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PC_04-03-91_Meeting_Minutesr MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on April 3, 1991. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice - Chairman; John Marker, Back Creek District; Manuel C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; Carl M. McDonald, Gainesboro District; Marjorie H. Copenhaver, Citizen at Large; Roger L. Thomas, Citizen at Large; and Kenneth Y. Stiles, Board Liaison. Planning Staff present were: Robert W. Watkins, Secretary; Kris C. Tierney, Deputy Director; W. Wayne Miller, Zoning Administrator; and Evan A. Wyatt, Planner II ABSENT: George L. Romine, Citizen at Large; Douglas Rinker, Citizen at Large I CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. Comprehensive Plan - 4/1/91 Mtg. Mrs. Sherwood said that the committee discussed additional items on the preliminary stormwater management plan; considered a request on Route 641 which they determined was in the urban development area; and discussed ideas for getting the public more involved in public meetings. 3274 I 2 Economic Development Commission - 3/28/91 Mta. Mr. McDonald reported that EDC discussed a work program for the upcoming year. Sanitation Authority - 4/2/91 Mtg. Mrs. Copenhaver reported the following actions by the Authority: 1) discarded plan to place the water tank at the Aylor School; proceeding with a northern water line (a 12" line converting to a 14" line under I -81) which will tie in with City line on Route 11 to help the water situation in that part of the county; 2) proceed with a million gallon storage tank to be built on the Authority's land on Route 642 (site plan to be submitted showing their office buildings and the tank); plans for another tank on 277, when needed; 3) Stonewall tank completion date is May 1; 4) by June 14 expect to have plans for Parkins water treatment plant to increase capacity to possibly 1.5 mgd; 5) quarry study expected to be completed this month; 6) Opequon plant upgraded to 6.25 mgd; 7) no citizens attended public hearing on rate increases; rates expected to increase 13 -15 %. Transportation Committee - 4/1/91 Mtg. Mr. Tierney reported that the Committee: 1) reviewed the Secondary Road Improvement Plan- -will be reviewed by PC on 4/17 and then go to Board for a public hearing; 2) received a letter requesting that the Committee attend the preallocation Hearings in Staunton and received a request for an interchange at Middle Road and Route 37; 3) discussed what presentation will be given in Staunton at the Preallocation hearings. JOINT CITY - COUNTY TRANSPORTATION COMMITTEE Mr. Watkins reported that the idea of a joint City- County Transportation Committee has support from both the City and County and the next step is the appointment of committee members. A representative will be needed from both the City and County Planning Commissions, as well as representatives from the towns of Middletown and Stephens City, and two citizen members will also be needed. Mr. Watkins suggested Mr. Stephen M. Gyurisin, the Chairman of the Chamber of Commerce Transportation Committee as a citizen member. Upon motion by Mrs. Copenhaver and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously 3275 I 3 appoint James W. Golladay, Jr. to the Joint City- County Transportation Committee as the Planning Commission liaison and Mr. Stephen M. Gyurisin as Citizen at Large. SCHEDULE FOR UPCOMING WORKSESSIONS The Planning Commission decided to hold worksessions April 22 on the stormwater management plan, in May on rural issues and in June on historic resources. (May and June dates not yet decided) 1991 PRIMARY ROAD IMPROVEMENT PLAN Mr. Wyatt presented the proposed 1991 Primary Road Improvement Plan for Frederick County. He said that the plan was recommended for approval by the Transportation Committee on March 4, 1991 in the same order of priority as the 1990 plan and with no additional projects. Upon motion made by Mr. McDonald and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 1991 Primary Road Improvement Plan as submitted by the Transportation Committee. UPDATE BY PROFESSOR WARREN HOFSTRA ON THE STATUS OF THE UPPER OPEQUON DRAINAGE SHED ARCHAEOLOGICAL SURVEY Warren Hofstra, Shenandoah University Professor, and Clarence Geier, Professor of Archaeology and Anthropology at James Madison University, were present to update the Commission on the status of the Upper Opequon Drainage Shed Archaeological Survey. Professor Hofstra described the initiation of the project and Professor Geier reviewed some of the preliminary findings of the survey. PUBLIC HEARINGS Conditional Use Permit Application #001 -91 of Clifton Brill for a fish hatchery at Star Tannery, Route 603, in the Back Creek District. 3276 I 4 Action - Approved Mr. Miller said that the applicant plans to raise trout from the fingerling stage and stock a pond that will be used for public fishing for pay. He said that ponds will be scooped out from ground level and no dams will be built. He noted that caution will need to be used during construction to protect the adjoining natural stream from sedimentation contamination. Mr. Clifton Brill, the applicant, said that he put up silt fencing to control sedimentation. Mr. Brill said that it will take 14 -16 months before the fish are ready to sell. He said that he will have eight cinder block raceways to raise the fish and one 60' X 250' public pond. There were no public comments. