PC_03-07-90_Meeting_Minutes® MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in
Winchester, Virginia on March 7, 1990.
PRESENT: Planning Commissioners present were: James W. Golladay,
Jr., Chairman; John Marker, Back Creek District; Manuel
C. DeHaven, Stonewall District; Carl M. McDonald,
Gainesboro District; Roger L. Thomas, Citizen at Large;
George L. Romine, Citizen at Large; Marjorie H.
Copenhaver, Citizen at Large; Douglas Rinker, Citizen at
Large; and Kenneth Y. Stiles, Board Liaison.
Planning Staff present were: Robert W. Watkins,
Secretary; Kris C. Tierney; and W. Wayne Miller.
ABSENT: S. Blaine Wilson, Shawnee District; Beverly Sherwood,
Vice- Chairman.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00
p.m.
MINUTES
Upon motion made by Mr. DeHaven and seconded by Mr.
Thomas, the minutes of February 21, 1990 were unanimously approved
as presented.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the
Commission's information.
The staff announced that the Potomac Edison Company is
proposing an on -site meeting for the West Winchester Substation on
Monday, March 12, 1990 at 2:00 p.m, at the Candy Hill Campground.
Mr. Watkins said that the City of Winchester will be
submitting plans for county review. He noted that those plans will
40 be listed on the Commission's Bimonthly Report.
3066
•
2
COMMITTEE REPORTS
HISTORIC RESOURCES ADVISORY BOARD
Mr. Thomas reported that the H.R.A.B. agreed on the
motion and recommendation that was voted on two weeks ago
concerning the Caleb Heights rezoning request.
Subdivision Request of Fredericktowne Estates, Sections 3 and 4 for
single - family detached urban units on property zoned RP and located
in the Opequon District.
Action - Approval
Mr. Charles E. Maddox, Jr., project engineer, said that
this development was approved prior to RP Zoning. He said that at
the time of approval, the Commission and Board agreed that the open
space could take the form of an open space easement so that a
property owners association would not have to be created for this
final section of Fredericktowne.
Upon motion made by Mr. Thomas and seconded by Mr.
Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve the subdivision request of
Fredericktowne Estates, Sections 3 and 4 for single - family detached
urban units. This property is zoned RP and is located east of
Stephens City and north of Fredericktowne Estates, Sections 1 and
2, in the Opequon District. Before final plat approval, the
following items need addressed: 1) review agency comments; 2)
provide drainage area computations; 3) additional details on
erosion and sedimentation control need to be submitted.
MASTER DEVELOPMENT PLANS
Preliminary Master Development Plan #002 -90 of Richard A. Graber/
Creekside Village for retail specialty stores and professional
office space on 4.7 acres, zoned RP and B -2, and located in the
Back Creek District.
Action - Approved
Mr. Richard A. Graber, the applicant, was present to
3067
IQ
• answer questions from the Commission.
The staff pointed out that this was a proffered master
Plan, contingent upon Board of Supervisors approval of the pending
rezoning application.
The question of access to Route 706 was discussed. The
staff felt that access to Route 706 was inappropriate at this time
because: 1) the type of traffic currently using Route 706, ie. the
Presbyterian church property and RP property; 2) the historical
properties located at the end of Route 706; 3) bringing more
traffic onto Route 706 would only confuse the current traffic
situation; 4) VDOT has already approved a Route 11 access and is
currently in use for Phase I of this project.
Upon motion made by Mr. Marker and seconded by Mrs.
Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve Preliminary Master Development Plan
#002 -90 of Richard A. Graber /Creeks ide Village for retail specialty
stores and professional office space on 4.7 acres, zoned RP and B2
and located at 3151 Valley Avenue in the Back Creek District. This
approval is contingent on: 1) review agency comments being
addressed; 2) engineer's comments regarding drainage being
addressed; 3) placement of appropriate buffer along the south-
western edge of the property; 4) Board of Supervisors approval of
the pending rezoning application.
Action - Tabled
The staff said that the applicant has submitted a letter
requesting that his application be considered at the next Planning
Commission meeting, on March 21, 1990.
Rinker, Upon motion made by Mr. Thomas and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table Preliminary Master Development Plan #014 -89 of
Evans /Snyder until March 21, 1990, per the applicant's request.
