Loading...
PC_02-03-88_Meeting_MinutesMEETING MINUTES of the FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room in the Old�Frederick County Court House, 9 Court Square, Winchester, Virginia, on February 3, 1988. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; George L. Romine; S. Blaine Wilson; Manuel C. DeHaven; Beverly Sherwood; Marjorie H. Copenhaver; Carl M. McDonald Also present were: Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory; and A. Bray Cockerill, Advisory ABSENT: Kenneth Y. Stiles CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. MINUTES The first order of business was the consideration of the minutes of January 6, 1988 and January 20, 1988. Upon motion made by Mr. Romine and seconded by Mr. Golladay, the minutes of January 6, 1988 were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mr.'� DeHaven, the minutes of January 20, 1988 were unanimously approved as presented. BIMONTHLY REPORT The Commission and staff discussed pending applications. COMMITTEE REPORTS Economic Development Commission Mr. Romine reported that two companies have decided to locate in our area. He also noted that economic development activity remains high. Ordinance Subcommittee Mr. Romine reported that the Ordinance Subcommittee is working on 7.626 - z - strengthening the requirements for first submission of master plans so that when the Commission reviews them, important decisions can be made at the very beginning. This will speed up the process by not rehashing what has been done at a previous meeting. Transportation Committee Mr. Golladay said that the Transportation Committee will meet on Monday, February 8, 1988 at 7:00 p.m. to discuss Route 50 improvements, right -of -way vacations, subdivision road patterns, and various road improvement projects. Comprehensive Plan Subcommittee Mr. Golladay reported that the Comprehensive Plan Subcommittee will be finishing work on the rural section of the Comprehensive Plan. RESOLUTION OF APPRECIATION FOR COL. A. LYNN MYERS Upon motion made by Mr. Golladay and seconded by Mr. Romine, the Commission unanimously approved a Resolution of Appreciation to Col. A. Lynn Myers, as follows: RESOLUTION OF APPRECIATION WHEREAS, Col. A. Lynn Myers served on the Frederick County Planning Commission from January 11, 1981 to January 11, 1988; and, WHEREAS, Col. A. Lynn Myers served with dedication and made outstanding contributions to planning for the future of Frederick County; THEREFORE, BE IT RESOLVED, That on this third day of February, 1988, the Frederick County Planning Commission hereby voices its appreciation and gratitude to Col. Myers for his service. SITE PLANS Site Plan #060 -87 of Jones and Frank Oil Equipment for a 70' X 83' wholesale oil distribution parts building with six parking spaces in the Stonewall District. Action - Approved Chairman Brumback said that he had a conflict of interest regarding this site plan and turned the proceedings over to Vice - Chairman Golladay. 2627 - 3 - Mr. Brumback did not participate in any discussion or voting on this site plan. Mr. Walter Aikens was present to represent the contractor, H & W Construction. Mr. Aikens also introduced the owner, Mr. Louis Spangler. Mr. Aikens requested that they be permitted to check the distance of a fire hydrant located on adjacent property before the Commission requires them to place one on their site. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #060 -87 of Jones and Frank Oil Equipment, Zoned M -1, for a wholesale oil distribution parts building and site improvements, pending fire hydrant approval by the Sanitation Authority. This property is located in the Fort Collier Industrial Park in the Stonewall Magisterial District. The vote on this site plan was: YES (TO APPROVE): Copenhaver, McDonald, Sherwood, Golladay, DeHaven, Wilson, Romine ABSTAIN: Brumback (Vice Chairman Golladay turned the proceedings back over to Chairman Brumback) FINAL MASTER DEVELOPMENT PLANS Final Master Development Plan #016 -87 of Fieldstone Heights, Zoned RP, 102.112 Acres, for 215 single - family traditional lots in the Shawnee District. Action - Approved Mr. Watkins said that all comments previously discussed have been incorporated into the final master development plan. Mr. H. Bruce Edens, with Greenway Engineering and Surveying Company, Inc., said there was only one major point suitable for access to Valley Mill Road. He said that they have provided numerous outlets to Greenwood Road and Senseny Road. No one was present to speak in opposition. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Final Master Development Plan #016 -87 of Fieldstone Heights, Zoned RP, 102.112 Acres, for 215 single- family traditional housing 2628 - 4 - lots. This property is located on the south side of Route 659 (Valley Mill Road), 0.50 mile east of the intersection of Routes 656 and 659 in the Shawnee Magisterial District. Final Master Development Plan #005 -87 of Grove Heights, Zoned RP, 74.359 acres, for approximately 207 single family cluster housing lots in the Shawnee District. Action - Approved Mr. Golladay noted for the record that he would abstain from all discussions and not vote on this plan due to a possible conflict of interest. Mr. Watkins said that the primary remaining issue at the Commission's last discussion of this matter was concerning the issue of sewage disposal. Mr. Watkins said that this current version shows a pump station pumping all sewage to the Frederick County Sanitation Authority System via a force main through the eastern portion of the project. Mr. George Johnston, attorney, was present to represent the developer. No one was present to speak in opposition. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Final Master Development Plan #005 -87 of Grove Heights, Zoned RP, 74.359 Acres, for approximately 207 single family cluster housing lots. This property is located on the north side of Route 50, ashort distance from Interstate 81, in the Shawnee Magisterial District. The vote on this master plan was: YES (TO APPROVE): Copenhaver, McDonald, Sherwood, Brumback, DeHaven, Wilson, Romine ABSTAIN: Golladay PUBLIC HEARINGS Rezoning Request #037 -87 of Michael Mehas to rezone 1.05 acres from A -2 (Agricultural General) to B -2 (Business General) in the Back Creek District. Action - Denied Mrs. Copenhaver said that she would abstain from all discussion and 2629 - 5 - voting on this rezoning, due to a possible conflict of interest. Mr. Watkins said that this application was discussed at the last public hearing, but was tabled because of a lack of a quorum. Mr. Watkins said that business uses are allowed in the A -1 District and the shape of the lot, soil conditions, and limited sight distance make this site limited in terms of quality for intensive use. He said that a conditional use permit could be used to control the use and require optimal arrangement on the site. He concluded that in general, rezoning to B -2 would not appear to fit zoning in the area and would appear to violate the (spot zoning policies. Mr. Gary Omps, resident from Back Creek District, said that since the last meeting, he has obtained a contract with the owner to purchase the property. Mr. Omps said that his intentions are to put a motorcycle franchise in the building. He said that he could not use a conditional use permit for the franchise and needs to have the property rezoned. Mr. McDonald said that he was familar with this property and there are sight distance problems at this location. Mr. Lawrence Hill came forward to speak in favor of this application. There was some discussion on other alternatives available for establishing this use at this location. It was determined that in order to put a motorcycle sales shop at this particular location in Frederick County, the property would either have to be rezoned or the ordinance would have to be amended. i Upon motion made by Mr. McDonald and seconded by Mrs. Sherwood, BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Application #037 -87 of Michael Mehas to rezone 1.05 acres from A -2 (Agricultural General) to B -2 (Business General). This property is located on the east side of Route 50 West, one mile east of Gore and approximately eight miles west of Route 37, in the Back Creek District. The vote on this application was: YES (TO DENY): McDonald, Sherwood, Brumback, Golladay, Romine NO: DeHaven, Wilson ABSTAIN: Copenhaver Conditional Use Permit #002 -88 of Russell Reading for a Cottage Occupation/ Nursery Sales to be located in the Shawnee Magisterial District. Action - Denied 2630 - 6 - Mr. Watkins reported that the Health Department has stated that soils in the area are limited and they recommend no sanitary facilities for the public. Mr. Watkins added that the proposed business is actually two businesses -- nursery sales and landscape contracting. He added that this specific application is for nursery sales, which is acceptable as a cottage occupation. Mrs. Kay Muterspaugh, Realtor with Liberty Realty, introduced herself and Mr. Russell Reading, who is interested in purchasing the property. Mr. Russell Reading said that he plans to establish drain ditches to deter the water to pond areas in order to properly drain the water from the property. Mr. Reading said that he also planned to drill wells to water the nursery stock, instead of using the water from the house line. He said that his plans are to establish several greenhouses toward mid summer or the end of the year. Mr. Golladay inquired why Mr. Reading needed a conditional use permit, because nursery sales were permitted under the A -2 District. Mr. Gyurisin explained that at some point, Mr. Reading would like to go into retail sales and then the operation would need to be considered as a business use. Some commissioners questioned if a conditional use permit was the proper way to proceed with this operation because Mr. Reading did not, at this time, own the property and also, he planned to have more than one employee outside the family residing on the premises. They also felt there were limitations to what Mr. Reading could do without getting the property rezoned. Finally, the commissioners felt that Mr. Readinglcould carry out nursery sales without a conditional use permit. Upon motion made by Mr. Wilson and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Conditional Use Permit #002 -88 of Russell Reading fora Cottage Occupation /Nursery Sales for a greenhouse and improvements to the existing house. This property is located on Harrison Avenue (Route 855) and Paper Mill Road (Route 644) in the Shawnee Magisterial District. The vote on this application was: YES (TO DENY): Copenhaver, McDonald, Sherwood, Brumback, Golladay, DeHaven, Wilson NO: Romine Conditional Use Permit #003 -88 of Westminster - Canterbury of Winchester for an off -site entrance sign to be located in the Gainesboro Magisterial District. 