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #001 -91 of Clifton Brill for a fish hatchery on property identified as Parcel 39 on Tax Map 81 in the Back Creek District with the following conditions: 1. This will be a one year permit to be reviewed and renewed annually by the staff, the Planning Commission and the Board of Supervisors. 2. All necessary procedures to protect the adjoining natural stream from sedimentation contamination will be used as required. 3. Adequate space for off road customer parking will be provided. Conditional Use Permit #002 -91 of Larry A Welsh for a public garage without body repair (primarily for the installation of auto glass) on Route 645 in the Shawnee District. Action - Approved Mr. Miller said that the applicant stated that this has been a part -time business for over four years at this location and that he did not realize a permit was required. Staff felt that the business would not change the character and established pattern of development in the area. Mr. Larry Welsh, the applicant, was present to answer questions from the Commission. There were no citizen comments. 3277 I 5 Upon motion made by Mr. Wilson and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #002 -91 of Larry A. Welsh for a public garage without body repair on property identified as Parcel 8 on Tax Map 64E in the Shawnee District with the following conditions: 1. This permit shall be subject to annual review and approval by the staff, Planning Commission and Board of Supervisors and to an annual inspection by the Frederick County Fire Marshal. 2. If the business expands beyond replacement of auto glass and minor auto repairs or adds non - resident employees, a new conditional use permit will be required. 3. No more than two vehicles awaiting service will be kept on the property at any one time. ANNUAL REVIEW. RENEWAL AND /OR CANCELLATION OF ALL CONDITIONAL USE PERMITS THAT HAVE BEEN APPROVED BY THE STAFF, PLANNING COMMISSION AND BOARD OF SUPERVISORS The Commissioners reviewed the list of conditional use permits and the following actions resulted: Upon motion by Mr. McDonald and second by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that the following conditional use permits be eliminated: #012 -80 John & Linda A. Martin - Gun Dealership RE: No longer in operation; Agreed to cancellation) #004 -81 Granville McCauley - Public Garage RE: No longer in operation; Agreed to cancellation) #017 -82 Charles & Nancy Thompson - Garden Supplies & Rentals RE: Upgraded by #001 -89 ' #009 -88 Reading Landscapes - Nursery RE: Property rezoned for desired use 3278 I 6 #011 -83 Roy R. & Patricia G. Beatty - Garage & Body Shop RE: Upgraded by #001 -90 There was no public comment on the above listed conditional use permits. Upon motion by Mr. DeHaven and second by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that the all of the following conditional use permits be renewed for one year: I 3279 CONDITIONAL USE PERMITS BACK CREEK DISTRICT ROUTE NUMBER 608 11S 628 652 1317 50W 50W 628 50W 50W 600 614 621 622 652 616 611 621 652 603 50W 50W 3280 PERMIT NUMBER NAME _ 033 -74 Earl Armel - Mobile Home Park 050 -75 Dowling Co., Inc. - Off Site Sign 068 -76 Betty Peacemaker - Beauty Shop 004 -77 Emory Wilson - Small Engine Repair 006 -77 Ralph W. Poe - Campground 018 -78 Francis & Helen Kowalski - Antique Shop 022 -78 Round Hill Ruritan Club - Sign 012 -79 Alfred L. & Annie Jane Hicks - Wheel Balancing Shop 015 -79 Loring R. Nail - Lawnmower Sales 3� 021 -79 Ralph W. Poe - Campground, Motorhome, Trailer Sales 003 -80 Albert & Sandra Poore - Public Garage 008 -80 Melvin E. Nail - Fix -It Shop 010 -80 Ralph & Veronica Machotka - Sign Shop 025 -80 Robert S. Hawkins - Public Garage 009 -81 Margaret Brown - Beauty Shop 013 -81 Patricia A. Abbott - Beauty Shop 002 -84 Raymond R. Lickliter, Sr. - Kennel 012 -86 John 0. Hahn - Re- establish a Legal Nonconforming Use 011 -87 Ann Marie Beach - Beauty Salon 005 -88 Raymond E. Brill - Sand Mine 006 -88 Gary Ray Hunt - Motorcycle Repair and Sales 008 -88 Steven P. Williams - Equipment Sales ROUTE NUMBER 608 11S 628 652 1317 50W 50W 628 50W 50W 600 614 621 622 652 616 611 621 652 603 50W 50W 3280 6B Back Creek District CUP List Page 2 003 -89 Keplinger Repair Service - Garage 654 and Repair Facility 011 -89 Richard L. & Margaret Goodwin - 50W Public Garage 006 -90 Gregory Investments - Recreational 115 Facility /Golf Driving Range 008 -90 Cacapon Valley Child Care Center- 50W/704 Community Center /Child Care 011 -90 Allen E. Rogers - Lawn Care Office 620 and Warehouse e 3281- 6C t i • CONDITIONAL USE PERMITS OPEQUON DISTRICT PERMIT NUMBER NAME ROUTE NUMBER 018 -74 Ray VanDyke, T. G. Adams 636 Forest Lake Mobile Home Park 019 -74 Leslie Mogle, Bike Shop 647 034 -75 National Trust for Historic 727 Preservation, Mobile Homes 005 -77 James K. Cornell, Battle of Cedar 11S Creek Campground 020 -78 James L. & Donna Powell, Auto 11S Repair and Body Shop 004 -80 Ernest C. Layman, Public Garage 11S 019 -80 Richard J. Scherzinger, Small 179 Meadow Engine Repair 020 -80 M. Lucy Luttrel & Ruth A. Whetzel, 628 Antique Shop 022 -80 Thomas & Barbara Conrad, Convalescent 11S and Nursing Home 024 -80 