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PC_07-02-86_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 July 2, 1986 PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice — Chairman; George L. Romine; Kenneth Y. Stiles; A. Lynn Myers; Carl M. McDonald; S. Blaine Wilson; Manuel C. DeHaven; Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory. ABSENT: Marjorie H. Copenhaver 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 June 18, 1986. Upon motion made by Mr. Golladay and seconded by Mr. Myers, the minutes of June 18, 1986 were unanimously approved. COMMITTEE REPORTS Economic Development Commission Mr. Romine, Economic Development Coordinator, reported a substantial amount of inquiries on the area. BIMONTHLY REPORT The staff discussed pending applications with the Commission. Mr. Gyurisin reported that he had received a site plan from the Blue Ridge Board of Realtors, located on the west side of Garber Road, for the renovation of an existing house for a realtors office and necessary parking. Chairman Brumback instructed the staff to administratively review and approve the site plan. SITE PLANS Site Plan #016 -86 of Frederick Farm Market for an 80' X 100' building with parking in the Gainesboro Magisterial District. Action — Approved 2247 — 2 — Mr. Watkins said that this is the same property that was recently rezoned to B -2 by Mr. Joseph Lizer. Mr. Watkins said that there will be entrances on Route 522 and 679. Col. Myers inquired about the Inspections Department comments requiring that the footings be designed by a Virginia registered architect or engineer. Mr. Joseph Lizer, applicant, said that the Inspections Department requires an approval by an architect /engineer to make certain that the footings are strong enough to hold a pre — engineered metal building. Mr. Lizer said that he has received an approval by an architect /engineer. Upon motion made by Col. Myers and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan 11016 -86 of Frederick Farm Market for a 80' X 100' building with parking to be located at the intersection of Routes 522 and 679 in the Gainesboro Magisterial District. Site Plan 11018 -86 of Country Club Pines Apartments for a multi— family housing project in the Shawnee Magisterial District. Action — Tabled to End of Meeting Mr. Watkins said that the road design has met the Highway Department's requirements. Mr. Watkins added that according to the comments from the City of Winchester, they will need to receive a letter from the Board of Supervisors giving approval to a sewer connection and water main extension to serve this site. Mr. Stiles explained that because this is part of the City's sewer and water service area, any extension of the City main will require both the approval of the Board of Supervisors and the City Council. Mr. Stiles explained that only one user or master main is permitted to the site. Because the representative for this site plan was not present, Mr. Stiles moved to table until the end of the meeting. This motion was seconded by Mr. Golladay and unanimously approved. Preliminary Master Development Plan 11009 -86 of Valley View Subdivision for ten duplex dwellings in the Opequon Magisterial District. Action — Approved Mr. Watkins stated that this plan is for ten duplex dwellings in five structures. Mr. Watkins said that the open space is just over one — third acre and the staff recommends that the open space requirement be waived. Mr. Watkins read Section 5 -4 -6 of the ordinance dealing with the 2248 — 3 — waiving of open space. Charles Maddox, Jr., P.F., with G. W. Clifford and Associates, was the representative for this plan. Mr. Maddox said that all the requirements of the reviewing agencies have essentially been met on this plan. Concerning the open space, Mr. Maddox said that they are not adding any additional density as a result of eliminating the open space. He said that they are asking that the open space requirement be waived i because they felt the 1/3 acre was an unuseable piece of property and would not be suitable for the establishment of a homeowners association. i Several commissioners felt if the open space was waived for this plan, a precedent situation would be set. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Develoment Plan #009 -86 of Valley View Subdivision for the development of ten duplex dwellings with required open space, located on the south side of Routed 641, in the Opequon Magisterial District. PUBLIC HEARINGS Rezoning Request 11012 -86 of Roy A. Cather for an apple packing /marketing/ storage /warehouse operation in the Back Creek Magisterial District. Action — Approved Due to a possible conflict of interest, Chairman Brumback turned the Chair over to Vice — Chairman Golladay and stated that he would not participate in any discussion or vote on this rezoning. Mr. Wilson stated that he also would not participate in any discussion or vote on this rezoning because of a possible conflict of interest. Mr. Henry Brumback came