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PC_05-02-84_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, on May 2, 1984. PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr.1, Vice - Chairman; W. French Kirk; A. Lynn Myers; Manuel C. DeHaved; Kenneth Y. Stiles; Carl M. McDonald; Marjorie H. Copenhaver; John T'. P. Horne, secretary; Stephen M. Gyurisin, advisory . ABSENT: George L. Romine CALL TO ORDER Chairman,Brumback called the meeting to order at 7:00 p.m. The first order of business was the consideration of the minutes of April 18, 1984. Upon motion made by Mr. Myers and seconded by Mr. Golladay, the minutes were passed unanimously as presented. (Mr. Kirk and Mr. Stiles were not present for this vote.) MONTHLY AND BIMONTHLY REPORT The staff reviewed pending applications with the Commission. SITE PLANS Road Profile of Harry F. Stimpson, Jr. for a commercial and residential access road in the Opequon Magisterial District. ACTION - Approved Mr. Horne gave the background material. Mr. Horne noted that this road will initially provide access to a multi - family housing development, Stephens Village, and in the future will provide access to commercial establishments as they develop in the area. Mr. Harry F. Stimpson, Jr. came forward and introduced himself to the Commission. 1887 -2- Mr. Golladay asked Mr. Stimpson if he had reviewed the comments submitted by the Sanitation Department. Mr. Stimpson replied that he spoke with Mr. Wellington Jones and was in agreement with his comments. Upon motion made by Mr. Golladay, seconded by Mr. DeHaven, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve of the Harry F. Stimpson, Jr. Road Profile located on the south side of Route 277 in the Opequon District. JOINT WORKSESSION OF THE PLANNING COMMISSION, THE BOARD OF SUPERVISORS, AND THE ORDINANCE SUBCOMMITTEE Mr. Horne announced a joint worksession of the Planning�Commission, the Board of 'Supervisors, and the Ordinance Subcommittee to be held Monday, May 7, 1984, from 7:00 p.m. to 9:00 p.m. C.I.P. SUBCOMMITTEE REPORT Mr. Horne stated that the C.I.P. Subcommittee was requested by the County Administrator to review a resolution of the Frederick County School Board and make recommendations or comments. Mr. Horne read the C.I.P. Subcommittee's report, as follows: The Subcommittee supports the provision of outside facilities at the James Wood Ridge Campus. The Subcommittee does, however, recommend that the current priority ranking of this project remain the same and that it not be funded prior to projects above it on the Project Priority List. There was much concern expressed by the Commission regarding the School Board's resolution and the Subcommittee's recommendation. Mr. Myers stated that he received many letters regarding this matter. He said that he disagreed with the Subcommittee's findings; however, if the School Board felt that the athletic facilities project was the highest priority project for 1888 -3- them, they should state that fact Other members felt that they were not supplied with all of the necessary facts in order to make an appropriate comment. Mr. Stiles moved that the School Board and the administrative staff meet with the whole Commission at their next meeting on May 16, 1984 to discuss this matter. This motion was seconded by Mr. Myers and passed unanimously. PUBLIC HEARINGS Rezoning Request #003 -84 of Thomas and Barbara Conrad to rezone 10.312 acres from A -2 (Agricultural, General) to B -2 (Business, General) in the Opequon Magisterial District. ACTION - Tabled Mr. Horne gave the background material. Mr. Benjamin Butler, attorney representing Mr. and Mrs. Conrad, came forward and introduced himself to the Commission. Mr. Butler stated that the Conrads wish to expand their existing operation, technically listed as a home for the elderly operating under a five -year conditional use permit, to a nursing home. They have discussed financing with their lenders. The lenders will not supply the money under a conditional use permit because there is no guarantee that the use would not be cancelled. Mr. Charles E. Bass, adjoining property owner, came forward. Mr. Bass was opposed to the rezoning because any number of businesses could locate here if the nursing home closed. He was also concerned about the poor drainage in this area. Mr. Earl L. Layman, adjoining property owner, came forward. Mr. Layman opposed the rezoning because he felt this area was not the proper place for a business. am -4- Mr. Earl W. Shiley, adjoining property owner, came forward and spoke in opposition. Mr. Shiley was concerned about the sewage problem. He was i i also opposed to having a business in a residential area. Mr. Golladay was concerned about the impact on the surrounding residential neighborhood, but he felt this proposal