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PC_04-01-88_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 April 1, 1988. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; Manuel C. DeHaven; Beverly Sherwood; Marjorie H. Copenhaver; Carl M. McDonald; Kenneth Y. Stiles; and S. Blaine Wilson. Also present were: Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory; and A. Bray Cockerill, Advisory ABSENT: George L. Romine CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. --------------- -- ---- MINUTES Upon motion made by Mr. Golladay and seconded by Mr. McDonald, the minutes of March 16, 1988 were unanimously approved as presented. BIMONTHLY AND MONTHLY REPORTS The staff and Commission discussed pending and approved applications. INTRODUCTION OF JAMES SZYMECKI, PLANNER I Mr. Watkins introduced the Planning Department's new planner, Mr. James Szymecki, and noted that he would be working on zoning enforcement and ordinance administration. SITE PLAN REQUESTS FOR ADMINISTRATIVE REVIEW AND APPROVAL Mr. Gyurisin said that he had received a request from the Winchester Building Supply Company, located on Route 50, for an office addition (approximately 50' X 50') in front of their existing building. 2666 - 2 - Mr. Wilson said that he would abstain from discussion because of a conflict of interest. Chairman Brumback instructed the staff to proceed with administrative review and approval. COMMITTEE REPORTS Transportation Committee Mr. Golladay said that the Transportation Committee met on April 4, 1988. He reported that Staunton District has ranked Frederick County as number two on their crash severity index and therefore, Frederick County is eligible for DMV grant money to help solve some of the problems. Mr. GoLladay said that the Committee reviewed the Final Primary Road Projects as approved by the Board of Supervisors. Also discussed was a transportation thoroughfare plan for the eastern section of the County. A transportation thoroughfare plan for the eastern section of the County was also discussed. Comprehensive Plan Subcommittee Mr. GoLladay noted that the Comprehensive Plan Subcommittee will meet on April 12, 1988. DISCUSSION ON KERNS LOTS (BROAD AVENUE) BY PHILIP GROVES Mr. Philip Groves, representing Mr. Granville Kerns, came forward to discuss the development of lots 23 and 24 of the Lockhart Subdivision which was approved by the Board of Supervisors for mixed uses. Mr. Watkins said that the original request was approved for mixed housing types, however, controversy arose over how many units would be allowed on those lots. It was noted that the Board approved two buildings with two units in each building. Chairman Brumback advised Mr. Groves to submit a devised master development plan for review. SUBDIVISIONS Final Subdivision Plat of Cadwallader Subdivision, zoned RP, for four lots in the Opequon Magisterial District. Action - Approved Mr. Watkins recommended that the master plan requirements be waived. He noted that all lots would be over 17,000 square feet. Mr. Bruce Edens, of Greenway Engineering and Surveying Company, was present to answer questions. 2667 - 3 - Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the final subdivision plat of Cadwallader Subdivision in order to resubdivide to create four lots instead of the three lots originally platted. This property is located on the east side of Route 647, north of Route 277 East of Stephens City, in the Opequon Magisterial District. MASTER DEVELOPMENT PLANS Final Master Development Plan #025 -87 of Brookland Heights, zoned RP, 30.934 acres, for townhouses in the Shawnee Magisterial District. Action - Approved Mr. Watkins said that this application was submitted prior to the adoption of the RP amendments. It was noted that this subdivision would have underground utilities and curb and gutter. Mr. Charles Maddox, of G. W. Clifford & Associates, was present to answer questions. Upon motion made by Mr. Wilson and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Final Master Development Plan #025 -871 of Brookland Heights for townhouses to be located south of State Route 659 (Valley Mill Road) and north of Frederick Heights Subdivision in the Shawnee District. PUBLIC HEARINGS Rezoning Request #001 -88 of ADD Partnership to rezone 200 from A -2 (Agricultural General) to RP (Residential Performance) in the Opequon District. Action - Tabled Mr. Watkins said that the applicant has requested tabling of this application until such time as the Parkins Mill Road sewer interceptor line has been resolved. Mr. Stephen Butler was present on behalf of Mr. Benjamin Butler, the representative for the applicant. Chairman Brumback called for public comment, but no one came forward. