PC_11-07-90_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 November 7, 1990.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman;
Beverly Sherwood, Vice - Chairman; John Marker, Back Creek District;
Manual C. DeHaven, Stonewall District; Carl M. McDonald, Gainesboro
District; S. Blaine Wilson, Shawnee District; Marjorie H. Copenhaver,
Citizen at Large; Douglas Rinker, Citizen at Large; Roger L. Thomas,
Citizen at Large; and Kenneth Y. Stiles, Board Liaison.
Absent: George L. Romine, Citizen at Large
Winchester City Liaison: James L. Barnett
Planning Staff present were: Robert W. Watkins, Secretary; W. Wayne
Miller, Zoning Administrator; and Lanny C. Bise, Planner I
CALL TO ORDER /MINUTES
Chairman Golladay called the meeting to order at 7:00 p.m. The first order
of business was the consideration of the minutes of October 3, 1990. Upon motion made
by Mr. DeHaven and seconded by Mr. McDonald, the minutes of October 3, 1990 were
unanimously approved as presented.
BIMONTHLY REPORT
information.
Chairman Golladay accepted the Bimonthly Report for the Commission's
COMMITTEE REPORTS
Comprehensive Plan Subcommittee - 11/13/90 Mtg.
Staff noted that the subcommittee reviewed their presentation for the
upcoming public hearings on the Comprehensive Plan. Meetings are scheduled for
November 13, 7:30 p.m. at Bass Hoover Elementary School and on November 20, 7:30
p.m. at Indian Hollow Elementary School.
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Ordinance Subcommittee - 11119/90 Mtg.
Mr. Thomas said that this subcommittee will be meeting with members of
the Top of Virginia Building Association to review proposed revisions to the subdivision
ordinance.
Capital Improvements Plan - 11127/90 Mtg.
Mr. Watkins said that the CIP met in October and had preliminary
discussions on requests from the school board and parks and recreation. He said that
they will meet again on November 27 with representatives from the school board.
Historic Resources Advisory Board
Mr. Thomas reported that the HRAB concentrated on reviewing their
presentation for the upcoming comprehensive plan meetings. Mr. Thomas noted that Mr.
Tierney did an excellent job on the presentation.
Transportation Committee - 11/5190 Mtg.
Mr. Watkins noted that the Transportation Committee held a public hearing
on the Six-Year Secondary Road Improvement Plan. Chairman Golladay noted that a
delegation of people residing on Route 622 were present concerning the improvement
of that road.
Schedule of Planning Commission Meetings for November, December & January
Upon motion made by Mr. McDonald and seconded by Mr. Thomas, the
Planning Commission unanimously agreed to cancel their second meeting in November
(November 21) and their first meeting in January (January 2). Both meetings in
December would be held.
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SUBDIVISIONS
Slayton Subdivision Application for the division of two lots, zoned RP (Residential
Performance), located off Senseny Road in the Shawnee District.
Action - Denied
Mr. and Mrs. Sam Milburn were representing Donald and Ethyl Stayton,
the owners of the property. Mr. and Mrs. Milburn explained that the Staytons wished
to subdivide a 20,521 square foot parcel, with an existing home, into two lots (the parcel
with the existing home (Lot 1) would be 10,521 square feet and Lot 2 would consist of
10,000 square feet). Their intentions were to build a home on Lot 2 with an entrance
onto a 30' private right -of -way.
Staff noted that the establishment of the non - conforming lot (ordinance
requires 12,000 square feet) was approved by the Board of Zoning Appeals on August
21, 1990. It was noted that approval was not recommended by the staff because the
resulting vacant lot did not front on a state - maintained street and the size of the lot was
out of character with the neighborhood.
Because the Subdivision Ordinance clearly states that every subdivided
property shall be served from a publicly dedicated street and because the Board of
Zoning Appeals approval for a non - conforming lot size in no way eliminated the
requirement that a lot abut a state - maintained street, the Commission felt that the
applicant would need to commit to building Mason Street to VDOT standards before this
application could be approved.
Upon motion made by Mr. Wilson and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
recommend denial of the Stayton subdivision application for two lots off of Senseny
Road, at the corner of Broad Avenue and Mason Street, in the Shawnee District.
The vote on this request was:
YES (TO DENY ): Marker, Copenhaver, McDonald, Sherwood, Golladay, Wilson,
Rinker, Thomas
NO: DeHaven
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Subdivision Application of Larry G. Wilson, Sr. and'Katherine G. Wilson for two lots
located on Route 1220, 545 feet north of Route 7, in the Stonewall District.
Action - Approved
Mr. Rinker abstained from discussion and vote due to a possible conflict
of interest.
Mr. Larry G. Wilson, Sr. said that he wanted to subdivide the parcel into
two equal size lots and construct a home on one of the lots.
Mr. DeHaven noted that the two lots were located on a state - maintained
road and moved for approval. This motion was seconded by Mr. Thomas.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
recommend approval of the Larry G. Wilson, Sr. and Katherine G. Wilson subdivision
request for two lots in the Stonewall District.
The vote was unanimous with Mr. Rinker abstaining.
Rezoning Request #009 -90 of Whitehall Business Park to rezone 15.03 acres from RA
(Rural Areas) to M1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B3
(Industrial Transition) in the Stonewall District.
Action - Tabled until December 5, 1990
Mr. DeHaven abstained from discussion and vote due to a possible conflict
of interest.
After reviewing the proffer statement, the commissioners had concerns about
the applicant's intentions for the road serving the proposed lots. They asked Mr.
Buettner, the owner /applicant to clarify the statement, "...mud -free passable surface."
Mr. Buettner said that the road would be built to VDOT specifications, ie. width,
alignment, drainage and road base with gravel on the surface. As the tracts are sold,
property owners could vote to hard- surface the road at any time. Upkeep of the road
would be assured by covenants.
