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PC_10-04-89_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on October 4, 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; Douglas Rinker, Citizen at Large; Marjorie H. Copenhaver, Citizen at Large; Roger L. Thomas, Citizen at Large; and Kenneth Y. Stiles, Board Liaison. Planninq Staff present were: Robert W. Watkins, Secretary; Kris C. Tierney; Evan A. Wyatt; W. Wayne Miller ABSENT: George L. Romine, Citizen at Large; S. Blaine Wilson, Shawnee District CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES The first order of business was the consideration of the minutes of September 6, 1989 and September 20, 1989. Upon motion made by Mr. McDonald and seconded by Mrs. Copenhaver, the minutes of September 6, 1989 were unanimously approved with a correction to page 4. Upon motion made by Mr. DeHaven and seconded by Mrs. Sherwood, the minutes of September 20, 1989 were unanimously approved with a correction to page 2. BIMONTHLY REPORT Chairman Golladay accepted the bimonthly report for the Commmission's information. REPORTS Transportation Committee 2975 - 2 - Mr. Tierney said that the Transportation Committee met on October 2 and approved the Six Year Secondary Road Plan. He said that the Board of Supervisors will hold a public hearing for the plan on October 25, 1989. MASTER DEVELOPMENT PLANS Revised Master Development Plan #009 -89 of Frederick Woods for single - family detached cluster housing in the Opequon District. Action - Approved Mr. Charles Maddox, the engineer for this project, was present to represent the Case - Edwards Company. Mr. Maddox also introduced Mr. Bill Tisinger, attorney, and Mr. Michael Fox, Program Director. Mr. Maddox presented the master plan to the Commission. Concern was expressed by some of the Commissioners that the density (2.86 units /acre) may be too high in comparison to surrounding developments. It was noted that the applicant was taking advantage of the bonus for curb and gutter, allowing for higher density. Because of the 10,000 square foot lot size, the 80' frontage, and the 35' setback proposed by the developer, the Commissioners felt that the appearance of a lower density development would be created. Concern was also expressed that nothing was shown on the plan regarding improvements to Routes 647 and 642. Mr. Maddox said that additional right -of -way will be granted at the time each section of road is completed and dedicated. He noted that they have not shown any road improvements on this plan except for acceleration and deacceleration lanes. Some of the commissioners were interested in an analysis of impacts on traffic and schools in the area. DeHaven, Upon motion made by Mr. Thomas and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Revised Preliminary Master Development Plan #009 -89 of Frederick Woods for single family detached cluster housing on 33.50 acres, zoned RP, located on the southeast corner of the intersection of Routes 642 and 647, just north of Albin Village in the Opequon District, with the following stipulations: 1) No lot in the development will be less than 10,000 square feet. 2) The density shall not exceed 2.8 units per acre. 3) For planning purposes, the applicant shall submit statements of analysis of the impacts on traffic and schools in the area for the 2976 - 3 - next application submittal. Mr. Stiles noted for the record that he was not sure that the impacts of 95 single family houses on the schools and roads weren't going to be nearly as great as the impact of 280 apartments, however, this is what the residents in the area wanted. Subdivision Request of Texaco Refining and Marketing, Inc. for two lots in the Opequon District. Action - Approved Mr. Bruce Edens, engineer, was present to represent this subdivision request. Mr. Edens said that no new construction is planned. The 2.35 acre tract is being leased by McDonalds and the 1.059 acre tract is owned by Texaco. Upon motion made by Mr. Thomas and seconded by Mr. Rinker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision request of Texaco Refining and Marketing, Inc. for two lots (2.35 acres and 1.059 acres), zoned B -1 and B -2, and located at the intersection of Routes 277 and 647 in the Opequon District. PUBLIC HEARINGS Rezoning Request #018 -89 of Roundball Associates to rezone 2.82 acres from RP (Residential Performance) to B -2 (Business General) in the Opequon District. Action - Approved The planning staff noted that a letter has been received from the Town of Stephens City approving the applicant's request for an out -of -town sewer connection to the site. Staff comments noted that the site is located in a small existing business area adjacent to the Town of Stephens City. Nonconforming business uses exist on the site. It was the opinion of the staff that this was an appropriate business location because of existing land use patterns, however, significant further expansions of this business area should be limited until potential traffic