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PC_02-04-87_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 February 4, 1987. PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., - Vice-Chairman; Marjorie H. Copenhaver; Kenneth Y. Stiles; A. Lynn Myers; S. Blaine Wilson; George L. Romine; Manuel C. DeHaven; Carl M. McDonald; Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory. CALL TO ORDER Chairman Brumback called the meeting to order at 7:30 p.m. MINUTES. The first order of business was the consideration of the minutes of January 21, 1987. Upon motion made by Col. Myers and seconded by Mr. Golladay, the minutes of January 21, 1987 were unanimously approved as presented. BIMONTHLY REPORT The staff discussed pending applications with the Commission. SUBDIVISIONS Revised Final Subdivision Plat of Wakeland Manor, Sections F and F1, for the subdivision of 42 lots in the Shawnee Magisterial District. Action - Approved Mr. Watkins stated that this section is being developed under the former R 73 Residential Zoning requirements. Mr. Watkins noted that all subdivision and zoning standards have been met. He said that the applicant has revised the approved Section F to include ten additional lots along Brandylion and Laurel at Route 642. He added that the applicant has divided the original Section F into two sections: F, containing eight lots, and F1, containing 34 lots. Mr. Rex Wakeman, applicant, said that the revision involves the addition of eleven lots. He said that when the Planning Commission 2351 - 2 - approved the lots in November, he had not anticipated building the street on the southern end of Brandylion, due to the close proximity of their farm buildings. Once construction started and they could see where the streets and lots would be located, they felt there was adequate room between the farm operation and the lots. Mr. Wakeman added that it will also be more economical for their contractor to install the laterals and sewer connections for the lots now. Upon motion made by Mr. Wilson and seconded by Mr. DeHaven, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously approve the Revised Final Subdivision Plat of Wakeland Manor, Section F and F1, for the subdivision of 42 lots in the Shawnee Magisterial District. MASTER DEVELOPMENT PLANS Final Master Development Plan 11015 -86 of Greenwood Heights for a single - family traditional development in the Shawnee Magisterial District. Action - Approved Mr. Watkins stated that this plan meets all applicable RP (Residential Peformance) and Master Development Plan requirements. Mr. Scott Marsh, Engineer with G. W. Clifford and Associates, was the representative for this master development plan. In regard to Chairman Brumback's question on utility easements for the cul-de -sac, Mr. Marsh said that what the Sanitation Authority is looking for is an easement that would go along one of the lot lines so that they could loop the water line in for future projects. Mr. Marsh said that they have done this on previous projects and intend to do so again for this project. He said that this will be shown when the actual subdivision construction drawings are put together. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously approve Final Master Development Plan 11015 -86 of Greenwood Heights for a single - family traditional development in the Shawnee Magisterial District. DISCUSSION ON THE SHENANDOAH WATER SUPPLY PLAN Mr. Watkins said that the staff has received a draft of the Shenandoah Water Supply Plan prepared by the Virginia State Water Control Board. Mr. Watkins said that this plan contains information and recommendations concerning the provisions of future water supply in the Shenandoah Planning Area, which includes all areas drained by the Shenandoah River and tributaries of the Potomac River in Clarke and 2352 - 3 - Frederick Mr. Watkins said that the Virginia State Water Control Board has requested that the Board of Supervisors endorse the plan. He said that Board has referred the plan to the Stream Standards Committee for review.' Watkins said that the staff would report back to the Commission on the findings of that committee. AGRICULTURAL EXTENSION SERVICE ON AMENDMENTS TO Mr. Watkins presented some information from the Virginia Cooperative Extension Service of Virginia Tech regarding proposed amendments to the Agricultural and Forestal Districts Act of 1977. Mr. Watkins stated that depending on the outcome of the amendments, the staff may have some additional recommendations to the Comprehensive Plan regarding the Agricultural and Forestal Districts. --------------------- CONTINUATION OF A PUBLIC HEARING Rezoning request #020 -86 of Athey Trucking, Inc. to