Lawrence Johnson, Shoe Repair Shop 277 014 -81 William D. & Charlotte A. Payne, 522 Engine Repair Shop 008 -82 Gilbert C. Mills, Sawmill 522 016 -82 John H. Wert, Gas Station 11S 012 -83 James Lofton, CB Repair & Install 277 006 -85 Iva H. Petre, Grocery Store 11S 012 -85 Raymond W. Davis, Jr., Clothing 522 and Misc. Retail Sales 003 -86 Richard S. Russell, Used Car 11S Display 010 -86 Charles & Fay Grady, Kennel 625 3282- .1 Opequon District CUP List Page 2 013 -87 Holiday Motel, Motel Sign 11 & 627 014 -87 Roger L. Mogle, Small Engine 647 Repair 016 -87 Harry A. Downard, Farm Supply Sales 842 002 -89 Thomas J. Gillespie, Auto Repairs 522 017 -89 Richard A. Keeler, Convenience Store 11S & 634 001 -90 Roy & Patricia Beatty - Garage and body repair 11 015 -90 Kenneth D. & Theresa Kovack - Office 1041 and Workshop 017 -90 White Oak Trading Post - Country 277 Store and Campground Pj s 3283 6E Is CONDITIONAL USE PERMITS GAINESBORO DISTRICT 3284 PERMIT NUMBER NAME ROUTE NUMBER 010 -74 Frederick County Fruit Growers 522N Ag. Workers Housing 002 -78 Lake Holiday Country Club - Sign 522N 006 -78 Edward T. & Carol B. Place - 654 Auction House 009 -78 Joseph A. Helsley - Auction House 690 010 -78 Jack and Donna Black - Fruit Market 50W 001 -79 Robert E. DeHaven - Country Grocery 522N 005 -80 Wayne & Betty J. Kerns - 692 Public Garage 011 -80 Charles W. Omps (Ralph Poe) - 50W 005 -81 Off Site Sign Charles A. Strother, Sr. - Used Car 654 Parts and Sales 018 -81 Elmer H. Lauck - Public Garage 522 010 -82 Joseph s. & Lynda DuBose - Garage 522N Farm Equipment and Auto Repair 015 -82 Peter G. & Crystal M. Dassler - 50W Construction & Sales of Utility Bldgs. 018 -82 Jacob Puffenberger - Public Garage 696 010 -83 Talbert F. DeHaven, Jr. - Gun Shop 608 006 -84 Phillip E. Wine - Public Garage 692 007 -84 Shenadoah Valley oil Co. - 522N Service Station 004 -85 Glenn C. Whitacre - Sawmill, Type B 127 008 -85 Charles E. Cochran, Jr. - Small 654 Engine Repair /Outdoor Equip. Sales 002 -86 Kenneth Reed, Jr. - Sign Fox Dr. 007 -86 Ronald J. DeHaven - Public Garage 522N 3284 6F 3285- Gainesboro District CUP List Page 2 008 -86 Robert & Jeanne Spaid - Antique Shop 50W 002 -87 Janet Bissell - Dog Kennel 522N 004 -87 Wray D. & Darlene T. Kimmel - 522N Boarding Kennel 009 -87 Lloyd R. Renner - Off Premise Sign 522N 010 -87 C. Joe Lizer - Off Premise Sign 522N 012 -87 ADG,Inc. - Commercial Outdoor 694 Recreation Center "AKA" 017 -87 Douglas L. Owens - Country General 50W Store /Gas Pumps /Private Residence 018 -87 Theodore P. Hoover - Public Garage 654 and Body Shop 003 -88 007 -88 Westminister - Canterbury - Sign Ronald E. Gordon - Automobile Repair 522N 789 011 -88 Holt Corporation - Radio Station 50W 001 -89 Charles & Nancy Thompson - Garden 739 Supplies and rentals 004 -89 William E. Gill - Heating and Air 852 Conditioning business 005 -89 John E. & Delphia J. Shelly - 522N Retail Sales and Groceries 012 -89 Charles & Dolores Middleton - 522N VCR Repair Shop 013 -89 Richard Dale & Merle D. Kerns - 600/690 Country General Store 014 -89 Robert R. Sheehan, Jr. - Sign Shop 50W 007 -90 Roger Lee Jenkins - Auto Repair 608 Garage 016 -90 Christopher Chisholm & Stephanie 522N Slonaker - Dog Grooming 018 -90 Ernest W. Creek - Public Garage 701 3285- ME 3286- CONDITIONAL USE PERMITS STONEWALL DISTRICT PERMIT NUMBER NAME ROUTE NUMBER 026 -74 Stanford & Inge Co. - Off Site Sign 11 &I -81 055 -76 National Advertising Co. - Sign 7 &I -81 009 -77 Margaret A. Carter - Beauty Shop 661 014 -78 Marcus W. Reid'- Antique Shop 672 017 -78 Frederick County Fair Assc. - 11N Camping, etc. 019 -78 Linwood Heironimus, Jr. - CB /Scanner 672 and Misc. Sales 003 -79 Union Hall, IAMAW Local 2335 - Union 11N Hall 004 -79 Eston L. Keeler - Antique Shop 672 005 -79 Eston L. Keeler - Sign 672 010 -79 David Grim - Home occupation/ 11N Photography 017 -79 Denny's Inc. - Off Site Sign 7E 016 -81 Bernard & Sally McClung - Model Home 739 003 -82 Jerry & Cathy Harris - TV /Video Rental 661 005 -82 Lloyd & Carolyn Roberts - Beauty Shop 1208 020 -82 Joseph C. Smith - Commercial Sign 11N 002 -83 Glenwood Nicholson - Sign 522N 003 -83 Chester S. Webber - Small Engine 661 Repair 004 -83 Marvin D. Hoffman - Saw Sharpening 721 Shop 008 -83 R.D. Brown (Bauserman Oil) - Off I -81 Site Signs 004 -84 Wayne M. Brandt, III - Welding Shop 664 3286- 6x s 3287 Stonewall District CUP List Page 2 008 -84 Nerangis Enterprises Inc. - Off 11N Site Sign 009 -84 Merle L. & Mary A. Swartz - Candy 11N Making and Sales 002 -85 Charles W. & Adriennel L. Schnabel - 670 Art Studio 009 -85 Nansford, Houston, DeWeese - Small Greenfield Woodstain Packaging 013 -85 Roger Fitzwater - Public Garage Warner 001 -86 Cheryl L. Anderson - Kennel 836 Ammended: 10/24/90 = Expansion 013 -86 Joseph C. Smith - Group Adult 7E Retirement Home 007 -87 Regency Lakes Associates - Off 7E Site Sign 008 -87 Regency Lakes Associates - Off 7E Site Sign 004 -88 Joseph C. Smith - Adult Home 7E 013 -88 Cheryl Anderson - Off Site Sign 11N &836 008 -89 Health Equity Resources of 1025 PA Winchester, Inc. - Addition to Avenue Personal Care Home 019 -89 Joanne R. Happ - Art Studio 661 004 -90 Shirley Wilson - Cottage Occupation and Sign 11N 005 -90 Winchester Skating Center - 7E Off Premise Sign 020 -90 Vickie Patterson - Artist Studio 670 s 3287 I 7 There was no public