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PC_09-02-92_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 September 2, 1992. PRESENT: Planning Commissioners present were: James W. Golladay, Jr'., Chairman; Manuel C. DeHaven, Stonewall District; Ronald W. Carper, Gainesboro District; Todd D. Shenk, Gainesboro District; George L. Romine, Citizen at Large; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; and Beverly Sherwood, Board Liaison. ABSENT: John R. Marker, Vice Chairman /Back Creek District; S. Blaine Wilson, Shawnee District Planning Staff present were: Robert W. Watkins, Planning Director; Kris C. Tierney, Assistant Planning Director; Lanny C. Bise, III, Planner1I; W. Wayne Miller, Zoning Administrator; and Evan A. Wyatt, Planner II 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. Sanitation Authority - 91292 Mtg. Mrs. Copenhaver reported that the Sanitation Authority discussed rate increases and a bond issue. 3547 Historic Resources Advisory Board (HRAB) - 8118/92 Mtg. Mr. Tierney said that the HRAB is working on procedural requirements for master development plans that deal with historic properties. Mr. Tierney said that they plan to present a rough draft to the Comprehensive Plan Subcommittee. Economic Development Committee (EDCI Mr. Romine said that the EDC is continuing with their work on defining the Local Industry Committee Program. I WORKSESSION SCHEDULED FOR SEPTEMBER 23, DISCUSSION ON ROUTE 37 i Chairman Golladay announced a Planning Commission Worksession to discuss Route 37 with the consultants on September 23, 1992. Chairman Golladay said that this will not be a public meeting, although the public is invited to attend. CITIZEN COMMENTS Mr. Bruce Hall of 1.51 Conestoga Lane in Stephens City, Virginia came forward to speak with the Commission. Mr. Hall said that he is considering the purchase of property he is currently leasing for his residence and business. He explained that his business, antique car restoration, is currently operating under a conditional use permit and he wanted to be sure that he could continue to operate his business after he purchases the property. The property is currently owned by Roy Beatty and contains a residence and two commercial buildings - -his antique car restoration and Beatty's body shop. Mr. Hall said that one of the conditions of the CUP is that a new CUP will be required if there is a change in ownership. Mr. Miller noted that an appeal is pending to the Board of Zoning Appeals regarding this property. Chairman Golladay instructed Mr. Hall to make an application to the county for a new conditional use permit. 3548 91 MASTER DEVELOPMENT PLANS Master Development Plan #005 -92 of Preston Plan for 120 garden apartments on property zoned RP (Residential Performance). This property is located south of Route 645, 700' east of Route 522 South, and is identified with PIN #640000A000045B in the Shawnee District. Action - Approved Mr. John Harris of Patton, Harris, Rust & Associates was representing Castle Development Corporation, the applicants. Mr. Harris said that approximately two years ago, a MDP was submitted and approved by Silver Communities for 117 townhouse units on the north side of Route 645 and the plan included 20 acres on the south side of Route 645 for future development. Mr. Harris said that Castle Development Corporation currently has a contract to purchase the 20 acres on the south side. He said that they plan to develop multi - family housing (10 buildings with 12 units /building) with a swimming pool, tot lot, club house, multi - purpose court, and picnic area. Mr. Harris said that the applicant will assume responsibility for constructing utilities. He said that the water line will be brought down Route 645 and the sewering will be done through the Silver Communities' property. Mr. Harris said that the Winchester Regional Airport had three requests from the applicant: 1) to make full disclosure in the lease agreements of the proximity of the airport and possible problems with airport noise; 2) to make full disclosure of same in all marketing materials; 3) some type of noise proofing be added to the buildings constructed. Mr. Thomas said that he would like to see a commitment in writing that stated what type of insulation and factors will be used in sound proofing the buildings and he also requested that the prospective lessees /buyers sign a written statement that they were aware of the proximity to the airport. Mr. Thomas inquired if Silver Communities was aware that the applicant was planning to use the stormwater detention pond that was partially located on Silver Communities' property and he also asked if there was sufficient capacity in the pond to handle both properties. Mr. Harris replied that Silver Communities had a 15' easement agreement around the pond for maintenance and stormwater management. Mr. Harris said that they feel the pond is large enough to accommodate both properties, however, they plan to study this at the site plan stage. Regarding the stormwater detention pond, Mr. Wyatt noted that the county's engineer has stated that a detailed evaluation of the pond will be required before it can be used as