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PC_08-06-86_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 August 6, 1986 PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice — Chairman; George L. Romine; Marjorie H. Copenhaver; Kenneth Y. Stiles; A. Lynn Myers; Carl M. McDonald; S. Blaine Wilson; Manuel C. DeHaven; Robert W. Watkins, Secretary; Stephen M. 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 July 16, 1986. Upon motion made by Col. Myers and seconded by Mr. Romine, the minutes were unanimously approved as presented. BIMONTHLY REPORT Mr. Gyurisin informed the commissioners that a site plan had been submitted by Arnold Gale for a 40' X 27' addition to the existing trucking facility located on Brick Kiln Road. Mr. Gyurisin said that the addition would be used for storage and offices and there will be no additional employees. Chairman Brumback directed the staff to administratively review the site plan. COMMITTEE REPORTS Economic Development Commission Mr. Romine, Economic Development Coordinator, reported a considerable amount of inquiries about our area. Ordinance Subcommittee Col. Myers, reported that the members of the newly formed Ordinance Subcommittee included Carl M. McDonald, George L. Romine, Manuel C. DeHaven, Frank H. Brumback, and himself. Col. Myers said that the Subcommittee also wished to include, as part of their group, an engineer, a 2264 - 2 - builder, a realtor, an attorney, representatives from homeowners associations, a representative of the Highway Department and a representative of the Health Department. Col. Myers said that the task of this Subcommittee is to conduct a review of the RP (Residential Performance) District. Col. Myers said that the Subcommittee will conduct a tour of some of the existing developments in the RP District on September 17, 1986. SITE PLANS Amended Site Plan 11028 -78 of Allied Furniture Company (V. V. Cutshaw) for a 50' X 130' warehouse in the Stonewall Magisterial District. Action - Approved i Mr. Watkins said that this site plan is for a 50' X 130' block warehouse addition to the rear of the existing building. Mr. Watkins said that the applicant will have to add an additional employee parking area. Mr. Wilson asked if there was enough space between this addition and the existing mill for a fire lane. Mr. V. V. Cutshaw, applicant, said there would be sufficient space. Mr. Watkins added that the mill is on a separate parcel. Mr. DeHaven inquired if the addition would be for storage only. Mr. Cutshaw said there would be some additional employees there. Mr. Cutshaw said that when he applied for rezoning he had 18 employees, he presently has 32 employees, and hopes to add approximately 10 more. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Amended Site Plan #028 -78 of Allied Furniture Company (V. V. Cutshaw) for a 50' X 130' warehouse addition to be located on the east side of Route 11 North in the Stonewall Magisterial District with the following changes: 1. All VDH&T requirements are shown on the site plan. 2. Fire hydrant(s) are located so as to meet County Code minimums (300' to all structures). 3. Prime and seal parking /access area be extended to service all parking areas. 4. Appropriate erosion control plan features and run -off calculations need to be submitted for staff review. I *,II-116 Site Plan I l 56 of Tudor Square for 42 2- bedroom townhouses and 62 2265 - 3 - 2- bedroom apartments in the Gainesboro Magisterial District. Action - Approved Mr. Charles Maddox, with G. W. Clifford & Associates, consulting engineer, said that they have no problem meeting the Code for location of fire hydrants and fire lanes. Mr. Maddox said that two dumpster sites have been identified. Chairman Brumback reminded the applicant that Frederick Mall Drive must be approved for State maintenance before occupancy of the dwellings. Mr. Maddox said that his client will furnish the County with a letter stating that they will comply with this request. Col. Myers was concerned that, with the number of houses planned, no provisions had been made for people to move out of this area to other places. Col. Myers felt there should be a link between the Frederick County Junior and Senior High Schools through this development. The commissioners felt this access problem needed to be worked on by the Planning Commission in the future. Upon motion made by Col. Myers and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #029 -86 of Tudor Square for 42 2- bedroom townhouses and 62 2- bedroom apartments with parking, open space, recreation, and utility improvements on the west side of Frederick Mall Drive in the Gainesboro Magisterial District, with the following additions: 1. Fire Hydrants need to be added or relocated to meet 'all fire codes. 2. Fire hydrants and units need to be accessible as per fire codes. 3. Dumpster sites need to be clearly identified and accessible. 4. Detailed plans for playgrounds need to be submitted for review. 5. All VDH &T requirements need to be shown. (Mr. Stiles arrived at this point of the meeting.) # LI- Site Plan $93d -86 of Baker Lane Industrial Park for offices and warehouses in the Stonewall Magisterial District. Action - Tabled Mr. Watkins stated that the applicant is proposing 14,400 square feet of mini - warehouses in a 16' X 240' building. He said there will be two entrances, one on Baker Lane and one on Imboden Drive. Mr. DeHaven informed the Commission that the grading and footings 2266 — 4 — have already been completed and the building is almost complete. Mr. Watkins said that a certain amount of site preparation is allowed before the site plan is approved or building permits are completed, particularly grading, footings, and foundations. Mr. Watkins stated that the staff visited the site and informed the applicant that construction had gone beyond what is allowed and he was instructed to cease construction. Mr. Watkins added that applicants are permitted to do a certain amount of site preparation at their own risk. Mr. J. P. Darlington, owner, and Mr. Edward Leach of Whitehead and Leach, the contractor, were present to answer questions. Mr. Leach said that he had obtained a footing /foundation permit. Mr. 