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PC_09-06-78_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room, September 6, 1978 PRESENT: C. Langdon Gordon, Chairman; Manuel DeHaven; James Golladay, Jr.; W. French Kirk; Elmer Venskoske; Herbert L. Sluder ABSENT: Frank Brumback; Thomas Rosenberger CALL TO ORDER The Chairman called the meeting to order and proceeded to the first order of business. Minutes of the Meeting -- August 16, 1978 -- Approved with correction. page 505 -- typographical error Upon motion made by James Golladay, Jr. and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the minutes with the one correction. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Chairman -- YES STAFF REPORT A discussion was held by the Commission on the bimonthly report and their consensus was that the report was very helpful. IMPACT STUDY Mr. Berg told the Commission that he had met with Spencer Elmore of Daniel Robinson & Associates and stated that Mr. Elmore has the basic information collected. He stated Mr. Elmore would be making a preliminary presentation to the Commission in October. Mr. Berg told the Commission the firm would be presenting a model in which a representative subdivision mould be used to show the impact the subdivision would be making on the County as far as schools and facilities are concerned. He stated the model would be very useful in determining impacts by proposed developments. - - - - - - - - - - - - - - - - - - - - 507 (P /C 9/06/78) p 2 Amherst Street /Route 50 Study Committee Mr. Golladay told the Commission the County's part of the study showed that the Committee had come up with the same thing as indicated in the Land Use Plan. -- that of agricultural, low density. Mr. Berg told the Commission that the Committee had studied the drainage problem in the area and they had found it was not appropriate for a shopping center as planned in the City's Comprehensive Plan. He noted that the Committee had recommended that the shopping center and high density be removed from the City's plans because of the water and sewer.problems. Upon motion made by W. French Kirk and seconded by Manuel DeHaven BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move that the Committee report be made a part of the minutes. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Chairman -- YES The Commission held a brief discussion and directed Mr. Berg to provide the Board of Supervisors with a copy of the report. The report is attached. ME REPORT OF AMHERST STREET /ROUTE #50 STUDY COMMITTEE AUGUST 1, 1978 REE T. NESTER H. RONALD BERG CITY PLANNING COMPASSION CITY PLANNING COMMISSION COUNTY PLANNING COMMISSION COUNTY PLANNING COMMISSION WINCHESTER PLANNING DIRECTOR ADVISORY MEMBER FREDERICK COUNTY PLANNING DIRECTOR ADVISORY MEMBER AMHERST STREET /ROUTE #50 STUDY AREA REPORT OF JOINT CITY- COUNTY STUDY COMMITTEE Following the formation of this City /County Committee to study the .zoning and planning of the Amherst Street /Route #50 and Route #37 intersection, boundaries were formed for the study area. A copy of these boundaries is attached to this report. These boundaries were selected to create a logical and well - defined study area. COUNTY PORTIONS` OF STUDY AREA The County portion of the study area included both the north and south sides of Route #50 west of the Route #37 interchange, with its western most boundary being an unimproved right -of -way. The southern boundary was the Winchester and Western Railroad. The Committee recommends that the County portion of the study area west of Route #37 remain planned and zoned for low density, agricultural uses. y,yD The Committee recommends that the Merrimans Estates area east of Route #37 remain planned and zoned for low density residential use. CITY PORTION OF STUDY "AREA The City portion of the study area included the north side of Amherst Street from Route #37 to Myrtle Avenue, the south side of Amherst Street, from Route #37 to Merrimans Lane, and the vest side of Merrimans Lane from Amherst Street to the City Limits. The Committee recommends that the north side of Amherst Street from opposite Merrimans Lane to Myrtle Avenue be changed on the Comprehensive Plan from Medium Density Residential and Major Commercial to Residential - Office, to correspond to the existing zoning. This area is adequately served by City utilities. The Committee recommends that all property. on the west side of Merrimans Lane remain as Low Density Residential in the Comprehensive Plan and as. RS -1 in the Zoning Ordinance. This will best preserve the existing character of Merrimans Lane, and will match the County planning and zoning for the adjacent land. The Committee recommends that the Commercial and High Density Residential areas in the Comprehensive Plan on the north side of Amherst Street from opposite Merrimans Lane next to Route r37 be eliminated and replaced with Medium Density Residential on the Future Land Use flap of the Comprehnsive Plan. The following reasons are given for this recommendation: 1. When.the Future - Land Use Map was prepared, adequate study was not made of adequacy of utilities and storm drainage gen- erated by large scale commercial and multi - family development. 