Mr. Stiles inquired about the possibility for an industry locating on the M1
area to qualify for industrial access funds, if they met necessary requirements. He noted
that this money could be used to upgrade the road serving these lots or towards
providing improvements /turn lane on Route 669. Staff felt that the industrial access
funds could be applied for.
Mr. Buettner noted that each property owner would be subject to
architectural and developmental standards, restrictions and covenants. When asked what
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type of businesses would locate in the park, Mr. Buettner felt there would be service -
oriented and retail businesses.
Mr. Stiles requested that the following issues be addressed prior to this
rezoning being heard by the Board of Supervisors: 1) a stipulation be made that the
road be hard - surfaced 100' back from its intersection with 669 so that gravel will not be
brought out onto the main road; 2) that the issue of outside storage be addressed,
particularly lots facing I -81; 3) the use of each parcel will be restricted by the number
of employees allowed by the Health Department due to limited drainfield capacity.
Mr. Stiles asked if the ponds on the property would also act as stormwater
management. Mr. Buettner confirmed that stormwater would be retained on site. He
noted that the ponds would be used for fire protection and stormwater management.
Chairman Golladay called for public comment and the following person
came forward to speak in opposition:
Ms. Shirley Meade said that her mother, who is deceased, owns the Kerns
property, which adjoins Mr. Buettner's proposed roadway. Mrs. Meade was concerned
how the rezoning would affect the value of her property. Mr. Buettner noted that the
Kerns' lot is a double wide lot containing 150'. He said that the lot towards the
proposed road is vacant and the next lot contains the dwelling, on a separate 75' tract.
Some members of the Commission felt that the adjoining residential lots should be
screened to protect the residences from truck traffic.
Mr. Marker said that he received a phone call from a citizen who felt that
the entrance to Virginia was not an appropriate location for a business and industrial
park. Mr. Marker commented that this proposal could become an eyesore if not
developed properly. Some members of the Commission felt that the hard- surfaced road
should be in place before the lots were developed. Other Commissioners felt they should
have an opportunity to review the covenants and also have the issues addressed before
making a recommendation to the Board.
Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby table
Rezoning Application #009 -90 of Whitehall Business Park to rezone 15.03 acres from RA
(Rural Areas) to M1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B3
(Industrial Transition) for a business and industrial park until their next regularly
scheduled meeting, December 5, 1990.
This vote was unanimous with Mr. DeHaven abstaining.
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Conditional Use Permit #016 -90 of Chisholm /Slonaker for a kennel /dog - grooming facility
in the Gainesboro District.
Action - Approved
The Commissioners felt that a condition should be added to the permit
stating specifically that if at any time the applicant proposes to house dogs overnight,
a new conditional use permit will be required.
Mr. Christopher Chisholm, the applicant, understood the additional
condition. Mr. Chisholm said that he did not plan on housing dogs overnight and that
the use was strictly dog grooming.
Upon motion made by Mr. McDonald and seconded by Mr. Rinker, the
Commission unanimously agreed to add the condition that if at any time the applicant
proposes to house dogs overnight, a new conditional use permit would be required.
Upon motion made by Mr. McDonald and seconded by Mrs. Sherwood,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #016 -90 of Chisholm /Slonaker for a
kennel /dog grooming facility to be located 3 1/2 miles north of the Winchester City
limits, on Route 522 North, Gainesboro District, with the following conditions:
1. This is a one -year permit to be reviewed annually to ensure continued compliance
with the permit conditions and renewed upon verification of compliance. Any change
in use shall require a new conditional use permit.
2. All materials and equipment associated with this business will be kept indoors.
3. No more than one sign shall be placed along Route 522 and it shall be limited to
ten square feet in area.
4. No structures shall be expanded to contain the use nor new structures constructed for
the use, unless a revised conditional use permit is obtained.
5. If at any time the applicant proposes to house dogs overnight, a new conditional use
permit will be required.
Conditional Use Permit #017 -90 of White Oak Trading Post for a country general store
and campground in the Opequon Magisterial District.
Action - Approved
Mr. Golladay abstained from discussion and vote, due to a possible conflict
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of interest.
Staff clarified that this country store did not previously have a conditional
use permit since it existed prior to the ordinance. The planned expansion of more than
50% requires a conditional use permit and will cover the entire facility. Staff noted that
this request does not affect the campground itself.
Mrs. Katherine Yancey, the owner, said that she wanted to expand the
grocery store, not the campground.
Commissioners discussed the campground with Mrs. Yancey. It was
determined that Mrs. Yancey could not expand the campground without public sewer,
according to the Health Department. At this time, the campground did not have public
sewer, but did have public water.
No one was present to speak in favor or opposition.
Upon motion made by Mr. Thomas and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval of Conditional Use Permit #017 -90 of White Oak
Trading Post for a country general store and campground located at the northwest corner
of Routes 277 and 636 in the Opequon District, with the following conditions:
1. Any change in use shall require a new conditional use permit.
2. This permit will be subject to annual review and renewal.
3. A site plan, meeting the requirement of the Frederick County Code, must be
submitted for approval.
4. Additional expansion of the facility, beyond the current proposed, will require an
amended site plan and a revised conditional use permit.
OTHER
WITHDRAWAL OF REZONING APPLICATION #007 -90 OF REX L. WAKEMAN
Mr. Watkins presented a letter from Mr. H. Edmunds Coleman, III, Agent
and Attorney for Rex L. Wakeman, requesting the withdrawal of Rezoning Application
#007 -90 of Rex L. Wakeman.
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ADJOURNMENT
No further business remained to be discussed and the meeting adjourned
at 8:30 p.m. by unanimous vote.
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
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