comment on the above listed conditional use permits. Mr. Miller noted that CUP #002 -90 of Carl C. Ay, Jr. for retailing of nursery products on Route 11 North (Colonial Farms Nursery) was granted one year ago and Mr. Ay has still not complied with the conditions of his permit for screening of adjoining residences and for Health Department regulations for the installation of a pit privy. Mr. Miller recommended revocation of the conditional use permit due to Mr. Ay's failure to comply with the conditions of the permit. Commissioners asked whether the hours of operation listed in the conditions were meant to be hours open to the public or hours for deliveries. Staff felt the hours of 7:00 a.m. until 7:00 p.m. included all operations, including deliveries. Mrs. Sherwood said that she had discussions with neighbors who felt there were problems with night time deliveries. The commissioners also felt that the conditions regarding screening of the property were not specific enough. They questioned whether the conditions applied to the permit were for screening additional greenhouse buildings or just the active sales area. Mr. Carl Ay described the screening on his property to the Commission. Mr. Ay said that he planned to have the pit privy installed before the retail sales opens. He said that he has a written permit to install the pit privy, but he has not had the money available for its installation. Chairman Golladay recalled that Mr. Ay was before the Commission last January regarding his inability to meet the conditions of his CUP and Mr. Ay told the Commission at that time that he would install the pit privy. Chairman Golladay felt that if Mr. Ay was having problems meeting obligations he made to the Planning Commission, he should have called one of the members and explained the situation. Chairman Golladay called for public comment and the following persons came forward to speak in opposition to Mr. Ay's operation: Mr. and Mrs. McGregor, adjoining property owners, felt that their house, located along the driveway, had not been properly screened from the business. It was noted that before Mr. Ay started his business, the property was poorly maintained and was an eyesore; however, it was also noted that the Commission had a responsibility to protect adjoining residences. Staff noted that there were two gaps in the screening. Mr. Ay told the Commission that he would take care of the gaps in the screening. Upon motion by Mr. Thomas and second by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby extend [c3�.YI:3 I 0 consideration of CUP #002 -90 of Carl C. Ay, Jr. for retail of nursery products for 30 days to allow Mr. Ay time to take remedial corrective actions necessary to bring his operation into compliance. This would include filling in any gaps within the screening and installing a pit privy as required by the Health Department. Mr. DeHaven abstained from voting. An amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, to amend the exceptions to height requirements in the M1 and M2 Zoning Districts. Action - Approved Mr. Wyatt said that this amendment request was originated by the County Administrator's Office through Don McIlvaine. The Ordinance Subcommittee, along with members of the Economic Development Commission, endorsed the amendment and suggested that the height be increased to 100'. Mr. Wyatt said that Kenneth Wiegand, Director of the Winchester Regional Airport, was contacted for comments and he had the following two concerns: 1. To insure that the AP -1 Section of the Zoning Ordinance would be recognized as the governing document, if such facilities were planned around the airport. 2. To insure that the Airport Authority is notified in writing of all such proposed construction within the Airport Zoning District to assure that airport safety zones are protected from encroachment. Mr. Wyatt said that the staff recommends that automated storage facilities be exempted from the 60' height requirement, but in no case should they exceed 100' in height. There were no public comments. Upon motion by Mr. Thomas and second by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the amendment to the Frederick County Code, Zoning Ordinance, Chapter 21, to revise Article III, Supplementary Use Regulations, Section 3 -1 -2, Height Requirements, to amend the exceptions to height requirements to include automated storage facilities in the M1 (Light Industrial) and M2 (Industrial General) Districts, as follows: 3 -1 -2.1.3 Automated storage facilities in the MI and M2 Zoning Districts shall be exempt from the maximum height requirement. In no case shall the height of these 3289 L I 9 facilities exceed one hundred (100) feet in height. An amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article IX, Neighborhood Business District (Bl), Section 9 -1 -1, Allowed Uses, to allow car washes an allowed use in the BI Zoning District. An amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article III, Supplementary Use Regulations, to create Article 3 -22 to provide use regulations for car washes in the BI (Neighborhood Business) District. Action - Denied Mr. Wyatt said that this amendment was recommended for approval by the Ordinance Subcommittee by a 3 -2 vote that car washes be allowed in the B1 District provided that adequate language