2631 - 7 - Action - Approved Mr. Romine said that he would abstain from discussion and voting due to a possible conflict of interest. Mr. John Goodwin was present to represent Westminster- Canterbury of Winchester. Mrs. Sherwood said that she spoke with an adjoining business manager and he expressed a desire that the proposed sign not obstruct his existing signs. Mrs. Sherwood asked the staff if they could review the site plan in relation to the existing signs in the area and the staff agreed to do this. Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #003 -88 of Westminster- Canterbury of Winchester for an oEf -site entrance sign for Westminster- Canterbury to be located on Route 522 North at Sunnyside and Westminster- Canterbury Drive, in the Gainesboro Magisterial 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. 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) A detailed site plan showing sight distances should be provided to the staff and VDH &T. Appropriate sight distances shall be maintained. Review of this site plan by the staff shall also include consideration of the proper placement of this sign so as not to obstruct view of existing signs in the area. 4) The sign shall be maintained in good repair. The vote on this application was: YES (TO APPROVE): Copenhaver, McDonald, Sherwood, Brumback, Golladay, DeHaven, Wilson ABSTAIN: Romine ORDINANCE AMENDMENTS An amendment allowing sand, shale, and clay mining in the A -1 and A -2 Districts as a conditional use. This would allow mining above mean grade level with a conditional use permit. A definition of mining is also included. Action - Approved 2632 - 8 - Mr. Wilson inquired if the commission had the option of adding additional conditions per application and Mr. Watkins said that this would be possible. Mr. Golladay inquired if this would meet the same setbacks and area regulations as in the EM District and Mr. Watkins said that it would. Upon motion made by Mr. DeHaven and seconded by Mr. iWilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the following amendments: An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article III, A -1 (Agricultural Limited) District, 3 -2, Use Regulations, Section 3 -2 -25, Permitted Exceptions with a conditional use permit: 3 -2 -25.13 Sand, shale, and clay mining above the mean existing grade level of a parcel of land. 3 -2- 25.13.1 Such mining operations shall meet all requirements of the Virginia Division of Mineral Mining. 3- 2- 25.13.2 Such mining operations shall meet the landscaping and screening, performance standards, supplementary regulations, height, area and bulk regulations, and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article IV, A -2 (Agricultural General) District, 4 -2, Use Regulations, Section 4 -2 -28, Permitted Exceptions with a Conditional Use Permit: 4 -2 -28.25 Sand, shale, and clay mining above the mean existing grade level of a parcel of land. 4- 2- 28.25.1 Such mining operations shall meet all requirements of the Virginia Division of Mineral Mining. 4 -2- 28.25.2 Such mining operations shall meet the landscaping and screening, performance standards, supplementary regulations, height, area and bulk regulations, and site plan requirements contained in the requirements for the EM (Extractive Manufacturing) District. An ordinance to amend the Frederick County Code, Chapter 21, Zoning Ordinance, Article I, In General, 1 -1 -110, Additional Definitions: 1 -1 -111.4 MINING - The breaking or disturbing of the surface soil or rock in order to remove minerals to make them suitable for 2633 - 9 - commercial, industrial, or construction use, but not including excavation or grading when conducted in aid of on -site farming or construction. PUBLIC MEETINGS Preliminary Master Development Plan #025 -87 of Brookland Heights, Zoned RP, 30.934 Acres, for townhouses in the Shawnee Magisterial Dilstrict. Action - Approved The representative, Mr. Charles Maddox of G. W. Clifford & Associates, came forward and introduced himself and other members of that firm, Mr. Scott Marsh and Mr. Tommy Price. Mr. Maddox also introduced Mr. Bill Tisinger, the attorney representing the applicant. Mr. Maddox gave a brief presentation of the plan. He said that there would be a transportation network, connecting roads and parking court, and creating traffic movement in two directions out to a central entrance onto Valley Mill Road. He said that the plan provides for the possibility of future road connections. He said that curb and gutter and a storm system is provided throughout the development. He added that the Regional Winchester- Frederick Service Authority trunk main runs through this property. Mr. Tommy Price, with G. W. Clifford & Associates, described the environmental factors to the Commission. Mr. Watkins said that this application was submitted before the RP amendments were adopted. He said that all environmental, open space, use, dimensional, and buffer provisions are suitable. Mr. Watkins noted that the access point on Valley Mill Road needs to be relocated'' as per VDOT for the final master plan. He added that the final plan should also provide detailTconcerning the manner in which buffer requirements will be met. 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 Preliminary Master Development Plan X6025 -87 of Brookland Heights for townhouses, parking, open space, andl utility improvements. This property is located south of State Route 659 (Valley Mill Road) and north of Frederick Heights Subdivision. ADJOURNMENT The Planning Commission had no further business to discuss and adjourned at 9:00 p.m. Respectfully submitted, Robert W. Watkins, Secretary '�cman 2634