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PC_02-03-93_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on February 3, 1993. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; Todd D. Shenk, Gainesboro District; S. Blaine Wilson, Shawnee District; Ronald W. Carper, Gainesboro District; Roger L. Thomas, Opequon District; Manuel C. DeHaven, Stonewall District; John H. Light, Stonewall District; and George L. Romine, Citizen at Large. ABSENT: Marjorie H. Copenhaver, Back Creek District; � and Beverly Sherwood, Board Liaison Planning Staff taff present were: Robert W. Watkins, Director /Secretary; W. Wayne Miller, Zoning Administrator; Evan A. Wyatt, Planner 11; and Kris C. Tierney, Deputy Planning Director. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES The First order of business was the consideration of the minutes of January 6, 1993. Upon motion made by Mr. Shenk and seconded by Mr. Thomas, the minutes of January 6, 1993 were unanimously approved as presented. BIMONTHLY REPORT In conjunction with the Bimonthly Report, Mr. Wyatt stated that McDonald's Corporation is proposing an addition to their Route 11 North restaurant. He said that the addition will consist of a small, fenced -in McDonald's play area at the front of the store and an additional drive - through. He said that the staff has required a site plan for this minor addition. 3595 ki Mr. Wyatt said that the staff has agreed to ask, on McDonald's behalf, that the staff be given the authority to proceed with administrative approval, once all reviewing agencies have approved the plan. Chairman Golladay asked if the applicant was aware of the right -of -way through the property. Mr. Wyatt replied that the applicant was aware of that fact. Mr. DeHaven inquired if the applicant had ever purchased additional property towards the northwest corner of their parcel. Mr. Wyatt said that the parcel survey boundary indicated only one parcel. He said that the additional property was either consolidated or was never purchased. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the Planning Commission voted unanimously to allow the staff to administratively approve the site plan for the McDonald's addition, after all the reviewing agencies have given their approvals. Transportation Committee - 2/1/93 Mte_ Mr. Thomas reported that the Transportation Committee discussed safety improvements to Route 636 (Canterbury Road) between Routes 640 and 735. The Committee also discussed revisions to the functional classifications for the road systems in Frederick County, which is a national mandate. A proposal will be forwarded to the Planning Commission for their February 17 meeting. Economic Development Commission Mr. Romine updated the Commission on the activities of the Local Industries Committee, which is made up of a number of retired businessmen who have had substantial positions in their former companies. He said that the job of this Committee over the past year has been to contact local industries and discern what their problems and /or needs are. Mr. Romine said that this endeavor has been remarkably successful and well- received by local industries. Subdivision Application #001 -93 of Henry Business Park by Kim Henry for four lots_ This property is located at the intersection of Baker Lane (Route 1200) and Fort Collier Road and is identified by Parcel ID Numbers 54000OA000097F and 54000OA000097L in 3596 W the Stonewall District. Action - Approved Staff noted that the proposed subdivision of four lots was in conformance with approved Master Development Plan #/005 -91, however, each individual lot would require a site plan for development. It was noted that a deed of dedication would be required for the two narrow strips on either side of Fort Collier Road that are to be used for public street purposes. The staff also noted that stormwater management would be a maior issue during the lot development phase. Mr. Miller said that these four lots border on Fort Collier Road and Baker Lane. He brought the Commission's attention to the entrances on Fort Collier Road. Mr. Miller said that Fort Collier Road is a pretty heavily traveled street. He said that the road has been named "Fort Collier" from Berryville Avenue all the way around across Baker Lane to the intersection of Brooke Road (by the jail) in the industrial park. Mr. Miller said that a portion of that road was built by the developer of Huntington Meadows and all the paperwork has been submitted to VDOT. He said that the staff is anticipating that section of Fort Collier to be in the State's system by March 1. Mr. Edward Dove, the President of Dove & Associates, was present to represent Mr. Kim Henry, the owner /developer. The Commissioners inquired if Fort Collier Road would be widened in the area of the proposed lots. Mr. Dove replied that the original MDP did not call for additional right -of- way, however, VDOT requested additional right -of -way on Fort Collier and Mr. Henry agreed to dedicate the additional footage. Mr. Dove added that as each individual site plan is submitted, the applicant will have to make the necessary right -of -way improvements at that time. The Commissioners also inquired about the stormwater management plan for the area. Mr. Dove said that each individual site plan will have to show stormwater management and underground storage in pipes would most likely be the method used. Considering that this whole area had not been looked at for comprehensive stormwater management and considering how low this area was, the Commissioners felt that a study on drainage potential should be done in this area before any lots were approved. They decided to have the County Engineer, Ed Strawsnyder, take a look at the stormwater situation before the final subdivision plats were signed. Upon motion made by Mr. DeHaven and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application ##001 -93 of Kim Henry for four lots in the Henry Business Park. 3597 4 Conditional Use Permit #001 -93 of Iohn and Rachael Black for a cottage occupation for catalog sales. This property is identified with Parcel ID #19000020000040 and is located 1.3 miles north of Gainesboro on Route 600 in the Gainesboro Magisterial District_ Action - Approved Staff noted that the applicant has represented this application to be catalog sales for Amsoil (a synthetic lubricating oil) from a newly constructed accessory building. The applicant has indicated that the only traffic generated will be occasional delivery vehicles that might be expected at most rural residential locations. The staff felt that if the business was operated within the bounds presented by the applicant, it should have no noticeable impact on the general character of the neighborhood. Mrs. Rachael Black was present to answer questions from the Commission. Mr. Thomas asked if there would be storage on the site. Mrs. Black replied that when an order is taken from a customer, the product is shipped from the supplier, not from the Black's residence. The only oil stored at the Black's residence would be for their own personal vehicles (12 -14 classic, antique, sports). Chairman Golladay called for anyone wishing to speak either in favor or opposition to this conditional use permit and the following persons came forward to speak in opposition: Mr. Nathaniel Smith said that he was the original developer of Pond View subdivision and presented a list of deed covenants. Mr. Smith felt that a catalog business conducted from an office was not permitted under the subdivision's deed covenants. Mr. Joseph Curley, adjoining property owner, said that steel buildings were prohibited by the private deed covenants. He also felt that the business would devalue properties within Pond View subdivision. The Commissioners inquired if the building was newly constructed for the purpose of an office facility for the proposed business. Mrs. Black said that the building was constructed to store their personal vehicles, however, they felt it would be a good tax "write -off" to put a business there. The Commission also wanted to know if Mr. Black would be working on or restoring vehicles on the property. Mrs. Black replied that all of their vehicles are in mint condition and are a part of their own private collection. The Planning Commission advised that they would not become involved in deed covenants since they are private and civil matters between the developer and the property owners. The stated purpose of the Commission was to determine if the proposed CUP would impact the 3598 5 adjoining property owners. Their decision was that the proposed use (catalog sales, no traffic) as presented would not impinge on the adjoining properties. Upon motion made by Mr. Shenk and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #001 -93 of John and Rachael Black for a cottage occupation for catalog sales "with the following condition: 1. Any expansion of the business or facilities used to conduct this business will require a new conditional use permit. The vote on this CUP was as follows: YES (TO APPROVE): Golladay, Carper, Shenk, Thomas, Wilson, Marker, Romine, Light NO: DeHaven ADJOURNED TO A WORKSESSION At 8:05 p.m., the Commission decided to adjourn to a worksession to discuss proposed amendments to Chapter 144, the Subdivision Ordinance, and Chapter 165, Zoning Ordinance. Respectfully submitted, Robert W. Watkins, Secretary l6 Ja es W. Golladay, Jr., G •man 3599