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PC_07-05-89_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse, Winchester, Virginia on July 5, 1989. PRESENT Planning Commissioners present were: James W. Golladay, Jr., Chairman; Beverly Sherwood, Vice Chairman; John Marker, Back Creek: District; Carl M. McDonald, Gainesboro District; Manuel C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; Roger L. Thomas, Citizen at Large; and Kenneth Y. Stiles, Board Liaison. Planning Staff Present were: Robert W. Watkins, Secretary; Evan Wyatt and W. Wayne Miller. C ALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Mr. Romine and seconded by Mr. Marker, the minutes of June 7, 1989 were unanimously approved as presented. Upon motion made by Mr. McDonald and seconded by Mr. DeHaven, the minutes of June 21, 1989 were unanimously approved as presented. BIMONTHLY The Commissioners and staff reviewed pending SUBDIVISIONS Resubdivision Flat of Greenbrier Village, Section v, for 15 lots on 4.2216 acres, zoned RP, in the Opequon District. Action - Approved Mr. Bill Tisinger, representing this application, said that the present layout contains 13 lots ranging from 12 to 16,000 square feet. He said that the proposed layout contains 15 lots ranqing from 12 to 13,000 square feet. Mr. Tisinger said that an old house on the property was removed, allowing them to realign the lots. The staff not that the change was not inconsistent with the approved master development plan or with the square footage of the surrounding lots. Upon motion made by Mr. Thomas and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unani- mously approve the Resubdivision Plat of Greenbrier Village, Section 3, for 15 single - family lots on 4.2216 acres, zoned RP. This property is located on the north side of Route 647, northeast of Stephens City, in the Opequon District. 2921 Pane 2 Subdivision Plat of Lenoir City Company of Virginia for the division of one lot, zoned M -1, (8.4815 acres) for industrial use in the Stonewall District. Action - Approved Mr. Thomas Gilpin, the applicant, noted that water and sewer service is available and the line will have to be extended about 100'. The staff noted that the Sanitation Authority would need to give their approval on the plat. Upon motion made by Mr. DeHaven and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unani- mously approve the subdivision plat of Lenoir City Company of Virginia for the division of one lot (Lot 10) in the Stonewall Industrial Park, located on Tyson Drive, adjacent to the American Woodmark distribution facility, on the north side of Route 661, in the Stonewall District. PUBLIC MEETING Preliminary Master Development Plan #003 -89 of Stephens City Professional Center for a bank and office buildings on 2.9347 acres, zoned B -1, in the Opequon District. Action - Approved Mr. Charles E. Maddox, Jr., a consulting engineer with G. W. Clifford & Associates, presented the master development plan to the Commission. The Commission expressed concern about the need for a center turn lane along Route 647 in order to handle the accummulative affect of all the busi- ness uses along that road. It was noted that additional right -of -way may have to be dedicated and that this matter would have to be addressed by VDOT. Mr. Ulysses Carriker, an adjoininq property owner, had the following concerns. 1) location of parking areas; 2) directing night time lighting away from residential homes; 3) noise reduction by continuing the earth berm from the McDonald's restaurant along the east side of this property and plantinq evergreens along the top of the berm; 4) limiting noise created by power transformers; 5) preferred to have sewer extended south towards Route 277. Mr. Donald Sager, the owner, addressed some of Mr. Carriker's concerns. It was noted that all these matters would have to be addressed at the site plan stage. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Fredericka County Planning Commission does hereby unani- mously approve Preliminary Master Development Plan #003 -89 of Stephens City Pro- fessional Center for a bank: and office buildings on 2.9347 acres zoned B -1. This property is located 750' north of the intersection of Routes 647 and 277, adjacent to I -81 and north of the McDonald's truck parking lot. 2922 Page 3 Revised Preliminary Master Development Plan #005 -89 of Georgetown Court for townhouses on 12.92 acres, zoned RP, in the Opequon District. Action - Tabled Mr. Tom Louthan, attorney, was representing Dr. John E. McAllister and Mrs. Jane McAllister. Mr. Louthan said that two parcels adjacent to the initial Georgetown Court plan (39 units on 6.63 acres) were added: to the west, 4.2 acres with 34 townhouses proposed and to the east, two acres with 16 townhouses proposed. The Commissioners were concerned because the proposal called for almost doubling the number of units proposed on the original plan. They felt that major issues, especially traffic and density, had not been addressed. They felt that this proposal should be addressed as a new master plan rather than a revi- sion of the old plan. Mr. James Longerbeam, the project coordinator, said that they would be willing to reduce the density on the western side of the project and provide screening for the Nottoway subdivision. Mr. Thomas moved to table the request for 30 days in order to allow the applicant to address the concerns of the Planning Commission. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Revised Preliminary Master Development Plan #005 -89 of Georgetown Court for 50 units on 6.2B acres in addition to the approved 39 units on 6.63 acres. This property is located on the north side of Route 277, east of Stephens City, in the Opequon District. PUBLIC HEARINGS Conditional Use Permit #010 -89 of Nick Turner for a landscaping and lawn service business to be located on Route 645 in the Shawnee District. Action - Approved The staff noted that a conditional use permit by Jane Sullivan for a public garage had been revoked on this property due to an unresolved setback violation on a shed located on the property. It was noted that landscape contracting businesses were permitted in the RA Zone with a conditional use permit. Mr. Wilson abstained from discussion and voting, due to a possible conflict of interest. Mr. James McManowey, the broker associated with the transfer of property from the Sullivans to the Turners, and Mr. Nick Turner, the applicant, were pre- sent to answer questions from the Commission. The issue of the existing setback violation was discussed. Mr. Turner said that he would be willing to rectify the violation by applying for a variance from the Board of Zoning Appeals. The number of vehicles and employees were also discussed. 