'Leach said that at the point of construction that he was ordered to stop, Ihe was at a very unsafe point of construction, so he went ahead and completed the steel. Mr. Stiles moved to table the site plan until all of the staff recommendations were incorporated on the site plan. This motion was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Site Plan of Baker Lane Industrial Park until the following or� staff recommenda ire incorporated on the site plan: 1. All VDH &T requirements be incorporated in the plan. 2. A subdivision plat be submitted to remove the lot line between Lots 15 and 16. 3. The impervious surface be reduced by approximately 6,000 square feet or 50% of the site. 4. Storm water retention facilities need to be addressed and shown on the site plan. Site Plan 11031 -86 of Econo Lodge Motor Hotel for an addition to the existing hotel in the Shawnee Magisterial District. Action — Approved Mr. Watkins stated the the applicant is proposing a 154' X 51' addition, consisting of 40 units, to an existing 2 —story block building. Mr. Watkins said that the extension of City water and sewer lines have been shown on the plan and this will need to be approved by the Board of Supervisors. Mr. Hunter Hurt, architect, was present as the representative for this application. Mr. Hurt said that a letter had been sent to the Frederick County Board of Supervisors and the Winchester City Council requesting approval of the extension of water and sewer lines. 2267 - 5 - Mr. DeHaven asked if all Highway Department requirements were met. Mr. Hurt said that he received a letter from the Highway Department with some minor changes, such as continuation of the curb and a setback of 8' from the pavement to the new proposed curb. Mr. Stiles asked if the entrance would be changed. Mr. Hurt said that the existing entrance belonged to the old Sunoco Station when it was in operation and he will be tying into that existing curb, continuing it, and staying in Line with what was already there. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #031 -86 of Econo Lodge Motor Hotel for an addition to the existing hotel, located at the intersection of Route 50 East and I -81 South, in the Shawnee Magisterial District with the following additions: 1. All VDH &T comments /changes be incorporated on the plan. 2. Detailed water and sewer plans be submitted for City of Winchester review. 3. Handicap spaces be added as required. 4. All fire hydrants be made accessible as per fire code. REQUEST FOR OWNERS SIGNATURE ON ALL APPLICATIONS Mr. Stiles requested that every application that comes before the Planning Commission be signed by at least the property owner and, preferrably, by the owners of what is proposed to be built on the property. SUBDIVISIONS Final Subdivision Plat of Tudor Square, Section 1, for 42 2- bedroom townhouses in the Gainesboro Magisterial District Action - Approved Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, was the representative for this subdivision. Mr. Maddox stated that a letter would be written assuring the County that Frederick Mall Drive would be brought to the Highway Department's standards. Mr. Gyurisin stated that Westminster - Canterbury and the applicant are both aware that if Frederick Mall Drive is not brought into the Highway Department's Secondary System, that Westminster - Canterbury will not be 2268 approved for occupancy. Secondly, they understand that before plats for Section 1 of Tudor Square can be put on record, a peformance bond, assuring that Frederick Mall Drive will be taken in to the State's system, will be required. Mr. Gyurisin added that maintenance of the private drive back to the townhouses and the parking area was a concern for the staff, however, the applicant has decided to increase the homeowners fees to $100 /lot and this should be sufficient to cover costs for maintenance. Upon motion made by Col. Myers and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the final subdivision plat of Tudor Square, Section 1, for 42 2— bedroom townhouses in the Gainesboro Magisterial District with the condition that all VDH &T requirements are shown on the' plan. Final Subdivision Plat of Valley View Subdivision for Iten duplex dwellings in the Opequon Magisterial District. Action — Approved Mr. Charles Maddox, engineer with G. W. Clifford & Associates, was the representative for this subdivision. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Subdivision Plat of Valley View Subdivision, located on the south side of Route 641 in the Opequon Magisterial District, for ten duplex dwellings in five structures. PUBLIC HEARINGS Rezoning Request #013 -86 of Shawnee Canning Company, Inc. to rezone 3.416 acres from A -1 (Agricultural Limited) to B -2 (Business General) in the Gainesboro Magisterial District. Action — Approved Mr. Watkins said that the existing B -2 land is the Shawnee Canning Company Land and is located to the east of the property to be rezoned. Mr. Watkins explained that what occurred in this situation was that a site plan was presented to the staff after the first rezoning and the staff discovered that a corner of the proposed operation was located on land that had not been rezoned to B -2. He said that this rezoning is to bring all the land for this use to B -2 zoning. He added that as an additional part of this process, a resubdivision was needed in order to have the use on a single lot. Mr. George Whitacre, President