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, i M� BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Rezoning Request #001 -88 of ADD Partnership until the issue of the Parkins Mill Road sewer interceptor line has been resolved. This property is located at the intersection of Routes 642 and 636, just east of Stephens City, in the Opequon Magisterial District. Rezoning Request $004 -88 of Robert and Kitty Hockman to rezone 46.5 acres from A -2 (Agricultural General) to M -1 (Industrial Limited) in the Back Creek and Shawnee Magisterial Districts. Action - Tabled Mr. Watkins said that after talking with the Sanitation Authority and the City of Winchester, there are questions on how sewer would be provided to this area. Mr. Stiles noted that the sewer that serves the IDC property, through G.E., is reserved and would not be able to be extended to this property. He also pointed out that the sewer that goes through the Kernstown area, back to the Lakeside Plant, is currently a private sewer line. Mr. Stiles said that this would involve negotiations between the applicant and the owners of the private sewer line. i Ms. Kitty Nicholas, the daughter of Kitty and Robert Hockman, was present to speak on behalf of her parents. Ms. Nicholas explained that they plan to continue the operation of their farm, however, the 46.5 acres proposed for rezoning are not attached to the farm. She said that the 46.5 acres were used for raising corn and they are able to buylthe corn at a lower price than it takes to raise it themselves. Ms. Nicholas said that her parents would like to sell the property for financial security. Ms. Nicholas said that they met with Mr. Jones of the Sanitation Authority and Mr. Jones had stated that if there is a coalition between Winchester and Frederick County, which may be imminent as far as water and sewer, all that would be needed would be a meter attached where the IDC plant is located. She said that the other alternative would be to attach to Mr. Hardison's private lines. i The Commission felt that the coalition which Ms. Nicholas spoke of was further down the road than she had hoped. They also felt a contractual agreement with the owners of the private sewer line would be needed before they could approve the rezoning. Chairman Brumback called for public comment and Mr. Warden Jenkins, adjoining property owner, came forward to speak in opposition. Mr. Jenkins owned two homes that faced this property and his concern was how his property would be affected if the Hockman's property was rezoned to industrial. Upon motion made by Mr. Stiles and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby 2669 - 5 - unanimously table Rezoning Request #004 -88 of Robert and Kitty Hockman until such time that the extension of the sewer and water to the property is resolved. This property is located on Route 651, on the south side of Route 37 about 1/4 mile, in the Back Creek and Shawnee Districts. Rezoning Request #005 -88 of Thomas C. Glass to rezone 2.382 acres from B -1 (Business Limited) to B -2 (Business General) for a community shopping mall (one building with individual shops and stores) in the Shawnee District. Action - Tabled Mr. Thomas C. Glass, owner of the property, said that he wanted to build a colonial - styled community shopping mall with white trim and columns between Routes 7 and 50. Mr. Glass said that he only plans businesses which are permitted in a B -1 Zone, however, he is requesting the B -2 zoning in order to avoid the 3,000 square foot minimum building restriction in the B -1 Zone. Because of several recent requests received by the Planning Commission for construction of buildings greater than 3,000 square feet in the B -1 Zone, the Commission felt that a change in the B -1 zoning regulations would be more appropriate than rezoning this parcel. Chairman Brumback called for public comment, but no one came forward to speak. Upon motion made by Mr. Stiles and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning CommissJion does hereby unanimously table Rezoning Request #005 -88 of Thomas C. Glass. The Commission directed the staff to advertise amendments to the B -1 (Business Limited) District dealing specifically with the requirements for dimensions of buildings. This property is located on the northwest corner of Senseny Road and Greenwood Road in the Shawnee Magisterial District. Rezoning Request #006 -88 of Kimerly G. Henry to rezone 1.9!acres from B -1 (Business Limited) to B -2 (Business General) for a strip shopping center in the Shawnee Magisterial District. Action - Tabled Since this request was similar to the previous rezoning request, as far as the applicant wanting to construct a building larger than 3,000 square feet in a B -1 zone, and since the location was in the same area, the Commission felt this request could also be accomodated by an ordinance amendment. The applicant, Mr. Kimerly Henry, had no objections to tabling his request until the ordinance amendment was approved. 