PC_06-01-88_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 June 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; S. Blaine Wilson;
Kenneth Y. Stiles; and Carl M. McDonald.
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. The
first order of business was the consideration of the minutes of May 18,
1988. Upon motion made by Mr. Golladay and seconded by Mr. Wilson, the
minutes of May 18, 1988 were unanimously approved as presented.
BIMONTHLY AND MONTHLY REPORTS
The Commission asked the staff to review the legislation to
determine if it was possible to require the applicant to disclose the names
of all individuals involved in projects brought before the Commission. The
Commissioners were concerned that they could be putting themselves into a
conflict of interest situation without realizing it, if they did not have
access to all the parties names involved.
REVIEW OF SITE PLANS FOR ADMINISTRATIVE APPROVAL
Mr. Gyurisin said that he had received a request by Bethesda
Management for a 24' X 46' one -story metal addition to their existing
industrial structure on the east side of Lenoir Drive to be used for
offices.
Mr. Gyurisin said that he had also received a request for an
additional 60,000 gallon propane tank and railroad car unloading area for
Virginia Flame located on the east side of Welltown Pike across the street
from the entrance to Stonewall Industrial Park. Mr. Gyurisin pointed out
that propane tanks are highly regulated. He said that the County requires
that tanks be 75 feet from the property line and County Building and
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Plumbing codes also have distance requirements between tanks and from
buildings.
Chairman Brumback instructed the staff to proceed with
administrative review and approval.
COMMITTEE REPORTS
Transportation Committee
Mr. Golladay reported that the Transportation Committee will meet on
Monday evening, June 6, 1988 at 7:00 p.m.
Comprehensive Plan Subcommittee
Mr. Golladay reported that the Comprehensive Plan Subcommittee will
meet on Tuesday, June 14, 1988 at 11:00 a.m. to finish the transportation
section of the Comprehensive Plan.
Sanitation Authority
Mrs. Copenhaver said that the Sanitation Authority has called a
special meeting for Thursday, June 2, 1988 at 5:30 p.m. to discuss the
Parkins Mill Plant.
SITE PLANS
Site Plan #015 -88 of Country Park Plaza, zoned B -1, 2.382 acres, for a
neighborhood shopping center in the Shawnee Magisterial District.
Action - Approved
Mr. Watkins said that all planning, zoning, site planning, and
parking standards have been met.
Mr. Golladay commented on how close one of the entrances was to
Greenwood Road and asked if this was approved by the Transportation
Department.
Mr. Tom Glass, owner, said that he followed the Transportation
Department's minimum requirement for commercial entrances, which is 50
feet.
Upon motion made by Mr. Wilson and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #015 -88 of Country Park Plaza for a 30,000
square foot neighborhood shopping center with required access and parking.
This shopping center will be located on the northwest corner of the
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intersection of State Routes 657 and 656 in the Shawnee District.
An ordinance to amend the Frederick County Code to provide a housing type
with a minimum lot size of 15,000 square feet with no open space.
Action - Approved
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 ordinance to amend the Frederick County Code,
Chapter 21, Zoning, to amend Article I, Amendments to Chapter, as follows:
5 -4 OPEN SPACE REQUIREMENTS
5 - 4 - 1 The following open space and recreation requirements shall be met
by uses in this district.
5 - 4 - 2 A minimum percentage of the gross area of any proposed development
shall be designated as common open space. This
open space shall
be for purposes of environmental
protection and
for the common use
of residents of the development.
Developments
which contain any
of the following housing types shall
provide open space as
specified below:
Minimum Required
Minimum Required
Open Space
Open Space Allowed
with Bonus Factors
Developments containing only
0%
--
single- family detached rural
traditional or single family
detached traditional housing
Developments containing only
15%
0%
single - family detached urban
housing.
Developments containing only
25%
15%
single - family detached cluster
or a mixture of single - family
detached cluster and urban
traditional housing.
All other developments.
30%
20%
5 -6 DIMENSIONAL REQUIREMENTS
5 -6-1 The following dimensional
requirements shall
be met by uses
in this district. The Administrator shall
make the final
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PUBLIC HEARINGS
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determination as to the classification of housing types.
5 -6 -1.1
Unless otherwise specified, all housing types shall be served
by public sewer and water.
5 -6 -2
SF DETACHED - RURAL TRADITIONAL - Single family residence on
an individual lot with private yards on all four sides,
without public sewer and water.
5 -6 -2.1
Mininum Lot Size - 100,000 sq. ft.
