PC_06-06-90_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 June 6, 1990.
PRESENT: Planning Commissioners Present were James W. Golladay,
Jr., Chairman; Manuel C. DeHaven, Stonewall District;
John Marker, Back Creek District; S. Blaine Wilson,
Shawnee District; Carl M. McDonald, Gainesboro District;
Douglas Rinker, Citizen at Large; Marjorie H. Copenhaver,
Citizen at Large; George L. Romine, Citizen at Large; and
Kenneth Y. Stiles, Board Liaison.
Planning Staff Present were: Robert W. Watkins,
Secretary; Kris C. Tierney; W. Wayne Miller; and Evan
Wyatt.
ABSENT: Roger L. Thomas, Citizen at Large; Beverly Sherwood,
Vice - Chairman
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 2, 1990. Upon motion made by Mr. Romine and
seconded by Mr. Marker, the minutes of May 2, 1990 were unanimously
approved as presented.
BIMONTHLY AND MONTHLY REPORTS
Chairman Golladay accepted the Monthly and Bimonthly
Reports for the Commission's information.
COMMITTEE REPORTS
ECONOMIC DEVELOPMENT COMMISSION
Mr. Romine reported that groundbreaking has begun at the
Corrugated Container site.
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ORDINANCE COMMITTEE - 5/11/90 MTG.
Mr. McDonald reported that the Ordinance Subcommittee
discussed day care centers as an allowed use in the B -2 District
and worked on a preliminary draft of the subdivision ordinance.
SANITATION AUTHORITY - 6/11/90 MTG.
Mrs. Copenhaver reported that a tour of the Parkins Mill
Plant will be held at 5:30 p.m. on June 11, 1990.
TRANSPORTATION
Mr. Tierney reported that the Transportation Committee
will meet on July 2, 1990 to make a recommendation on the 642
route.
HISTORICAL RESOURCES ADVISORY BOARD
Mr. Tierney reported that the H.R.A.B. will meet June 19,
1990 at the Handley Library with a number of historic preservation
interest groups to discuss possibilities for promoting a historic
weekend.
Subdivision Application of Wakeland Manor, Phase I, for the
division of 32 lots (16.4291 acres) for 32 detached single - family
dwellings north of Route 642 in the Shawnee District.
Action - Approved
Staff noted that the Wakeland Manor Master Development
Plan was approved prior to adoption of the new zoning ordinance,
therefore, the old regulations would apply to this development.
Mr. Edward Coleman was present on behalf of the owners,
the Wakemans.
Upon motion made by Mr. Romine and seconded by Mr.
Marker,
• BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve the subdivision application of Wakeland
Manor, Phase I, for 32 lots for single - family detached dwellings
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in the Shawnee District. (Mr. Rinker was not present for this
vote.)
--------------- - - - - --
Revised Final Master Development Plan and Subdivision Application
for Abrams Pointe (formerly Brookland Estates) for single - family
detached cluster and urban development in the Shawnee District.
Action - Approved
Staff noted that the applicant has revised the master
plan to facilitate the road connection through Coventry Courts to
Greenwood Road, at the Board's and Planning Commission's request.
Mr. Charles Maddox, Jr., project engineer, was present
to represent this application.
Chairman Golladay said that it has been brought to his
attention that there seems to be a problem in the Brookland Heights
Townhouses with the grading and seeding of some drainage ditches.
Chairman Golladay requested that Mr. Maddox, Mr. Watkins and Mr.
Tisinger visit the site to determine a solution to the problem.
Mr. Perry Crable, a resident of Frederick Heights on
Milam Drive, wanted some clarification on the Milam Drive
connection. Mr. Maddox said that the south end of Hunter Run Road
will become Williamson Drive and there will be no connection with
Milam Drive.
McDonald,
Upon motion made by Mr. Romine and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve the Revised Final Master Development
Plan and Subdivision Application for Abrams Pointe (formerly
Brookland Estates) for single - family detached cluster and urban
development located south of Brookland Heights Townhouses and Route
659 (Valley Mill Road) in the Shawnee District.