2. A large scale commercial development on the north side cannot be adequately served by existing sewer mains (see attached memo from J. W. Givens,' Utilities Superintendent). The only alternative would be to run a sewer main through Pderrimans Estates to Abrams Creek, and along the Creek to the Williamsburg Heights Development, which is clearly not feasible at this time. The City has no capital improvement plans at this time for the expansion or upgrading of the sewer system in this area. 3. Commercial development on the north side of Amherst Street would.increase storm water runoff approximately 200 %, which cannot be handled by current drainage easements and structures. Development of this same area as RS -1 Medium Density Residential would only increase the storm water runoff by approximately 60%, which can more easily be accommodated. 4. The High Density Residential area on the Comprehensive Plan north of the Commercial area would also compound the sewage and storm drainage problem and would also add to the storm drainage along Town Run. 5. The following Goals and Objectives of the Comprehensive Plan support this recommendation: A. Goals for Physical Development, Objective 4 (because Adequate storm drainage cannot be required). B. Goal for Commerce, Objective 3, Policy 2 (because it is not compatible with the design of the surrounding neighborhood). 6. There are sufficient areas in the City that are properly zoned and available for shopping center development. These areas include Berryville Avenue between Baker Lane and Baker . Knight Street on the north side; south and east. of Ward Plaza Shopping Center, and south of Millwood Avenue between Featherbed Lane and I -81, -- - The Committee recommends that the Low Density Residential Land Use classification and RS -1 zoning for the south side of Amherst Street between Route #37 and Merrimans Lane remain. The following reasons are given for this recommendation: 1. The north and south sides of Amherst Street should be planned and zoned residential, and if the Land Use and Zoning for the south side were changed, it would encourage and possibly necessitate changing the zoning on the north side to Commercial (2) or Residential - Office, as the case may be. 2. The strip commercial development that would result if the south side were rezoned to B -2 would create numerous entrances and exits that would hinder the traffic. flow in this area. 3. This would match the adjacent planning and zoning for the City and County. 4. The following Goals and Objectives of the Comprehensive Plan support this recommendation. A. Goal for Commerce, Objective 4, (favors restricting highway commercial areas). The Committee recommends that the nonconforming use section of the Winchester Zoning Ordinance be changed to allow the reconstruction of a nonconforming use without special permission from the Board of Zoning Appeals This is similar to a provision in the Frederick County Zoning Ordinance, and would remove the hardship existing for Bo }ice's Western Shop. It should be pointed out that the Comprehensive Plan is required to be revised every five (5) years, and any changes in the areas discussed above could be reevaluated at the time of revision. (3) l_ April 5, 1978 Amherst Street Rezoning - Availability of Water & Sewer This department has studied the availability of water and sewer along the Amherst Street corridor in accordance with a study area defined by the Planning Departments of Winchester and Frederick County. The availability of water does not appear to be a problem as a good source is available in the area. The routes, sizing, location, and looping of water main extensions will depend largely on how the area is developed and its demand for volume for domestic use and fire flow. Provisions for sanitary sewer will undoubtedly provide the most problems. Several factors have been considered in the development of this report. Factors considered include: (1) Potential development on the south side of Amherst Street within the City. (2) Potential development on the north side -of Amherst Street within the City Limits._ (3) Potential development along the route of the sanitary sewer needed to serve the Amherst Street