5-6 -2.2
Minimum Yards:
5 -6 -2.2.1
Setback from road right -of -way - 60'
5 -6 -2.2.2
Side - 15'
5 -6 -2.2.3
Rear - 50' without public sewer and water
5 -6 -2.3
Minimum lot width to maximum depth ratio - 1 to 3
5-6 -2.4
Minimum Off- Street Parking - 2 spaces /unit
5 -6 -2.5
Maximum Building Height - Principle 35'; Accessory 20'
5 -6-3
SF DETACHED TRADITIONAL - Large lot single family residence
with private yards on all four sides without required common
open space.
5 -6 -3.1
Minimum Lot Area - 15,000 square feet
5 -6 -3.2
Minimum Yards:
5 -6 -3.2.1
Setback from road right -of -way - 35'
5 -6 -3.2.2
Side 10'
5 -6 -3.2.3
Rear 25'
5 -6 -3.3
Minimum Lot Width at Setback - 80'
5 -6 -3.4
Minimum Off- Street Parking - 2 Spaces /Unit
5 -6 -3.5
Maximum Building Height - Principle 35'; Accessory 20'
5 -6 -4
SF DETACHED - URBAN - Single family residence on an
individual lot with private yards on all four sides.
5 -6 -4.1
Minimum Lot Area - 12,000 square feet
PUBLIC HEARINGS
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An ordinance to amend the Frederick County Code to allow retail nurseries
and landscape contracting businesses as a conditional use in the A -2
(Agricultural General) District.
Action - Approved
Chairman Brumback called for public comment, but no one came
forward.
Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the ordinance to amend the Frederick County Code,
Chapter 21, Zoning, A -2 (Agricultural General) District, Article IV,
Section 4 -2, Use Regulations, with the addition of the following:
4 -2 Use Regulations
4 -2 -29.26 Businesses that retail or wholesale nursery stock and related
materials and landscape contracting businesses.
4 -2 -3 Orchards, horticulture, and the production of nursery stock and
products.
Rezoning Request #004 -88 of Robert and Kitty Hockman to rezone 46.5 acres
from A -2 (Agricultural General) to M -1 (Industrial Limited). This property
is located on Route 651, on the south side of Route 37, in the Back Creek
District.
No Action Recommended by the Planning Commission
Mr. Watkins noted that this rezoning request was previously heard
and tabled by the Planning Commission due to problems with the extension of
water and sewer to the property. He said that according to State and
County Codes, this is the last opportunity for the Planning Commission to
act. Mr. Watkins said that the applicant has provided information
indicating the work they have been doing in relation to the question of
sewage disposal. He said that one of the options they have been
investigating is on -site disposal. Mr. Watkins said that the applicant has
provided a copy of a report by Richard S. Joslyn, soil scientist,
indicating that there are areas feasible for septic drainfields.
Mr. Stiles updated the Commission on the sewer situation. Mr.
Stiles said that the agreement regarding the sewer line that crosses the
G.E. property and extends to the I.D.C. property, is an agreement between
the City, the County, G.E. and the I.D.C. He said that the agreement
guarantees capacity of 460 gallons per minute sewage to G.E and the total
capacity of the line is approximately 1260 gallons per minute, which means
that G.E. is reserving about 1/3 the capacity of the line. Mr. Stiles said
that the rest is available to the I.D.C., but he did not believe the
agreement reserved capacity exclusively to I.D.C. He said that an
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amendment to that agreement would be required to extend the sewer line to
this piece of property or to any properties in that immediate area. He
said that the other alternative is to hook back into the line that comes
through the Hardison /Gregory property and serves the existing commercial
area on the west side of Route 11.
Mr. Stiles said that the City has submitted a proposal to the County
regarding the extension of sewer services into the County. The policy
would be that the City would wholesale sewer service to the Sanitation
Authority and customers in the County would be customers of the Sanitation
Authority, not the City of Winchester. The capacity utilized by County
customers would be applied against the County's share of capacity of the
regional plant. Mr. Stiles said that the Commission could send this
rezoning to the Board with the recommendation that the Board should not act
until all issues are resolved.
Mr. Ted Porter, realtor, said that they have the option of
installing a sand filter or regular septic system, if needed.
Ms. Kitty Nichols, daughter of Robert and Kitty Hockman, commented
that the three options they have available -- either sharing capacity with
G.E., or the Hardison /Gregory property, or the sand filter system - -all seem
viable.
