PC_12-03-86_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room in the Old Frederick County
Court House, 9 Court Square, Winchester, Virginia, on December 3, 1986.
PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr.,
Vice — Chairman; Marjorie H. Copenhaver; Kenneth Y. Stiles; George
L. Romine; Manuel C. DeHaven; Carl M. McDonald; S. Blaine Wilson;
Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory.
ABSENT: Col. A. Lynn Myers
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
November 5, 1986. Upon motion made by Mr. Romine and seconded by Mr.
Golladay, the minutes of November 5, 1986 were unanimously approved as
presented.
The next order of business was the consideration of the minutes of
November 19, 1986. Upon motion made by Mr. Golladay and seconded by Mr.
Wilson, the minutes of November 19, 1986 were unanimously approved as
presented.
BIMONTHLY REPORT
Mr. Gyurisin had three requests for administrative review and
approval. The first request was by AT &T for a 24' X 36' unmanned
transmission building for improving long distance communication. The
commissioners felt this item needed to be reviewed by the Planning
Commission. The second request was a change to the Tudor Square Master
Development Plan, Section 2. Mr. Gyurisin said that the old plan called
for 104 apartments and the proposed new plan is for 96 townhouse units.
Chairman Brumback instructed the staff to proceed with administrative
approval on this request. The third request was for a two —story addition
(52 additional units) to the Holiday Inn, east of Winchester. Chairman
Brumback requested that the staff bring this site plan to the Planning
Commission for review.
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COMMITTEE REPORTS
Economic Development Commission
Mr. Romine, Economic Development Coordinator, reported that the EDC
offices will be moving to their new location at Rouss City Hall at the end
of the month.
Comprehensive Plan Subcommittee
Mr. Golladay, Chairman of the Comprehensive Plan Subcommittee,
stated that this committee will be having regularly scheduled meetings on
the first Tuesday of each month at 11:30 a.m. Mr. Golladay said that they
are currently in the process of working on the Population and Housing
Section of the plan.
Residential Performance Review Subcommittee
Mr. Gyurisin said that the Subcommittee has identified ten issues
and problems and will be looking for solutions to those problems.
SUBDIVISIONS
Subdivision of Kinross Farm for the division of two lots, 4.08527 acres and
2.89874 acres in the Stonewall Magisterial District.
Action - Approved
Mr. James Ross, Realtor with E. E. Bayliss, was present to represent
the owners of the Kinross parcel. Mr. Ross said that Mr. Kimerly Henry
proposes to buy the eastern portion of the property, consisting of 2.89874
acres. He said that the owner agreed to sell the property subject to the
Planning Commission's approval of the subdivision.
Mr. Kimerly Henry stated that he owned Winchester Carpet and Rug
Company. Mr. Henry wished to move his business across the street and
construct a building on the new property.
Upon motion made by Mr. DeHaven and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Subdivision Request of Kinross Farm for the division of two lots
consisting of 4.08527 acres and 2.89874 acres. The properties are located
on the north side of Route 7, east of Winchester, in the Stonewall
Magisterial District.
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Subdivision of Garber Trust Land to divide 3.620 acres from the existing
32.49 acre tract, located in the Shawnee Magisterial District.
Action - Approved
Mr. Donald Garber was present as the representative for the Garber
Trust Property. Mr. Garber said that the Lowe's store has outgrown their
facility and they need more property for expansion.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the subdivision of Garber Trust Land to divide 3.620 acres from the
existing 32.49 acre tract. This property is located on the east side of
Route 522 South, south of the Route 50 intersection, in the Shawnee
Magisterial District.
Subdivision Request of the Dove Lot for the division of one lot on existing
Blossom Drive (Route 815) consisting of 15,512 square feet and located in
the Stonewall Magisterial District.
Action - Approved
Mr. Watkins stated that the RP requirements indicate that the master
plan can be waived in cases of smaller developments and the staff
recommends it be waived in this case. He said that this will be one large
lot with no proposed development. He added that there is 18.69 feet of
frontage on Blossom Drive, meeting subdivision frontage requirements.
Mr. Gyurisin stated that this was previously a 56 foot unimproved
right -of -way. He said that three lots were surveyed in the total 56 foot
right- of-way and put on the plat to accomodate rear lots.