rezone 4.09 acres from RP (Residential Performance) to M -1 (Industrial Limited) in the Opequon Magisterial District. Action: - Approval to rezone the western parcel, identified as Parcel B (containing the existing building) Denial to rezone the eastern parcel, identified as Parcel A Mr. Watkins noted. that this item was tabled from a previous Planning Commission meeting and then summarized the staff's previous review. Mr. Joseph Massie, attorney, was present to represent the Athey Trucking Company, Mr. and Mrs. Athey, and their son, Joseph W. Athey, Jr. Mr. Massie introduced his investigator, Mr. Lawrence Peters. Mr. Peters presented some photographs of the area and said that he was retained to determine if any neighbors in the area were disgruntled about the trucking company and /or noise in the area. Of the four neighbors that Mr. Peters interviewed, he said that none had complaints about the Athey Trucking operation, but they did complain about the noise coming from Route 277. Mr. Peters said that he used a surveillance shot -gun type microphone to record the traffic noise at the truck area and the most prevalent sounds came from I -81 and secondly, Route 277. Mr. Massie said that Mr. Athey has a need for additional parking and this is the primary reason he purchased the land east of the existing facility. He said that Mr. Athey would -like to park employees' vehicles on the newly purchased parcel and noted that there are no residential properties surrounding this property. Mr. Massie said that any new construction would be attached to the existing building. Mr. Massie 2353 - 4 - - stressed that Mr. Athey was present at this location long before the. residential.area started and that Mr. Athey is a nonconforming use in a recently rezoned area. Mr. Massie asked that this rezoning not be judged on anticipated future expansion. He further added that this enterprise will benefit Frederick County and will not be a hardship to the people in the area. Mr. Bill Tysinger, representing James L. Bowman and Bowman Trucking Company, came forward to speak in opposition to this rezoning. He said that Mr. Athey has been on the original parcel (Parcel B) since 1954 and they do not oppose rezoning of this portion of land; however, the land that lies east of the original parcel (Parcel A) was purchased in 1983-84, when all the surrounding land was zoned RP; and they do oppose rezoning of this parcel. Mr. Stiles agreed that Mr. Athey has a vested and grandfathered interest in the parcel on which the existing operation is located; however, he felt Mr. Athey did not have a vested interest or rights to the second parcel. Mr. Stiles said that this parcel was purchased while it was zoned residential and while it was surrounded by residential zoning. Mr. Stiles noted that in addition to considering the impacts of Mr. Athey's truck terminal, the -impacts of any use in M -1 have to be considered and not "solely the existing use. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby approve the rezoning of the western parcel, identified as Parcel B (containing the existing building), described in Deed Book $232, Page #306; to M -1 (Light Industrial). The vote was as follows: - YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback, Golladay, DeHaven, Wilson NO: Mr. Romine Upon. motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT FURTHER RESOLVED, THAT the Frederick County Planning Commission does hereby deny the rezoning of the eastern parcel, identified as Parcel A, and described in Deed Book 11573, Page #109, M -1 (Light Industrial). The vote was as follows: YES (TO DENY): Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback,.Golladay, Romine NO: Messrs. DeHaven, Wilson 2354 5 - REGULAR PUBLIC HEARINGS Rezoning Request 11001 -87 of -Craig D. and Seri K. Kern to rezone 5.0 acres from A- 2- (Agricultural General) to B -2 (Business General) and M -2 (Industrial General) in the Gainesboro_Magisterial District. Action - Withdrawn Mr. Watkins stated that the applicants for this rezoning have withdrawn their request. He said that they will be submitting another request at the March 4, 1987 meeting for rezoning of this land to B -3 (Industrial Transition). Rezoning Request #003 -87 of Lowe's Investment Corporation to rezone 7.79 acres from B -1 (Business Limited) and B -2 (Business General) to B -3 (Industrial Transition) in the Shawnee Magisterial District. - Action Approved Mr. Watkins said that this rezoning involves two including the 3.62 acre Garber Trust Land portion in the rear currently zoned B -2 and the existing 4.17 acre Lowe's site, currently zoned B -1. He noted that the proposed rezoning will allow the legal expansion of the