2923 Page 4 Upon motion made by Mr. Romine and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick: County Planning Commission does hereby approve Conditional Use Permit #010 -89 of Nick Turner for a landscape and lawn service on Route 645, in the Shawnee 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. Any existing setback violation will need to be rectified prior to issuance of this permit. 4. Equipment used in conjunction with the business shall be screened from adjoining properties. 5. A maximum limit of five vehicles associated with the business shall be placed on the property and a maximum number of six employees shall be allowed. All commissioners voted in favor with Mr. Wilson abstaining from vote. Conditional Use Permit #011 -89 of Richard L. and Margaret D. Goodwin for a public garage to be located on Route 50 in Hayfield, in the Back Creek: District. Action - Approved Mr. Richard Goodwin, the applicant, said that he has operated a garage at this location for approximately six years. Mr. Goodwin said that he wanted to expand his business to include trailer and truck body repair. The Commissioners discussed the storage of trailers waiting to be repaired with Mr. Goodwin. Upon motion made by Mr. Marker and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unani- mously approve Conditional Use Permit #011 -89 of Richard L. and Margaret D. Goodwin for a public garage with body repair, located on Route 50 at Hayfield, 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. .. All repair wort: shall take place entirely within an enclosed structure. 4. All exterior storage of parts and equipment shall be screened from view of surrounding properties by an opaque fence or screen at least five (5) feet in height. This fence or screen shall be adequately maintained. 5. There shall be a six -month time limit for storage of trailers waiting for repair. Page 5 Rezoning Application #009 -89 of Lake Centre to rezone 4.1613 acres from RP (Residential Performance) to B -1 (Business Limited) for a shopping center in the Shawnee District. Action - Approved Mr. Charles E. Maddox, Jr., consulting engineer with G. W. Clifford R Associates, presented the proposal to the Commission. Mr. Maddox noted that a major collector road ( Chinkapin Drive) brings traffic from the Lakeside develop- ment to Route 642, however, Route 642 is scheduled for improvements from Route 522 through to Route 37. Other issues addressed were: Two entrances were proposed - -one on Route 642 and one on Chinkapin Drive. Three small outlots were provided for personal services. Outlot #3 would not have a separate access to Route 642. The area to the rear of the site is part of the desiqnated open space for Lakeside and cannot be used. Mr. Stiles pointed out that as the county gets involved in the design of Route 37 and dealing with properties that right -of -ways would cross, the owners of property north of Lakeside would need to include, as a part of their propo- sals, an entire internal traffic circulation plan that would involve extending Chinkapin and eventually connecting it with the extension of Route 636. He said that Chinkapin would eventually extend to Route 37. Another point of concern with the Commission was the hours of operation for the shopping center. Mr. David Holliday, the owner, presented a letter stating that the hours of operation for Lake Centre would be from 6:00 a.m. until 12:00 midnight. Chairman Golladay asked Mr. Holliday for his comments regarding the improvements on Route 642. Mr. Holliday said that he had set aside some land for the widening of Route 642, at no cost to the state, as he realized that the road would eventually need to be widened. Mr. Holliday said that if he was ready to start developing before the state widened the road, he would be willing to put in some acceleration /deacceleration lanes at his own expense. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unani- mously approve Rezoning Request #009 -89 of Lake Centre for a shopping center at the southeast corner of State Route 642 and Chinkapin Drive at Lakeside Estates. CODE AMENDMENTS An amendment to the Frederick: County Code requiring impact analysis by appli- cants as a part of rezoning applications. The amendment also proposes standards for waiving this requirement. Action - Approved Upon motion made by Mr. McDonald and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unani- mously approve an amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article I, In General, Section 1 -5, Amendments to Chapter, Subsection 1 -5 -5, Impact Analysis, requiring applicants for rezoning to submit an analysis of impacts of the rezoning. 2925 Page 6 An amendment to the Frederick County Code to enact conditional zoning and describing the procedures, standards and types of proffers. Action - Approved Upon motion made by Mr. McDonald and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unani- mously approve the amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article I, In General, Section 1 -5, Amendments to Chapter, Subsection 1 -5 -6, Conditional Zoning, to allow applicants to proffer conditions to be adopted with rezoning requests. Provisions for standards, types of proffers, amendment of conditions and enforcement of conditions are included. An amendment to the Frederick County Code to require master development plan approval in the HE (Higher Education) District. Action - Approved Upon motion made by Mr. McDonald and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unani- mously approve an amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article VI, Master Development Plans, to include the HE (Higher Educa- tion) District in the list of districts requiring a master development plan. INTRODUCTION OF W. WAYNE MILLER, ZONING ADMINISTRATOR Mr. Watkins introduced Mr. W. Wayne Miller, the newly hired zoning admi- nistrator for the Department of Planning and Development. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:40 p.m. Respectfully submitted, Robert W. Watkins, Secretary James W. Golladay, Jr., Chairman 2926