DISCUSSION ON CHILD DAY CARE SERVICES
As recommended by the Ordinance Subcommittee, the
Planning Commission considered allowing child day care services in
the RA District with a conditional use permit, in the B2 District
as a permitted use, and in the M1 District as an accessory use to
any allowed use in an industrial park. It was noted that the child
care service in the M1 District would need to be clearly sponsored
• by a business or businesses in the industrial area.
The Chairman directed the staff to advertise these
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amendments for public hearing.
JULY SCHEDULE FOR PLANNING COMMISSION MEETINGS
The Commission decided to cancel their first meeting in
July and to hold public hearings on their second meeting, July 18.
PUBLIC HEARINGS
Revocation of Conditional use Permit #011 -89 of Richard L. and
Margaret D. Goodwin for a public garage with body repair located
on Route 50 at Hayfield in the Back Creek District. (This item was
tabled from 5/2/90)
Action - Approved
Staff noted that Mr. Goodwin was still not in compliance
with his conditional use permit as there was approximately 13 -15
inoperable vehicles still unscreened on the property. It was noted
that the Board minutes stated that no abandoned or junk vehicles
were to be stored on the premises, only vehicles waiting for
repair.
Mr. Goodwin felt that he could not feasibly operate under
the conditions imposed and asked that the conditional use permit
be officially pulled and he would go back to operating under his
grandfather clause.
Upon motion made by Mr. Rinker and seconded by Mr.
Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend that Conditional Use Permit #011 -89
of Richard L. and Margaret D. Goodwin be revoked at the applicant's
request.
Conditional Use Permit #006 -90 of Gregory Land Trust, c/o Ralph S.
Gregory, Trustee, for commercial outdoor recreation facilities
(golf, driving range, batting cages, mini -golf, arcade, snack bar)
to be located on Rt. 11 South in the Back Creek District.
Action - Approved
• Staff noted that the applicant has elected to use public
water, which is available on the site, and to install a septic
system suitable to the Health Department.
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Mr. Ralph S. Gregory, the applicant, was present to
answer questions from the Commission on the various facilities
proposed.
Mr. Stiles asked Mr. Gregory if he would be willing to
accept as one of the conditions on the permit that no ABC license
would be applied for on the use. Mr. Gregory said that he would
have no problem doing that.
Mr. Jack Ray, who was working with Mr. Gregory on this
project, noted that the site will be well - landscaped, well taken
care of, and supervised on a daily basis.
Chairman Golladay called for anyone wishing to speak in
opposition to the conditional use permit and the following persons
came forward:
Mr. William Hafstrider was opposed for the following
reasons: 1) the request represented spot zoning; 2) the use was
encroaching on a residential neighborhood; 3) this is a poor perc
area as far as septic system use; 4) will cause a late night
traffic increase; 5) the night use will require high- density site
lighting; 6) noise and crowds.
Mr. Gerald Wakefield, representing Mrs. Petrie, an
adjoining property owner, felt that this use was not in keeping
with the rural, residential character of the neighborhood.
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
#006 -90 of Gregory Land Trust, c/o Ralph S. Gregory, Trustee, for
commercial outdoor recreation facilities (golf, driving range,
batting cages, mini -golf, arcade, snack bar) on Route 11 South in
the Back Creek District, with the following conditions:
1. This permit to be reviewed and renewed annually by the staff,
the Planning Commission and the Board of Supervisors.
Additional conditions may be attached if additional impacts
occur.
2. If the use, occupancy or ownership of the property changes,
this permit shall expire.
3. A formal site plan must be submitted to address parking,
lighting, buffering and all other normal site plan
is requirements.
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4. All RA (Rural Areas) Zoning District setback requirements
must be maintained.
5. The applicant shall comply with all items listed in the
"specifications foresight" listing attached to the
application.
6. Lighting must be directed away from U.S. Route 11 and the
adjoining residential areas.