existing Lowe's use. Mr. David Wright, from the Real Estate Department at Lowe's Company in North Carolina, was the representative for this rezoning. Mr. Wright said that Lowe's is upgrading the stores currently in the Lowe's chain, instead of-adding new stores. Mr. Wright explained that this store currently has 11,103 square feet of retail sales floor area and they are proposing to increase that to 22,800 square feet. He said that they will not be changing the warehouse, but will relocate the long shed, located on the north side of the property, to behind the warehouse and sales floor area. Mr. Wright added that they plan to purchase three additional acres next to this site to accomodate the expansion. In regards to the parking, Mr. Wright said that they will be increasing the number of parking spaces from 59 to - 141, which should eliminate any parking problems that presently exist. 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 Request #003 -87 of Lowe's Investment Corporation to rezone 7.79 acres from B -1 (Business - Limited) and B -2 (Business General) to B -3 (Industrial Transition). This property is located.on the east side of Route 522 South, south of the Route 50 intersection, in the Shawnee Magisterial District. Application #002 -87, Request to Mix Housing Types, of Harold N. and Betty L. Strosnider. 2355 Action - Denied Mr. Watkins explained that this request is to place duplexes in an area with single - family dwellings. He said that the proposal is to have two buildings, one on each lot, each building containing two units. Mr. Harold Strosnider, applicant, said that Mr. Kerns wanted to purchase the property from him. Mr. Strosnider said that due to the cost of a sewer and water hookup, Mr. Kerns felt that only duplexes would be feasible. Mr. Golladay and other members of the Commission'were concerned whether it was good practice to mix housing types in an existing subdivision. Mr. Golladay felt this was something for the Ordinance Subcommittee to review. Mr. Stiles said that the Subcommittee needed to decide whether or not duplexes or other multi- family units should be a part of the RP Zone. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby deny Application 11002 -87, Request to Mix Housing Types, by Harold N. and Betty Strosnider. This property is located on the west side of Broad Avenue, 1/4 mile from Senseny Road, in the Lockhart Subdivision, Shawnee Magisterial District. The vote on this rezoning was: YES (TO DENY) Messrs.,Golladay, DeHaven, Wilson, Romine, Brumback NO: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers Conditional Use Permit 11011 -86 of Beulah R. Lind for a Cottage Occupation /Odds and Ends Shop in the Gainesboro Magisterial District. Action - Approved Mrs. Beulah R. Lind, applicant, said that she proposes to sell nick- nacks and used items from her home. Mrs. Lind said that there would be no outside storage. The Commissioners next discussed the Highway Department's comments with Mrs. Lind. Mrs. Lind said that she understood the Highway Department's requirements. 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 11011 -86 of Beulah R. Lind for a 2356 - 7 - Cottage Occupation /Odds and Ends Shop to be located in the existing building on the east side of Route 654, about 1/2 mile north of Route 522, at Cross Roads Grocery, with the following conditions: ' 1. This is 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: Off- street parking will be provided. Conditional Use Permit #012 -86 of John 0. Hahn to Re- establish a Legal Nonconforming Use of Property in the Back Creek Magisterial District. Action - Approved Mr. Watkins said that there is good evidence that there were _ previously two homes on this lot. Mr. Watkins noted that there is not enough land to divide the lot into two parcels. Mr. Watkins said that this property consists of 1.93 acres and two acres are required to subdivide. Mr. John 0. Hahn, applicant, said that he purchased the lot in 1981 with-the two existing dwellings on the property. He said that one of the . two existing houses was termite infested and had to be demolished. Mr. Hahn said that as he understands, he would be allowed to leave the sewer and water connected to the existing house and there will be a separate septic system for the new residence. He noted that the two residences would not be"hooked together on one system. He further added that there would be - only one well. