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PC_04-02-86_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 April 2, 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 March 19, 1986. Upon motion made by Col. Myers and seconded by Mr. McDonald, the minutes were unanimously approved as presented. BIMONTHLY REPORT Mr. Gyurisin said that an amendment to the Johnson's Exxon site plan, located on Route 50 East, has been submitted to the Planning Department. Mr. Gyurisin said that Mr. Johnson wishes to add an area on the site for used car sales and display. Chairman Brumback instructed the staff to bring the site plan before the Commission for their review. COMMITTEE REPORTS Winchester - Frederick County EDC Mr. Romine, EDC Coordinator, said that two or three prospects are scheduled to visit our area in the next several weeks. Comprehensive Plan Subcommittee Mr. Golladay said that the Comprehensive Plan Subcommittee is scheduled to meet April 15, 1986 to begin work on updating the Comprehensive Plan. PLANNING COMMISSION RETIRES TO EXECUTIVE SESSION Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, the Commission unanimously agreed to go into executive session in accordance with 2201 -2- Section 2.1- 3.44(a)(1) and 2.1- 3.44(a)(6) to discuss personnel and legal matters. PLANNING COMMISSION RETURNS TO REGULAR SESSION Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, the Commission unanimously agreed to return to regular session. SITE PLANS Site Plan X6004 -86 of William L. and Claudia F. Stiebel for a professional office for dentistry in the Opequon Magisterial District ACTION - Tabled Mr. Wilson stated that due to a possible conflict of interest, he would be abstaining from discussion and vote on this site plan. Mr. Watkins stated that this site plan is for a 42' x 58' dental office building on Route 647. Mr. Watkins said that screening will be needed between this use and the adjoining Residential Performance District. He said that separation is also needed on the boundary line between the paved areas on this site and the adjoining day care center site. Mr. Watkins added that one fire hydrant on the site will be sufficient to comply with the fire code. Chairman Brumback noted that the water and sewer lines were not shown on the plan. The Commission felt that the water and sewer lines, hydrant, and screening and separation should be indicated on the plan before the Commission made a final recommendation. Mr. William L. Stiebel, applicant, said that he would make every attempt to comply with whatever the Commission felt needed to be done for site plan approval. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Site Plan X6004 -86 of William L. and Claudia F. Stiebel until the meeting of April 16, 1986 to allow time for the applicant to make amendments to his site plan. YES: Mrs. Copenhaver and Messrs. Brumback, Golladay, Romine, Stiles, McDonald, DeHaven, Myers ABSTAIN: Mr. Wilson Site Plan X6006 -86 of David A. and Dorothy M. Fahnestock for a convenience store in the Stonewall Magisterial District. ACTION - Tabled 2202 -3- Mr. Gregg Throckmorton, applicant, said that he has amended the original site plan by moving the store approximately 30' and eliminating one gas island to enable him to use the existing drainfield. Mr. Stiles asked Mr. Throckmorton curb cuts with the two 50' entrances and replied that ample room was available. if there was sufficient room for the 25' island. Mr. Throckmorton Mr. Stiles inquired if the Health Department tested the well. Mr. Throckmorton replied that before he purchased the property, the owner had the well tested and it was approved. Mr. Stiles next asked if Mr. Throckmorton owned the property or if he was under option to purchase. Mr. Throckmorton said that he now owned the property. Mr. Stiles next read a letter from the State Water Control Board to Mr. C. William Orndoff, Board Representative for Stonewall District. Mr. Stiles moved that this letter be made a part of the official record. This motion was seconded by Mr. Golladay and unanimously approved, as follows: 2203 4 r9 COMMONWEALTH of VIRCjINIA STATE WATER CONTROL BOARD Richard N. Burton Valley Regional Office BOARD MEMBERS Executive Director 116 North Alain Street David H. Miller PO Box 268 Chairman Post Office Box 11143 . . Bridgewater, Virginia 22812 Watkins M. Abbitt, Jr. Richmond, Virginia 23230 -1143 Vice-Chairman (804) 257 -0056 (703) 828 -2595 Millard B. Rice, Jr. 13 March 1986 Joseph S. Cragwall, Jr. Patrick L. Standing Robert C. Wininger Henry O. Hollimon Mr. C. William Orndoff, Jr. Route 2, Box 371 -A Stephenson, Virginia 22656 Dear Mr. Orndoff: I have been involved with a well complaint at the residence of Mr. David Fahnestock located on Route 11 north of Winchester. The well intermittently has an odor of a petroleum product. There are three service stations in the proximity of the Fahnestock residence. A significant and continuous risk exists for the Fahnestock well to be contaminated with a petroleum product. I have advised Mr. Fahnestock to connect to the County water supply as soon as it can be made available. He suggested that I contact you to discuss the quality