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PC_02-05-92_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 5, 1992. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Manual C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; John R. Marker, Back Creek District; Todd D. Shenk, Gainesboro District; Ronald W. Carper, Gainesboro District; George Romine, Shawnee District; Marjorie Copenhaver, Back Creek District; Roger Thomas, Opequon District; Beverly Sherwood, Board Liaison and James Barnett, City Liaison. Planning Staff present were: Robert W. Watkins, Secretary; Kris C. Tierney, Deputy Planning Director; and W. Wayne Miller, Zoning Administrator CALL TO ORDER Chairman Golladay called the meeting to order at 7:00p.m. ELECTION OF VICE CHAIRMAN ACTION - ELECTION OF JOHN R. MARKER, VICE CHAIRMAN A motion was made by Mrs. Copehaver and seconded by Mr. Romine to nominate John R. Marker as Vice Chairman of the Frederick County Planning Commission for 1992. Mr. Thomas moved that nominations be closed and this motion was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect John R. Marker as Vice Chairman of said Commission for the year of 1992. 3447 2 MEETING MINUTES - DECEMBER 4. 1991 AND DECEMBER 18, 1991 Upon motion made by Mr. Romine and seconded by Mr. Marker, the minutes of December 4, 1991 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, the minutes of December 18, 1991 were unanimously approved as presented. MONTHLY AND BIMONTHLY REPORTS Chairman Golladay accepted the Monthly and Bimonthly Reports for the Commission's information. COMMITTEE REPORTS Appointment of Todd D. Shenk as liaison to the Winchester City Planning Commission Chairman Golladay appointed Todd D. Shenk, Gainesboro District, as the Commissions liaison to the Winchester City Planning Commission. Historic Resources Advisory Board Meeting of 1 /8/92 Mr. Tierney reported that the HRAB discussed some of the issues involved in the development of locally significant recognition of historic properties. Mr. Tierney said that the HRAB has arranged to have a member of the Historic Preservation Committee of Leesburg at their next meeting to discuss a program initiated by Leesburg. Mr. Tierney said that the HRAB's tentative time schedule for the next three to six months is to try and work out a detailed proposal that would be presented to both the Planning Commission and Board of Supervisors. 3448 3 Transportation Committee Mr. Thomas reported that the main topic of discussion was a presentation by Mr. Romine concerning the traffic conditions at the I -81, Route 37, Route 11 North and Route 661 Industrial Intersection. Mr. Thomas said that the intersection is in poor condition and VDOT has been studying it for improvements. PC and BOS Worksession - Rt. 37 Corridor Study Chairman Golladay stated that a joint worksession between the Planning Commission and the Board of Supervisors has been scheduled for February 24 at 7:30 pm. The purpose of the worksession is to review and discuss the five initial alternatives for the Route 37 Corridor and to narrow the selections down to three. MASTER DEVELOPMENT PLANS: Revised Master Development Plan #004 -91 of Wakeland Manor for single family detached and multi- family dwellings in the Shawnee District. ACTION - APPROVED WITH CONDITIONS Mr. H. Edmunds Coleman, I11, attorney representing the developers, Ralph and Rex Wakeman, presented the master plan to the Commission. Mr. Coleman said that this master plan was previously denied by the Planning Commission because Golladay Road was not connected to any of the internal roads within the subdivision. Mr. Coleman said that they have now shown an internal road network that would incorporate Golladay Road into a phased development of the Wakeman property. Mr. Thomas referred to Mr. Coleman's January 7, 1992 letter to Kris Tierney, Deputy Director, which contained the Wakeman's proposed construction plan for Golladay Road and the phased development of the subdivision. Mr. Thomas recommended that wording be added to paragraph 3A to state that upon commencement of development of Phase 4 and any subsequent phases the collector roads would have to be developed. Mr. Thomas felt that Phases 1, 2, and 3 could be built without the collector roads, but any further development would require the construction of the collector road. Mr. Coleman had no problem with changing the wording to reflect this. Mr. Tierney said that the planning staff supports the phased construction as 3449 El described in Mr. Coleman's January 7, 1992 letter; however, there was some concern about paragraphs 4 & 5. Mr. Tierney said that in subsequent discussions with the developer, he felt that an agreement had been reached as to the wording that needed to be placed into paragraph 4 and the need to eliminate paragraph 5. Paragraph 5 implies that construction of Golladay Road will be the responsibility of some entity other than the applicant. He said that while it may be that the actual construction of the road is done by a subsequent owner or developer, in no event will the County undertake construction of the road. Mr. Tierney said that assuming the additional information in terms of the review agencies is provided and the language is revised in the letter and placed on the master development plan itself, the staff is prepared to recommend approval of the plan contingent upon that information being provided. A discussion next ensued on who would be responsible for construction of Golladay Road if adjoining property was developed and required the road's completion for access. The Commission felt that if that situation occurred, the two property owners would need to reach an agreement on payment for the road, as Frederick County would not pay for it. There were no public comments. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the revised master development plan, #004 -91, of Wakeland Manor contingent upon the following changes: 1) Change the wording in the letter from Mr. H. Edmund Coleman, III of January 7, 1992 to Kris C. Tierney, paragraph 3 (a) to state that "Upon commencement of development of Phase 4 and any subsequent phases Wakeman shall dedicate and construct that portion of Golladay Road beginning in the south at Route 642 and running generally north to the intersection with proposed Craig Drive Extended, and Wakeman shall dedicate and construct that portion of proposed Craig Drive Extended running from the proposed intersection with future Golladay Road in a generally eastward direction to the proposed intersection of Craig Drive Extended and the 50' right -of -way (which right -of -way intersects Route 642)." 