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #012 -86 of John 0. Hahn to re- establish a legal nonconforming use of a property with more than one residence. This property is located on Route 621 in the Back Creek Magisterial District. Conditional Use Permit 1013 -86 of Joseph C. Smith for a Group Adult Retirement Home in'the Stonewall Magisterial District. Action - Approved Mr. Watkins noted that the proposed use is permitted in the RP District with a conditional use permit. He said that the use does not detract from the residential characteristics of the neighborhood, because of the existing mix of commercial and residential uses. 2357 - 8 - Mr. Scott Smith, son of Joseph Smith, the property owner, and Mrs. Mitzi Signor, daughter of Joseph Smith, were present to answer questions. Mr. Smith said that they plan to establish a group adult retirement home, licensed by the State. Chairman Brumback inquired about capacity and future expansion. Mrs. Signor replied that due to existing available space, they will be permitted to have six residents plus one live -in employee. She said that they hope to expand in the future to a maximum capacity" of 12. Mrs. Signor explained that they plan to be licensed for ambulatory and nonambulatory service and therefore, are required to have a sprinkler system. She said that they are currently working on the commercial _entrance. Mr. Stiles moved to add a condition to the ones suggested by the staff that all state regulatory agency requirements be met. This 'motion was seconded by Mr. Golladay and was passed unanimously. Upon motion made by Mr. Stiles and seconded by Mr. McDonald, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby, unanimously approve Conditional Use Permit 11013 -86 of Joseph C. Smith for a group adult retirement home to be located on the east side-of Route 7, one mile east of Winchester,_with the following conditions: 1. This is 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. Off- street parking will be provided. 4. Should additional construction or expansion of facilities take place, a site plan shall be submitted for approval. 5. All state regulatory agency requirements must be met. Conditional Use Permit 11001 -87 of Charles E. Waterman for a Cottage Occupation /Office in the Gainesboro Magisterial District. Action - Withdrawn Mr. Watkins stated that this conditional use permit has been withdrawn at the applicant's request. Conditional Use Permit 11002 -87 of Janet Bissell for a residence and dog kennel in the Gainesboro Magisterial District. 2358 - 9 - " Action - Approved Mr. Lawrence Winters, associate of Mrs. Bissell in the breeding, handling, and showing of show collies, was present to answer questions. Mr. Winters said that they would like to bring to this area their U.S. /Canadian champion show collies which are presently housed in Gaithersburg, Maryland. Mr. Winters said that the kennel is primarily for the protection of the dogs because of their value. -They will bring the existing kennel, which is'already' constructed, on a flat bed from Gaithersburg. He said that this will be a retail enterprise, but they will probably have only one or two people coming in per week. - ' Ms. Janet Bissell stated that the kennel building is designed so that each dog is housed alone and each run has a guillotined door. Ms. Bissel said that when a dog gets noisey, all she has to do is drop a rope and the dog is locked inside and the noise stays inside the insulated building and does not travel. Mr. Stiles asked for the number of dogs and Mr. Winters said that they would have about a dozen. Mr. Winters said there are 14 runs_and 4 exercise pens of approximately 20' X 20' each. Mr. Golladay asked how long they were in the kennel business in Gaithersburg. Mr. Winters said that although he has just recently joined the business, Ms. Bissell has been breeding dogs for approximately 35 years in New England and Gaithersburg. Upon motion made by Col. Myers and seconded by Mr. McDonald, BE IT RESOLVED, That the.-Frederick County Planning Commission does hereby approve Conditional Use Permit,#002 -87 of Janet Bissell for a residence -and dog kennel with the following conditions: 1. This is.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. Off- street parking will be provided. 