of his water supply. As luck would have it, I have not been able to reach you by phone. Please call me at 703 -828 -2595 for an indepth discussion if you feel additional information is needed. Sj�prely, R. F. Tesh Technical Assistance Supervisor oc ec: Mr. David Fahnestock 2204 -5- Mr. Stiles asked Mr. Throckmorton if he was aware of the problem referenced in the letter from the State Water Control Board. Mr. Throckmorton said that as part of his contract to purchase the property, the well had to be tested and approved. Mr. Gyurisin stated that as part of the staff's review, they had asked the Health Department about the availability and quality of the water and also asked them to address the septic capabilities. Mr. Gyurisin stated that the Health Department gave him a positive comment. Mr. Throckmorton felt that the problem was not with the well, but with a gasoline storage tank leakage at one of the service stations. Chairman Brumback was concerned that the entire area may be contaminated and that Mr. Throckmorton would not be able to dig another well on the property to get a satisfactory water supply. Mr. Throckmorton replied that city water is available across the street. He said that getting it would be an additional expense, but it was available. Mr. Stiles moved to table this request in order to have representatives from the Health Department and the State Water Control Board come before the Commission to address some of the Comissioners' concerns about this site. This motion was seconded by Mr. Wilson. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Site Plan #006 -86 of David A. and Dorothy M. Fahnestock for a convenience store until April 16, 1986. The vote on this action was: YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback, Golladay, DeHaven, Wilson NO: Mr. Romine PUBLIC HEARINGS Rezoning Request #002 -86 of Braddock Partnership to rezone 3.241 acres from B -1 (Business Limited) to B -2 (Business General) in the Opequon Magisterial District. ACTION - Approved Mr. Stiles asked about screening between the B -2 and residential uses. Mr. Watkins stated that screening under a B -2 use is in relation to parking areas only. Mr. Richard W. Pifer, applicant, said that the northern boundary line of the property has been cut back into a 20' -25' shale bank, which creates a natural screen for the adjoining residential use. Mr. Golladay commented that only the rooftops and lights on the site will be visible from adjoining residences. Mr. Golladay said that he has not received any comments from the neighbors, then he moved for approval of the 2205 rezoning. This motion was seconded by Mr. Stiles and was unanimously approved. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Application #002 -86 of Braddock Partnership to rezone 3.241 acres on Route 277 in the Opequon District from B -1 (Business Limited) to B -2 (Business General) for a strip -type shopping center. Rezoning Request #003 -86 of Robert T. and Barbara G. Ganse to rezone 1.680 acres in the Stonewall District from RP (Residential Performance) to B -2 (Business General). ACTION - Approved Mr. Watkins stated that this property is located at the "220 Seafood" site on Route 7 East. He said that the staff feels there was a definite intention of the County to rezone this property at the time of the Comprehensive Rezoning. He noted that evidence for this is that a site plan was approved for the B -2 use on this site. Mr. Thomas Dickinson, attorney representing the applicant, stated that at the time of the Comprehensive Rezoning in 1980, a site plan was submitted to change the residence to a restaurant. Mr. Dickinson felt there was actually two different site plans approved since the Comprehensive Rezoning. Mr. John R. Riley, Jr., County Administrator, explained that the Planning Commission had acted on a site plan for this property 30 days prior to the Comprehensive Rezoning. He said that this parcel was zoned B -2 at the time. Then, 30 days later, during the comprehensive rezoning, this parcel was advertised and downzoned. Mr. Riley said this was an error on the staff's part, as this parcel should have been excluded from the downzoning. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #003 -86 of Robert T. and Barbara G. Ganse to rezone 1.680 acres located 1/4 mile east of Winchester and south of Route 7 in the Stonewall Magisterial District from RP (Residential Performance) to B -2 (Business General) for an existing restaurant facility and additional parking. Rezoning Request #004 -86 of Robert T. and Barbara G. Ganse to rezone 11,572 square feet in the Stonewall Magisterial District from RP (Residential Performance) to B -2 (Business General). ACTION - Approved Mr. Watkins explained that this parcel is directly adjacent to the Ganse parcel just previously acted upon. He said that the proposed use is an expansion of parking in conjunction with the "220 Seafood" restaurant and the possible expansion of the existing restaurant. 2206 as Mr. Thomas Dickinson, attorney for the applicant, stated that this parcel will be incorporated into the 1.680 acre parcel, previously acted upon, to create one tract. Mr. Dickinson added that the adjoining property owners, who are relatives of the applicant, are in agreement for approval of this rezoning. