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PC_06-05-91_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 June 5, 1991. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice - Chairman; Manuel C. DeHaven, Stonewall District; John Marker, Back Creek District; Carl M. McDonald, Gainesboro District; Douglas Rinker, Citizen at Large; Marjorie H. Copenhaver, Citizen at Large; and George L. Romine, Citizen at Large; Kenneth Y. Stiles, Board Liaison. ABSENT: Roger Thomas, Citizen at Large; S. Blaine Wilson, Shawnee District Planning Staff present: Robert W. Watkins, Secretary; Kris C. Tierney; and W. Wayne Miller. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. The first order of business was the consideration of the minutes of May 1, 1991. A correction was made to page #3- -the action on CUP #003 -91 was incorrectly written as "tabled" and should have been "approved." Upon motion made by Mr. McDonald and seconded by Mrs. Sherwood, the minutes of May 1, 1991 were unanimously approved as amended. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Coin mission's information. COMMITTEE REPORTS Comprehensive Plan Mrs. Sherwood reported that the committee discussed the rezoning impact study. She said that the Committee will be meeting again on Thursday, June 6, at 11:00 a.m. with representatives of the City of Winchester. 3347 2 Sanitation Authority - 5/20/91 Mtg. Mrs. Copenhaver said that the Sanitation Authority conducted their election of officers and re- elected James Diehl as the Chairman. She also reported the following information: 1) the Stonewall storage tank is completed and can be filled; 2) the Route 277 water line is about half complete; 3) discussions are taking place on the joint waste water treatment facility with Stephens City; the two alternatives are to build a plant on Stephens Run to replace the existing water treatment plant and abandon the two existing plants or to build additional capacity at Parkins Mill; and 4) discussion took place on the Stephens City groundwater supply; a feasibility study is necessary to determine if they can obtain a service space large enough to meet unit cost of water production. Mr. Stiles felt it would be useful for both the Planning Commission and the Board of Supervisors to go on record endorsing the expansion of Parkins Mill and using the two plants (Stephens Run and Stephens City Town Lagoon) simply to handle overflow. Transportation Committee - 6/3/91 Mtg. Mr. Tierney said that the Committee discussed the possible relocation of Route 728 to accommodate the runway expansion at the airport. Other discussion items included a request for traffic counts on Middle Road and complaints about flooding at the bridge on Sulphur Springs Road. Mr. Stiles said that the Board of Supervisors met on June 3 with Chris Lloyd from Maguire & Associates on the contract for the engineering and design work on Route 37. He said that the Board will vote on that contract at their meeting on Tuesday, June 11. PUBLIC MEETING Preliminary Master Development Plan #001 -91 of The Center /Shenandoah University for an event center, academic building and dormitory on property zoned HE and located in the Shawnee District. Action - Approved Mr. Ronald Mislowsky with G. W. Clifford & Associates, was the representative for this master plan and Shenandoah University. Mr. Mislowsky said that during the pre- 3348 3 application conference on this plan, the Commission was concerned about access to the site. The University's 60' wide right -of -way through Price Drive to the site is currently a small residential cul -de -sac. He stated that upon recommendation from the Commission, the University met with the owners of the Holiday Inn and an agreement has been reached that Holiday Inn will dedicate land to the University for purposes of constructing a separate entrance into the site. Mr. Mislowsky said that another concern was the flood issue along Abrams Creek and whether one of the dormitories drawn on the plan was located in the floodplain. Mr. Mislowsky said that the County's engineer, Ed Strawsnyder, visited the site and determined that during the construction of I -81, a considerable amount of shale fill was added; and at this time, the location of the dormitory is out of the floodplain. He said that at the time of site development, a full floodplain study will be undertaken to determine the actual height of the floodplain in that area. Mr. Mislowsky said that the other area of concern was the adequacy of parking. He said that Clifford & Associates conducted a survey of similar facilities of this size and their conclusion was that 650 parking spaces would be