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PC_12-04-91_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 December 4, 1991. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice Chairman; Manual C. DeHaven, Stonewall District; John Marker, Back Creek District; Carl M. McDonald, Gainesboro District; George L. Romine, Citizen at Large; Marjorie H. Copenhaver, Citizen at Large; Todd D. Shenk, Citizen at Large; Roger L. Thomas, Citizen at Large; and James Barnett, City Liaison. Planning Staff taff present were: Robert W. Watkins, Secretary; W. Wayne Miller, Zoning Administrator; and Francis D. Stanley, Planner I. ABSENT: S. Blaine Wilson, Shawnee District; Kenneth Y. Stiles, Board Liaison. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. IS 1101111YI1.y Upon motion made by Mr. Romine and seconded by Mr. McDonald, the minutes of November 6, 1991 were unanimously approved as presented. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Comprehensive Plan Subcommittee Mrs. Sherwood said that the first public meeting on the Comprehensive Plan was held on December 3. She said that discussion centered on transportation and rural issues. 3428 01 Capital Improvements Plan Subcommittee Mr. Romine reported that the Subcommittee met with the School Board to discuss school needs. He said that the next meeting will be December 16. Subdivision Application of Coventry Court for 38 single -family homes to be located on Route 656, north of the intersection of Greenwood Road and Senseny Road, in the Shawnee District. This property is identified by GPIN #55000020000185. Action - Approved Mr. Miller read the background information, agency review comments, and staff recommendations. Mr. Miller clarified that the staff is recommending that Farmington Boulevard be constructed only to the property line and not past the boundaries of this property, to connect to the Abrams Point property. Mr. Edward W. Dove, President of Dove & Associates, the engineers for this subdivision, said that the main issue involved with this development was the need for a road connection to Abrams Point and out to Greenwood Road. Mr. Dove anticipated that the cost of constructing the road (Farmington Boulevard) would be high because of the required grading and culverts, and he felt that construction needed to be coordinated between Coventry Court and Abrams Point. Mr. Dove asked that they be permitted to phase their plan so that development could proceed and revenue could be acquired to offset the cost of constructing the road. He said that in order to accomplish this, they have created a temporary cul -de -sac at the end of Farmington Boulevard and have included two separate sets of stormwater calculations on the plan - -one for Phases II and III and one for Phase I, which includes the extension of Farmington Boulevard. Mr. Dove said that the applicant is agreeable to submitting grading and site plans only for lots 19, 25, 26, 27, and 38, since the buildability of those lots were in question. Mr. Dove was not in favor of doing grading and site plans for all of the lots suggested by the Planning Staff. Mr. Dove also felt it was not reasonable to ask that the entire Farmington Boulevard be bonded before any work was done on the site. He felt it was reasonable to bond the road in sections, according to the phases built. He asked that the development be bonded section by section and that stormwater management be required section by section. 3429 7 Chairman Golladay stated that he would not be in favor of approving any lots that may have water problems without a grading /site plan. Mrs. Elaine Longerbeam, one of the owners of Coventry Courts, felt that the Abrams Point developers were unwilling to participate in the construction of the connecting road at this time. She felt it was unfair for the county to base approval of the Coventry Courts subdivision on the completion of the connecting road. Mrs. Longerbeam felt that each property owner should be required to bond Farmington Boulevard to their own property line. Mrs. Longerbeam also felt it was unreasonable to require grading and site plans for any additional lots other than those originally cited by Mr. Strawsnyder, the County Engineer, in his letter of November 1, 1991 to Dove & Associates. Mr. Harvey E. Strawsnyder, Jr., P.E., Director of Engineering for Frederick County, came forward to address the stormwater issue. Mr. Strawsnyder said that approval the original plan relied on the construction of culverts and an embankment for stormwater management for Section I. He said that because this stormwater management plan relied on connection to the Abrams Point property, the Coventry Courts developers elected to abandon that approach in favor of a modified stormwater management plan for Sections II and III. Mr. Strawsnyder said that he reviewed and approved the calculations submitted. Mr. Dove said that to complicate matters further, a non - vacated