Rev. C. A. McDonald, adjoining property owner, was interested in
preserving the beauty of the agricultural area.
Mrs. Copenhaver felt that the sewer and water situation was still
not satisfactorily worked out and, therefore, moved that the rezoning be
denied. This motion was seconded by Mrs. Sherwood. The motion failed due
to the following tie vote:
YES (TO DENY): Copenhaver, McDonald, Sherwood, Brumback
NO: Stiles, Golladay, DeHaven, Wilson
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Mr. Golladay moved to send this rezoning to the Board of Supervisors
with no recommendation from the Planning Commission; however, after the
water and sewer issue is resolved, it should come back to the Planning
Commission. This motion was seconded by Mr. DeHaven and unanimously
passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously agree to send Rezoning Application #004 -88 of Robert and Kitty
Hockman to the Board of Supervisors with no recommendation at this time.
The Planning Commission requests, however, that after the sewer and water
issue is resolved, that the request come back before the Commission.
Rezoning Request #011 -88 of Remington J. Cussen to rezone 18.172 acres from
A -2 (Agricultural General) to RP (Residential Performance) for single -
family and multi - family development.
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Action - Approved
Mr. Remington Cussen, applicant, described the property and the
kind of development he had planned for the area.
Mr. Hill, adjoining property owner, came forward to 'speak in
opposition to residential development at this area. Mr. Hill was concerned
about increased traffic and the amount of development currently taking
place in the Senseny Road area.
Mr. Stiles pointed out that this proposal continues the development
that was expected when the decision was made to build the regional sewage
plant on the Opequon.
Upon motion made by Mr. Wilson and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Rezoning Request #011 -88 of Remington J. Cussen to
rezone 18.172 acres for residential development. This property is located
on the north side of Senseny Road, 3/10 mile east of State Route 867, 4/10
mile west of Opequon Creek (Clarke County Line) in the Shawnee Magisterial
District.
Rezoning Request #012 -88 of MacLellan Associates to rezone 1.27 acres from
RP (Residential Performance) to B -2 (Business General) in the Gainesboro
District.
Action - Approved
Mrs. Copenhaver said that she would abstain from voting and
discussion, due to a possible conflict of interest.
Mr. Thomas Rockwood, representing MacLellan Associates, said that
these properties were conveyed as three tracts, which was a resubdivision
of five different parcels. He said that resubdivision was not picked up on
the County tax maps and so there is an anomaly in that the dividing line
between Tracts 2 and 3 does not coincide with the dividing line from former
Lots B and C. Mr. Rockwood explained that the three tracts together total
1.27 acres. Tracts 1 and 2 are currently zoned B -2 and Tract 3, which
comprises a portion of two complete lots and a portion of a third, is zoned
RP. He said that the property is surrounded on the road sides by B -2
property and adjoining property is also B -2.
Mr. Stiles asked who comprised MacClellan Associates and Mr.
Rockwood said this consisted of a corporate partner, North Mountain
Properties, Inc. and three individual partners, Dr. MacClellan, Dr.
Jackson, and Dr. Apostle.
Next, there was a discussion on whether any of the B -2 properties
were nonconforming.
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Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve rezoning Request #012 -88 of MacLellan Associates to rezone 1.27
acres from RP (Residential Performance) to B -2 (Business General). This
property is located on Route 522 North between Oak and Hickory Streets in
the Gainesboro Magisterial District.
Conditional Use Permit #009-88 of Reading Landscapes, Inc. for a
landscaping contracting business and retail nursery sales business in the
Gainesboro Magisterial District.
Action - Tabled
The staff recommended that this conditional use permit be tabled
until after the adoption of the appropriate ordinances by the Board of
Supervisors to allow this use.
Mr. Michael Bryan, attorney for Reading Landscapes, Inc. was present
to answer questions.
The Commissioners felt they could not act on this conditional use
permit until the Board of Supervisors had acted on the ordinance amendment
to allow this use in an agricultural district at their meeting of June 8,
1988.
Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
table Conditional Use Permit #009 -88 of Reading Landscapes, Inc. until
their meeting of June 15, 1988 in order to allow the Board of Supervisors
to adopt the appropriate ordinances at their meeting of June 8, 1988.
The vote on this action was:
YES (TO TABLE): Copenhaver, McDonald, Sherwood, Brumback, Golladay,
DeHaven, Wilson
NO: Stiles
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at
8:38 p.m.
Respectfully submitted,
Frank H. Brumback, Chairman
Robert W. Watkins, Secretary
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