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PC_03-01-89_Meeting_MinutesMEETINGIMINUTES COUNTY PLANNING Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on March 1, 1989. PRESENT: James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice Chairman; Manuel C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; Carl M. McDonald, Gainesboro District; Douglas Rinker, Citizen at Large; Marjorie H. Copenhaver, Citizen at Large; John Marker, Back Creek District. ABSENT: George L. Romine, Citizen at Large; Kenneth Y. Stiles, Board Liaison Planning Staff Present: Robert W. Watkins, Secretary and Kris C. Tierney CALL TO ORDER p.m. Chairman Golladay called the meeting to order at 7:00 1.11 W 61 awn - t h The Commission and staff reviewed pending applications. SUBDIVISIONS Final Subdivision Plat for the Regional Jail Site for one lot, zoned M -1, in the Fort Collier Industrial Park in the Stonewall District. Action - Approved John R. Riley, Jr., Chairman of the Regional Jail Board, was present to answer questions. Wilson, Upon motion made by Mr. DeHaven and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Subdivision Plat for the Regional Jail Site for one 20.00 acre lot, zoned M -1, in 2850 - _2 - the Fort Collier Industrial Park, located on the corner of Brooke Road and Fort Collier Road, in the Stonewall District. Final Subdivision Plat of Carlisle Estates, Section 1, for 96 townhouse units on 24.76 acres, zoned RP, in the Shawnee District. Action - Approved Mr. Bruce Edens of Greenway Engineering and Surveying Company prepared the final subdivision plats. Chairman Golladay called for anyone in the audience who wished to speak regarding this subdivision. Ms. Martha Wolf asked if the developers were required to provide open space, to pay for water and sewer, and to contribute to the schools, etc. The staff and commission explained the procedures that the developer had to follow. Mr. Wilson had positive comments about the open space in this development. He felt that the open space was useable for recreational purposes, even though it was designated as flood plain. McDonald, Upon motion made by Mr. Wilson and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the final subdivision plat of Carlisle Estates, Section 1, for 96 townhouse units on 24.76 acres, zoned RP, located at the intersection of Routes 659 and 656 in the Shawnee District. The vote on this subdivision was.: YES (TO APPROVE Marker, Copenhaver, McDonald, Sherwood, Golladay, DeHaven, Wilson NO: Rinker Carlisle Estates, Sections II, III, and IV, for 267 single - family lots on 123.9 acres, zoned RP, in the Shawnee District. Action - Approved Mr. H. Bruce Edens of Greenway Engineering and Surveying prepared the final subdivision plats. McDonald, Upon motion made by Mr. Wilson and seconded by Mr. 2851 - 3 - BE IT RESOLVED, That does hereby approve Estates, Sections II, on 123.9 acres, zoned Routes 659 and 656 in the Frederick County Planning Commission the final subdivision plat of Carlisle III, and IV, for 267 single - family lots RP, and located at the intersection of the Shawnee District. The vote on this subdivision was: YES (TO APPROVE): Marker, Copenhaver, Golladay, DeHaven, Wilson NO: Rinker McDonald, Sherwood, Final Subdivision Plat of Fredericktowne Estates, Sections I and II, for single family lots on 9.6 acres, zoned RP, in the Opequon District. Action - Approved Mr. Watkins noted that the open space is shown on the plat as an "open space easement" as opposed to land that is actually dedicated. Mr. Watkins said that the staff has no objection if the deed of dedication is drawn correctly and specifies that: 1) the land is permanently preserved in an undeveloped state; and 2) the land is open to access by the residents of the development. Mr. Charles Maddox of G. W. Clifford & Associates, said that the master plan for this subdivision was approved under the old 15,000 square foot minimum regulation. Mr. Maddox explained that Fredericktowne currently has a property owners association. He explained that if they establish open space as fee simple ownership, requiring them to establish another property owners association, it would create a second, new organizational structure at Fredericktowne. Mr. Maddox said that this would not be responsive to their intentions for this development. A discussion followed on the issue of putting Surry Drive into service as soon as possible, before the majority of Fredericktowne was constructed. It was felt that the sequence of construction needed to be addressed. Mr. Maddox said that he would address that issue the next time he came before the Commission. Upon motion made by Mr. DeHaven and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the final subdivision plat of Fredericktowne Estates, Section 1 (24 lots) and Section 2 (31 2852 - 4 - lots) , on 9.6 acres, located adjacent and to the east of the Fredericktowne Subdivision, in the Opequon District. PUBLIC HEARINGS Rezoning Application #001 -89 of Parkfield Associates to rezone 5.4465 acres from RP (Residential Perfo to B -2 (Business General) in the Gainesboro District. Action - Approved Mr. Watkins said that this rezoning involves the Winchester T.V. Cable site on Route 522 and the expansion of an existing B -2 area. He noted that there is about 300 feet of existing B -2 zoning on Route 522 and for some historical reason, does not include the cable company. Mr. Watkins said that this rezoning will move the B -2 line back somewhere between 150-250' feet to include the cable company and be parallel to Route 522. Mr. George Johnston, on behalf of Parkfield Associates, was present to answer questions. A discussion followed on the zoning history of this parcel. The Commissioners were trying