forward and stated that since Mr. Roy A. Cather was not present, he would represent Virginia Pride Fruit Packers. Mr. Henry Brumback stated that Virginia Pride Fruit Packers presently rent space at Virginia Storage, but would like to construct a facility of their own on the property in question. Mr. Golladay asked Mr. Henry Brumback if he would be sharing the septic system located on the Hortons Farm Market property. Mr. Henry Brumback said that upon Health Department approval, Virginia Pride has an agreement with Mr. Horton that they will establish a suitable septic arrangement for his market. Mr. Herbert L. Sluder, Sanitarian with the Frederick— Winchester 2249 — 4 — Health Department, said that the proposal is for Virginia Pride Fruit Packers to use the existing drainfield located on the ten acre tract they intend to purchase on the hill behind the DMV and to establish a new drainfield for Hortons Farm Market. Mr. Sluder felt confident that with water saving plumbing devices, the existing drainfield had the capacity to handle the 30 part —time employees that would be working for Virginia Pride. In order to accomodate Mr. Horton's market, Mr. Sluder said that they have located a small area, which is not as good, but will be suitable. Mr. Sluder said that Mr. Horton will definitely be limited to eight employees. Mr. DeHaven asked if the water from the apple washing system would go into this system. Mr. Sluder replied that it can not go into the septic system. Mr. Sluder said that this will be dealt with by the State Water Control Board and is out of the jurisdiction of the Health Department. Upon motion made by Mr. Stiles and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #012 -86 of Roy A. Cather to rezone 9.710 acres from B -2 (Business General) to B -3 (Industrial Transition) for an apple packing /marketing /storage /warehouse operation on the west side of Route 11 in the Back Creek Magisterial District. The vote on this rezoning was as follows: YES: Messrs. McDonald, Stiles, Myers, Golladay, DeHaven, Romine ABSTAIN: Messrs. Brumback, Wilson Conditional Use Permit #008 -86 of Robert E. and Jeanne A. Spaid for an antique shop in the Gainesboro Magisterial District. Action — Approved Mrs. Jeanne Spaid and her son, William Spaid, came forward. Mrs. Spaid said that she and her husband have had an antique business in Middletown, where they leased property, for the past 12 years and would like to move the business next to their home. Mrs. Spaid said that they are planning to construct a metal "Butler" building for the antique shop. Col. Myers asked if off —site parking was available. Mrs. Spaid said that the 25' X 50' building will have parking for three cars on one 25' end, four on the other 25' end, and two across one 50' side. Mrs. Spaid said that this will allow nine parking spaces which should be very sufficient. Upon motion made by Col. Myers and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #008 -86 of Robert E. and Jeanne A. Spaid for an antique shop to be located on the north side of US 50 West, 2250 - 5 - one mile west of Winchester, 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 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. On -site parking shall be required. Conditional Use Permit #007 -86 of Ronald J. DeHaven for a public garage in the Gainesboro Magisterial District. Action - Approved Chairman Brumback asked if the building was being constructed for this particular conditional use permit. Mr. Watkins replied that it was and said the building would be an accessory structure to an existing residence. Mr. Watkins said that this is a conditional use permit for a public garage and the ordinance makes no specification as to whether or not it is in a separate building. Mr. Ronald J. DeHaven, owner of DeHaven Enterprises, explained that he restores old cars and that he has been conducting this type of operation at this location for the past eleven years. He added that this will not be a service station and he does not have a lot of in- and -out traffic. Chairman Brumback asked for the size of the proposed building and Mr. Ronald DeHaven replied that it will be a 40' X 80' steel building. Mr. Ronald DeHaven said that he currently has 16 customer cars on the property. He said he also has 13 junk cars on the property that will be removed. He added that he does not store any parts outside. Mr. Manuel DeHaven questioned the Highway Department's requirement for a commercial entrance. Mr. Ronald DeHaven said that he did not mind screening the property, but does not understand the need for curbing. He said that he is 300 yards off the road and there is a 40' right -of -way. Col. Myers said that Mr. Ronald DeHaven has a very good entrance with good sight distance and is on the two -lane section of Route 522. Col. Myers also felt the Highway Department requirements were excessive for this type of operation. Mr. Stiles said that he would be willing to work with Mr. DeHaven and the Highway Department on the entrance. Col. Myers said that the conditions attached to this permit will 2251 place requirements on Mr. DeHaven's nonconforming use, such as screening and removal of junk cars, that were not required before. Col. Myers said that the applicant understands and is willing to do this. Upon motion made by Col. Myers and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit 11007 -86 of Ronald J. DeHaven for a public garage, located on Route 522 North, 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 the Board of Supervisors. 