2670 - 6 - Chairman Brumback called for public comment, but no one came forward. Upon motion made by Mr. Stiles and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table rezoning request #006 -88 of Kimerly G. Henry. This property is located next to Handy Mart on Senseny Road (Route 657) in the the Shawnee District. The Commission directed the staff to advertise amendments to the B -1 (Business Limited) District dealing specifically with the requirements for dimensions of buildings. Rezoning Request #007 -88 of Stephen P. Williams to rezone 2.562 acres from A -1 (Agricultural Limited) to B -2 (Business General) for a retail business in the Back Creek District. Action - Denied Mr. Stephen Butler was present to represent the applicant, Mr. Stephen P. Williams. Mr. Butler felt this site was suitable for a business zoning because it was surrounded on one side by three highway bill boards; on another side by Route 608 and a roofing business; and Frye's Grocery Store was located across the road. He said that the Winchester Western Railroad ran through the property. In addition, he said that there was a large embankment with trees that physically separated this site from any other site or subdivision. Mr. Butler presented a petition fro Mr. Frye and a petition from a number of adjoining property owners who had no objection to this operation being conducted at this location. Mr. Butler said that Mr. Williams has replaced the roof and white washed the building, which has improved its appearance. Mr. Butler explained that Mr. Williams is in the business of selling and leasing paper bailers. He said that the majority of the business would be self- contained within the building. After discussing the business in detail with Mr. Butler, the Commission felt this operation did not quite fit into theiB -2 category. Some members of the Commission noted that this building had always been used for commercial use. They also felt that the characteristics of the site made it self- limiting as far as other types of uses were concerned. The Commissioners felt that a conditional use permit to re- establish a nonconforming use would be a better way to accomodate Mr. Williams' operation on the site. Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Request #007 -88 of Stephen P. Williams to rezone 2.562 acres from A -1 (Agricultural Limited) to B -2 (Business General) for a retail business. This property is located on the south side of U.S. Route 50, and on the north side of the Winchester and Western Railroad, near the intersection of Route 608 and Route 50, in the Back Creek District. .2671 - 7 - The vote on this denial was: YES (TO DENY): Copenhaver, McDonald, Sherwood, Brumback, Golladay, Wilson NO: Stiles, DeHaven Conditional Use Permit #007 -88 of Ronald E. Gordon for general automotive and equipment repair in the Gainesboro Magisterial District. Action - Approved Mr. Ronald E. Gordon, applicant, said that he lived on Route 789, directly across from the property in question. Mr. Gordon said that of the 23 lots in this subdivision, he owned nine, plus the five -acre lot with the facility. Mr. Gordon presented two petitions from people who had no objection to this operation. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, the Commission unanimously voted to make the petitions a part of the official record as follows: We, as adjoining property owners of Ronald E. Gordon, understand that he has applied for a conditional use permit for general automotive and equipment repair at his facility. Said facility is located at the west end of Hudson Avenue off Route 789 in the Albin area, Gainesboro Magisterial District. With this knowledge, we herein attest to the fact that we have no objections to Ronald E. Gordon being issued a condtional use permit. 1. E. Frank Smith Route 2, Box 84 Winchester, Virginia 2. Melvin L. Sager Route 5, Box 846 Winchester, Virginia 3. Anna G. Sager Route 5, Box 846 Winchester, Virginia 4. Julie Pearce Route 5, Box 854 Winchester, Virginia 5. Daniel J. Sytsma Route 5, Box 847 Winchester, Virginia We, as residents of the Albin area, understand that IRonald E. Gordon has applied for a conditional use permit for general automotive and equipment repair at his facility. Said facility is located at the west end of Hudson Avenue off Route 789 in the Albin area, Gainesboro Magisterial District. With this knowledge, we herein attest to the fact that we have no objections to Ronald E. Gordon being issued a conditional use permit. 