impacts are addressed. Mr. Nicholas Smart was present to represent Roundball Associates. He noted that Roundball Associates was a partnership consisting of Dr. John Merino and himself. Mr. Smart said that they are interested in improving the appearance of the property. He also submitted a list of proffers for the site. 2977 - 4 - It was noted that some of the residents in the area were having septic problems but could not hook up to public sewer because they were outside of the Town of Stephens City. It was noted that the Stephens City Town Council must approve each individual connection. Mr. Smart said that Roundball Associates were willing to work with their neighbors to try to improve the sewer situation. McDonald, Upon motion made by Mr. Thomas and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #018 -89 of Roundball Associates to rezone 2.82 acres from RP (Residential Performance) to B -2 (Business General) with the acceptance of revised proffers dated October 2, 1989. This property is located on Route 11, just before Route 641, on the northern boundary of the town of Stephens City and designated at Lots 1 through 6 of the Massie Subdivision in the Opequon District. Rezoning Request #019 -89 of D. Wayne Wilson to rezone 19.2 acres from RP (Residential Performance) to B -2 (Business General) in the Opequon District for a combination of general retail with professional townhouses. Action - Tabled for 30 Days The staff expressed concern about possible impacts on Route 641 and the intersection of Route 641 with Route 277. However, they felt that sufficient proffers have been provided to address potential traffic impacts. The staff and Commission discussed the proffers, which dealt with transportation, screening and buffering, and sewer and water. Mr. Wayne Wilson, the applicant, was present to answer questions from the Commission. Chairman Golladay called for anyone in the audience who wished to speak regarding this rezoning and the following persons came forward to speak in opposition: Mr. Glen Martin, 5261 Warren Avenue in the Pines, felt that the traffic problems that would be generated had not been adequately addressed. He was also concerned about the safety of the children in the community. Mr. Walter Quitter, 367 Buckingham Drive, also had concerns about the traffic. Mr. Quitter said that the neighborhood children walk to Aylor's School by way of Route 641. He noted that Buckingham Drive and Nottoway Drive also have heavy pedestrian traffic. Mr. Quitter felt that a comprehensive traffic analysis 2978 - S - needed to made for Routes 641 and 277 before the rezoning was approved. Mrs. Brenda Williams, 383 Buckingham Drive, said that they were not in favor in having a shopping area adjoining their property. Mrs. Williams was concerned about trash, foot traffic and truck traffic. Mrs. Jane Pearson, 289 Brunswick Road, was also opposed for the same reasons as previously mentioned. The Commissioners felt that Route 641 had limited capability to handle more traffic because of the curve radius, road widths, and safety for neighborhood children. They felt they needed to know the amount of traffic that would be generated and the capability of the roads and traffic lights to handle the increased traffic before they could make a decision on rezoning. With that in mind, the commissioners felt it would be helpful for the applicant to submit a traffic analysis and provide possible solutions to the traffic problems. Upon motion made by Mr. Thomas and seconded by Mr. Rinker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Request #019 -89 of D. Wayne Wilson for 30 days in order for a traffic analysis to be performed and a solution to the potential traffic problem on Route 641 to be addressed. The vote was: YES TO TABLE): Copenhaver, Sherwood, Rinker, Thomas, Golladay NO: Marker, McDonald, DeHaven (Mr. Wilson and Mr. Romine were not present at the meeting.) Conditional Use Permit #013 -89 of Richard Dale Kerns and Merle D. Kerns for a country general store selling groceries, miscellaneous items and possibly having a deli and gasoline pumps in the Gainesboro District. Action - Approved Staff comments noted that a conditional use permit for this site was approved in 1979 prior to the applicant acquiring the property. This permit was not active, therefore, a new application was required. It was noted that a site plan would be required for development, since this is a public use facility. Mr. Richard Dale Kerns said that this was an old existing store operated by the Whitacre brothers and was closed in 1964. 