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #004 -86 of Robert T. and Barbara G. Ganse to rezone 11,572 square feet east of Winchester, south of Route 7 and north of Route 659 in the Stonewall Magisterial District, from RP (Residential Performance) to B-2 (Business General) for parking in conjunction with the "220 Seafood" restaurant and for expansion of the existing restaurant facility. Conditional Use Permit #002 -86 of Kenneth Reid, Jr. for a Cottage Occupation/ Sign for a construction business in the Gainesboro Magisterial District. ACTION - Approved Mr. Watkins noted that the applicant is currently operating an approved Home Occupation on this site for his contracting business. Mr. Watkins stated that the primary reason for this conditional use permit is to allow the applicant to place a 2' x 2' sign on his property advertising his contracting business. Mr. Kenneth Reid, Jr. was present to answer questions. Mrs. Lee Lovett, representing the owners of the two houses adjacent to 1005 Fox Drive, the Ernest Galvin Lloyd Estate, came forward to speak in opposition. Mrs. Lovett said that the heirs of Galvin Lloyd object to a construction business being located on this property. Mrs. Lovett said that the neighbors also object to the parking of cars and trucks in the front yard, which she believes belong to Mr. Reid's employees. Mrs. Lovett added that the heirs of Galvin Lloyd also object to the sign because they feel it would be destructive to the residential character of the neigborhood. Mr. Stiles explained to Mrs. Lovett that Mr. Reid is currently permitted to run the office and answer phones for his contracting business out of his home, as long as there is no outside evidence that a business is being conducted on the property. Mr. Stiles further explained that with this conditional use permit for a home occupation, Mr. Reid is requesting permission to place a 2' x 2' sign on his property. If the conditional use permit is granted, it would not change how many cars or trucks he could park in his yard, as long as they were licensed vehicles. However, Mr. Reid would not be permitted to park his construction equipment, such as a bulldozer, in his yard. Mr. Burrell Luttrell, adjoining property owner at 1101 Fox Drive, objected to the placement of a sign at 1005 Fox Drive because he felt it would detract from the residential character of the neighborhood. Mr. 2207 ME Luttrell said that 22 years ago he wanted to put a sign in his yard, but was not allowed by the County. Upon motion made by Col. Myers and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #002 -86 of Kenneth Reid, Jr. for a Cottage Occupation /Sign for a construction business at 1005 Fox Drive, in the Gainesboro Magisterial District with the following conditions: 1. This will be 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 will expire and a new c.u.p. will be required. 3. The sign should be maintained in good repair. 4. The sign should be placed in an area on this lot that would not impair vehicular sight distances. Conditional Use Permit #003 -86 of Richard S. Russell to re- establish a nonconforming use for a used car display in the Opequon Magisterial District. ACTION - Approved Mr. Watkins said that this property was formerly used as a used car display area and sales office, however, the display of used cars has been discontinued for a period of more than one year. Mr. Richard Russell, applicant, said that his father established the lot in 1965. Mr. Russell said that since his father's death in 1973, his mother has not displayed any vehicles on the lot although they have maintained a current dealer's license. He added that he plansion taking over the business. Mr. Golladay asked how many cars could fit on the lot. Mr. Russell replied that his father had approximately 60 -65, but he plans to display about 20. Upon motion made by Mr. Golladay and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #003 -86 of Richard S. Russell to re- establish a nonconforming use for a used car display area approximately 250' x 175' and located on Route 11 South in the Opequon Magisterial District with the following conditions: 1. This will be a one -year permit to be reviewed and renewed annually by the staff, Planning Commission, and Board of Supervisors. 2208 me 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and new conditional use permit will be required. 3. Outside lighting should be directed away from Route 11 and adjoining properties. An ordinance to amend the Frederick County Code by the deletion of the maximum lot size for single - family cluster housing. ACTION - Approved Upon motion made by Mr. Stiles and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article V, Residential Performance District (RP), Section 5 -5, Dimensional Requirements, Paragraph 5 -5 -3, Single - Family Detached Cluster, by the deletion of Paragraph 5- 5 -3.5, Maximum Lot Size - 10,000 square feet. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, rank H. Brumbac , Chairman Robert W. Watkins, Secretary 2209