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PC_03-05-86_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 March 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; Robert W. Watkins, Secretary; Stephen Gyurisin, Advisory. CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. MINUTES The first order of business was the consideration of the minutes of the February 5, 1986 meeting. Mr. Wilson noted that regarding the Stupp Site Plan on page 2, Mr. Renner requested that no equipment demonstrations be conducted during funeral times. Regarding that same item, Mr: DeHaven noted that the gentleman's name from the Rest Methodist Church was Marvin Renner. There being no further corrections, the minutes were then approved upon motion by Mr. Golladay and second by Mr. Wilson. MONTHLY AND BIMONTHLY REPORTS The Commission and staff discussed pending applications. COMMITTEE REPORTS Sanitation Authority Committee Mrs. Copenhaver, Commission liaison to the Sanitation Authority, reported that the Authority is currently conducting a sump pump and drain foundation survey at Wakeland Manor. She also reported that the Authority has requested the State Water Control Board to either lift the moratorium at Lakeside or state the reason why they will not lift the moratorium. If the State will not lift the moratorium, the Authority will request that they be permitted to increase the number of permits they can issue. CITIZEN COMMENTS Relocation of Permit Center to Ground Floor 2193 -2- John R. Riley, Jr., Frederick County Administrator, spoke with the Planning Commission on the relocation of the Permit Center from the third to the first floor by April 1, 1956. Mr. Riley said that the relocation is necessary to improve public access and for insurance reasons. Mr. Riley proposed that, in conjunction with this relocation, a reorganization of the Permit Center take place to put the Inspections Department under the administration of the Planning and Development Department. After some general discussion on the effect of this reorganization on long -range planning for the County, the Commission recommended approval of the proposal. SUBDIVISIONS Final Subdivision Plat of the Village at Lakeside to subdivide 23 lots in Section II -A for residential use and open space in the Shawnee Magisterial District. ACTION - Approved Mr. Watkins read the background material. Mr. Watkins stated that the staff recommendations for Lakeside Village and Lakewood Manor are identical. The staff recommended that the plans be approved, with the understanding that all VDH &T and staff comments be shown on final construction plans and that an amended Master Development Plan be submitted for staff review. Mr. David Holliday, Secretary of Lakeside Development Company, stated that his engineer has assured him that all the requirements of the Highway Department have been met. Mr. Gyurisin stated that he had made a preliminary review of the plans and they seem to be in conformance with the approved master plan. Mr. Golladay inquired how this subdivision was affected by the moratorium. Mr. Holliday said that the staff for the State Water Control Board has recommended that 100 connections be approved. Mr. Holliday said that the Board will meet March 24 or 25 and he is 99% sure those will be approved. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the Final Subdivision Plat of the Village at Lakeside to subdivide 23 lots in Section II -A for residential use (single - family detached traditional) and open space in the Shawnee Magisterial District on the condition that all staff recommendations regarding roads and cul -de -sacs are met. Final Subdivision Plat of Lakewood Manor to subdivide 16 lots in Section I, 11 lots in Section II, and 21 lots in Section III for residential development (single- family detached traditional) and open space. 2194 -3- ACTION - Approved Mr. Watkins noted that the staff recommendations for Lakewood Manor are identical to those recommended for Lakeside Village. Mr. David Holliday, Secretary of Lakeside Development Company, was present to answer questions. Mr. Golladay inquired how close lots 41 and 42 were from the treatment plant. Mr. Holliday replied that they were well within the 500' buffer range. Upon motion made by Mr. Wilson and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Subdivision Plat of Lakewood Manor to subdivide 16 lots in Section I, 11 lots in Section II, and 21 lots in Section III for residential development (single - family detached traditional) and open space in the Shawnee Magisterial District on the condition that all staff recommendations regarding roads and cul -de -sacs are met. Rezoning Request 41001 -86 of Joseph K. Spangler to