regulating the use was provided. Mr. Bill Tisinger, attorney representing Wilson /DeHaven Enterprises, the applicant, said that they are requesting that car washes be allowed in the B1 District under certain ' conditions. He said that those conditions would be that 1) the car wash be manned during all hours of operation and that 2) the hours of operation be specified in the ordinance. Mr. Tisinger presented a list of all B1 zoned properties within the county and photographs of those properties currently in some type of use. Mr. Tisinger also presented copies of letters from adjoining property owners, Dr. William L. Stiebel, John W. Fincham, Jr., Business Manager of Stephens City Funeral Home, Inc., and from Ralph S. Gregory of Gregory's Inc. in support of the zoning amendment. Mr. Wayde Emmart, President of Emmart Oil Company, adjacent property owner to the south of the lot in question, came forward to speak in favor of the zoning amendment. Dr. William L. Stiebel, who has a dental office adjacent to the lot in question, went over the points of his letter submitted to the Planning Commission (attached at end of minutes). Upon motion by Mr. McDonald and second by Mr. DeHaven, the Commission unanimously voted to make the letters a part of the official record. (letters attached at end of minutes) Mr. Steve Knoll, resident of Fredericktowne, came forward to speak in favor of allowing a car wash on the property in lieu of Mr. DeHaven's alternative plans for a strip shopping center. 3290 I io The chairman called for persons wishing to speak in opposition and the following persons came forward: Mr. Ulysses Carriker presented a petition with signatures of over 125 residents and property owners who felt that a car wash was not compatible with BI (Neighborhood Business) zoning and who requested that the amendment be denied. Mr. Carriker read the petition to the Commissioners. Upon motion by Mrs. Sherwood and second by Mr. Wilson, the Commission unanimously voted to make the petition a part of the minutes. (petition attached at end of minutes) Mr. Don Sager, Vice Chairman of the Board of Directors of the First National Bank, authorized to speak on their behalf, and a B1 landowner in Frederick County, felt there were enough B2 areas within the county to accommodate carwashes. Mr. Marshal Conner, neighboring property owner, said that he hoped he would get the same consideration for his property, if he had a similar request. It was the general consensus of the Commission that due to the nature of a car I wash operation, this use was not compatible with a residential neighborhood. Upon motion by Mr. Thomas and second by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of the amendments to the Frederick County Code, Chapter 21, Zoning Ordinance, Article IX, Neighborhood Business District (B1), Section 9 -1 -1, Allowed Uses, to include car washes as an allowed use and Article III, Supplementary Use Regulations, to create Article 3 -22 to provide use regulations for car washes in the B1 (Neighborhood Business) District. 1991 Revisions to the Frederick County Comprehensive Plan. Primary revisions concern historic preservation and rural issues. A map change has been included for an additional business and industrial area on Route 522 South. Action - Approved Mr. Watkins said that because of concerns expressed by the Board of Supervisors, some additional changes have been made to the Comprehensive Plan, as follows: 1) Historic Preservation - The Board expressed the concern that historic preservation regulations should be voluntary on the part of the property owner. They would not wish 3291 I 11 to impose regulations on owners who would not wish to participate. 2) Revised Land Use Map - The Board was concerned about the inclusions of certain properties in the proposed map changes. Affected property owners of the proposed changes have been notified. Upon motion by Mr. McDonald and second by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the changes to the historical section of the Comprehensive Plan. Mr. Watkins next discussed the proposed map changes. Mr. Watkins said that the there is a location on Route 522 South that has a great deal of potential, because of the Inland Port, the Route 37 Extension and other influences, for economic development to meet the county's economic development goals. He said that it is the feeling of the Comprehensive Plan Subcommittee that this will make a valuable location for both commercial development along the road and industrial development to the rear. In order to facilitate this, sewer and water would need to be extended to the area. Mr. Christopher See, adjoining property owner, was concerned about the increase in the assessed value of his property which would increase his property taxes, about portions of adjoiners' properties being taken for right -of -ways for roads and also about the increase in traffic. Mr. Bill Hepler, adjoining property owner, said that the Health Department has said that the ground in this area will not perc; however, their properties are assessed very high, resulting in high taxes. Mr. Hepler was also concerned about portions of his property being taken for right -of -ways for roads needed by developers. In light of some property owners concerns over higher property taxes, the Commission felt that