2979 - 6 - Mr. Kerns said that they recently purchased the property and would like to reopen the store. Mr. Bruce Whitacre, the previous owner of the store and property, came forward to speak in favor of granting this conditional use permit. He felt that since the closest store in the area was five to six miles away, that there was a need for a general store in the area. Mr. Whitacre also spoke highly of the Kerns' good standing in the community. Mr. McDonald moved to strike Condition #1 under staff recommendations which required annual review and renewal. This motion was seconded by Mrs. Copenhaver and unanimously approved. Rinker, Upon motion made by Mr. McDonald and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #013 -89 of Richard Dale Kerns and Merle D. Kerns for a country general store to be located at the intersection of Routes 600 and 690 in the Gainesboro District with the following conditions: 1. 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. 2. Off road parking is required. 3. All Virginia Department of Transportation and Health Department requirements must be met. 4. A site plan must be submitted for the location. Conditional Use Permit #014 -89 of Robert R. Sheehan, Jr. for a cottage occupation for a sign shop in the Gainesboro District. Action - Approved Staff comments noted that this use is permitted in the RA District with a conditional use permit. It was noted that the applicant may wish to expand the business into a yet to be constructed two -car garage. The staff noted that this would be permissable if the facility is constructed under the required zoning and building permits. Mr. Robert R. Sheehan, Jr. was present to answer questions from the Commission. Mr. Sheehan said that he would like to construct a two -car garage for his business to avoid paint fumes in his basement and also, he sometimes does work on commercial vans and would like to be able to pull those inside the garage to work on. Mr. Sheehan said that he also wanted to erect a sign in his 2980 - 7 - yard to advertise his business. Mr. Henry Buettner, adjoining property owner, was in favor of granting Mr. Sheehan a conditional use permit. Mr. McDonald moved to amend condition #1 under the staff recommendations to make this a five year permit instead of a one year permit. This motion was seconded by Mr. Rinker and unanimously approved. Rinker, Upon motion made by Mr. McDonald and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #014 -89 of Robert R. Sheehan, Jr. for a cottage occupation for a sign business to be located on Route 50 West, next to the Hayfield Family Restaurant, in the Gainesboro District with the following conditions: 1. This is a five -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. Expansion into an accessory building is permitted provided that plans for the expansion are submitted to the Planning and Development Department for administrative review. 4. Activity associated with this use, including storage, shall be conducted wholly within an enclosed structure. Conditional Use Permit #016 -89 of Winchester Truck Equipment for an office premise sign in the Stonewall District. No Action Taken It was noted by the staff that during review of this application it was determined that a business sign was not a permitted use in an RP District. The applicant is presently attempting to find another location for the sign. No one was present to speak either in favor or opposition to this matter. No action was taken by the Commission. Conditional Use Permit #017 -89 of Richard A convenience store in the Opequon District. Reeler for a 2981 - 8 - Action - Approved Mr. Richard Keeler, the applicant, was present to answer questions from the Commission. Mr. Thomas moved to delete condition #1 under staff recommendations, which recommended that this be a one -year permit, and he also moved to add condition #5, which would require the applicant to submit a site plan. This motion was seconded by Mr. McDonald. Rinker, Upon motion made by Mr. Thomas and seconded by Mr. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #017 -89 of Richard A. Keeler for a convenience store to be located on the west side of Route 11 North, across the entrance to the Lord Fairfax Community College, on the southwest corner of Route 634, in the Opequon District with the following conditions: 1. 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. 2. All Virginia Department of Transportation, Health Department, Fire Marshal and Planning requirements must be met. This is to include mandatory connection to public sewer and water when available. 3. Adequate on -site parking is to be provided. 4. A site plan is required. An amendment requiring underground utilities in RP, R -4 and MH -1 Developments Action - Approved Marker, Upon motion made by Mr. Rinker and seconded by Mr. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously approve the ordinance to amend the Frederick County Code, Chapter 18, Subdivision Ordinance, to amend Article III, Section 3 -9, Design Standards, as follows: 3 -9 All lots in the RP (Residential Performance) , R -4 (Residential Planned Community) and MH -1 (Mobile Home Community) Districts shall be served by underground utilities, except for lots containing single - family detached -rural traditional housing. 2982 - 9 - No further business remained to be discussed and the meeting adjourned at 9:50 p.m. Respectfully submitted, Ja es W. Golladay, Robert W. Watkins 2983