a stormwater management pond; a majority of the stormwater from the 22 -acre townhome site flows through the pond; and these flows plus the additional flows from the apartment project should be incorporated in the evaluation of the existing pond. Mr. Wyatt said that the staff recommends approval, provided that common 3549 4 open space and environmentally sensitive land is designated to insure conformance with existing and future development requirements, as well as addressing all review agency comments. Mr. Kenneth F. Wiegand, Executive Director of the Winchester Regional Airport Authority, said that the Authority's position on new residential construction within the Airport Support Area has not changed. For the record, Mr. Wiegand requested that Castle Development Corporation, or its agent, submit their willingness to comply with their requests in writing. Upon motion made by Mr. Romine and seconded by Mr. Shenk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #005 -92 of Preston Place with the stipulation that 1) the applicant submit in writing what type of insulation factors will be used to sound -proof buildings from airport noise; 2) that prospective lessees /purchasers of property be required to sign a written statement that they are aware of the proximity of the airport and the possible problems with airport noise; 3) that full disclosure of the proximity of the airport be made in all marketing materials; 4) that all staff comments and agency comments be addressed. PUBLIC HEARINGS Conditional Use Permit #009 -92 of Charles and Faye Grady for a dog kennel. This property is located on Route 709, off Route 735, and is identified with PIN #850000A0000130 in the Opequon District. Action - Tabled for 30 Days Mr. Miller said that this CUP was tabled at the Planning Commission's August 5, 1992 meeting pending the addressing of several concerns by the Commission. Mr. Miller said that the animal control officer has visited the site and there are some problems that still need to be worked out. He added that the Gradys were also having some difficulties with refinancing their home and were not sure they wanted to continue with the CUP application. Staff recommended that the application be tabled for an additional 30 days. Upon motion by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the tabling of Conditional Use Permit #009 -92 of Charles and Faye Grady for a dog kennel until October 7, 1992. 3550 _,o 5 Conditional Use Permit #011 -92 of P. Dianne McMillian for a cottage occupation for a stencil service and sales by appointment on property zoned RA (Rural Areas). This property is located on Route 636, off Route 641, in the Opequon District and is identified with PIN #860000300000130. Action - Approved Mr. Bise said that the applicant is currently stenciling goods on a consignment basis at another location and now wishes to expand the business to include sales by appointment at her home. The business will be conducted from within the attached garage and will require no additional employees other than the applicant. Mr. Bise said that this application is considered a Cottage Occupation since the applicant will be displaying a sign and there is retail sales involved. He said that adequate parking exists for approximately two customers and the proposed use should have no adverse impacts on surrounding properties. Staff recommendations were for approval with conditions. Mrs. P. Dianne McMillian was present to answer questions from the Commission. There were no public comments. Upon motion made by Mr. Shenk and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #011 -92 of P. Dianne McMillian for a Cottage Occupation for a stencil service and sales by appointment with the following conditions: 1. No structures shall be expanded to contain the use nor new structures constructed to contain the use, unless a revised CUP is obtained. 2. No more than one sign shall be placed along Route 636 and it shall be limited to four square feet. 3. Sales shall be limited to appointments only. 4. Hours of operation shall be limited to 9:00 a.m. - 9:00 p.m. 5. All review agency comments shall be complied with. Cancellation of Conditional Use Permit #025 -79 of Powlen Equipment Company. This 3551 ry CUP for the sales and service of construction equipment was located on the west side of Route 728 (Victory Lane) and on the east end of the Winchester Airport, in the Shawnee District. Action - Cancelled Mr. Miller stated he confirmed with Mr. L. J. Powlen, Jr. on August 13, 1992 that the Powlen Equipment Company would no longer be operating from the Frederick County location and that the permit could be cancelled. Staff recommended cancellation of the permit. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the cancellation of Conditional Use Permit #025 -79 of Powlen Equipment Company. PLANNING COMMISSION RETREAT Mr. Miller announced that the 1992 Annual Planning Commission Retreat will be held on November 14 at the Country Inn in Berkeley Springs, West Virginia. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:50 p.m. by unanimous vote. Respectfully submitted, Robert W. Watkins, Secretary Ja s W. Gol aday, Jr., Chair a 3552