rezone 5 acres from A -1 (Agricultural Limited) to B -2 (Business General) for a convenience store, gas station, and snack bar. ACTION - Approved Mr. Watkins noted that this application was tabled from the last meeting and Mr. Spangler has amended his application to rezone from A -1 to B -2 instead of A -1 to B -1. Mr. Watkins discussed the relationship of this rezoning to the Comprehensive Plan, whether this proposal would consititute spot zoning, and traffic implications. Lawrence Ambrogi, the Commonwealth's Attorney, addressed the Commission on the legal issues regarding spot zoning and site distance. Mr. Joseph Spangler, applicant, said that this rezoning would enable him to increase his business by 100 %. He said he would increase his employees from four to eight or nine and increase his hours of operation until 10:00 or 11:00 p.m. Mr. Spangler said that he wanted to serve sandwiches and provide a place inside his store for his customers to sit down and eat. He also wanted to sell bread, milk, picnic supplies, and gasoline. There was considerable discussion among the Commissioners on this proposal. Mr. Stiles said that that Mr. Spangler has a business directed at the tourists in the State of Virginia. He said that the State recommends that we promote tourism because of the amount of revenue it can bring in. Mr. Stiles said that if Mr. Spangler is to carry out his business successfully, he needs to be located on a major highway. Mr. DeHaven felt this proposal should not be considered spot zoning because Mr. Spangler was 2195 -4- already operating as a B -2 use. Other Commissioners felt a rezoning here would set a precedent for further rezonings along Route 522 North. Col. Myers felt this proposal would go against the policies set for this area in the Comprehensive Plan and thereby moved for denial of the rezoning. This motion was seconded by Mr. McDonald, but died by the following vote: YES: Mrs. Copenhaver and Messrs. McDonald, Myers NO: Messrs. Stiles, Golladay, DeHaven, Wilson, Romine Mr. Stiles then moved to approve the rezoning. This motion was seconded by Mr. DeHaven and the rezoning was approved by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #001 -86 of Joseph K. Spangler to rezone 5 acres on Route 522 North, Gainesboro Magisterial District, from A -1 (Agricultural Limited) to B -2 (Business General) for a convenience store, gas station, and snack bar. The vote on this item was: YES: Messrs. Stiles, Golladay, DeHaven, Wilson, Romine NO: Mrs. Copenhaver and Messrs. McDonald, Myers DISCUSSION OF 1986-87 CAPITAL IMPROVEMENTS PLAN SUBCOMMITTEE RECOMMENDATIONS Mr. Romine stated that the CIP Subcommittee removed the fire equipment from the priority list and added the fruit and research lab. Mr. Wellington Jones, Engineer- Director of the Sanitation Authority, discussed the sewer and water project priority list with the Commission. Those projects were: Priority 1 - Route 522 South /Bufflick Road Sewer; Priority la - Route 522 South /Bufflick Road Water; Priority 2 - Clearbrook Sewer Project; Priority 3 - Route 277 East; Priority 5 - Stephens Run Elevated Storage Tank. Mr. Jones discussed the changes that were being made in the South Bufflick Road projects to provide service to the airport and industrial sites. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commissionldoes hereby unanimously approve the recommendations of the CIP Subcommittee for the 1986 -87 Project Priority List for Capital Improvements and the addendum for sewer and water projects. 1986 PROGRAM OF WORK FOR THE DEPARTMENT OF PLANNING AND DEVELOPMENT 2196 0670 Mr. Watkins said that this Work Program was written prior to his knowledge of the reorganization proposal for the Permit Center. Mr. Watkins then discussed the remainder of the report with the Commission. Chairman Brumback requested that Mr. Watkins revise the Work Program to include the re- organization. DISCUSSION OF LETTER FROM VIRGINIA DEPARTMENT OF HIGHWAYS AND,TRANSPORTATION ON PRIVATE STREET STANDARDS Mr. Watkins presented a letter from Mr. William H. Bushman concerning proposed changes to the street requirements in the Subdivision Ordinance as proposed by the Rural Ordinance Subcommittee. The Commission felt that Mr. Bushman should come before the Planning Commission to explain the proposed changes and answer questions from the Commission. Mr. Watkins said that he would contact Mr. Bushman to see when he could be available. SUBCOMMITTEE APPOINTMENTS Chairman Brumback presented a list of the new subcommittee appointments. ADJOURNMENT adjourned. There being no further business to discuss, the meeting was Respectfully submitted, , Frank ////Brumback, Chairman %re 604 Robert W. Watkins, Secretary 2197