adequate. Regarding the parking issue, Mr. Stiles suggested that arrangements be made to accommodate overflow vehicles at other campus parking sites. The staff's recommendation was for approval of the MDP, contingent upon all review agency comments and staff comments being met prior to final approval. Mr. Golladay presented a letter from Mr. Randy Bernstein concerning the entrance right -of -way. Upon motion by Mr. Romine and second by Mrs. Sherwood, the letter was made a part of the minutes (see end of minutes). Chairman Golladay called for public comment and the following persons came forward: Mr. Bill Carl, 1104 Harvard Drive, said that his residence is not screened or buffered from the site. Mr. Carl felt that the county should not give blanket approval on all College requests, but should enforce the same requirements needed for residential development. He was also concerned that there would not be adequate parking. Mr. Christopher Miller, 1562 Price Drive, was not in favor of using Price Drive as the main entrance to the site. Mr. Miller suggested that if the college wants to use this entrance, that it be limited to emergency vehicles and faculty. Mr. Hugh Price, 1134 Harvard Drive, requested that Price Drive be equipped with a gate so that emergency vehicles could access the site, but not the general public. The Commission felt that the Price Drive access should be restricted for use by 3349 9 the general public because of the residences and the narrowness of the street. They also felt that screening was needed along Mr. Carl's residence. Upon motion made by Mr. DeHaven and second by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary MDP #001 -91 of "The Center" by the Shenandoah University for an event center, academic building and dormitory on 14 acres, zoned HE, located adjacent and east of U.S. I -81 and west of Pembridge Heights in the Shawnee District. Note: Mr. Romine abstained from vote. Preliminary MDP #003 -91 of RT &T for business /commercial use on 29.627 acres, zoned B2, and located in the Back Creek District. Action - Approved Mr. Thomas Glass, one of the owners of the property, came forward and introduced himself and the other two joint owners, Mr. Tom Baker and Ralph Gregory. Mr. Glass said that this plan was originally brought before the Commission in 1988 and at that time, a MDP was not required. Mr. Glass explained his plans for the site to the Commission. Staff noted that it would be preferable for stornnwater management to be addressed prior to final approval of the MDP. Staff recommendations were for approval of the MDP, contingent upon all review agency comments and Planning Staff comments being addressed prior to final approval. The Commission agreed that before Final MDP approval, drainage needs to be indicated for the entire tract. Upon motion by Mr. Marker and second by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary MDP #003 -91 of RT &T for business /commercial use on 29.627 acres, zoned B2, and located on Route 11 South in the Back Creek District. PUBLIC HEARINGS Conditional Use Permit #005 -91 of Leda J. Lizer for a hair salon to be located on Route 789 in the Gainesboro District. 3350 5 Action - Approved Staff noted that VDOT has required that a commercial entrance be provided and the applicant has indicated they will comply. Staff recommendations were for approval under the condition that all review agency requirements be met prior to beginning operations. Mr. Joe Lizer and Mrs. Leda Lizer were present. Mr. Lizer said that the Health Department indicated that the existing drainfield was not adequate, so they installed a new drainfield. He added that off - street parking would be provided. The Planning Commission discussed the fact that someone needed to live in the house for this application to be classed as a cottage occupation. Since the applicant intended to have an apartment in the upstairs portion of this house and the apartment dweller will be an employee in the salon, the Commission indicated this would qualify. They also directed that the .Ordinance Subcommittee consider amending the Zoning Ordinance to permit beauty salons in the Rural Area Zoning District by right. Upon motion by Mr. McDonald and second by Mr. Rinker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve CUP #005 -91 of Leda J. Lizer for a hair salon to be located on Route 789 in the Gainesboro District with the following conditions: 1. Requirements of all review agencies will be met prior to beginning operations. 