2. If the use (ie. if the use becomes a public garage use instead of an automobile restoration use), occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. Screening for outside storage and inoperable vehicles, not waiting for repair, shall be provided for. Conditional Use Permit 11006 -86 of Rodney Cowley for a grocery store /wayside stand /service station in the Gainesboro Magisterial District. Action — Approved Mr. Herbert L. Sluder, with the Frederick— Winchester Health Department, stated that Mr. Cowley will have to relocate his proposed location of the gas pumps out of the drainfield area. Mr. Sluder said the well will meet State qualifications for noncommunity standards. Mr. Rodney Cowley, applicant, said he proposes a convenience store with a small 8 X 14 open —air market for seasonal items, and three gasoline pumps for retailing of gasoline only. Mr. Conrad Christianson, Pastor of Bethel Lutheren Church, was concerned about the kind of development that is taking place in this area. Mr. Christianson said that the Bethel Lutheren Church is only 1/10 mile from this project. There was next a discussion on whether a conditional use permit was the appropriate way to handle this operation or whether the applicant should rezone the property. Some commissioners felt this operation was much more than a home occupation where family members operate a small business in their home. Other members felt that the County would have more control over the development of this area than if the property was rezoned. Col. Myers moved to deny this conditional use permit and that the applicant be encouraged to apply for a rezoning for this activity. This motion was seconded by Mr. McDonald. This motion died due to the following 2252 — 7 — tie vote: YES (to deny) Messrs. McDonald, Myers, DeHaven, Wilson NO: Messrs. Stiles, Brumback, Golladay, Romine Upon motion made by Mr. Stiles and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit 11006 -86 of Rodney Cowley for a grocery store /wayside stand /service station, located on Route 522 North, 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 conditional use permit will be required. 3. A site plan drawn in accord with the Zoning Ordinance Site Plan Regulations be submitted and approved prior to site development/ construction. 4. Any changes or additions to the site need to be submitted for approval on the site plan. The vote on the approval of this conditional use permit was: YES (to approve) Messrs. Stiles, Brumback, Golladay, DeHaven, Wilson, Romine NO: Messrs. McDonald, Myers, Site Plan 11018 -86 of Country Club Pines Apartments for a multi— family apartment housing project in the Shawnee Magisterial District. (Continued from the beginning of the meeting.) Action — Approved Mr. Watkins announced that the representative for Country Club Pines Apartments was now present. Motion was made by Mr. Wilson, seconded by Mr. Golladay, and passed unanimously to continue on with the discussion of this site plan. Mr. Harry Benham, attorney representing Country Club Pines Apartments, was present to answer questions. Upon motion made by Mr. Wilson and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby 2253 unanimously approve Site Plan 11018 -86 of Country Club Pines Apartments for a multi— family apartment housing project, located on Williamson Road, in the Shawnee Magisterial District. (Mr. Stiles and Mr. Romine were not present for this vote.) REQUEST FOR PUBLIC USE DEDICATION Mr. Gyurisin presented a request for public use dedication of the open space area in the Lakeside Estates Subdivision. Mr. Gyurisin said that Lakeside development consists of 241 acres, which is divided into a number of sections. He said that there are 81 acres (34 %) designated as open space on the final master plan and there are two out parcels consisting four and seven acres also designated on this plan. Mr. Gyurisin said that the open space requirements for this plan are 30% or 72.3 acres. Mr. Gyurisin next read a letter addressed to the staff from the Commonwealth's Attorney regarding his opinion on determining the ownership of the open space area. The Commonwealth Attorney's position essentially was that only a Circuit Court can make a determination on the ownership of the undeveloped 26 acres. Mr. Gyurisin continued, explaining that there is acreage above the requirement of the current 30 %, totaling approximately nine acres, plus two out parcels, which could possibly total 20 acres above the open space