could be conducted under a conditional use permit. Mr. Horne felt that all physical impacts could be addressed by the site plan. Mr. Stiles suggested granting a conditional use permit without a time limit. The only way the permit could be revoked would be if the conditions were violated. Mr. Stiles stated that this would to operate the nursing home without being subject revocation by the.County and at the same time wou amount of control by the County on the operation. other type of B -2 business from being established to operate. give the Conrads the right i to subsequent ld retain a substantial It would also prohibit any if the nursing home ceased Mr. Butler requested that the Conrads' application be tabled so that he could discuss this option with the Conrads. Mr. Golladay moved to table the application until the May 16 meeting. This motion was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Application #003 -84 of Thomas and Barbara Conrad until the meeting of May 16, 1984. Rezoning Application X6004 -84 of Kimerly G. Henry to rezone 3.694 acres from B -1 (Business, Limited) to RP (Residential Performance) in the Shawnee Magisterial District. ACTION - Aproved Mr. Horne read the background material. 1890 -5- Mr. Robert Aitcheson came forward and introduced himself and Mr. Kimerly G. Henry as partners in this proposal. Mr. Aitcheson stated that this proposal is for garden apartments. This land consists of two parcels, both of which have water and sewer. Mr. Aitcheson stated that the buildings will be placed on the second parcel off Senseny Road. I Mr. Henry stated that the front parcel will be seeded with grass and temporarily left vacant. Chairman Brumback called for anyone wishing to speak regarding this application and Mr. Harry Stine came forward. Mr. Stine stated that he owned the corner lot on Williamson Road. He wanted to know how close to his property the apartments would be. Mr. Horne stated that a 200' buffer is required from the lot lines of adjoining single- family homes to the principal structure (residential) of the multi - family development. He added that there must also be 150' of complete open area before any parking areas or accessory structures unless a totally or partially opaque screening is used. Mr. George W. Mann, property owner on Williamson Road, came forward and spoke in opposition to the rezoning. Mr. Mann was opposed to this land being developed and he also felt that Senseny Road could not handle the increase in traffic. Mr. Harano Childs, adjoining property owner, came forward. Mr. Childs was opposed because he felt the buildings would ruin the skyline. Ms. Margaret Pantels came forward and she was opposed to apartments being built here. Mr. Arnold R. Combs was opposed because of the increase in traffic. Mrs. Lennie Mather was opposed because she felt this area should remain as single - family homes only. 1891 Mr. Philip S. Hockman, Jr. was opposed to apartments and felt the property should be developed with single - family homes. Mr. Moses Thompson was opposed to apartment buildings being built on this property Mr. Kirk moved that the rezoning be denied. This motion was seconded by Mr. DeHaven, but was defeated by the following vote: YES: Messrs. Kirk, DeHaven NO: Messrs. Golladay, Myers, Stiles, McDonald, Brumback, and Mrs. Copenhaver Mr. Myers then moved for approval of the rezoning of this property. This motion was seconded by Mr. McDonald. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Application #004 -84 of Kimerly G. Henry to rezone 3.694 acres from B -1 (Business, Limited) to RP (Residential Performance) for nine six -unit multi - family dwellings in the Shawnee Magisterial District. The motion was passed by the following majority vote: YES: Messrs. Golladay, Myers, Stiles, McDonald, Brumback, and Mrs. Copenhaver NO: Messrs. Kirk, DeHaven Rezoning Petition #005 -84 of Douglas E. Russell to rezone .66 acres and .87 acres from RP (Residential Performance) to B -2 (Business, General) in the Stonewall Magisterial District. ACTION - Denied Mr. Horne gave the background information. Mr. David McClure, attorney for the applicant, came forward. Mr. McClure stated that the Russells are having difficulty selling the property as residential property because of the surrounding business and industrial properties. He added that there is no proposed use for the property at present, but they have been approached by persons interested in using the property for business. 