1. Raymond G. Edwards Route 5, Box 896 Winchester, Virginia 2. Amelia B. Edwards Route 5, Box 896 Winchester, Virginia 3. George A. Brown Route 5, Box 899 Winchester, Virginia 4. Margaret Luttrell Route 5, Box 849 Winchester, Virginia 2672 - 8 - 5. Emma Sirbaugh Route 5, Box 842 Winchester, Virginia 6. Virginia Luttrell Route 5, Box 845 Winchester, Virginia 7. Elwood Luttrell Route 5, Box 845 Winchester, Virginia 8. Aldoph H. Shutts Route 5, Box 837 Winchester, Virginia 9. William E. Gill Route 5, Box 826 Winchester, Virginia 10. Lee Dutch Butler Route 5, Box 891 Winchester, Virginia 11. Eltha V. Butler Route 5, Box 891 Winchester, Virginia The Commission next discussed screening requirements for outside storage with the applicant. Chairman Brumback called for public comment and Mrs. Barnett, a resident on Hudson Avenue, came forward to speak in opposition. Mr. and Mrs. Paul Barnett were opposed to the conditional use permit because of the narrowness of the road (it is not a state maintained road), the dust, the appearance of the property, and excessive traffic. Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit X6007 -88 of Ronald E. Gordon for a public garage for general automotive and equipment repair to be located at the west end of Hudson Avenue, off Route 789 in the Albin area of 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. The following conditions shall be met as per Article IV: a. All repair work shall take place entirely within an enclosed structure. b. All exterior storage of parts and equipment 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 adequately maintained as long as such exterior storage is continued. c. The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. d. The Planning Commission and Board of Supervisors shall determine that the proposed use will have no adverse effects on surrounding properties. 4. Hours of operation will be 7:00 a.m. through 7:00 p.m., Monday through 2673 - 9 - Saturday. No Sunday operations. The Commission commented that this road would qualify as'a rural addition, if the neighbors wanted to have it taken over by the state. It was noted that additional right -of -way would possibly be needed. ORDINANCE AMENDMENTS An ordinance amendment to add a new single family housing type with a minimum lot size of 15,000 square feet and no open space requirement. Action - Tabled Mr. Stiles said that he was contacted by the Chairman of the Parks and Recreation Commission and the Parks Chairman requested that this item be tabled and a worksession be arranged to discuss suburban housing types with no open space. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article V, Residential Performance District, to add a new single - family housing type with a minimum lot size of 15,000 square feet and no open space. An ordinance amendment to require major road entrances in the early phases of development. Action - Approved Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article V, Residential Performance District, Section 5 -9 -3, Phasing, to allow the requirement of street entrances in initial phases of development, by the addition of the following: 5 -9 -3.5 In order to provide sufficient, safe access, the Planning Commission and the Board of Supervisors may require that the phases be arranged so that essential street entrances to the development are provided in the initial phases of the development. DISCUSSION ON ADDITIONAL RP AMENDMENTS Mr. Stiles requested the staff to pursue one additional amendment to 2674 =0= the RP (Residential Performance) District. Mr. Stiles felt that along collector roads, where houses front on interior streets and the backs of the houses are facing the collector road, that a ten foot easement be required. He felt this would improve the appearance of the development from the collector road. The Commission and staff discussed this matter in detail. 1988 - 1989 FREDERICK COUNTY CAPITAL IMPROVEMENTS PLAN The staff and Commission reviewed the 1988 -89 Capital Improvements Plan for Frederick County. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the 1988 -1989 Capital Improvements Plan for Frederick County as presented. "I 011PRIY There being no further business to discuss, the meeting adjourned at 9:35 p.m. Respectfully submitted, rank H. Bruffi ac k, Chairman I Robert W. Watkins, Secretary 2675