Loading...
PC_02-05-86_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room in the Old Court House, 9 Court Square, Winchester, Virginia, on February 5, 1986. PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; George L. Romine; Marjorie H. Copenhaver; Kenneth Y. Stiles; Manuel C. DeHaven; Col. Lynn Myers; Carl M. McDonald; S. Blaine Wilson; John R. Riley, Jr., County Administrator; Robert W. Watkins, Secretary CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. Mr. John R. Riley, Jr., Frederick County Administrator, announced that Stephen M. Gyurisin has accepted an opportunity to come back to work for the County of Frederick in his capacity as Deputy Director effective February 6, 1986. Mr. Romine moved that the Commission was in support of the decision to have Mr. Gyurisin return as Deputy Director. This motion was seconded by Mr. Golladay and passed unanimously. MINUTES Upon motion made by Col. Myers and seconded by Mr. Golladay, the minutes of January 22, 1986 were unanimously approved. BIMONTHLY REPORT The Commission discussed pending applications. COMMITTEE REPORTS Economic Development Committee Mr. Romine, of the Economic Development Commission, reported that Stanley Door will be opening their plant this month. Transportation Committee Mr. Golladay reported that the Transportation Committee will meet on February 10, 1986 to begin corridor studies on Routes 50 and 522 and to discuss progress on Routes 37, 11, and 81. Capital Improvements Plan Subcommittee Mr. Stiles said that there has been legislation in the General Assembly to construct a new fruit research laboratory and to move the 2185 -2- location of the existing facility on Valley Avenue. Mr. Stiles suggested that the Capital Improvements Plan Subcommittee reconvene to discuss the possibility of purchasing the Valley Avenue building if it goes on the market for sale. SITE PLANS Site Plan #001 -86 of Vernon E. Stupp Company for sales and service of construction equipment on Route 11 North in the Stonewall District. ACTION - Approved Mr. Watkins stated that he was in possesion of a letter dated April 18, 1985 to the applicant from John T. P. Horne stating that this use was allowed in a B -2 Zoning District as long as the applicant stayed within the guidelines for screening and storage of equipment. The Commission discussed whether heavy equipment sales and service was an appropriate use for a B -2 zone. Mr. Claude W. Stupp, General Manager of the present dealership, explained that they would have 3-5 employees, they will have both new and used equipment and provide both sales and service. Mr. Stupp said that the one -story metal building will be 60' x 100'. Mr. Stiles asked Mr. Stupp if there were plans to utilize the strip of land behind the church. Mr. Stupp replied that they did not purchase that particular piece of property. Mr. Marvin Renner of Rest Methodist Church came forward and stated that he would like to request that screening be placed between the cemetery and the Stupp lot. Mr. Renner also requested that no equipment demonstrations be conducted during funeral times. Mr. Stiles moved to amend the site plan to (1) require screening between any equipment storage and either Route 81 or the Rest Church property on the south side and (2) that the equipment demonstration area be designated on the site plan. This motion was seconded by Mr. DeHaven and approved by the following majority vote: YES: Mrs. Copenhaver and Messrs. McDonald, Myers, Stiles, DeHaven, Wilson, and Romine NO: Mr. Golladay Mr. Stiles moved for approval of Site Plan #001 -86 of Vernon E. Stupp Company as amended with the reason being that the staff had previously informed Mr. Stupp that the B -2 zoning was suitable for this use and thereby obligating the Commission to some degree. Mr. Stiles felt that in reality this use is not and should not be intended to be in a B -2 zone. This motion was seconded by Mr. Romine. 2186 -3- BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve amended Site Plan X6001 -86 of Vernon E. Stupp for Construction Equipment Sales and Service on Route 11 N in the Stonewall District. Those amendments being (1) screening is required between any equipment storage and either Route 81 or the Rest Church property on the south side and (2) equipment demonstration area must be designated on the site plan. The vote on this site plan was: YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Romine NO: Mr. Golladay ABSTAIN: Messrs. DeHaven, Wilson Site Plan #002 -86 of Toan and Associates for warehouses in the Stonewall Industrial Park, Stonewall Magisterial District. ACTION - Approved Mr. Douglas Toan, one of the associates with Toan and Associates and builder of the warehouse, came forward to represent this site plan. Chairman Brumback asked the applicant for his feelings in regard to the fire company's request for a fire hydrant on the west side of the entrance. Mr. Toan replied that they will meet that requirement. Mr. Toan added that this is a two -phase project consisting of a 300' x 200' warehouse and a 120' x 120' warehouse. He said that they plan to build only the 60,000 square foot building at this time. Mr. Toan said that his construction office will be in the front of the first building. He said that water and sewer is available on the property and that the warehouses will be for storage of low hazard materials. Motion was made by Mr. DeHaven to approve this site plan with the condition that a fire hydrant be installed on the site. This motion was seconded by Mr. Wilson. