed in the current application and Mr. Gyurisin said that they were not. Mr. Tisinger said that the parcels containing the weeds are in Section 1, which he could not address. He said that the barn is not located on the platted acreage; however, they are in the process of taking down the barn and some old sheds, but need to get labor to do it. In regards to the pumping station, he said that the system has not been taken into the Highway System and the owners of those lots and the Sanitation Authority realize that something needs to be done with the pumping station. He said that they will either fill it in or raise the pumping station. Mr. Tisinger said that the pumping station will not be necessary when the interceptors run for Section One and Two. He added that the drainage runs along the highway and will not add to this particular problem. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision request of Greenbriar South Subdivision for single- family traditional housing lots with streets and utility improvements. This property is located north of Stephens City, north side of Route 647, in the Opequon District. PUBLIC MEETINGS Preliminary Master Development Plan of Apple Ridge Subdivision for 119 single-family cluster lots in the Shawnee District. Action - Approved Mr. Watkins said that the plan met all ordinance requirements, but recommended a reduction in the buffer for Senseny Road to 75'. At this point, Mr. Golladay asked if it was possible to receive a list of all people financially involved in development requests. Mr. Golladay said that in light of the "conflict of interest" laws and the fact that he and other members of the Commission were businessmen, that he should know who was involved. The staff felt that this could be arranged. Mr. Bruce Edens was the representative and he also introduced Mr. Gene Calloway, the owner. In response to Chairman Brumback's question on the open ended roads, Mr. Edens said that the purpose for this was to allow for the street network to be looped in the future. There was next a discussion on the pumping station and Chairman Brumback asked if it was not correct that if additional development occurred, that the pumping station would need to be increased in size. Mr. Edens said that this was correct. 2458 - 4 - Mr. Wilson said that his biggest concern regarding this area was overloading Senseny Road, but the Highway Department has stated that the roads are adequate for the development. Mr. Wilson then moved for approval with staff recommendations and this motion was seconded by Mr. Romine. Mr. DeHaven was concerned about further RP development with this size lots in this area. He was also concerned that with the availability of pumping stations, there was no limit to how far the development would go. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the preliminary master development plan of Apple Ridge Subdivision for 119 single-family cluster lots with streets and open space with a buffer reduction for the Senseny Road collector to 75 feet. This property is located at the north side of Route 657 ( Senseny Road) in the Shawnee Magisterial District. Revised Preliminary Master Development Plan for Kerns Lots (Lockhart Subdivision) on Broad Avenue for the subdivision of 1.084 acres into six lots for six duplex units (three buildings) in the Shawnee District. Action - Denied Mr. Watkins noted that the significant change over the previous plan was that they were showing open space along the rear of the lot. Chairman Brumback inquired if the Highway Department would be requiring curb and gutter. Mr. Cyurisin replied that the developer could use combination driveways which may not require curb and gutter. Mr. Butch Kerns, owner of the property, was present to answer questions. Mr. Stiles was concerned why Mr. Kerns was still asking for more units than what was proposed to the Board of Supervisors on February 11, 1987. Mr. Kerns said that Mr. Strosnider, owner of the property when he had it under contract to purchase, was the one who was present at the meeting. Mr. Kerns said that his contract with Mr. Strosnider stipulated that it would be approved for three duplex buildings (six dwelling units). Mr. Kerns felt it would not be economically feasible to put four units on the property. Mr. Michael Payton, adjoining property owner, was opposed to any duplex development because of the single - family neighborhood. Mr. Sanford Payton, adjoining property owner, said he was under the impression that the proposal was for two duplexes with four families. Mr. Payton was concerned that this would be low income housing. He was also concerned there would be no place for children to play except on the streets. 2459 - 5 - Mr. Nevin Lanham, adjoining property owner, had concerns regarding drainage. Mr. Lanham also was concerned about the traffic situation. Mr. Paul Brill, adjoining property owner, was concerned about water backing up on his property. It was the feeling of the Planning Commission that this proposal did not meet the intent of the RP Section of the Zoning Ordinance. They also felt this was too many buildings on this property in a single - family neighborhood. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny the revised preliminary master development plan of the Kerns Lots for the subdivision of land for six duplex units (three buildings). This property is located on Route 831 (Broad Avenue) in the Lockhart Subdivision, Shawnee Magisterial District. PUBLIC HEARINGS Conditional Use Permit 11014 -87 of Roger L. Mogle for a Cottage Occupation for small engine repair in the Opequon District. Action - Approved Mr. Roger Mogle, applicant, said that regarding sewage, his existing septic system is well over 40 years old and failing. Due to the State moratorium in the area, he cannot hook up to County sewer. Mr. Mogle said that he has an agreement with the Health Department that as soon as the moratorium is lifted, he will hook up to County sewer. Mr. Mogle next discussed his hours of operation with the Commission. Mr. Mogle said that due to the property boundaries and location of the County fire hydrant, that he would not be able to make the entrance the Highway Department has recommended. Mr. Stiles said that if the Highway Department required this, the Planning Commission had no control. Mr. Stiles suggested that the applicant work with the staff and the Highway Department on the matter. The Commission next discussed the distance to adjoining homes and Mr. Mogle stated that he spoke with his neighbors about the project and there were no complaints. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #014 -87 of Roger L. Mogle for a Cottage Occupation /Small Engine Repair, to be located on Route 277, in the Opequon 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. 2460 - 6 - 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. All activities and storage shall be located within the existing buildings. Equipment waiting for repair shall be located within the buildings or shall be totally screened from surrounding properties. 4. Hours of operation will be 3 :00 p.m. to 6:00 p.m. Monday through Friday, 9:00 a.m. to 5:00 p.m, on Saturday, and closed on Sunday. Rezoning Request X1012 -87 of George B. Whitacre to rezone 9.290 acres from A -1 (Agricultural Limited) to B -2 (Business General) in the Gainesboro District. Action - Denied Mr. George B. Whitacre, property owner, said that he wanted to install a sign for his existing business on Route 522 North. He said that the State will not allow him to install a sign for a commercial business on property that is not zoned B -2. Mr. Whitacre said that he did not have any definite plans for use of the property other than the sign. He added that the land is not good for farming and only a small portion of the land would be useable for construction of buildings. Mr. Gyurisin explained that the Federal Primary Highway Regulations requires off premise signs more than 250' from the business advertised to be located on commercially zoned property. Mr. Gyurisin said that after the property is rezoned, Mr. Whitacre would have to apply for an off -site sign conditional use permit. Mrs. Beverly Sherwood, resident of the area, was concerned that this was spot zoning. She said that the County has included restaurants, grocery stores, and service stations as permitted uses in the A -1 Zoning District in order for spot zoning not to occur. Mrs. Sherwood was concerned this rezoning would set a precedent for future business rezonings along Route 522. Mr. Ronald Clouse, resident approximately 3/4 mile away, did not have an objection to a sign, but did object to the possibility of other business development. The Commissioners were very concerned about future development along Route 522 and discussed possible ways that Mr. Whitacre could get his sign without rezoning the whole nine acres. Some of the Commissioners suggested three avenues that Mr. Whitacre and the staff could work on instead of rezoning the whole parcel. 1) To pursue the fact that the County does allow commercial uses (such as a sign) in the A -1 zone with a conditional use permit. 2) Since this property is within the radius of a community center, perhaps a small portion could be applied to be rezoned to B -1. 3) To ask for only the portion of land on top of the hill to be rezoned. 2461 - 7 - Other members of the Commission felt this was a continutation of the zoning currently in the area and felt it could be rezoned. Col. Myers moved to approve the rezoning and this motion was seconded by Mr. DeHaven, however, the application was denied by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Request 11012 -87 of George B. Whitacre to rezone 9.290 acres from A -1 (Agricultural Limited) to B -2 (Business General), located on the northeast side of dual US. 522, 1/4 mile west of Cross Junction, in the Gainesboro District. The vote on this application was: 0 YES (TO APPROVE): Messrs. Myers, DeHaven, Romine, Wilson NO (TO DENY): Mrs. Copenhaver and Messrs. McDonald, Stiles, Brumback, Golladay An ordinance to amend the Frederick County Code to provide office buildings as an allowed use in the B -3 (Industrial Transition) Zoning District. Action - Approved Mr. Watkins said that this request was made by Mr. Richard Hardison of Battlefield Partnership. Mr. Watkins stated that both the B -2 and M -1 Districts allow office buildings and that it would seem appropriate to allow them in the B -3 (Industrial Transition) Districts. Mr. Ralph Gregory, partner of Mr. Hardison, stated that they had property that this ordinance affects. Mr. Gregory said that sometimes they have problems determining whether a use is classified as an office or something else. Mr. Charles Toan, representing Toan and Associates, stated that they have a contract to purchase property from Battlefield Partnership. He said that they have a contract to build an office building for State Farm Mutual to use as a claim office for the region. After some discussion, motion was made by Mr. Stiles and seconded by Mr. Romine to approve the amendment. 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 XII, B -3 (Industrial Transition), Section 12 -2, Use Regulations, to add the following: 12 -2 -5 Office Buildings. Rezoning Request 11014 -87 of Battlefield Partnership to rezone .75 acres 2462 W:W from B -3 (Industrial Transition) to B -2 (Business General) in the Opequon District. Action - Approved Mr. Watkins noted that this application for rezoning was submitted in the case that the previously discussed amendment was not approved, as it addresses the same parcel of land and the same business mentioned in the discussion of the ordinance amendment. Mr. Stiles asked Mr. Hardison if he wanted to withdraw the application for rezoning since the ordinance amendment was approved. Mr. Hardison said that due to the fact that the Board of Supervisors would make the final decision on the amendment, he did not wish to withdraw at this time. Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request 11014 -87 of Battlefield Partnership to rezone .75 acres from B -3 (Industrial Transition) to B -2 (Business General). This property is located on Lot 5 of Parcel 11, on Route 11 South of Winchester, in the Back Creek District. This rezoning was approved by the following majority vote: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Myers, Brumback, Golladay, DeHaven, Romine NO (TO DENY): Messrs. Stiles, Wilson Rezoning Request 11015 -87 of Battlefield Partnership to rezone 6.79 acres from B-3 (Industrial Transition) to B -2 (Business General) in the Opequon District. Action - Approved Mr. Watkins noted that this is the same location and same proposed use as the previous application, but for additional acreage. Mr. Richard Hardison, the applicant, was present to answer questions. Upon motion made by Mr. Stiles and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request 11015-87 of Battlefield Partnership to rezone 6.79 acres from B -3 (Industrial Transition) to B -2 (Business General) for an office building for a State Farm Insurance Adjustor's Office. This property is located on Route 11 South, in the Back Creek District. The vote on this rezoning was as follows: 2463 - 9 - YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Golladay, Brumback, Romine NO (TO DENY): Mr. DeHaven ABSTAIN: Mr. Wilson Cancellation of Conditional Use Permit 11001 -86 of Cheryl L. Anderson for a kennel at the dead end of Route 836 in the Stonewall District. Action - Permit Renewed Mr. Watkins said that as a part of the annual conditional use permit review and as requested by the Planning Commission and the Board of Supervisors, the staff has advertised Conditional Use Permit 11001 -86 of Cheryl L. Anderson for cancellation. Mr. Thomas Louthan, attorney representing Mrs. Anderson, requested that the Commission renew the permit. Mr. Louthan said that this permit was approved on February 5, 1986 by the Commission and February 12, 1986 by the Board. He said that Mrs. Anderson purchased this property contingent on the approval of the conditional use permit. Mr. Louthan said that the Commission conditioned that permit upon the construction and occupancy of the home prior to the operation of the kennel. Mr. Louthan said that the Andersons have invested over $214,000 into the property. Mr. Louthan said that due to the building boom in the area, the construction of the home was delayed. He said that the Anderson were given the occupancy permit for their home in March of 1986. He said that they applied for and were granted a building permit for the kennel in April of this year. Mr. Stiles said that the building permit was issued on May 12, 1987 for the dog kennel. He said that it should not have been issued because their conditional use permit had not been renewed at that point. Mr. Golladay stated that the Commission has had problems with dog kennels in the County. Mr. Golladay asked Mr. Louthan if both he and his client understood that if problems arise with the dog kennel, the next time the permit comes up for renewal, it could be denied, regardless of how much money was invested, and Mrs. Anderson would then be out of business on the dog kennel. Mr. Louthan said that both he and Mrs. Anderson were aware of this. Mr. Stiles said that he had at least three neighbors approach him about the dog kennel that was going to be constructed. Mr. Stiles said that there has been several instances were the Andersons were having trouble with the neighbors. If neighbors get along, kennels do not create such a problem, but if there are problems between neighbors, kennels can present a problem. Mr. Stiles said that the Andersons are proceeding to build under a building permit issued to them. He said they had no way of knowing that the permit should not have been issued, so in that regard some consideration is entitled to them. 2464 - 10 - Mrs. Anderson said that she called the office in April and questioned the status of the conditional use permit. She said that she was advised that the conditional use permit should have been renewed in January or February, but had not been; and if she had not heard from the Board of Supervisors or Commission, then all was well. She said the first she heard that this was to be cancelled was when Mr. Watkins called her at work and told her it had come up. Mrs. Anderson next explained her situation with the neighbors. Mr. Greg Roberts, a neighbor, said that when the initial proposal for the kennel was made he did not have any objections. Mr. Roberts said that even now, after he has gotten to know the Andersons, he still has no objections to the kennel. He said he would have objections to additional traffic, however. Mr. Stiles moved to renew the permit with the existing conditions and with the amendment to condition number four to state that the animals will be locked inside from 9:00 p.m. to 7:00 a.m. Mr. Stiles said that if the kennel creates a problem for the neighbors, next year when all permits are reviewed and renewed, that he would argue to cancel the permit. He said the fact that the Andersons have invested money will have no bearing. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the renewal of Conditional Use Permit 11001 -86 of Cheryl L. Anderson for a kennel to be located at the end of Route 836 in the Stonewall 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 kennel will not be put into operation until the house is constructed and occupied. 4. All animals will be locked inside from 9:00 p.m. until 7:00 a.m. WORKSESSION SCHEDULED Upon motion made by Mr. Stiles and seconded by Mr. Golladay, the Planning Commission unanimously voted to have their worksession on August 3, 1987 at 7:00 p.m. rather than on July 28, 1987. ADJOURNMENT There being no other business to discuss, the meeting adjourned. Respectfully submitted, r ack „ hairman 'Robert W. Watkins, Secretary 2465