--------------- - - - - --
PUBLIC HEARINGS
•
3068
4
® Rezoning Application #002 -90 of Richard A. Graber/ Creeks ide Village
to rezone 1.667 acres in the Back Creek District from RP
(Residential Performance) to B2 (Business General) with proffers.
Action - Approved
The staff noted that this rezoning represents an addition
to an existing business development. The staff reviewed the
proffers with the Commission.
Mr. Richard A. Graber, the owner /applicant, said that he
is proposing 55% professional offices and 45% retail.
There were no public comments regarding this rezoning.
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 Rezoning Application #002-
90 of Creekside Village to rezone 1.667 acres from RP (Residential
Performance) to B2 (Business General) for retail and office uses
with proffers. This property is located approximately 390' west
of Route 11 and on the north side of Route 706 in the Back Creek
District.
Action - Approved
The staff explained that this applicant is requesting a
conditional use permit (CUP) for an auto garage and body repair
activity with a maximum of four employees. The applicant currently
has a CUP to operate a garage and body shop at this location, but
the use is restricted to the existing garage and there are to be
no outside employees. This new application is requesting
utilization of an additional 60' X 70' building and four employees.
The Commissioners discussed the Health Department's
comments stating that they would issue approval only if a gas or
electric -fired toilet was installed. Automobile sales operations
at the site were also discussed.
Upon motion made by Mr. Thomas and seconded by Mr.
Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does
® hereby unanimously recommend approval of CUP #001 -90 of Roy and
Patricia Beatty for a garage and body repair activities on 15.45
3069
5
® acres, zoned RA, and located 1 3/4 mile on Rt. 11, south of
Stephens City on the west side, in the Opequon District with the
following conditions:
1. All repair work shall take place entirely within an enclosed
structure.
2. All exterior storage of parts shall be screened from view of
surrounding properties by a solid artificial or compact
natural screen of at least five (5) feet in height, which
shall be maintained as long as such exterior storage is
conducted.
3. This will be a one -year permit to be reviewed and renewed
annually.
4. If the use, occupancy or ownership of the property changes,
this conditional use permit shall expire and a new conditional
use permit will be required.
5. Hours of operation shall be limited to 7:00 am until 7:00 pm,
Monday through Saturday.
6. Adequate health facilities that meet code requirements must
be provided.
7. Retailing or wholesaling of used vehicles will not be
permitted from this site.
Action - Approved
The staff noted that Health Department recommendations
were for denial until sewage and water matters were resolved.
Health Department recommendations also noted that the portable
toilets on the site could not be used on a permanent basis.
Carl C. Ay, Jr., the applicant, was present to answer
questions from the Commission.
The commissioners and staff discussed the possibility of
a time limit for Mr. Ay to resolve the sewage /water issue. It was
noted that the property would not perc and an alternative sewage
disposal system, either pump and haul or subsurface sewage
disposal, would be required. It was also noted that potable water
would be required.
• Chairman Golladay called for public comment and the
3070
6
® following person came forward to speak in opposition:
Mrs. Sue McGregor and Mr. James McGregor, adjoining
property owners, were opposed because they felt that the character
of their historical house and property would be hurt by Mr. Ay's
commercial establishment. Mrs. McGregor said that the parking lot,
dumping area, and portable greenhouse were all immediately adjacent
to her property without any type of screening. She also noted that
tractor trailers are left running in the parking lot. Mrs.
McGregor said that the side property line is currently under
litigation, including the spring and pond, from which the nursery
draws water.
The Commissioners recognized the improvements Mr. Ay had
made to the appearance of the property over the years. They
recalled that the property used to be littered with old machinery
and truck bodies. However, they also recognized the McGregor's
concerns because of the substantial amount of work they have done
in restoring their home. The commissioners felt that the
residence and the nursery could be compatible if certain conditions
were met.
Upon motion made by Mr. DeHaven and seconded by Mr.
Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve Conditional Use Permit #002 -90 of Carl
C. Ay, Jr. to retail nursery products on property zoned RA and
located one mile north of Clearbrook on the east side of Route 11,
in the Stonewall District, with the following conditions:
1. This is a one -year permit to be reviewed and renewed annually.
2. If the use, occupancy or ownership of the property changes,
this conditional use permit shall expire and a new conditional
use permit will be required.