those parcels could be excluded from the industrial district. It was felt that if the property owners wanted to be included at some time in the future, they could do so. Parcels 42, 43, 44, 45 and 47 would be excluded from the proposed new industrial area and parcels 48 and 53 would remain. Upon motion by Mr. Thomas and second by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that the new industrial area of the Comprehensive Plan be amended to make the western boundary consistent with parcel 47's eastern boundary. --------------- - - - - -- 3292 r 12 DISCUSSION WITH MR. DON LAMBORNE CONCERNING A PROPOSED SEWAGE TREATMENT PLANT ON ROGUE CREEK TO SERVE SHAWNEELAND Mr. Watkins said that a Virginia Pollution Discharge Elimination System ( VPDES) permit form and request has been received from Mr. Don R. Lamborne concerning a proposed new sewage treatment plant on Hogue Creek to serve Shawneeland. Mr. Watkins said that it was the staff's opinion that in order to approve the sewage plant, one of the following steps would need to be taken: 1) The Comprehensive Plan would need to be amended to recommend a sewage treatment plant at this location, or 2) The land would need to be rezoned to R5 (Residential- Recreational) Community and plans would need to be approved for the land. Mr. Don R. Lamborne, with the Shawnee Land Utilities Company, Inc., came forward to speak regarding the submittal of a VPDES permit for the discharge of treated wastewater from the Shawnee Land Community. Mr. Lamborne felt the plant was badly needed since many of -the existing lot owners cannot build on their lots since under the new Health Department regulations their land does not perc and septic tanks and drainfields are not allowed in many cases. He said that a central sewage system will help many troubled landowners and ultimately provide the county with a greater tax base. The Commission did not feel that rezoning more land to R5 would be the proper way to deal with this situation. The Commission discussed the size of the plant and whether Hogue Creek could handle the size sewage plant needed. Mr. William Green, President of Shawneeland Property Owners Association, was concerned about the cost to the individual property owners for the installation of this system. Mr. William Still, a past president of Shawneeland Property Owners Association, said that Shawneeland does have a Sanitary District, but does not have a comprehensive plan. Mr. Still felt it was unfair to charge property owners $160 per month for ground that will not perc. He said that the problem needs to be studied, including costs and alternatives, and a solution found. Mr. Gene Janisch, a resident of Shawneeland, felt that there was a density problem and a financial problem at Shawneeland and a comprehensive plan for development was needed. Mr. Janisch requested that residents of Shawneeland be notified by the county of any actions taking place with their development. ' It was generally felt by the staff and commissioners that the matter should be pursued through the Ordinance Subcommittee and the Shawneeland Sanitary Advisory 3293 I I Committee. ADJOURNMENT 13 No further business remained to be discussed and the meeting adjourned at 10:30 p.m. by unanimous vote. Respectfully submitted, 1 I' Robert W. Watkins, Secretary Ja es W. GollZ Jr., Ch irn an 3294 s 13A Dr. William L. Stiebel 5298 Aylor Road Stephens City, Va. 22655 Frederick County Planning Commission March 30, 1991 s t Gentlemen: I am writing this letter in reference to the proposed development of a carwash on Rte 647 by Mr. Frank DeHavan. My interest in this matter stems from the fact that my dental office is immediately adjacent to his property; any development affects my property at least as much as any of the other neighbors. Obviously, the approval of any project should be determined by the ultimate perceived impact on the immediate neighborhood and the community at large. As I understand the situation, Mr. DeHaven has applied for a variance - -or exception to the B -1 zoning restrictions to which his property is subject so that he may build a combination automatic and self -serve car wash. I also understand that Mr. Dehaven has an alternative plan for a small strip shopping center.:,.should his primary request be denied. My initial concern with a carwash was for the increased traffic patterns so close to my office driveway. The increase in volume (not to mention left turns into and out of the new facility) is bound to result in a much more dangerous situation than exists now. I realize, however, that any development will result in the same situation. It doesn't seem fair to reject a proposal because of the highway's inadequacy. I would imagine the state will eventually widen Rte 647 when a sufficient number of accidents occur. Another concern of mine was the preservation of the safety and privacy of all the surrounding neighbors. How would Mr. Dehaven make his facility complimentary to all those around his property. He has assured me and the others who visited him that the following conditions would be met: 1) Screening on his east and north sides would be adequate and esthetic. .Landscaping and fencing would minimize the visual and auditory consequences of the facility. 