Mr. Robert Jewell said that he wanted to purchase this property to
prevent anyone from building a home right next to his because there was
only ten feet from his house to this lot. Mr. Jewell wanted to deed the
lot separately in case he decided to give the lot to one of his children in
the future. He said he had no plans to build on it at this time.
The commissioners were concerned that the proposed lot had only 18
feet of frontage. Their other concern was the three separate right -of -ways
serving the existing house on the Curran property, the Bridgeforth land,
and the proposed lot by Mr. Jewell.
Mr. Stiles said that this subdivision has obvious problems, but
technically meets the requirements of the ordinance. Mr. Stiles asked that
the record show that the Planning Commission's decision on this subdivision
should not be construed as general approval of this type of situation of
acquiring frontage on a state right -of -way. Upon motion made by Mr. Stiles
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and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the subdivision request of the Dove Lot for the division of one lot
(consisting of 15,512 square feet) at the end of Blossom Drive (Route 815),
Shenandoah Hills Subdivision, Route 7 East, in the Stonewall Magisterial
District.
Mr. Stiles asked the staff to work with the applicant before the Board of
Supervisors meeting to discuss one joint 56 foot recorded right -of -way,
rather than three separate ones.
SITE PLANS
Site Plan 11036 -86 of Lakeview Townhouses, Phase 1, for 62 two - bedroom
townhouse units with an entrance on Hackberry Drive in the Shawnee
Magisterial District.
Action - Approved
Mr. Watkins said that this site plan follows the approved master
plan and also contains recreational facility areas.
Mr. Charles E. Maddox, Jr., P.E., with Gilbert W. Clifford and
Associates, was the representative for this site plan. Mr. Maddox said
that using the same density designated in the master plan, they have
provided for open space that touches just about every lot in the
development. He also explained that all lots have frontage only on
interior parking bays and do not front directly on main roads. He said
that back yards will be landscaped and visual birms will also be used. Mr.
Maddox also explained the storm water management plan. Mr. Maddox added
that this project has total curb and gutter and enclosed storm sewer.
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 11036 -86 of Lakeview Townhouses, Phase 1, for
62 two- bedroom townhouse units with parking, open space, recreation
facilities, and utility improvements. This property is located north of
Route 642, Lakeside Subdivision, in the Shawnee Magisterial District.
Site Plan 11035 -86 of Rodney Cowley for a 40' X 60' convenience store with
gas pump island, parking, and site improvements in the Gainesboro
Magisterial District.
Action - Approved
Mr. Watkins said that the staff would recommend that 1) the location
of the building be moved four feet from the rear property line and 2) the
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entrance be redesigned as per VDH &T's requirements and resubmitted for
commercial entrance approval.
Mr. Rodney Cowley stated that both requirements mentioned by the
staff will be met.
Mr. Stiles said that the gas pump island is only 48 feet from the
State's right -of -way. Mr. Stiles asked if the County or the Highway
Department had design standards for gas pump islands. Mr. Gyurisin said
that the Highway Department required gas pump islands to be 12 feet from
their right -of -way, but had no requirements as far as the distance of the
canopy to their right -of -way, as long as it did not extend into the
right -of -way.
Mr. Stiles recommended that there be some type of barrier, such as metal or
concrete posts, at the ends of the island so if a car came through, it
would hit something other than the gas pump.
Upon motion made by Mr. McDonald and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #035 -86 of Rodney Cowley for a 40' X 60'
convenience store with gas pump island, parking, and site improvements.
This property is located on the northeastern side of Route 522 North at
Albin in the Gainesboro Magisterial District.
PUBLIC HEARINGS
Rezoning Application $022 -86 of James Bowman and Fred Glaize to rezone
17.72 acres from A -2 (Agricultural General) to RP (Residential Performance)
in the Shawnee Magisterial District.
Action - Approved
Mr. Watkins stated that the Planning Commission recently considered
this property for rezoning, but tabled the request and then the applicant
withdrew the application. Mr. Watkins said that there are two existing 56
foot right -of -ways going into the property. Mr. Watkins said that on the
previous rezoning application, the Highway Department stated that there was
inadequate width for curb radius and that they could not, in the 56 foot
right -of -ways, provide an entrance according to state standards. He said
that the current applicants have begun design work on the entrance, have
presented the design to the Highway Department, and the Highway Department
has basically said that they can approve it.