3. Hours of operation should be limited to 7:00 am to 7:00 pm.
4. Screening from adjoining residences must be provided.
5. Applicant will comply with the Virginia Department of
Transportation entrance requirements and provide adequate off -
road parking for customers.
6. Health Department regulations must be met prior to renewal of
this permit.
7. The parking lot will be moved to the north and there will be
a minimum of 100' from the edge of the parking lot to the
® property line.
3071
Is --------------- - - - - --
Conditional Use Permit #003 -90 of Mariette L. Zucchi for a day care
center in the Shawnee District.
Action - Approved
Ms. Mariette Lee Zucchi, the applicant, said that the day
care center would be a business for profit, not a church operation.
She said that she is currently going through a lease /purchase
option agreement. Ms. Zucchi said that she intends to use central
water and sewer.
The Commissioners discussed the day care operation with
Ms. Zucchi. It was noted that day care centers are regulated by
state agencies and the local department of social services.
Upon motion made by Mr. Romine and seconded by Mr.
Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve Conditional Use Permit #003 -90 of
Mariette L. Zucchi for a day care center at the Calvary Church of
the Brethren, zoned RP, and located on Route 522 South (Front Royal
Road) in the Shawnee District with the following conditions:
1. This is a one -year permit to be reviewed and renewed annually.
2. If the use, occupancy or ownership of the property or business
changes, this conditional use permit shall expire and a new
conditional use permit will be required.
3. The applicant must comply with all local and state
requirements necessary for the day care facility operation.
4. The applicant must comply with the Virginia Department of
Transportation's commercial entrance requirements.
5. The applicant must provide a statement from the owners of the
property verifying that the applicant has permission to use
the property for a day care center.
Conditional Use Permit #004 -90 of Shirley H. Wilson for a cottage
occupation and sign in the Stonewall District.
Action - Approved
Mrs. Shirley H. Wilson, the applicant, described her
® heating and air conditioning business with the Commission.
3072
8
® No public comment was made.
Upon motion made by Mr. DeHaven and seconded by Mr.
Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of Conditional Use Permit
#004 -90 of Shirley H. Wilson for a cottage occupation and located
on Route 11 North, toward Stephenson, approximately 1/2 mile past
Route 761, in the Stonewall District, with the following
conditions:
1. All storage of material shall be in an enclosed structure.
2. This will be a one year permit to be reviewed and renewed
annually.
3. If the use, occupancy or ownership of the property changes,
this conditional use permit shall expire and a new conditional
use permit will be required.
AN AMENDMENT REVISING PORTIONS OF CHAPTER 18 OF THE FREDERICK
COUNTY CODE, SUBDIVISION ORDINANCE.
The staff presented revised portions of Chapter 18 of the
Frederick County Code.
Mr. Stiles expressed concerned about the proposed change
that required family exemptions to be three acres instead of one
acre. He was also concerned about the requirement for Health
Department approval of rural subdivisions.
Chairman Golladay called for public comment and the
following persons came forward:
Mr. Charles W. Orndoff, Sr., property owner, was opposed
to the three -acre minimum lot size for family exemptions.
Mr. Hugh Dailey, property owner, was also opposed to the
three -acre minimum lot size for family exemptions.
Mrs. Lois Kosek was not in favor of dividing a five -acre
lot into five one -acre lots for residences.
Upon motion made by Mr. McDonald and seconded by Mr.
DeHaven, the commissioners unanimously agreed to send the proposed
changes back to the Rural Issues Committee for further study.
C1
3073
9
PREAPPLICATION DISCUSSION WITH REGENCY LAKES ASSOCIATES
Mr. Tony Delbasso, with Driggs Associates, was present
to represent the applicant, Regency Lakes Associates. Mr. Delbasso
said that the applicant will be requesting that the small section
currently developed as mobile home remain and the remainder of the
MH1 be developed as RP. He said that the applicant will also be
requesting that a portion of the property be designated for B2
uses.
It was noted that this application would be reviewed by
the Zoning Review Committee and then presented on a formal basis
to the Planning Commission.
ADJOURNMENT
No further business remained to be discussed and the
meeting adjourned at 10:00 P.M.
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
0 3074