of Shawnee Canning Company, Inc., said he thought he had rezoned enough land the first time around, but 2269 - 7 - discovered the building would be too close to the road. Mr. Whitacre said he had to move the building back somewhat and, therefore, needed to rezone more land. Upon motion made by Col. Myers and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #013 -86 of Shawnee Canning Company, Inc. to rezone 3.416 acres, located on the northeast side of Route 522 in the Gainesboro Magisterial District, from A -1 (Agricultural Limited) to B -2 (Business General) for the retail sales of groceries, fruits, and canned goods. Rezoning Request #014 -86 of Louis H. Foltz to rezone five acres from M -2 (Industrial General) to B -3 (Industrial Transition) in the Shawnee Magisterial District. Action - Approved Mr. Stiles asked if the proposed use for this parcel was not permitted in an M -2 zone and Mr. Watkins replied that the B -3 was more appropriate for proposed and existing uses. Mr. Stiles asked if this was the parcel the old Air Freight Delivery was on and Mr. Watkins replied that it was. Mr. Louis H. Foltz, applicant, said this parcel cannot be utilized completely because of the nature of the zoning. Mr. Foltz explained that until 1983, he operated an all- trucking operation at this location. Mr. Foltz said that in 1983, he sold Air Freight Delivery Service. 11e said that Air Freight has since built a new terminal and moved their operations. Mr. Foltz said that he now has one partially empty building and one empty building, which is hard to utilize unless he would go to M -2 uses. Mr. Foltz said that in order to come into compliance with what is already existing and what he intends to incorporate, it was recommended that he rezone to B -3. Mr. Wilson was concerned about the traffic in the area, but Mr. Foltz felt the new uses would lessen the amount of traffic that was there previously. Mr. Stiles said that this parcel was zoned M -2 a couple years ago when Mr. Foltz wanted to add -on more than 50% of his current operations. Mr. Stiles said that this could not be done under a nonconforming use, therefore, it was rezoned. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application X1014 -86 of Louis H. Foltz to rezone 5 acres, located 1/4 mile east of I -81, on the right side of Route 50 East, Shawnee Magisterial District, from M -2 (Industrial General) to B -3 2270 (Industrial Transition). The proposed uses for this property are: truck leasing company, sales and service, forklift and small equipment sales and service, and garage for small cars and trucks. Conditional Use Permit (1009 -86 of Charles A. Mercer to re— establish a nonconforming use for gas pumps in the Shawnee Magisterial District. Action — Approved Mr. Watkins said that the grocery store is also a nonconforming use. Mr. James Wilson, representing Mr. Mercer, stated that the gas pumps would be approximately 65' -75' off the road, at the same location the pumps were previosly located. Mr. Stiles asked if there were setback standards for gas pumps. Mr. Gyurisin explained that the Highway Department establishes a setback based on the location of the road and layout of the gas pumps and generally, requires a distance of 12' from their right —of —way. There next ensued a discussion on the installation of a fire hydrant in this area. It was generally agreed that when water is extended to this area, the section of the Fire Code applying to this application would be enforced. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit 01009 -86 of Charles A. Mercer to re— establish a nonconforming use for gas pumps on property located four miles east of Winchester on Route 7 in the Shawnee 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 will expire and a new conditional use permit will be required. 3. Off— street parking shall be provided. Preliminary Master Development Plan 11010 -86 of Battle View Subdivision for 3— bedroom duplexes, single — family semi— detached residential units, open space, and street and utility improvements in the Stonewall Magisterial District. Action — Approved 2271 Mr. Watkins stated that the project area is located on Baker Lane between the Third Battle Subdivision and Arcadia Mobile Home Park. He also stated that there will be three entrances on Baker Lane. Mr. Charles Maddox, engineer with G. W. Clifford & Associates, was present to represent the owner. Mr. Maddox stated that the different uses were well defined on the plan. He said that they have elected not to go with more intense uses. He added that the area is served by water and sewer. Chairman Brumback inquired if the open space was large enough to use as a recreational area. Mr. Maddox said that they intended to provide some sort of recreational facilities here, most probably a playground. There next ensued a discussion on the roads through this development and whether it would be suitable to tie into existing roads for traffic control. Mr. Maddox stated that they are still working with the Highway Department on the best layout for the roads. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Development Plan #010 -86 of Battle View Subdivision for 3- bedroom duplexes, single- family semi - detached residential units, open space, and street and utility improvements (approximately 40 structures or 80 units) located on the west side of Baker Lane, adjacent to Arcadia Mobile Home Park, north of Route 7 and west of I -81, in the Stonewall Magisterial District. BE IT FURTHER RESOLVED, That any deviations from this Preliminary Plan and the Final Master Development Plan will be forwarded to the Board of Supervisors for information. ADJOURNMENT There being no further business to discuss, the, meeting adjourned. Respectfully submitted, oR bert W. Watkins, Secretary rank H. Brumback, Chairman 2272