2. Adequate off street parking will be provided for customers. Conditional Use Permit 8006 -91 of Alice V. Burleson for a Cottage Occupation for Silk / Flower Arranging at Shawneeland in the Back Creek District. Action - Approved Staff noted that this activity could be classed as a home occupation, but for the fact that the applicant desires to advertise with a sign on premise. The applicant will make the silk flower arrangements in her home and deliver them to the customer. Staff said that there should be no adverse- impact on the natural character of the neighborhood and approval was recommended. Mr. and Mrs. Burleson were present to answer questions from the Commission. Upon motion by Mr. Marker and second by Mrs. Copenhaver, 3351 0 BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve CUP #006 -91 of Alice V. Burleson for a Cottage Occupation for Silk Flower Arranging at Lots 56 and 65 on Aspen Trail in Shawneeland, Back Creek District. No additional conditions were placed on the permit. Renewal of Conditional Use Permit #002 -90 of Carl A. Ay for the Colonial Nursery Farm j located north of Clearbrook in the Stonewall District. Action - Approved Staff noted that during the annual review process of the existing active CUPS, it was determined that Permit 11002 -90 for Colonial Farms Nursery, owned by Mr. Carl C. Ay, Jr., was in violation of the conditions of the permit. The violations were that he did not have a pit privy installed on the property and the required screening was not complete. Staff said that the property was recently inspected and the conditions of the permit have been met. Recommendation from the staff was for approval. Mr. Stiles said that lie received a telephone call from the McGregors, adjoining property owners, concerning screening of the site. Upon motion by Mr. DeHaven and second by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the renewal of CUP 11002 -91 of Carl A. Ay for Colonial Farms Nursery located north of Clearbrook in the Stonewall District. An amendment to the Frederick County Code, Chapter 21, Zoning Ordinance to allow golf driving ranges in the B2 District. Action - Approved Staff reported that the Ordinance Subcommittee considered a request from Mr. Richard Dick to allow golf driving ranges and miniature golf courses in the B2 District. The Subcommittee felt that the two uses were appropriate in B2 and compatible with other B2 uses and recommended approval. Mr. Richard Dick, of Carpers Valley Golf Club, said that they wanted to relocate their golf driving range from the golf course property to adjacent property to free -up areas of the Club for additional parking. 3352 7 Upon motion by Mr. Romine and second by Mr. Rinker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article IX, Business General District (132), Section 9 -1 -2, to amend allowed uses to include golf driving ranges, as follows: Allowed Uses (SIC) Golf Driving Range 7999 Miniature Golf Course 7999 STORMWATER MANAGEMENT RECOMMENDATIONS Mr. Watkins said that the Comprehensive Plan Subcommittee discussed the Frederick County Stormwater Management Evaluation that was done as a preliminary general plan for stormwater management planning in the county. Mr. Watkins presented action recommendations that the Comprehensive Plan Subcommittee prepared as a result of their study. Mr. Watkins reviewed the recommendations with the Commission. The Commissioners were in favor of the recommendations presented. Upon motion by Mr. Romine and seconded by Mr. Rinker, the stormwater management recommendations presented by the Comprehensive Plan Subcommittee were unanimously approved as presented. CANCELLATION OF .JULY 3, 1991 PC MEETING Upon motion by Mr. Rinker and second by Mr. Marker, the Commission unanimously agreed to cancel their July 3, 1991 meeting. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by unanimous vote. Respectfully submitted, 3353 '� 0 6 "V✓ Robert W. Watkins, Secretary A/ 44 Jam s W. Golladay, Jr., ChWnn 3354 PFrEIMM 1050 Kiillwood.:-Pike Winchester, virglnia °:L'601 (703) 667-3300' I June 4, 1991 Dr ' . James Davis, President Sh Urivisrsity 1460 Cblleere Drive Winchester, Virgiria :32601 Re: Shenandoab University Event. Center Site JUN 2 1 1991 Dear Dr. Davis: As owners of the property to the south` of -he proposed Event Center site, we are conimiti:ed to dedi6ate land necessary for an appropriate access -roadway to provide direct access ,from;.. U.S. Route N to the Center site. This required'.strip of land will ' ixtisn �°Irom the . intersection of Tulane, Harvard and Princeton Dilves to the sor theast corner of"Slienandoah University property as shown on your m&4 plan. We look fo;-ward - to working with the bn in this important f Very truly yours, RTIES qftY S� Sr"IOISTEIN BSB:ab cc: Saul H. Bernstein Too Jackson Mik5 Morrison 3355