7. If parking lot is approved to be covered with 21A stone, it
must be upgraded to ordinance requirements, if this property
is rezoned in the future.
8. No ABC License to be applied for at this establishment.
9. Hours of operation will not exceed 11:00 p.m.
10. All Health Department requirements must be met.
Conditional Use Permit #007 -90 of Roger Lee Jenkins for a public
garage to be located on Route 608 in the Gainesboro Magisterial
District.
Action - Approved
Mrs. Roger Jenkins came forward and answered questions
from the Commission on the operation of the garage.
Mr. O.S. Armel came forward to speak in opposition to the
conditional use permit for the following reasons: 1) the business
use was not in keeping with the existing residential neighborhood;
2) potential for pollution of local groundwater and air; 3)
potential for attracting crowds; 4) noise; and 5) storage of
vehicles on the premises.
Upon motion made by Mr. McDonald and seconded by Mr.
DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve Conditional Use Permit #007 -90 of Roger
Lee Jenkins for a public garage located on Route 608 in the
Gainesboro District with the following conditions:
1) This is a one -year permit to be reviewed and renewed annually
by the staff, the Planning Commission and the Board of
• Supervisors.
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2) If the use, occupancy or ownership of the property changes,
this conditional use permit shall expire.
3) All repair work shall take place inside the attached garage
structure at the rear of the residence. This structure must
have an occupancy permit for a public garage.
4) No more than five (5) vehicles awaiting repair may be kept on
the premises at any one time. These vehicles must be parked
behind the residence, not within view of State Route 608. No
vehicles may be parked in the Route 608 right -of -way.
5) No parts or equipment may be stored outside of a completely
enclosed building.
6) This permit is subject to continued compliance with Virginia
Department of Transportation entrance requirements.
7) Hours of operation will be 7:00 a.m. until 10:00 p.m.
L An ordinance that would allow the waiving of buffer requirements
when the use in question is also allowed in the adjoining zoning
district.
Action - Approved
Malcolm H. Van de Riet, Pastor at the Abundant Life
Christian Center, was present to speak in favor of this amendment.
Maurice McGrew, Secretary /Treasurer of the Abundant Life
Christian Center, was present to speak in favor of this amendment.
Rinker,
Upon motion made by Mr. McDonald and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of an amendment to the
Frederick County Code, Chapter 21, Zoning Ordinance, Section 3 -12,
Buffer and Screening Requirements as follows:
3- 12 -4.6 The Planning Commission may waive any or all of the
requirements for the zoning district buffers on a
particular site plan when all uses shown on the site plan
are allowed in the zoning district in which the
development is occurring and in the adjoining zoning
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districts.
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An ordinance amendment stating that if a request for a rezoning is
disapproved by the Board of Supervisors, at least twelve (12)
months shall expire before another application for rezoning of
substantially the same land to the same zoning district designation
shall be considered.
Action - Approved
Rinker,
Upon motion made by Mr. McDonald and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of an amendment to the
Frederick County Code, Chapter 21, Zoning Ordinance, Section 2 -6,
Amendments as follows:
2 -6 -3 Should a request for a rezoning be disapproved by the
Board of Supervisors, at least twelve (12) months shall
expire before another application for rezoning of
substantially the same land to the same zoning district
designation shall be considered.
An ordinance amending several tables in the buffer and screening
section of the Zoning Ordinance that were mislabelled.
Action - Approved
Upon motion made by Mr. McDonald and seconded by Mr.
Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of an amendment to the
Frederick County Code, Chapter 21, Zoning Ordinance, Section 3 -12,
Buffer and Screening Requirements as follows: (see attached)
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• Chapter 21 of the Frederick County Code, Zoning ordinance, 'Section
3 -12, BUFFER AND SCREENING REQUIREMENTS [table headings]
3 -12 -3 RESIDENTIAL SEPARATION BUFFERS
3- 12 -3.1 Single - Family Separation Buffers - Wherever possible and
practical, single - family detached traditional and cluster
structures shall not be placed adjacent to other types
of residential lots or structures. If other types of
residential structures must be placed adjacent to
single - family detached traditional and cluster dwellings,
the following distance buffers are required:
Buffers:
Full Landscape No
Landscaping Screening Screening
Active - 100 200' 400'
Inactive - 75' 150' 350'
Distance buffers shall be placed between the lot line of
the lot containing the single - family detached traditional
and cluster structures, or lots designated by an approved
MDP as single - family lots, and the non - single family
structures.