residence was located on the Abrams Point property and had a prescriptive easement that ran directly through the proposed stormwater detention culverts. Mr. Charles Maddox, Jr., the engineer for the Abrams Point property, said that they revised their master plan (Abrams Point) to reflect the road connection as suggested by the Planning Commission and Board. Mr. Maddox said that they acknowledge that the road can be built and are not against building the road. Mr. Maddox noted that the connection would result in zero impact problems as far as Abrams Point was concerned. The Commission realized that the construction of Farmington Blvd would be an expensive endeavor, however, its construction was previously agreed to by all the parties involved at the time of master plan approval. Commissioners also felt that because a major portion of the development was in areas of steep slopes and there was also a high potential for stormwater drainage problems, that individual site plans were needed for the lots indicated by the staff. Upon motion made by Mr. Romine and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision application of Coventry Courts for 39 single - family lots on 14.5239 acres with the following conditions and /or requirements being complied with prior to final plat approval: 3430 4 All review agency comments must be adequately addressed. 2. The developer must commit to installation of the culverts in the Farmington Boulevard extended area and construction of the stormwater detention facility in this area. 3. The developer must provide information to prove that lots 24, 25, 26, and 38 are buildable lots. 4. The developer must submit individual lot site /grading plans for lots 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 24, 25, 26, 27, 28, 29, 30, and 38. If lots that are required to have individual site plans are sold to other builders, the developer will be responsible for providing the new owner with the site /grading plan. 5. This entire project will be bonded prior to final plat approval. Bonding will cover the Farmington Boulevard extension and culvert installation. Subdivision Application of Senseny Glen for 161 lots on 67.85 acres zoned RP and located north and adjacent to Senseny Road and east and adjacent to Apple Ridge Subdivision in the Shawnee District. This property is identified with GPIN #650000A0000041 and #650000A0000048. Action - Approved Mr. Miller read the background information, review agency comments, and the staff recommendations. Staff recommendations were for approval on the condition that all review agency comments be addressed prior to approval of final plats. Mr. Ron Mislowsky of G. W. Clifford & Associates, the engineers for the project, presented the subdivision to the Commission. The Commission discussed the fact that stormwater detention facility #2 overlays a major portion of Lot 93 and is also located in an area of a possible street connection to property to the east. They questioned whether or not Lot 93 was buildable. Mr. Mislowsky said that it was their position that lot 93 would not be built on until the pond was moved and the road put in. Mr. Mislowsky said that they felt Lot 93 would require a site plan. He added that they would submit individual site plans for all the lots suggested by the county engineer, plus any additional lots that the county engineer felt was necessary. Mr. Romine moved for approval with the condition that all review agency comments be addressed and that the useability of Lot 93 be resolved prior to approval of final 3431 5 plats. This motion was seconded by Mr. McDonald and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision application of Senseny Glen for 161 single - family detached urban lots on 67.85 acres, zoned RP, with the condition that all review agency comments be addressed and that the useability of Lot 93 be resolved prior to approval of final plats. PUBLIC HEARINGS Conditional Use Permit #012 -91 of Roger and Betty DeHaven for a Cottage Occupation for a well- drilling operation to be located on Route 682 in the Gainesboro District. This property is identified by GPIN #210000A0000037. Action - Approved Mr. Miller said that the DeHavens currently operate their business from a location along Route 522 North, just north of Hogue Creek. He said that Mr. DeHaven's father started the well - drilling business many years ago and it has continued to operate as a legal, nonconforming business. He said that the DeHavens now wish to move the business to their farm located off Route 682. Mr. Miller said that it was the staff's opinion that this would be an acceptable location for this business. Both Roger and Betty DeHaven were present to answer questions from the Commission. Mrs. DeHaven said that their property consists of 75 acres and is not a densely populated area. She said that they have complied with all requests that have been made of them from the reviewing agencies. There were no public comments. Upon motion by Mr. McDonald and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #012 -91 of Roger L. and Betty S. DeHaven for a Cottage Occupation for a well - drilling business with the following conditions: 1. This permit will be reviewed and renewed annually. 