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PC_12-02-87_Meeting_MinutesMINUTES OF THE MEETING 16y "IPi� 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 December 2, 1987. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; George L. Romine; Kenneth Y. Stiles; A. Lynn Myers; Marjorie H. Copenhaver; S. Blaine Wilson; Manuel C. DeHaven, and Carl M. McDonald Also present were: Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory; and Bray Cockerill, 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 November 18, 1987. Upon motion made by Col. Myers and seconded by Mr. Romine, the minutes of November 18, 1987 were unanimously approved. BIMONTHLY REPORT The Commission and staff discussed pending applications. SITE PLAN REQUESTS FOR ADMINISTRATIVE APPROVAL Mr. Gyurisin said that he had received a request from Dr. Fish for a 30' X 40' addition to the existing building as a shell for flea market activities, to be located at the site of Pucketts Western Shop and Kingdom Farms Animal Hospital, on Interstate 81 and Route 672. Mr. Gyurisin pointed to the existing flea market just south of Route 672. The Commissioners felt that a formal site plan should be submitted for Planning Commission review. COMMITTEE REPORTS Economic Development Commission Mr. Romine updated the Commission on economic development activity. 2582 - 2- Transportation Committee Mr. Golladay reported on the November 30 Transportation Committee meeting. Mr. Gyurisin added that the Transportation Committee passed on a resolution to the Board of Supervisors for industrial access for the Winchester Woodworking site and a resolution for recreational access to Sherando Park to serve the southwestern portion of the property for the pool complex. Comprehensive Plan Subcomittee Mr. Golladay said that the Comprehensive Plan Subcommittee is scheduled to meet on December 8, 1987 to discuss business and industrial land use. CONTINUATION OF THE DISCUSSION ON A REQUEST BY THE FREDERICK COUNTY SANITATION AUTHORITY FOR DETERMINATION OF THE CONFORMANCE OF THE REVISED WRIGHTS RUN /PARKINS MILL SEWER TRUNK LOCATION WITH THE FREDERICK COUNTY COMPREHENSIVE PLAN Action - Tabled Mr. Wellington Jones, Engineer /Director of the Frederick County Sanitation Authority, said that in the fall, the Sanitation Authority proposed to alleviate problems in Stephens Run by pumping sewage from the Wrights Run drainage area (Fredericktowne, Nottoway, The Pines) into the Parkins Mill plant. Mr. Jones said that the initial proposal was to build a pumping station on Wrights Run, pump sewage through a force main to the Greenbriar interceptor, upgrade the sewage line along Lakeside Drive through the Lakeside Subdivision, and then convey it through the Lakeside interceptor to the Parkins Mill plant. He explained that since that time, the Authority evaluated another alternative to determine feasibility. He said that this alternative involved again, installing a pump station on Wrights Run, then having a short force main to the crest of the hill, a gravity sewer line down the drainage area east of Lakeside, and tying into the Lakeside interceptor at that point. Mr. Jones said that construction of the new line was approximately $100,000 cheaper than the previous proposal which involved the excavation and replacement of an active sewer line along Lakeside Drive. He said that the Authority would like to proceed with the new sewer line because it would be cheaper, the Authority would get a better return on its money, and it would minimize disruption for residents of the Lakeside Subdivision. Mr. Jones felt this would be good planning because the majority of the land was located within land already zoned residential. He said that the land also lies completely within the Comprehensive Plan's area designated for residential development. Mr. Jones asked the Commission to approve the construction of this new line as opposed to the expansion or upgrading of the existing line in Lakeside. 2583 - 3 - Mr. Golladay was concerned because the proposal would open up approximately 1,200 acres for possible development. Mr. Jones said that the proposal would provide easier access, but when the Parkins Mill plant and the Lakeside interceptor goes on line, this land would already have sewer available to it and it would just be a matter of the developer extending the line. Mr. Golladay said that his concern was how much the County could absorb by putting a sewer line through and opening up another 1,200 acres for a possible 3,500 -4,000 additional homes with all the services that would need to be provided. Mr. Stiles asked if the new proposal would run any additional sewage through the main lines in Fredericktowne and Mr. Jones said that it would not. Mr. Stiles and other members of the Commission felt that this alternative should have been addressed at the time the proposal to build the Parkins Mill plant was brought to the Planning Commission; and not one proposal presented and another one a couple months later. Mr. Ronald Mislowsky, with G. W. Clifford & Associates, the engineers for the Sanitation Authority, was also present to answer questions from the Commission. Mr. Wilson felt this decision was