3- 12 -3.2 Apartment or Multiplex Separation Buffers - Wherever
possible and practical, garden apartments and multiplex
structures shall not be placed adjacent to other types
of residential structures. If other types of residential
structures must be placed adjacent to garden apartment
or multiplex structures, the following distance buffers
are required:
Buffers:
Full Landscape No
Landscaping Screening Screening
Active - 100 200' 400'
Inactive - 75' 150' 350'
Distance buffers shall be placed between the garden
apartment or multiplex structures and the lot line of the
lots containing the other housing types
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3- 12 -4.1 Buffer
Categories:
Full
Landscace
No
Category
Landscaping
Screening
Screening
A
-
-
50' active
25' inactive
B
50' active
100' active
200' active
25' inactive
75' inactive
150
C
100
200' active
400' active
75' inactive
150' inactive
350
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A revised schedule of development review fees as allowed by Chapter
18, Subdivision Ordinance, and Chapter 21, Zoning Ordinance, of the
Frederick County Code.
Action - Approved
It was noted by the staff that the primary purpose of
this amendment was to eliminate the open -ended engineering fees.
Marker,
Upon motion made by Mr. Romine and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of a revised schedule of
development review fees as allowed by Chapter 18, Subdivision
Ordinance, and Chapter 21, Zoning Ordinance, of the Frederick
County Code, as follows: (see attached)
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PROPOSED DEVELOPMENT REVIEW
FEE SCHEDULE
• REZONING:
$550 plus $35.00 per acre
MASTER DEVELOPMENT PLAN:
$1300 plus $40 per acre (to 50 acres) plus $30 per acre (for each
acre over 50 acres)
NON RESIDENTIAL SUBDIVISIONS:
$800 plus $70 per lot (to 10 lots) plus $30 per lot (for each lot
over 10 lots)
RESIDENTIAL SUBDIVISIONS:
$1000 plus $90 per lot (to 10 lots) plus $45 per lot (for each lot
over 10 lots)
NON RESIDENTIAL SITE PLANS:
$1000.00 plus $100 per acre
each acre over 5 acres)
(to 5 acres) plus $30 per acre (for
RESIDENTIAL SITE PLANS:
$1000 plus $40 per unit (to 20 units) plus $25 per unit (for each
unit over 20 units)
CONDITIONAL USE PERMIT:
$75.00
VARIANCE:
$45.00
SOIL EROSION AND SEDIMENTATION CONTROL PLAN (NOT PART OF
SITE OR SUBDIVISION PLAN - LAND DISTURBANCE PERMIT):
$200.00 plus $25.00 per acre of disturbed area
FLOODPLAIN STUDY:
$400.00 plus $2.50 per acre of drainage area (to 200 acres) plus
$1.50 oer acre of drainage area over 200 acres (to 1,000 acres)
Structures used for fire and rescue services are exempt from design
review fees.
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DISCUSSION ON INTERIM RURAL SUBDIVISION AMENDMENTS
Staff noted that the interim subdivision amendments have
been revised to more closely reflect the current requirements. The
primary revisions involve improved plat requirements and
administrative procedures. The only substantial design change is
that the family member divisions must include a residual lot of
five acres or larger.
It was the consensus of the Commission that the staff
should proceed with advertisement of these amendments for public
hearing.
No further business remained to be discussed and the
meeting adjourned at 9:25 p.m. by unanimous vote.
Respectfully submitted,
Robert W. Watkins, Secretary
/.
Jam s W. Golladay, Jr Chairman
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