2) At least one attendant would be present whenever either the automatic or self -care dashes are open. 3) Safety lighting would be adequate and non - obtrusive to the neighbors: 4) Trash facilities would be sanitary and screened by esthetic fencing materials. 5) Building materials, landscaping, and an ongoing maintenance program would assure that this facility would be an acceptable addition to the community now and in 3295 13B i the future. 6) Gates to the facility would be closed and locked after operating hours in order to effectively minimize vandalism and congregating in the area. As great as my concerns for this project are, I will admit that Mr. Dehaven has gone to extensive lengths and expense to satisfy my skepticism. My concern now is with my understanding of the alternative plan for a strip. shopping center. I have seen these plans and my dismay is considerable. By denying one project, the door is open for another over which the planning commission and neighbors have very little influence. I envision a tacky brick veneer and corrugated aluminum shopping center which satisfies only the minimum B -1 requirements. The possibility of increased vandalism, traffic, and noise is great. The greatest fear is the building of an instant slum which will do nothing to enhance the esthetic or safety needs of the community. The matter essentially comes down to a single decision: Allow the development of a carwash under definite, predetermined and developer- accepted conditions, or allow an unrestricted alternative plan over which only the developer and profit motivation have authority. I urge the Planning Commission to consider the options carefully before a decision is reached. It is only through adequate discussion that all parties involved can be satisfied. This is an opportunity for the Commission to exercise great control over a development before it is approved. In my opinion, this is preferable to allowing development without control over those concerns which are so important to the neighbors and community. Sincerely, f r: William L. St L61 el V F 3296 ❑C Sq Stephen pity gumd '54oune ,Qne. JOHN W. FINCHAM Business Manager April 3, 1991 Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Dear Commission Members, Phone (703) 8694072 As the manager of a business in Stephens City, I feel the need for a good car wash in our town. At the present time we must drive from Stephens City into Winchester to have our equipment washed. Having used several car washes in the Winchester area, I have found the facilities and grounds of Frank DeHaven's Auto Laundy to be well— maintained and the staff very courteous and helpful. I feel that Mr. DeHaven would extend the same dedication and pleasing atmosphere to a business in the Stephens City area. Sincerely, ?John4w. Fincham, Jr. Business Manager Stephens City Funeral Home, Inc. L P.O. BOX 7 • 5485 MULBERRY STREET • STEPHENS CITY, VIRGINIA 22655 3297 LAV I 13D "America's Foremost Home Improvement Chain" 0iregolq�r'49 if �. Established 1951 v MR. GEE 5368 Main Street • P.O. Box 520 • Stephens City, Virginia 22655 • Telephone (703) 8693500 • FAX (703) 8697668 Attention: Frederick County Planning Commission As a tax paying citizen and business owner in Frederick County and having visited the car wash on 522 North owned by Nessers, Frank DeHaven and Jim Wilson, I believe that this type business would he suitable at the location specified on Rt. 647 in the present B1 zoning near interchange of 277. L Date Ralph Gregory 3298 ROOFING (COMMERCIAL, RESIDENTIAL, SINGLE PLY) - SIDING (ALUMINUM, VINYL) - CUSTOM TRIM PRIME REPLACEMENT & STORM WINDOWS & DOORS — AWNINGS — PATIO COVERS — FUN ROOMS 13E On behalf of those not in favor of this proposed amendment, I am ` presenting to the Board, a petition bearing the names of over 125 residents and /or property owners ofIFrederick County who believe a car wash is not compatible with other B -1 zoned businesses; and, therefore, respectfully request that the amendment to. the zoning ordinances which would allow car washes under the existing B -1 zoning be denied. As this proposed amendment would affect all B -1 property in the County, signatures have been obtained from all over the County - -Cross Junction, Stephenson, Middletown, Gainsboro, and other areas, as well Plymn Owens whose residents feel they are coming under seige again. As one resident of Plymn Owens remarked, "...a motel, a truck stop, a Pizza Hut, a water tower; now a car wash - -what next.." "Every time we turn around it's something else!" In discussions about this proposed amendment, several issues kept recurring. One issue was that with so many B -2 areas existing throughout the County and so few B -1 areas, couldn't a comparable site for the proposed car wash be located in an existing B -2 area and avoid the hassle of amending the zoning ordinance. The most frequent comment was the threat to the integrity of the B -1 zones. If you allow car washes to be upgraded to. B -1, what is to prevent every other currently classified B -2 business from asking for the same privilege? And, if it is granted to car washes, how can it not be granted to used car lots, garages, quick Tube or tire change establishments - - or any of the other B -2 businesses? If you start chipping away at current B -1 zoning, making an exception here or an exception there, where can you stop? Where do you draw the line? As we understand the current B -1 areas, "The intent of this district is to provide SMALL business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses. Business uses in this district should be SMALL in size and should NOT produce SUBSTANTIAL VEHICLE TRAFFIC in excess of what is USUAL in the residential neighborhoods." By its very nature, a car wash does not meet this criteria. 