a matter of timing. He said that if the Sanitation Authority put the line in, there would be immediate sewer availability; but if the developer extended the line, it might take several years to develop. The Commission realized that this area was designated for residential development in the Comprehensive Plan, but they were concerned about rapid development and providing the essential services that would be necessary for residential development. Mr. Stiles suggested that before the Commission make a recommendation, that the Commonwealth Attorney be consulted to research court decisions and give an opinion on what authority the Planning Commission had as far as timing of provision of services. Upon motion made by Mr. Stiles and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table the request by the Sanitation Authority on the conformance of the revised Wrights Run /Parkins Mill sewer trunk location to the Comprehensive Plan until the Commonwealth Attorney could be consulted to research court decisions and to give the Commission his opinion on what authority the Commission had regarding the timing of provision of services. SUBDIVISIONS Final Subdivision Plat of Bedford Village, zoned RP, 6 Acres, located on the north side of Senseny Road across from Glenmont Village in the Shawnee Magisterial District. EMU - 4 - Action - Approved Mr. Watkins said that the plan meets all code and master plan requirements. He added that all VDOT requirements have been met. Mr. Bruce Edens, of Greenway Engineering & Surveying Company, and Mr. Carl Hales, the developer, were 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 final subdivision plat of Bedford Village for single family traditional dwellings and roads in the Shawnee Magisterial District. Final Subdivision Plat of Mill Race Estates, Sections I, II, and III, Zoned RP, 37.136 Acres, located on Route 659 (Valley Mill Road) in the Shawnee Magisterial District. Action - Approved Mr. Watkins said that all applicable subdivision requirements have been met. He added that the plats are drawn in conformance with the approved final master development plan. Mr. Bruce Edens, of Greenway Engineering & Surveying Company, was present as the representative for this application. 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 final subdivision plat of Mill Race Estates, Sections I, II, and III for 105 single- family traditional lots with VDOT streets, public sewer and water facilities, and required open space in the Shawnee Magisterial District. SITE PLANS Site Plan #040 -87 of John Robinson, Zoned M -1, 6.3 Acres, located on Route 11 North of Winchester, at the intersection of Routes 37 and 11 in the Stonewall Magisterial District. Action - Approved Mr. Wilson said that he would abstain from discussion and from voting due to a possible conflict of interest. Mr. Watkins said that all planning, zoning, site planning and parking standards have been met. He said that the applicant has agreed to 2585 - 5 - place a fire hydrant on the site and a site plan has been received showing the location of the hydrant. Mr. Watkins stated that the applicant is proposing a one - story, 6,000 square foot warehouse which will be accessed by a private drive to a state frontage road to the entrance on Route 11. He added that there will be public water, but no public sewer. Although the property was zoned industrial, Mr. Stiles questioned approving industrial sites without access to state - maintained roads. Mr. Stiles and other Commissioners were concerned about the amount of truck traffic that could be generated and traffic safety at the entrance to Route 11, the intersection of Route 37 and 11, and the entrance to Crown Cork & Seal. Mr. Bruce Edens, of Greenway Engineering & Surveying Company, said that the existing gravel private road on the site plan is already being used by Power Tech and Miller Tools. Mr. John Robinson, the applicant, from the Commission. Mr. Robinson noted limited to about one truck per week. was present to answer questions that his truck traffic should be Upon motion made by Mr. DeHaven and seconded by Mr. McDonald. BE IT RESOLVED, That the Frederick County Planning Commission does hereby appove Site Plan #040 -87 of John Robinson, Inc. for a 6,000 square foot warehouse in the Stonewall Magisterial District. The vote on this site plan was: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Stiles, Golladay, DeHaven, Romine NO: Messrs. Myers, Brumback ABSTAIN: Mr. Wilson Due to Mr. Stiles' request for the staff to contact the VDOT regarding their schedule for upgrading the intersection, Mr. Golladay moved to refer this site plan to the Board of Supervisors. This motion was seconded by Mr. DeHaven, but lost due to the following vote: YES (TO REFER TO THE BOARD): Messrs. DeHaven, Golladay, Stiles NO: Mrs. Copenhaver and Messrs. Romine, Myers, McDonald, Brumback ABSTAIN: Mr. Wilson PUBLIC HEARINGS Rezoning #036 -87 of Ronald Feathers to rezone 2.047 acres from A -2 (Agricultural General) to B -2 (Business General) for an auto sales lot with 2586 - 6 - a 500 square foot office building, located on Route 522 North and Route 789 at Albin, in the Gainesboro Magisterial