corridor. (4) Potential development within Frederick County, west of Route 37, which will be served -by -the Frederick - Winchester Service Authority. The area.on the north side of Amherst; - which - consists of approxi- mately 53 acres draining toward Street, must be served by the extension of at least a 12" sanitary sewer from Valley Avenue to Amherst. This main, laid on a 0.5% grade, will carry sewage at a rate of 1250 gpm. Along the - route of the sewer potential development includes Williamsburg Heights, the See- Shockey land, Merrimans Lane,. and Merrimans Estates. Allowing for possible rezoning, 716 gpm capacity should be reserved. Development of the north and south sides of Amherst will require approxi mately 100 -200 gpm capacity depending upon the final zoning recommendatins for the area. The remaining 300+ gpm must be reserved for future county development. The Frederick- {Vin chest er Service Authority's Facilities Plan has indicated that once regional sewage service is available, the most economical method of providing sewage service west of Winchester is through the City. Consideration was given pumping the sewage from the 53 acres on the north side of Amherst to the gravity sewer at ':`errimans Lane and Amherst Street. It is this writer's opinion that this is not a.viable solution for the following reasons: (1) The mains presently serving the area are near capacity. (2) Improvements to the existing system will only provide the additional capacity needed for that land in 11 and Frederick County, west of the Linden Drive - Whittier Avenue intersection, which naturally drains in that direction. One area which could be considered for forcing sewage to the Merrimans Lane - Amherst Street intersection is the property on the south side of Amherst Street. This area will support only 4 -6 lots with minimal sewage flow. If this approach is desired, a reverse grade C.I. force main could be installed from Merrimans Lane to Route 37. Each developer could then install a sewage ejector and pump to the force main. Upon completion of the 12" sewer main described above, the pumps could be abandoned and sewage could gravity flog' to the new 12" main. games ii. Givens Utilities Superintendent A STORM DRAINAGE ON NORTH SIDE OF AMHERST STREET The approximately 50 acres on the north side of Amherst Street drains toward Amherst Street, and then through the Merrimans Estates Subdivision. The current runoff from this property is 61.45 cfs. If developed as RS -1 Residential, the runoff would be 98.3 cfs. or.an increase of 607o. If developed as a combination of commercial or office (10 Ac.) and residential (40 Ac.) the runoff would be 130 cfs. or an increase of 112%. If developed as a shopping center, the runoff would be 188 cfs. or an increase of 2060. MA PROPOSED REVISIONS TO THE NONCONFORMING USE SECTION OF THE WINCHESTER ZONING ORDINANCE The following amendment to the Winchester Zoning Ordinance would allow the reconstruction of a destroyed nonconforming use as a matter of right, instead of requiring a special use permit issued by the Board of Zoning Appeals. If this amendment was adopted, it would mean that Boyce "s Western Shop could be rebuilt if it was destroyed 50% or more. ARTICLE 17 17 -5 RESTORATION OR REPLACEMENT 17 -5 -1 If a nonconforming building or structure or a conforming structure devoted to a nonconforming activity is destroyed or damaged in any manner, it may be repaired or restored, provided that the owners of the property in question shall file with the Zoning Administrator within six (6) months of said destruction or damage a notice of intention to continue the nonconforming use; and provided further that said repair or restoration to continue the nonconforming use in question is commenced within one (1) year of the date of said notice of intention. Otherwise, the nonconforming use in question shall be deemed to have been abandoned. 17 -5 -2 Any nonconforming building or structure shall not be repaired or restored to extend closer to the property lines than the original building or structure, nor shall the floor area be increased to exceed the floor area contained in the original building. (P /C 9/06/78) p 3 Request for amended site plan,:by Bonanza Steak House. Tabled from Meeting of August 16. Action -- Recommend Approval with Corrections. Mr. Berg presented the Commission with the original site plan that had been approved March 29, 1977. He. - _also showed the Commission the amended site plan and told them this amended plan showed existing conditions. He pointed out that the parking spaces to the front and side were too close for a car to maneuver safely. Mr. Berg stated there were a'total of twenty -five (25) spaces. Jerry