2) Eliminate paragraph 5. 3) Satisfactorily address all staff and review agency comments including Parks and Recreation and the County Engineer with those revisions being placed on the master development plan. 3450 5 PUBLIC HEARING Conditional Use Permit #001 -92 of Kim A. Nail for retail sales of archery equipment (cottage occupation) in the Gainesboro District. ACTION - APPROVED WITH CONDITIONS Mr. Miller said that the activity is planned to be conducted in an accessory building located adjacent to the applicant's residence which is approximately one fourth of a mile off Route 522 North. Mr. Miller said that the applicant does not own the property, but the landowner has agreed to allow this use on the property. He said that the staff's recommendations are for approval with conditions. Mr. Kim A. Nail, the applicant said that he will work on and tune bows at this location. He said that he has a designated area for shooting bows. There was no public comment. Upon motion made by Mr. Carper and seconded by Mr. Shenk, BE IT RESOLVED, That the Frederick County Board of Supervisors does hereby unanimously recommend approval of conditional use permit #001 -92 of Kim A. Nail for retail sales of archery equipment (cottage occupation) with the conditions listed below. This property is located off of Route 522 North, in the Gainesboro District, and is identified as GPIN 190000A0000027. 1. All outstanding comments from review agencies must be adequately addressed. 2. If the use changes or intensifies to the point of causing traffic problems, a new conditional use permit will be required. Conditional Use Permit #002 -92 of Kim A. Nail for an off premise sign (cottage occupation) in the Gainesboro District. ACTION - APPROVED WITH CONDITIONS Mr. Miller said that the applicant originally erected a sign for his archery 3451 Z sales business on the Virginia Department of Transportation's right -of -way. VDOT directed Mr. Nail to remove the sign and Mr. Nail acquired permission from an adjoining property owner to locate his sign on the adjoiner's property. Mr. Miller said that since Route 522 is a federally aided highway, VDOT requirements dictate that the maximum allowable sign size be 2'x 2'. Mr. Kim A. Nail, the applicant, said that he did have a 4' x 8' sign erected on the VDOT right -of -way, which he was directed to remove. Mr. Nail said that he has since erected a 1' x 2' sign and placed it 55' off the VDOT's right -of -way. There was no public comment. Upon motion made by Mr. Shenk and seconded by Mr. Carper, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval for conditional use permit #002 -92 of Kim A. Nail for an off premise sign (cottage occupation) with the conditions listed below. This property is located off of Route 522 North, in the Gainesboro District, and is identified as GPIN 190000A0000027. 1. The sign shall be maintained in accordance with the requirements of the Frederick County Zoning Ordinance and the Virginia Department of Transportation. 2. If the dimensions of the sign are changed, a new conditional use permit will be required. Conditional Use Permit #003 -92 of John D. Mayhew for the repair and sales of guns (cottage occupation) in the Back Creek District. ACTION - APPROVED WITH CONDITIONS Mr. Miller stated that the activity will be conducted in an accessory building adjacent to the applicant's residence. Mr. Miller said that the applicant has advised that he will not be selling gun powder of any type, but will sell ammunition. He said that adequate off- street parking exits. Mr. Miller further stated that the staff felt the activity would not significantly alter the neighborhood and staff would recommend approval with conditions. Mr. John D. Mayhew, the applicant, stated that he will not carry black powder. He said that he will carry ammunition, black powder supplies and he would like 3452 7 to carry smokeless powder, if the county had no objections or special requirements. After some discussion on Mr. Mayhew's intentions on his proposed sales, Chairman Golladay informed the applicant that both the Fire Marshal and the Building Code Official would be in contact with him. There was no public comment. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of conditional use permit #003 -92 of John D. Mayhew for repairs and sales of guns (cottage occupation) with the conditions listed below. This property is located 2.5 miles south of Route 50 West on Route 259, in the Back Creek District, and is identified as GPIN 370000A0000710. 1. The applicant will adequately address all review agency comments and comply as required. 2. The existing sign will be maintained in accordance with the requirements of the Frederick County Zoning Ordinance. 3. If the current use expands or significantly intensifies, a new conditional use permit will be required. OTHER 1991 ANNUAL REPORT OF THE FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT. Mr. Watkins presented the 1991 Annual Report of the Frederick County Department of Planning and Development for the Commission's information. REPORT ON THE ARCHAEOLOGICAL SURVEY OF THE UPPER OPEOVON 3453 M An archaeological study of the Upper Opequon Creek watershed was conducted from December 1, 1990 through March of 1991. The survey was funded in part through a matching grant from the Virginia Division of Historic Resources, Frederick County, Shenandoah University, and James Madison University. The study was headed by Dr. Clarence Geier, an Anthropology Professor at James Madison University and Dr. Warren Hofstra, Associate Professor of History at Shenandoah University. Drs. Geier and Hofstra were present to speak on the numerous sites of historic and prehistoric activity that were discovered and documented and to review their recommendations regarding those findings. The Commissioners requested that the report be sent to the HRAB to get their recommendations on how the report could be used by the Commission and Board of Supervisors for land use and planning. ADJOURNMENT No further business remained to be discussed and the meeting was adjourned at 9:40 pm. Respectfully submitted, Robert W. Watkins, Secretary Japies W. Golla ay, Jr., Chairman 3454