3299 13F The proposed amendment relates only to hours of operation and an on -site operator during hours of operation. Nothing has been addressed concerning volume of business, aesthetics, lighting, traffic hazards along an already over used, congested road, or the other potential problems surrounding a car wash. Although this proposed amendment will affect every piece of B -1 property in the County, we know where this proposed car wash is projected to be located. We have been told this proposed 5 -bay car wash will handle around 400 to 450 cars per WEEK and will be beautifully landscapped. On the day it opens for business, it may very well be presentable in appearance and handle only 400 or so cars a week. But, who is to say it will continue to be well- maintained. And, what happens when car number 451 rolls through, or car number 650, or the potential of 500 cars a DAY occurs? The general concept of a car wash is not a B -1 type business, regardless of its hours of operation or appearance. You can dress up a mule, put a pretty hat on it—and ride it only during the daytime; but a mule is still a mule; just as a car wash is still a'car wash. Look around you; where are car washes located in other areas of the state or country? Are they in a neighborhood setting? The residents of Plymn Owens have labored long and hard and have appeared before this Board many times in an attempt to try to keep their neighborhood attractive, quiet, safe, and a desirable place in which to live. They do not want, nor, l suspect, do the residents of any other part of. Frederick County want to see a car wash in a B -1 area in their neighborhood. You can help us protect our neighborhood environment and the value of our property. We urge you NOT to open this Pandora's box and allow this amendment,. which will only encourage other B -2 businesses to seek B -1 status. Keep the B -1 zoning as it was originally intended to be, and keep its integrity intact.' Thank you. 3300 13G We, the undersigned residents, property owners, and /or business owners of Frederick County, Virginia; do not feel a car wash is compatible with B -1 zoning. Therefore, we are opposed to the amendment to the county zoning ordinances which would reclassify car washes from B -2 to B -1 zoning. NAME ADDRESS ob7 �/i�nz11� ,CSC/ av�r�e G/ �d� t 3301 435 Jones RA �,� e 13H GaW .t f 3302 We, the undersigned residents, property owners, and /or business owners of Frederick County, Virginia, do not feel a car wash is compatible with B -1 zoning. Therefore, we are opposed to the amendment to the county zoning ordinances which would reclassify car washes from B -2 to B -1 zoning. 13I We, the undersigned residents, property owners, and /or business owners of Frederick County, Virginia; do not feel a car wash is compatible with B -1 zoning. Therefore, we are opposed to the amendment to the county zoning ordinances which would reclassify car washes from B -2 to B -1 zoning. NAME z LsS� Z z 6Sr 1 ADDRESS 5 3 !/P i ZZ6SS .;-17 c z'S > 5303 �oiun�r�c nri.la 5fr�han� ri' /:, IJ il V' )C IC) 0 / �I 13J We, the undersigned residents, property owners, and /or business owners of Frederick County, Virginia, do not feel a car wash is compatible with B -1 zoning. Therefore, we are opposed to the amendment to the county zoning ordinances which would reclassify car washes from B -2 to B -1 zoning. NAME ADDRESS J V /y( " Kj1 �r x G' c, f-- - n [7 � 7 5 IE Q .S3(o (c 0��►y S'TbP/kv �i�'y �/Q Ow. If /J^� y yyp 5' 3/ V 00o w.✓ y (GAT_ t� c, y. 3304 (4 � 1 /l 13K We, the undersigned residents, property owners, and /or business owners of Frederick County, Virginia,.__do_ not—feel-4 car wash is _ compatiblg with_ B -1 zoning. Therefore, we are opposed to the amendment to the county zoning ordinances which would reclassify car washes from B -2 to B -1 zoning. O DRESS a/ L Z. >z� 34 � S u ►as�.� � in ��n -c�. Z2 Go t t 42X Aef& 2j ci�lT i. ft , /'- / ys �'t i o'z �t Src )VF A.4 -L IrY J2,0 Z- A 3 ✓9 /47 Hi AP#V P l • „ ` 15� i� qtr L i,L�� kA 7 AJeAZo off �,f s�,�a�S G // 17, }. 4 J J V J 13L We, the undersigned residents, property owners, and /or business owners of Frederick County, Virginia; do not feel a car wash is compatible with B -1 zoning. Therefore, we are opposed to the amendment to the county zoning ordinances which would reclassify car washes from B -2 to B -1 Toning. NAME ADDRESS 933 i� /ems (� rr G 933 lcy /ems Cf cS�e/�Iisz,� a )k v c,�S�� / - %;— UCH . 11>+,k-4 ;ZG ,�39� d�ye4�•�.A� 3306 FIRST NRTIONRL BRNK TEL: 703- 984 -9120 Mar 6,91 14:24 No.004 P.02i02 13M We, the undersigned residents, property owners, and /or business owners of Frederick County, Virginia; do not feet a car wash is compatible with B -1 zoning. Therefore, we are opposed to the amendment to the county zoning ordinances which would reclassify car washes from B -2to B -1 zoning. NAME i t R, Marls Gwher . Walter'B. 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