requirement. This would be 20 acres that would be available that are not required for open space. Mr. Gyurisin said that this particular request includes both land that could be left out of the open space (extra 20 acres) plus it includes an area of + 6 acres that would be required in the open space, that the School Board would have to allow to be accessible. Mr. Stiles asked if the issue of the + 6 acres had been addressed by the School Board. Mr. Gyurisin said that it had not been addressed by them because no specific plans for the site have been submitted. Mr. Stiles was concerned whether the School Board would be willing to designate six acres of land that they would own for the restricted use of a certain subdivision. Mr. Stiles stated that the Commission's recommendation needs to determine whether or not this proposal meets the intent of the sections of the RP Zone dealing with open space to the extent that the Commission would be willing to amend the master plan. Mr. David Holliday, Secretary of the Lakeside Development Company, said that there was a descrepancy in some of the figures quoted by Mr. Gyurisin. Mr. Holliday stated that they needed 72 acres and they have 88.8 acres. He said that by giving the School Board 26 acres, rather than 38, they now have a 9.2 acre tract in question. Mr. Holliday said that they have 38% open space set aside right now and they are asking that this be reduced to 28% with public use. He said that the property has water and sewer, lays fairly level, and has considerable road frontage. Mr. Holliday said that the development consists of seven different groupings and all those seven will be paying dues under one association, with this new arrangement. He said that if the situation is left as it is, residents who have lived there for one or 15 years will not be paying dues and by their 2254 A — 9 — opinion, still have use of the ground. Mr. Holliday was concerned about the legal issues of having one association that is not paying dues and one that is required to pay dues. Mr. Edward Strawsnyder, President of Lakeside Estates and Wakeland Manor Homeowners Association, came forward. Mr. Strawsnyder said that the residents of the new sections have willingly joined the Homeowners Association and were pleased to hear that an association was already established. Mr. Strawsnyder felt that this property may have been dedicated to the Lakeview Townhouses for their use, but this decision should be left up to the court system to decide. Mr. Strawsnyder said that the homeowners do not have any objection to the land being dedicated for a specific use, if that use would be a school. Mr. Strawsnyder commented that the lake would have to be filled. He also felt the County should look at the impact of Lakeside Development on the County as a whole. Mr. James Sylvester, property owner in the old Lakeside Development, said that the Homeowners Association's attorneys determined that the residents did not have any cause for complaint of a violation against the the developer. Mr. Sylvester felt the legal issue of the ownership should be resolved first, before the Commission made any further decisions on the property. Mr. Stiles said that the Commission would prefer to have the legal issues resolved first before a decision is made, but were not in a position to initiate the resolution of that issue. Mr. Stiles asked Mr. Sylvester if he would have any objection to a school being constructed on the site if, at some point in the future the issue of the ownership of the property is resolved by a body other than the County. Mr. Sylvester said he would not have any objection to a school being built. Mr. Stiles was concerned whether the 16 acres would be considered a part of the open space area, because if it was not, it would not have to meet the intent of the ordinance. Mr. Stiles felt that until a representative of the School Board was present, the Commission could not make any action based on a requirement of the School Board's concurrence. Based on this, Mr. Stiles moved and Mr. Romine seconded to table this decision for two weeks. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table the request for public use dedication for the Lakeside Estates Subdivision for two weeks in order for a representative of the School Board to be present. The commissioners voted as follows: YES: Messrs. McDonald, Stiles, Myers, Brumback, Golladay, Romine, DeHaven NO: Mr. Wilson 2255 — 10 — PLACEMENT OF THE REQUEST FOR A Mr. Romine stated that the Capital Improvements Plan Subcommittee met and strongly recommends that the CIP list be amended to move the request for a new elementary school from item number 20 to item 3a. Upon motion made by Mr. Golladay and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Capitial Improvements Plan Subcommittees recommendation to place the new elemenary school request from #20 to #3a on the CIP list. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, � A raP n BBiuu airman bert W. Watkins, Secretary 2256