Mr. Charles E. Maddox, Jr., P.E., with G. W. Clifford and
Associates, was the representative for this rezoning request. He said that
this was planned for development as early as 1957 and the subdivision plat
signed by the resident engineer indicates that the right- of-way access to
Greenwood Road was adequate. Mr. Maddox said that it was his suggestion
that a detailed design be done in order to demonstrate the feasibility on
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this road. He added that the state minimum right— of—way width is 50 feet
and this has 56 feet.
Mrs. Regina Baldwin, property owner in the area, stated that she was
one of the people that organized the meeting with the Planning Commission
at the site. Mrs. Baldwin was concerned that previously, the Highway
Department said that the one entrance did not meet state requirements and
now they are saying that it does meet requirements.
Mr. Stiles said that his assumption was that the only way they could
resolve the problem was to purchase either of the lots on either side of
the entrance.
The Commissioners were concerned that the entrance on this
application was approved by the Highway Department, although is was
unacceptable several months ago. Mr. Stiles asked that a representative of
the Highway Department be present at the Board meeting and that a copy of
the Highway Department's previous recommendation be included in the Board's
agenda.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Rezoning Application #022 -86 of James Bowman and Fred Glaize to
rezone 17.72 acres from A -2 (Agricultural General) to RP (Residential
Performance) for single — family residences. This property is located south
on Route 656 (Greenwood Road), south of the Route 656 and 657 (Senseny
Road) intersection, in the Shawnee Magisterial District.
PUBLIC MEETINGS
Preliminary Master Development Plan #013 -86 of Greenbriar South Subdivision
for single — family traditional development with water, sewer, and road
improvements in the Opequon Magisterial District.
Action — Approved
Mr. Watkins said the applicant is proposing single— family lots
served by a small cul —de —sac. They have revised the final plan to
incorporate the common area into the lots without increasing the number of
lots. Mr. Watkins said that this was the appropriate procedure to waive
the open space. He added that a buffer is proposed along Route 647.
Mr. Bruce Edens, with Greenway Engineering and Surveying Company,
Inc., was the representative for this master plan. Mr. Edens said that the
setback will be changed from 25 feet to 35 feet and the buffer will be
increased from 50 feet to 70 feet.
Upon motion made by Mr. Golladay and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Preliminary Master Development Plan #013 -86 of
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Greenbriar South Subdivision for single - family traditional lots with water,
sewer, and road improvements. This property is located north of Stephens
City, on the north side of Route 647, in the Opequon Magisterial District.
DISCUSSION OF M -1 AMENDMENTS
Mr. Watkins stated that the staff presented to the Planning
Commission at the last work session the proposed amendments to the M -1
Zoning District. Mr. Watkins said the proposals included 1) a requirement
for a master plan; 2) requirements for increased buffer areas up to 200
feet, as well as increased flexibility on the requirements for screening;
and 3) a request by the County Administrator to allow fish, poultry, and
meat processing in the M -1 District.
Mr. Stiles said that it was the Board's feeling that 1) final
subdivision plats should continue to go to the Board of Supervisors for
approval; and 2) there needs to be a requirement in the ordinance that once
land is zoned for an industrial park, before any of the natural contours or
buffers can be altered, that a master plan needs to be submitted and
approved for the entire tract. The Commission discussed this item at some
length and how it could be enforced.
On another issue, Mr. Romine said there was nothing in the
amendments concerning impervious area. Mr. Romine felt this was an
important issue because 1) the current requirement was excessive; 2) land
continues to get more expensive; and 3) it has a tendancy to conserve
agricultural lands. Mr. Romine also felt that the required setback of 200
feet was excessive. The Commission also discussed this item at length.
OTHER
INFORMAL REQUEST BY MR. GIRRISH PATEL
Mr. Gyurisin presented an informal request by Mr. Girrish Patel, who
is the owner of the Winchester Budget Motel on Route 522 North, to allow
long -term residential use for non - transient persons in a B -2 Zoning
District. The Planning Commission was not in favor of any type of
residential use in business zoning districts.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned.
Respectfully submitted,
i
obert W. Watkins, Secretary
ie�2M�
FF annk H. Brumbac ,� Chairman
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