White, acting manager for Bonanza, and Fred Chason, supervisor, appeared before the Commission. Mr. White stated the parking area was situated on the only land Bonanza had left. Mr. Chason stated that the restaurant had not had any problems with the existing parking lot. A discussion was held about the parking and it was suggested that all parking on the west side of the restaurant against the property line be changed to parallel parking only. Mr. Berg stated that the change in the parking would leave a total of nineteen (19) spaces. A brief discussion was held and Mr. Chason and Mr. White agreed to the changes. Upon motion made by W. French Kirk and seconded by James Golladay, Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval,of the amended site plan with the changes in the parking spaces. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Chairman -- YES SUBDIVISION Subdivision request by Ronald and Jenifer Fox for two lots fronting Route 608. Action -- Recommend Approval Jenifer and Ronald Fox, applicants, appeared before the Commission. Mr. Fox told the Commission he was going to build a house on Lot A Lot B had an existing house. 4111•: (P /C 9 /06/ /B) p 4 Mr. Sluder told the Commission there were no problems with the soil. Mr. Berg stated that the Highway Department had approved the lots and that a dedication of the land for future widening of the road had been made. A discussion was held and it was noted that Route 790 comes to a dead end about three miles from the proposed subdivision. A discussion was held and it was noted that Mr. Fox had a building permit to build on Lot A. Upon motion made by James Golladay, Jr. and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this two lot subdivision. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Chairman -- YES PUBLIC HEARINGS Zoning Map Amendment Petition No. 013 -78 of L. J. Wright,& Son, Inc. P. 0. Box 2980, Winchester, Virginia and the B & 0 Railroad Company 2 North Charles Street, Baltimore, Maryland, requesting that 1.329 acres on the west side of U. S. Route 11 North at intersection with Stines Lane now zoned Residential - Limited District ( -1 ) be rezoned: Industrial - General District ( -2 ). This property is designated as property identification number 54(A)18 and is in the Stonewall Magisterial District. Action -- Recommend Approval Mr. Berg read the application to the Commission. He stated the proposed use for the land would be for warehousing for packaged lube oils and greases. An office and restrooms would be constructed and a parking area would be installed for customers and employees. There would also be gasoline and heating oil storage tanks installed. Mr. Berg stated there would be loading and unloading facilities for the trucks. He told the Commission the tanks would be installed within a dyke in order to meet the standards of the various agencies. 510 (P /C 9/06/78) p 5 Joseph Wright, representing the application, appeared before the Commission and told them the existing tanks along Route 11 north would be moved and put underground on the former Southern States property. Melton Flinn, contractor, appeared before the Commission and stated they would have to meet many restrictions imposed by BOCA, OSHA as well as the State Water Control Board. He maintained that the land would be dyked in case of spills. It was noted that the Wrights' would be leasing property from the B & 0 Railroad. It was also noted that the adjoining property owned by Howard Shockey and Sons, Inc., was zoned M -2. Mr. Sluder commented that there were no problems with the septic system, and stated that the City water and sewer lines were nearby in case the property had problems later on. Mr. DeHaven noted the whole area was zoned heavy industrial. Upon motion made by Manuel DeHaven and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this rezoning request. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Chairman -- YES CONDITIONAL USE PERMITS Conditional Use Permit No. 010 -78 -- request request by Charles Lizer for a fruit market on Route 50 West in Gainesboro District. Action -- Recommend Approval one year permit Mr. Berg told the Commission this request had both Health and Highway Department approval. He stated the property had a conditional use permit for a bar -b -que stand, therefore, if this permit were approved, the former permit should be cancelled. Joe Lizer, applicant, appeared before the Commission and told them he wanted to operate a fruit stand to serve the people in the area. Mr. Lizer stated he would be putting awnings on the front of the building and adding more refrigeration units. 