to determine the zoning of the property when the cable company went in and how the property eventually came to be rezoned to RP. Mr. Howard Lewis, part owner of the property, said that approximately eight years ago, they constructed a small equipment building and two or three dishes. He did not remember the zoning at the time. He said they later came back with a site plan for the office. Mr. Lewis said that the line between the agriculture zoning and the B -2 zoning was not defined and he did not recall how it came to be rezoned to RP. Mr. Lewis said that when they sell the cable company, they would like the entire parcel to be zoned the same. Chairman Golladay called for anyone from the audience who wished to speak regarding this rezoning. Ms. Martha Wolf was concerned that this rezoning might set a precedent for strip development along Route 522. Upon motion made by Mr. McDonald and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve rezoning #001 -89 of Parkfield Associates to rezone 5.4465 acres from RP (Residential Performance) to B -2 (Business General) for the cable television business and other uses allowed in the B -2 Zone. This property is located on Route 522 North, approximately 2853 - 5 - 1,000 feet north of the Winchester Corporate limits in the Gainesboro District. Conditional Use Permit $013 -88 of Cheryl L. Anderson for an off - premise sign in the Stonewall District. Action - Approved Mr. Tierney noted that the proposed location for the sign is within the state's right -of -way. Mrs. Cheryl Anderson, the applicant, said that the sign would be located 40' from the side of Route 11 and 25' from the side of Route 836. She added that the proposed location would be 15' east of Potomac Edison Company's power poles and right -of -way. Mrs. Anderson said that she has applied for a permit from the Virginia Department of Transportation to put the sign in the state's right -of -way. The Commission and staff discussed whether or not an off - premise sign needed business zoning. It was noted that county regulations allow off - premise signs in all zones; however, state regulations prohibit off - premise signs along some primary roads without the proper zoning. The staff noted that secondary roads and some others do not require commercial zoning according to state regulations. No one else was present to speak in. favor or opposition to this conditional use permit. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve conditional use permit #013 -88 of Cheryl L. Anderson for an off - premise sign to be located on the southeast corner of the intersection of Routes 11 and 836 in the Stonewall District, with the following conditions: 1. This will be 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. All necessary local and state permits need to be obtained. Conditional Use Permit $001 -89 of Charles and Nancy Thompson for a Cottage Occupation for garden supplies and rentals, 2854 - 6 - preparation and sale of baked goods, crafts and gifts shop, and water hauling in the Gainesboro District. Action - Approved Mr. Tierney said that the Thompsons received a conditional use permit for a cottage occupation /garden supplies and rental in 1982. Since then, the use has expanded and the Thompsons have applied for a revised permit. Mr. Tierney said that the staff has received some complaints regarding Mr. Thompson's business. He noted that the original cottage occupation was for garden supplies and rentals and soon after that, a water hauling business was added and administratively approved. Mr. Tierney said that the Thompsons want to include baked goods, crafts and gifts to their cottage occupation. Mr. Charles Thompson said that he operates a greenhouse, from which he sells potted plants, he sells childrens clothing, he manufactures and sells lawn furniture, and he has a 40 -acre orchard. Mr. Thompson said that he has one full -time employee and one person under contract as a salesman for the lawn furniture. He added that the complaints received by.the staff were about his business expanding too quickly. Chairman Golladay called for anyone who wished to speak regarding this conditional use permit and the following people came forward: Mr. David Peek, an adjoining property owner, said that Mr. Thompson's activities were not in keeping with the residential area. Mr. Peek said that Mr. Thompson's business has expanded over the years to the point where it resembles a junk shop. Mr. Peek felt that Mr. Thompson's business was reducing the value of his property. He was concerned about lights being on throughout the night and he did not like to see the lawn ornaments, ceramic pots, and lawn furniture displayed on the front lawn. Mr. Peek said that there are about five different businesses taking place on the property and he felt these activities could not be considered as a home occupation any longer. Mr. George Sempeles inquired if Mr. Thompson had received a permit from the Health Department to sell the baked goods. Mrs. Ann Grogg, resident in the area, said that she did not object to Mr. Thompson continuing his activities under a conditional use permit, but she did not want to see the property rezoned to business. Chairman Golladay asked Mr. Thompson if all activities were taking place inside of a building. Mr. Thompson said that the lawn furniture manufacturing takes 2855 - 7 - place in a building at the rear of the property, the crafts shop takes place in the garage, and the bakery is in his residence. Mr. Thompson said that lawn furniture and ornaments are displayed on his front lawn for sale. After some discussion, the Commission felt that Mr. Thompson's activities could still take place under the guidelines of the cottage occupation use. DeHaven, Upon motion made by Mr. McDonald and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve conditional use permit #001 -89 of Charles and Nancy Thompson for a cottage occupation for garden supplies and rentals, preparation and sale of baked goods, crafts and gifts shop, and water hauling on property located 1/2 mile north of White Hall, on the west side of Route 739, 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. 