4. A six -foot wooden stockade fence or other solid fence providing a solid §creen must be, provided around the kennel and run area as indicated on the.attached site plan. 5. Should noise become a problem, this conditional use permit shall be reviewed by the staff and conditions recommended to the Planning Commission and Board of Supervisors for noise abatement. This property is located on Parcel 25C on old Route 522, Cross Junction, approximately 500 yards from the intersection of new.Route 522 and the 701 crossover to the Summit and Whitacre, on the, right hand side of the road. 2359 - 10 - Application #006 -87, Request to Amend the B -2 (Business General) Zoning Regulations, by Girish T. and Nitila G. Patel. Action - Denied Mr. Watkins stated that Mr. and Mrs. Patel own and operate the Winchester Budget Motel located on the west side of Route 522 North at Sunnyside and they would like to operate their motel business with long - term occupancy as well as short -term or temporary . occupancy. Mr. Watkins said under the current hotel definition, only temporary lodging is permitted. Mr. Watkins added that the staff felt this consideration should be a part of a comprehensive review of the B -2 uses, rather than be done in a piecemeal fashion. He further added,that this request should be viewed . by the Planning Commission_ as a change 'that would impact all B -2 zones and not just this use Mr. Thomas Dickinson, attorney representing Mr. and Mrs. Patel, -stated that when the Patel's purchased the motel in 1982, they were asking $25 -$30 per night; however, because of other motels establishing in the area and different traffic patterns, it slowly evolved into an $8 -$9 per night rate. Mr. Dickinson said that this_ is not what Mr. Patel wants, but what he finds economically feasible. Mr. Dickinson said that the minimum amount of time people are now staying in the rooms is one week and Mr. Patel wishes to continue with long-term-occupancy. Mr. Dickinson asked that, in view of the staff's recommendation of denial, that the Planning Commission table this until he has an opportunity to meet with the staff and return to the Commission with a new proposed amendment that,would have site -plan requirements and restrictions. Chairman Brumback called for anyone wishing to speak in favor or opposition to this request and the following people came forward to speak in opposition: Mr. 'Joseph Turner,-adjoining property owner, stated that he has observed people staying at the motel for at least three months at a time. Mr. Turner said that when he moved to this area, the motel was doing a wonderful business and was always full, however, since it was sold, the business has declined. Mr. Terry Lutz, police officer and adjoining property owner,.stated that he has observed unsightly people loitering and drinking beer in the back. of the motel at all times of the day and night. Mr. Lutz felt that all of these people stay for no less than three to four months at.a time and-some have been there longer than a year. Mr. Lutz said that he has small children and they have been awakened during the night by foul language. Mr. Lutz felt the problems there exist because people stay there so long. He said that he has observed people cooking on grills and having beer parties. Mrs. Nancy Crim said that she has lived'in the development behind this establishment since 1966. Mrs. Crim said that when her home was 2360 - 11 - built, the hotel was family owned and was one of.the nicest in Winchester. She said that it has become totally unsightly and noisey. Mrs. Crim said that she does not feel safe in her own home. Mrs. Peggy Hess, adjoining property owner, agreed with all the previous neighbors comments and reported an incident that happened at 2:00 a.m, where bottle rockets were being fired from the hotel towards her automobiles in her own driveway. Mrs. Hess also reported shouting and glass breaking. Mrs. Hess felt it was unsafe for her young daughter. Mr. John Hess, adjoining property owner, stated that he does not approve of this operation and felt that a change was needed. Mr. Robert Hunter, adjoining property owner, said that he also agreed with the previous comments given. Mr. Hunter said that when he moved to this location in 1978, it was a pleasure to live there, but now it has become an eye sore and is dangerous for everyone. Mr. Stiles stated that the establishment is not now being operated as a motel. He said that there have been complaints involving drug distribution and use, - there have -been complaints and indications dealing with illegal immigration and illegal immigrants living there. Mr. Stiles added that there has been complaints of all night long noise and disruption and that this situation has been a major problem to try to deal with. Mr. Stiles said that he would.be strongly oppossed to amending the ordinance just to accomodate this one applicant. Upon motion made.by Mr. Stiles and seconded by McDonald, BE -IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny Application 11006 -87, Request to Amend the B -2 Zoning Regulations, by Girish T. and Nitila G. Patel, to allow long-term occupancy in B -2 (Business General) Zoning Districts. AT)Jn1TRNMRNT There being no further business to discuss, the meeting adjourned. Respectfully submitted, - tom' �I Tank H. BBr , Chairman Robert W. Watkins,.5ecretary 2361