511 (P /C 9/06/78) p 6 Mr. Lizer pointed out that if the business proved to be good he may want to expand the building later on. A Brief discussion was held and the following motion was made by W. French Kirk and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval of a one year permit to the Board of Supervisors and cancel the previous permit for the bar- b -que. The motion passed by the following vote: Kirk; DeHaven; Golladay, Sr.; Venskoske; Chairman -- YES Conditional Use Permit No. 012 -78 -- request by Ronald W. and Denise M. Smith to operate a dog kennel off Route 671 in the Gainesboro Magisterial District. Action -- Recommend Approval -.._-_ year Ronald Smith, applicant, appeared before the Commission and told them he owned A'five`acre-lot which was located on a private road. Mr. Smith stated he was building a house with a private kennel with a six run kennel and with a kennel building that could be expanded to fifteen runs. Mr. Smith stated his wife worked with a vetinarian in Stephens grooming dogs and they would like to conduct the business at home. He told the Commission there could probably be about three or four cars per day added to the road. Mr. Smith noted that he was installing two one thousand gallon tanks for the septic system as advised by the Health Department. He also noted that his house set back approximately two hundred feet which was further than most of the other houses being built. Questions resulted as to the noise nuisance. Mr. Smith pointed out that he could operate a private kennel without the conditional use permit. Mr. Smith told the Commission he would have indoor facilities for the dogs and stated that a "barker" could be confined inside. A discussion was held on the neighbors being informed of the kennel. Mr. Smith told the Commission that his house was being constructed on Lot 7 and he 512 (P /C 9/06/78) p 7 had talked with persons on Lot 8/9 and 6 (and several other lots) and they had voiced no objection. Some Commission members felt that adjoining property owners should be sent certified letters but Mr. Golladay stated that he felt they probably should be notified but he didn't feel the Commission should penalize Mr. Smith by making him wait. Mr. Golladay stated that if the Commission wanted to notify persons of Conditional Use Permits than let it be a policy and all of the applicants would be treated alike. Mr. Berg told the Commission the problem with the kennel would be with the traffic on the private roadway. The Chairman told Mr. Smith that if the permit were approved, the Commission could put a stipulation on the permit that it be reviewed on a yearly basis and if too many complaints were filed, then the permit could be cancelled and the operation would have to cease. Upon motion made by James Golladay, Jr. and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of a one year permit to the Board of Supervisors.of this conditional use permit no. 012 -78 for Ronald & Denise Smith. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Chairman -- YES Conditional Use Permit No. 013 -78 -- request by Blaine Wilson for an off premise sign off Route 50 East. Action - Recommend Approval Mr. Berg presented the Commission with a drawing of the proposed sign. Blaine Wilson, applicant, appeared before the Commission and told them the proposed sign for the Wilson's Pet Farm would be installed and the other signs on the property could be taken down if the Commission so desired. A brief discussion was held and the following motion was made by W. French Kirk and seconded by Manuel DeHaven, 513 (P /C 9/06/78) p 8 BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this conditional use permit no. 013 -78 and direct the other signs on the property be removed. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Chairman -- YEs GENERAL Mr. Golladay stated that he was a little concerned about adopting business zonings on the maps without having the district in the ordinance books. Mr. Berg stated they had purposely postponed working on the ordinance to see if anything had been eliminated. Mr. Berg told the Commission that now would be a good time to work on the districts if they so desired. A brief discussion was held and it was the consensus of the Commission to work on the Business categories and adopt them before finalizing the maps. Announcement was made of the worksession meeting to be held on Tuesday, September 12, 1978 at 7:00 P.M. Adjournment Upon motion made by James Golladay, Jr., seconded by Elmer Venskoske, and approved unanimously, BE IT RESOLVED, THAT THE PLANNING COMMISSION FOR THE COUNTY OF FREDERICK, VIRGINIA DOES HEREBY ADJOURN ITS MEETING: THERE BEING NO .FURTHER BUSINESS. Respectfully Submitted, H. Ronald Berg, Secretary If nn Wulf w �1 .aA1 C. Lang o Gordon, Chairman 514