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. Hours of operation shall be from 7:00 a.m. to 9:00 p.m., Monday through Friday. The vote on this conditional use permit was: YES: (TO APPROVE Marker, Copenhaver, McDonald, Sherwood, Golladay, DeHaven, Wilson ABSTAIN Rinker An Amendment to Allow Concrete Block Manufacturing as an Allowed Use in the M -1 Zone Action - Approved Mr. Tom Gilpin was present to speak in favor of the amendment. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve an amendment to Chapter 21, Article XIV, M -1 (Light Industrial), Section 14 -2, Permitted Uses, as follows: 285 - 8 - 14 -2 -1.1.1 The manufacture of concrete block, brick and related products. All storage or manufacturing activities that are not located within a fully enclosed structure shall be fully screened from the view of surrounding properties or public right -of -ways by an opaque fence of sufficient height or by landscaped screens as defined by this chapter. Adoption of the Revised 1988 -89 Comprehensive Policy Plan for Frederick County Action - Approved Chairman Golladay called for anyone wishing to speak in favor or opposition to the plan. plan. Mr. Steve Cote' came forward to speak in favor of the Mr. George Sempeles was concerned about the Hackwood mansion being included inside of the urban development area of the comprehensive plan. Mr. Sempeles felt that the Hackwood mansion was one of the county's most valuable assets as far as historical importance and as a watershed and he wanted to see this area preserved and protected. Mr. Watkins noted that historic sites will be included in the urban development area, however, the county needed to develop a policy to protect those sites. He said that the county needed to appoint a Historic Resource Advisory Committee, now that the historic site survey is underway. Mr. George Johnston came forward to speak on behalf of Helen Moore. Mr. Johnston asked that Mrs. Moore's property, consisting of 54+ acres south of Bartonsville, be included in the urban development area of the Comprehensive Plan. The Planning Commission felt that since the Comprehensive Plan is updated each year, they would consider including this tract the next time the plan was updated. Ms. Martha Wolf expressed her concern regarding historic preservation and she also inquired if scenic easements were included in the plan. Ms. Wolf was also concerned about the rate of growth in Frederick County and asked if this was addressed in the Comprehensive Plan. Chairman Golladay explained that the Board of Supervisors has funded $15,000 towards a historic resources survey. He said that the Winchester- Frederick County 2857 - 9 - Historical Society, who is undertaking the project, has received an $18,000 state grant for additional funding. The Chairman noted that this study is currently being done and when finished, the Historical Society will come to the Planning Commission with their findings. It was also noted that the Comprehensive Plan contained policy statements to promote the preservation of historic sites and scenic vistas and also promoted activities to encourage tourism. Sherwood, Upon motion made by Mr. McDonald and seconded by Mrs. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the 1988 -89 Comprehensive Plan for Frederick County. PUBLIC MEETINGS Master Development Plan #016 -88 of Winchester Office Park for condominium office buildings and warehouse space for sale on 30.862 acres, zoned B -2 and B -3, in the Shawnee District. Action - Approved Mr. Nevill Turner, of Wiltshire Turner Ltd., was one of the partners in the Winchester Office Center Limited Partnership, the property owners. Mr. Turner presented the plan to the Commission. Mr. Tierney said that this proposal is for an office and mixed use industrial park, consisting of 73,752 square feet of office space and 157,200 square feet of industrial space on 27.87 acres. He noted that an additional three plus acres exists in three out parcels, zoned B -2. Mr. H. Bruce Edens, of Greenway Engineering and Surveying Company, was the engineer for this project. Mr. Junior Triplett, an adjoining property owner, said that he was not opposed to the development; however, he was concerned about the entrance off Route 522. Mr. Triplett felt that this entrance would not be safe and he felt a turning lane should be required. Regarding entrances, it was noted by the Chairman that the Commission could not require any more than the Virginia Department of Transportation required, according to State Law. The Commission discussed the entrances and agreed that turning lanes would help the situation. They also felt that an internal road network would be appropriate. McDonald, Upon motion made by Mr. Wilson and seconded by Mr. - 10 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Master Development Plan #016- 88 of Winchester Office Park for condominium office buildings and warehouse spaces for sale on 30.862 acres, zoned B -2 (Business General) and B -3 (Industrial Transition). This property is located .7 miles south of the Route 50 /Route 522 intersection, on the east side of Route 522, in the Shawnee District. No other business remained to be discussed and the meeting adjourned at 9:40 p.m. Respectfully submitted, James W. Golladay, Jr., Chairman Robert W. Watkins, Secretary 2859 P