1892 -7- Mr. Horne stated that the parcels in question are the rear portion of Lots 1 and 2 and the entire Lot 3. Mr. Langdon Gordon, representative for the Winchester Outdoor Advertising Corporation, came forward. Mr. Gordon stated that Winchester Outdoor Advertising Corporation owns the front portions of Lots 1 and 2. He added that their position is that they are in favor of the rezoning and had they known about the proposal earlier, they would have tried to be included in the rezoning. Mrs. Ruth Smeltzer, owner of Lot 4, came forward and spoke in favor of the rezoning. Mr. Tom Rockwood, attorney, representing 18 petitioners who are owners of 16 of the lots in the Stine Subdivision, came forward. Mr. Rockwood stated that these persons are opposed to the rezoning because (1) the surrounding area is a well kept residential neighborhood; (2) the Russell's property and surrounding properties are bound by a restrictive covenant which provides that the use of the property be restricted to private, single - family dwellings; (3) the adjoining property owners are concerned that a precedent will be set and will result in the destruction of the residential neighborhood. Mr. Rockwood then asked for persons in the audience opposed to the rezoning to stand. Five persons stood to show their opposition. Mr. Thomas Brumback was opposed because of the water problems in the area. Mr. Brumback stated that he talked with some other neighbors and they were opposed, but could not attend the meeting. Mrs. Margaret D. Keesling, owner of Lot 21, was in opposition. She wanted to keep the neighborhood residential. Mrs. Mildred Willingham, owner of Lot 19, was opposed to rezoning. 1893 go Mr. Clatus T. Lofton, owner of Lot 10, was opposed because he felt the rezoning would set a precedent. Mr. Maurice Bollingham was opposed to any type business being established there. Mr. Stiles requested comments from Lawrence R. Ambrogi, the Commonwealth's Attorney, on the restrictive covenant on the Deed of Dedication. Mr. Ambrogi stated that the Board of Supervisors will take the restrictive covenant under consideration, but are not bound by it. Mr. McClure, representative for the Russells, stated that their home would act as a buffer for the adjoining properties. Mr. DeHaven moved to deny this rezoning request. This motion was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Application #005 -84 of Douglas E. Russell to rezone .66 acres and .87 acres from RP (Residential Performance) to B -2 (Business, General) in the Stonewall Magisterial District. Conditional Use Permit #002 -84 of Raymond R. Leckliter, Sr. for a kennel in the Back Creek Magisterial District. ACTION - Approved Mr. Horne gave the background information. Mr. Raymond R. Leckliter, Sr., applicant, came forward and stated that he would like the kennel to board 25 -30 dogs. Mr. McDonald inquired how close the nearest neighbor was and Mr. Leckliter replied one half mile. There being no one wishing to speak in opposition, Mrs. Copenhaver moved for approval. The motion was seconded by Mr. Stiles and was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit X6002 -84 of Raymond R. Leckliter, Sr. for a 1894 boarding kennel with fenced area in the Back Creek 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. An ordinance amendment to the Residential Performance Section of the Zoning Ordinance. This amendment would delete the apartment size requirement from the dimensional requirements for garden apartments. Upon motion made by Mr. Stiles, seconded by Mr. Golladay and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve an ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article 5, Section 5 -5, Dimensional Requirements, Paragraph 5 -5 -11.1 by deleting the following: Average Apartment Size Efficiency 500 square feet 1 Bedroom 655 square feet 2 Bedrooms 950 square feet 3+ Bedrooms 1,330 square feet TRANSPORTATION COMMITTEE RECOMMENDATIONS FOR THE SIX -YEAR SECONDARY ROAD IMPROVEMENT PLAN Mr. Gyurisin stated that these projects will be advertised for public hearing for the Board of Supervisors meeting of May 23, 1984. Major Projects Upon motion made by Mr. Golladay, seconded by Mr. Stiles, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve of the recommendation of the Transportation Committee for major projects to be included in the Six -Year Secondary Road Improvement Plan. 1895 -10- New Hardsurface Roads Upon motion made by Mr. Golladay, seconded by Mr. Stiles, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve of the recommendation of the Transportation Committee for new hardsurface roads to be included in the Six -Year Secondary Road Improvement Plan. Bridges and Other Secondary Roads Upon motion by Mr. Golladay, seconded by Mr. Kirk, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve of the Transportation Committee recommendations for bridges and other secondary roads to be included in the Six -Year Secondary Road Improvement Plan. ADJOURNMENT Mr. Stiles moved to adjourn. This motion was seconded by Mr. Myers and passed unanimously. Respectfully submitted, rank Brumback, Chairman IF o n T. P. Horne, Secretary 1896