District. Action - Denied Mr. Watkins stated that the proposed location may be appropriate for B -2 zoning in terms of proximity to other business uses; however, it is probably inappropriate in terms of possible impacts on surrounding residential properties and therefore, the staff recommends denial. Mr. Ronald Feathers was present to answer questions from the Commission. Chairman Brumback called for anyone wishing to speak in opposition and the following people came forward: Pastor Conrad Christianson, representing Bethel Lutheran Church at Albin, was opposed for the following reasons: 1) the proposed use was inappropriate for a residential neighborhood; 2) property values would decrease; 3) the proposed use was not environmentally friendly; and 4) the possibility of increased drainage problems. Raymond Edwards, adjoining property owner, was opposed because the area was primarily residential. He noted that there was less than 150 feet between his front door and the proposed car lot. Mr. Edwards presented a letter from another adjoining property owner and a petition from those residents who were directly in sight of the lot. Mr. Stiles moved that the letter and petition be made a part of the official record. This motion was seconded by Mr. Golladay and passed unanimously (inserted at end of Feathers discussion). Mrs. Barbara Kidwell, adjoining property owner, was opposed for all reasons previously mentioned and also because of her small children. Mrs. Kidwell asked all those persons in the audience who were opposed to raise their hands (approximately 20 -30 persons). Mr. Watkins read another petition presented to him and Mr. Stiles moved to make it a part of the official record. This motion was seconded by Mr. Golladay and passed unanimously (inserted at end of Feathers discussion). Pastor Cletus Palmer, representing the Faith Revival Center, was opposed because it would add to a traffic problem they are experiencing with persons using their lot to turn around. Mr. Palmer also presented a petition of people opposing the rezoning (inserted at end of Feathers discussion). Col. Myers moved to deny the rezoning for the reasons stated by the staff and also to avoid creating congested traffic conditions. This motion was seconded by Mr. McDonald. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny Rezoning Application #036 -87 of Ronald Feathers to rezone 2.047 acres from A -2 (Agricultural General) to B -2 (Business General) for an auto sales lot in the Gainesboro Magisterial District. 2587 - 7 - WM. ERLE EDWARDS ATTORNEY -AT -LAW Retired WINCHESTER, VIRGINIA 22601 December 1, 1987 County of Frederick Departments of Planning and Building Attention: Robert W. Watkins Director Dear Mr. Watkins: My home is located on a lot adjoining the land which is the subject of the above hearing and naturally I am vitally interested in the matter. The present condition of my health prevents my attendance at the meeting and I hope you will give this letter some consideration. I am very much opposed to the requested zoning change. Tn addition to my personal feelings I would also direct your attention to the fact that the village of Albin is a well kept strictly residential community and I feel that the requested change in zoning would be extremely detrimental to all of the residents of the community. Resoectfully, 1 i Wm. Erle Edwards 9M - 8 - December 1-987 hie the undersl�nea op,)osa the rezoning application of :tonald A. Feathers on the 2,047 acre lot betiaeen Route 522 and. 789 to (Business Ueneral) for an Liuto sales lot. 2589 - 9 - Bethel Lutheran Church Bloomery Star Route • Box 117A Winchester, Virginia 22601 (703) 662 -3245 The undersigned members of Bethel Lutheran Church are opposed to the rezoning of 2.047 acres from A -2 (Agricultural General) to B -2 (Business Gneral) for an auto sales lot in Albin which is to be directly across the street from the church's parsonage on Rt. 789. 2590 Conrad J. Christianson, Jr., D. Min. Pastor - 10 - Bethel Lutheran Church Bloomery Star Route • Box 117A Winchester, Virginia 22601 (703) 662 -3245 The undersigned members of Bethel Lutheran Church are opposed to the rezoning of 2.047 acres from A -2 (Agricultural General) to B -2 (Business General) for an auto sales lot in Albin which is to be directly across the street from the church's parsonage on Rt. 789. l -Z'l /�G -f� 2591 Conrad J. Christianson, Jr., D. Min. Pastor - 11 - FAITH REVIVAL CENTER Albin, Va. (703) 667 -0890 vn .aR 9 -.. dT]n vJ Robert W. Watkins Planning Director County of Frederick 9 Court Square Winchester, Va. 22601 Dear Sir: RE:. Rezoning of 2.047 acres from A -2 Agricultural General to B -2 Business General for an auto sales lot. This property is located at Route 522 North and Route 789 at Albin in the Gainesboro Magisterial District. Faith Revival Church is the old Luthern Church just across the- street from the proposed car lot. We, the members of the church, feel that it would be the wrong place for a car lot for several reasons. We were represented at the meeting on December 2 and gave our thoughts on this matter. Sincerely, Cletus Palmer, Pastor Faith Revival Center CPP/kme 2592 U 6�� IAII 9 2593 J - - 0 - «�� C�:� �,��� - 14 - PUBLIC MEETING Revised Preliminary Master Development Plan of the Kerns Lots, Zoned RP, 1.084 Acres, for five lots for four duplex units and one single - family traditional lot, located on Route 831 (Broad Avenue), Lockhart Subdivision, on the south side of Senseny Road, east of Winchester, in the Shawnee Magisterial District. Action - Denied Mr. Watkins noted that the right to mix uses in an existing subdivision of mostly single family uses was approved by the Board of Supervisors on February 11, 1987. He added that the plan meets all applicable master plan and RP Requirements. Mr. Butch Kerns, applicant, said that this revised proposal represented a compromise. Mr. Kerns said that when the narrow lots were proposed, the VDOT recommended curb and gutter; however, with this new configuration, they may not require it. Mr. Stiles said that when the request to mix housing types was approved, it was with the understanding that it would be for two buildings with four units. Mr. Wilson said that he talked with some of the adjoining property owners and they are satisfied with this layout as a compromise. Mr. Wilson then moved for approval and Mr. Romine seconded the motion, but the motion lost due to the following vote: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Wilson, Romine NO: Messrs. Stiles, Myers, Golladay, DeHaven, Brumback Motion was then made by Mr. Golladay and seconded by Mr. Stiles to deny the revised plan and the revised plan was denied by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny the Revised Preliminary Master Development Plan of the Kerns Lots (Lockhart Subdivision) on Broad Avenue for the subdivision of 1.084 acres into five lots for four duplex units and one single - family traditional lot in the Shawnee Magisterial District. YES (TO DENY): Mrs. Copenhaver and Messrs. DeHaven, Golladay, Myers, Stiles, McDonald, Brumback NO: Messrs. Romine, Wilson, Final Master Development Plan #005 -87 of Grove Heights, Zoned RP, 74.359 Acres, located on the north side of Route 50, a short distance from Interstate 81, in the Shawnee Magisterial District. 2595 - 15 - Action - Tabled Mr. Golladay said that he would abstain from discussion and from voting on this plan due to a possible conflict of interest. Mr. Watkins said that the final master plan includes the access road to the east as a part of the plan. He added that the Board of Supervisors approved the master plan with the condition that Sections 5 and 5A be developed first (these sections include the new entrance to Route 781). Mr. Watkins also read a letter from James W. Givens, Public Utilities Director for the City of Winchester, addressed to Mr. John Gregory of Grove Heights Subdivision, stating that because of existing infiltration /inflow problems, and because the Frederick County Sanitation Authority has indicated they can provide service, the City was not comfortable with the prospect of providing water and sewer. Mr. Stiles asked if the plan showed all sewer service going to the Sanitation Authority or if it showed part of it still going to the City. Mr. Watkins said that the current version still shows service going to the City. Mr. Stiles moved to table this request until a revised plan could be submitted showing service going to the Sanitation Authority. This motion was seconded by Col. Myers. BE IT RESOLVED, That the Frederick County Planning Commission does hereby agree to table Final Master Development Plan #005 -87 of Grove Heights until a new plan is submitted showing water and sewer service provided by the Frederick County Sanitation Authority. YES (TO TABLE): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback, DeHaven, Wilson, Romine ABSTAIN: Mr. Golladay Mr. Stiles commented that the Sanitation Authority did not consult the City of Winchester regarding service to this development. Mr. Wilson pointed out that the Sanitation Authority stated that if the City would not provide service, then the County would. Mr. Watkins said that sewer design is not required at the master development stage. Mr. Watkins said that it is necessary to know if sewer service is feasible and the Sanitation Authority said that they could provide it. --------------- -- - - -- DISCUSSION OF RP (RESIDENTIAL PERFORMANCE) ZONING CODE AMENDMENTS Mr. Watkins announced that the joint public hearing of the Planning Commission and the Board of Supervisors on the RP (Residential Performance) District amendments will be held on December 16 at 7:15 p.m. The staff and Commission reviewed changes made to date. Mr. Stiles asked that the Statement of Intent section include 2596 — 16 — language stating that during the preliminary master development plan stage, the Planning Commission and the Board of Supervisors reserve the right to approve the gross density of development on a parcel. Mr. Stiles also requested that a statement be included to say that the Planning Commission reserves the right to determine the order in which phases of development occur. ADJOURNMENT Since there was no further business to discuss, the meeting adjourned at 9:15 p.m. Respectfully submitted, Frank H. Brumback, Chairman ' 4944— k��� Robert W. Watkins, Secretary 2597