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #002 -86 of Toan and Associates for two warehouses in the Stonewall Industrial Park, Stonewall Magisterial District, with the condition that a fire hydrant be placed on the site as per requirements of Chapter 10 of the Frederick County Code. Site Plan X6003 -86 of D & M Plumbing and Heating for a 80' x 50' warehouse and a 20' x 50' office on Lot 5, Imboden Drive, in the Stonewall Magisterial District. ACTION - Approved Mr. Donald Arnold, owner of D & M Plumbing and Heating, came forward. 2187 -4- Mr. Stiles informed the applicant that the road is constructed to state standards, but will not be taken into the state's system until three businesses occupy the street. Upon motion made by Mr. Stiles and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #003 -86 of D & M Plumbing and Heating for a warehouse and office on Lot 5, Imboden Drive, Stonewall Magisterial District. Final Master Development Plan of Regency Lake Estates for 600 mobile homes and 72 single - family detached residential building lots. ACTION - Approved Mr. Charles Maddox, Engineer with G. W. Clifford and Associates, was the representative for this site plan. Mr. Maddox stated that he has met with Mr. Jones of the Sanitation Authority about fire hydrants and will be meeting with the fire company in the near future. Mr. Maddox next pointed out on the site plan where the utility lines ran across the property. Mr. Watkins said that the State has reserved the right to require a traffic signal at the Route 7 intersection. Upon motion made by Mr. DeHaven and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Final Master Development Plan #004 -86 of Regency Lake Estates for the planned residential development of 600 mobile homes and 72 single family detached residential building lots at the end of Warner Lane, east of the intersection of Route 7 and I -81 in the Stonewall Magisterial District. Amended Final Master Development #001 -84 of Country Park to reduce the number of patio units originally approved from 38 to 30. ACTION - Approved Mr. Watkins said that the amended plan removes lots from the northwest corner of the parcel and places new lots on the cul -de -sac. Mr. Watkins stated that due to the steepness of three lots (96, 97, 98) it was the staff's opinion that these building sites did not meet the intent of the RP District. Mr. Thomas Glass, owner /builder /developer, said that the area he would be eliminating is along the top of the ridge. He said that this area, consisting of one acre plus, is flat, completely wooded and would make a beautiful area for open space. He felt the three additional lots on the cul -de -sac, although steep, would not be difficult to build on. Mr. Glass -5- said that he planned to use a double basement wall on the steepest lot, number 96. Mr. Glass added that his future plans for the development were to sell houses and discontinue renting units. The Commission and the developer next discussed whether the three lots in question were buildable and whether they met the intent of the RP District. The Commission decided that Lots 97 and 98 were buildable lots, but eliminated Lot 96, due to its steepness. Upon motion made by Mr. Stiles and seconded by Col. Myers, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve amended Final Master Development Plan 4001 -84 of Country Park as presented but minus Lot #96. This subdivision is located at the intersection of Routes 656 and 657 in the Shawnee Magisterial District. Rezoning Request X6013 -85 of Dorset T. Russell to rezone 5 acres from M -1 (Industrial Limited) to M -2 (Industrial General) in the Shawnee Magisterial District. ACTION - Withdrawn Chairman Brumback stated that this rezoning has been withdrawn and will not be considered. Rezoning Request X6001 -86 of Joseph K. Spangler to rezone 5 acres from A -1 (Agricultural, Limited) to B -1 (Business, Limited) in the Gainesboro Magisterial District. ACTION - Tabled Mr. Joseph K. Spangler, owner and operator of Branner's Gift Shop at Cross Junction, came forward. Mr. Spangler stated that he cannot expand the way he wanted to under conditional use permits. He said that he wanted to build a separate building for use as a convenience store, groceries, and fast food. Mr. Spangler stated that he caters to tourists and has been getting requests for fruits and vegetables, sandwiches, etc. There next ensued a discussion on whether Mr. Spangler's intended use would fall under a B -1 or a B -2 category and whether spot zoning was an issue in this rezoning. Mr. Stiles felt that Mr. Spangler was currently operating as a nonconforming B -2 use. Other members of the Commission felt that spot zoning did not apply to this particular case due to the fact that Mr. Spangler has been in operation for 20 -30 years and that by catering to tourists, needs to operate on a major highway. They felt that because this property was isolated, it would not interfere with any adjoining uses. The Commissioners felt that this property should be zoned correctly for the use occurring on the property and thereby allowing the owner to operate in a modern way. 2189 Mr. Stiles moved to table this rezoning request to allow Mr. Spangler time to confer with the staff to determine what zoning would correctly reflect his intended use. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Request #001 -86 of Joseph K. Spangler to rezone 5 acres from A -1 to B -1 for a convenience store, gas station and snack bar. This property is located on Route 522 North in the Gainesboro Magisterial District. Conditional Use Permit #001 -86 of Cheryl L. Anderson for a kennel to be located at the end of Route 836 in the Stonewall Magisterial District. ACTION - Approved Mr. Watkins read a letter from an adjoining property owner who was in favor of the conditional use permit. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, the letter was made a part of the official record as follows: January 29, 1986 3939 Fredericksburg Rd. G -5 San Antonio, Texas 78201 Planning Director County of Frederick 9 Court Square Winchester, VA 22601 Ref: Application of Cheryl L. Anderson for a kennel. Route 836. Dear Mr. Watkins: Due to the size of the Anderson property and its proximity to their neighbors, we can think of no reason why their application should not be approved. Request you rule in her favor. Respectfully, Charles B. Kelley cc: Mrs. Anderson Mrs. Cheryl L. Anderson, applicant, said that she was approved once before in the Shawnee area; however, due to the cost of the sand filtration system, she did not purchase that property. Mrs. Anderson said that with this new property, the operation will be the same as stated for the previous application. Mrs. Anderson said that if this conditional use permit is approved, the house and kennel will be constructed simultaneously. She added that the kennel will not be put into operation until she is physically living on the property. 2190 -7- Mr. Stiles asked how far the kennel would be from the nearest house. Mrs. Anderson replied that it would be about one half mile from the nearest home. Mrs. Stiles stated that one of the neighbors had expressed opposition, but Mr. Stiles felt this neighbor did not fully understand the distances involved. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #001 -86 of Cheryl L. Anderson for a kennel on Route 836, Stonewall Magisterial District, with the following conditions: 1) This is a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and 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 kennel will not be put into operation until the house is constructed and occupied. Discussion with Wellington Jones, Engineer- Director of the Frederick County Sanitation Authority, on the Feasibility of a Package Treatment Plant in the Clearbrook Area. Mr. Jones described the technical aspects and service area for the proposal of a package treatment plant for the Clearbrook area. Mr. Stiles asked if it would be economically feasible to relocate if it is determined that a sewer system of greater scope is desired for the Clearbrook area. Mr. Jones said that it would be economically feasible to relocate the plant in the future if desired. Mr. Stiles inquired if the water quality would be improved in the immediate area. Mr. Jones said that any water from malfunctioning septic systems draining into the creek would be improved by the treatment plant. Mrs. Copenhaver asked for the cost of the system. Mr. Jones replied that $12,000 would be a high estimate for an installed system. Mr. Jones inquired on the service area proposed by the Planning Commission. Mr. Stiles replied that it should take care of the natural drainage area and not go west of I -81. Mr. Stiles felt that the intent of the whole proposal was to deal with problems that exist on existing businesses or on land that is presently zoned but cannot be developed without some sort of sewerage provisions. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recognize that the package treatment plant proposal for the Clearbrook area 2191 MM as presented is within the intent of the Comprehensive Plan and recommends same to the Board of Supervisors. --------------- - - - - -- Annual Review, Renewal, Amendment, and Cancellation of All Conditional Use Permits Approved Beginning July 1979 by the Staff, Planning Commission, and Board of Supervisors After some discussion on several of the conditional use permits, motion was made by Mr. Stiles and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby review, renew, amend, and /or cancel all conditional use permits approved beginning July 1979. Capital Improvements Plan Subcommittee Recommendations Mr. Watkins asked that the Committee table this item because the Fire and Rescue Committee has not yet met. Mr. Golladay moved to table this item. This motion was seconded by Mr. Stiles and passed unanimously. An T OTT RNMRNT There being no further business to discuss, the meeting adjourned. Respectfully submitted, y'- rank Bru "ack, Chairman itGAJ'L� t +-J Robert W. Watkins, Secretary 2192