2. If the business is to expand or additional employees are hired, a new conditional use permit will be required. 3432 N Conditional Use Permit #013 -91 of Dick Ballenger for an off - premise sign to be located on Route 522 North in the Gainesboro District. This property is identified by GPIN #110000A0000051. Action - Approved Mr. Miller said that the applicant is requesting a conditional use permit for an off - premise business sign to advertise the business of Ballenger's Cash and Carry. Mr. Dick Ballenger was present to answer questions from the Commission. There were no public comments. Upon motion by Mr. McDonald and seconded by Mrs. Sherwood, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #013 -91 of Dick Ballenger for an off - premise sign with the following conditions: 1. The sign must meet the requirements of height, size, spacing, and setbacks as they are listed in the zoning ordinance. 2. The sign must meet the requirements established by the Virginia Department of Transportation. Conditional Use Permit #014 -91 of Robert and Mary Turben for a Cottage Occupation for a locksmith business to be located on Purcell Drive in the Stonewall District. This property is identified by GPIN #53AOOOA0000840 and #53A000A0000850. Action - Approved Mr. Miller said that the applicant's locksmith business has been in existence since September of 1991 and currently has two on- premise business signs. He said that the applicants have stated that they will be receiving assistance from the Federal Government in the form of equipment upon approval of this permit. Robert J. and Mary F. Turben were present to answer questions from the Commission. Mr. Turben said that the government will purchase a small key- cutting machine for him to cut keys by code and some code books. Mr. Turben said that before he could acquire the government contract, he had to have a county permit to operate. Mr. Turben added that he has off - street parking for his business. 3433 7 There were no public comments. Upon motion by Mr. McDonald and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #014 -91 of Robert J. and Mary F. Turben for a Cottage Occupation for a locksmith business with the following conditions: 1. This permit will be reviewed and renewed annually. 2. An increase in the intensity of the use or expansion of the facility for the use will require a new conditional use permit. 3. Existing on- premise business signs must comply to the requirements of the zoning ordinance. 4. No vehicle shall await service longer than twenty four (24) hours. 5. No more than two vehicles awaiting service shall be allowed on the premises at a time. Rezoning Application #009 -91 of Alson and Margarette Smith to rezone 0.965 acres from B2 (Business General) to RP (Residential Performance) for a single- family dwelling. This property is identified by GPIN #420000A000195A and is located on the north side of Fox Drive, adjacent to Fox Ridge Subdivision, in the Gainesboro District. Action - Approved Mr. Watkins said that the site was steep and not well suited for commercial development. He said that the only existing access is on an easement from Fox Drive and there is no direct access to a state - maintained road. Mr. Scott Marsh, an engineer with G. W. Clifford & Associates, was representing this application. There were no public comments. Upon motion by Mr. McDonald and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #009 -91 of Alson H. and Margarette M. Smith to rezone 0.965 acres from B2 (Business General) to RP (Residential Performance) for a single - family dwelling. 3434 n OTHER Letter Received From the Industrial Parks Association of Winchester- Frederick County Mr. Watkins presented a letter from C. Douglas Adams of the Industrial Parks Association to both the City and County governments concerning the repair and maintenance of the entrances to the City and beautification by individual businesses along roadways. Mr. McDonald, Liaison to the Economic Development Commission, said that this subject has been discussed at recent EDC meetings. Route 37 Meeting and Bus Tour Mr. Watkins said that there will be a meeting at 10:00 a.m. on December 17, 1991 regarding Route 37, which will be with State and Federal Resource Agencies. Mr. Watkins said that this is one of the main "kick -off" meetings for the Route 37 study to get key agencies involved. He said that a bus tour will follow the meeting. Mr. Watkins extended an invitation for anyone wishing to attend. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by unanimous vote. Respectfully submitted, r 2a- Robert W. Watkins, Secre ry Jame W. Golladay, Jr., Chairman 3435