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PC_03-04-87_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 March 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 7:00 p.m. MINUTES The first order of business was the consideration of the minutes of February 18, 1987. Upon motion made by Col. Myers and seconded by Mr. Romine, the minutes of February 18, 1987 were unanimously approved as presented. BIMONTHLY REPORT Mr. Gyurisin stated that he had received a revised plan for Blue Ridge Mobile Home Park and has also begun to receive comments from reviewing agencies on the revision. Mr. Gyurisin said that he had received a request for administrative approval on a site plan submitted by Seaward International on Route 11 North in Clearbrook. He said that the applicant is proposing to replace an existing portion of their structure. Mr. Gyurisin stated that the final request for administrative approval is a site plan by Howard Shockeys on Route 11 North. He said that Shockeys is requesting an addition to the northwest side of an existing building for further craneway expansion. Chairman Brumback instructed the staff to proceed with administrative approval on all three requests. COMMITTEE REPORTS Comprehensive Plan Subcommittee Mr. Golladay, Chairman of the Comprehensive Plan Subcommittee, presented the Commission with the first section of the revisions of the 2373 - 2 - Comprehensive Plan dealing with population and housing for the Commission's information and study. REPORT ON THE PLANNING COMMISSION'S FEBRUARY 24, 1987 WORKSESSION Mr. McDonald stated that the Planning Commission met with Mr. Jones of the Sanitation Authority and Mr. Sluder of the Health Department and the following topics were discussed: Mr. Jones brought the Commission up -to- date on the problems at Stephens City and he also discussed the new plant at Parkins Mill. Mr. Sluder was concerned about policing all of the new package treatment sewer plants in Frederick County. He said that 153 discharge permits were applied for in Frederick County. Mr. Sluder felt that package treatment sewer plants would do as good a job as a drainfield, because of less groundwater pollution. SUBDIVISIONS Subdivision Plat of Fred L. Glaize, III and Bowman Trucking Co., Inc. for the subdivision of .605 acres in the Opequon District. Action - Approved Mr. Watkins stated that the purpose of this subdivision is to separate the existing single-family dwelling from the proposed area to be developed. Mr. Watkins noted that the development of the 5.544 acre parcel cannot occur until further subdivison approval and that construction cannot occur until sewer connections are permitted. Mr. Billy J. Tisinger was present to represent the applicants. Mr. Golladay asked if the house was on a septic system. Mr. Tisinger said that the house is presently on a septic system, but the purchaser has paid a connection fee for public water and sewer, when available. 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 Final Subdivision Plat of Fred L. Glaize, III and Bowman Trucking Co., Inc. for the subdivision of .605 acres in conformance with the approved master development plan. This property is located on the north side of Route 647, across from the Bass Hoover Elementary School in the Opequon District. Subdivision Plat of C. Douglas and Fern L. Adams for the subdivision of a 4.6256 acre lot for the Project Hope development in the Shawnee District. 2374 - 3 - Action - Approved Mr. Watkins said that the Health Department has approved a temporary pump and haul until sewer and water are available. Mr. Garth Adams, son of C. Douglas and Fern L. Adams, was the representative for this subdivision. Mr. Adams felt this parcel was unique because, by nature of the road and another out parcel, it was separate from the rest of the larger property. Mr. Adams said that this parcel does have access to a state - maintained road. Mr. Adams pointed out on the site plan their proposed realignment of Bufflick Road, which will be detailed in their master plan for the entire area. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the subdivision plat of C. Douglas and Fern L. Adams for the subdivision of 4.6256 acres for the Project Hope development. This property is located on the south side of Bufflick Road, Route 645, in the Shawnee Magisterial District. (Mr. Stiles arrived at this point of the meeting.) SITE PLANS Site Plan #011 -87 of Super 8 Motel for a motel site in the Shawnee District. Action - Approved Mr. Watkins noted that all appropriate site plan and zoning requirements have been met. He said that this site is located on Route 50, next to the existing Hardees site, and a small real estate office is currently located on the property. Mr. Watkins said that this office will be removed and a 62 -unit, two -story motel constructed. Mr. Golladay asked if there was a crossover. Mr. Gyurisin said that the cross -over goes from Sound City over to Hardees and College Park. Mr. Stiles added that the Highway Department is in the process of conducting a study to resolve congestion at this location. Mr. Ritchie, of Ritchie Surveys, was present to represent the applicant. Mr. Stiles asked for the name of the applicant and Mr. Ritchie replied that it was Orin Johnson of Virginia Lodging in Aberdeen, South Dakota. Mr. Wilson asked if the motel would have a restaurant and Mr. 2375 - 4 - Ritchie replied that it would be strictly lodging. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #011 -87 of Super 8 Motel for a motel site on the north side of Route 50 East, just south of Interstate 81, in the Shawnee Magisterial District. This site plan was approved by the following majority vote: YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Golladay, DeHaven, Wilson, Romine NO: Messrs. Myers, Brumback Site Plan #012 -87 of McDonnel Douglas Truck Service for truck service, maintenance, and repair facilities in the Stonewall District. Action - Approved Mr. Stiles stated that he would not participate in the voting on this site plan, due to a possible conflict of interest. Mr. Watkins said that the applicant is proposing one 50' X 72' metal building, employee parking, and loading areas. Mr. L. H. Lipscomb, of L & L Builders, was the representative for this site plan. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan X1012 -87 of McDonnel Douglas Truck Service for truck services, maintenance, and repair facilities, located on the east side of McGhee Road, in the Stonewall Industrial Park, Stonewall District. The vote on this site plan was as follows: YES: Mrs. Copenhaver and Messrs. McDonald, Myers, Brumback, Golladay, DeHaven, Wilson, Romine ABSTAIN: Mr. Stiles Site Plan #013 -87 of Shamrock Truck Terminal for a truck terminal with office and warehouse in the Stonewall District Action - Approved 2376 - 5 - Mr. Watkins said that the proposal is for a large 150' X 600' building, a smaller 50' X 300' building, and a smaller building in the rear of the property. He said that the proposal also includes paved parking areas, graveled loading areas, and storm water retention. Mr. Charles Toan, representing Toan and Associates, the owners of the property, was present to answer questions. Upon motion made by Mr. DeHaven and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan 11013 -87 of Shamrock Truck Terminal for a truck terminal with office and warehouse facilities, located on the east side of McGhee Road, in the Stonewall Industrial Park, Stonewall District. PUBLIC HEARINGS Rezoning Request #001 -87 of Craig D. and Seri K. Kern to rezone 5.0 acres from A -2 (Agricultural General) to B -3 (Industrial Transition) for automobile sales and service in the Gainesboro District. Action - Approved Mr. Watkins said that the Highway Department has stated that the applicant will need more than the existing 53' to install the kind of entrance that would be required to gain access directly onto Route 522. Mr. Watkins said that the applicants will be somewhat limited in their access to Route 522; however, they do have good access in the rear to Route 679, the road going through Albin, which has indirect access to Route 522. Mr. Watkins said that if the applicant still desires direct access on 522 and they can get some frontage from the neighbors to increase the 53', the Highway Department would approve an entrance. Craig and Seri Kern, the applicants, were present to answer questions. Col. Myers commented on the two conditional use permits that the Kerns currently have. Mr. Kern said the grooming shop, which they plan to continue, is located on the one acre parcel with their residence. He said that the boarding kennel is located on the separate 5 -acre lot, where they are planning to have automobile sales, and will be removed. Upon motion made by Col. Myers and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request 1)001 -87 of Craig D. and Seri K. Kern to rezone five acres from A -2 (Agricultural General) to B-3 (Industrial Transition) for automobile sales and service. This property is located between Route 522 North and State Route 679 at Albin in the Gainesboro Magisterial District. 2377 - 6 - Rezoning Request 41004 -87 of Kim Henry to rezone 5 acres from B-2 (Business General) to B -3 (Industrial Transition) in the Stonewall District. Action - Tabled to April 1, 1987 Mr. Kim Henry, owner of the parcel, said that he would like to place mini - storage warehouses on the property. Mr. Stiles said that although he was not against the rezoning, he was unclear as to what portion of this parcel the Commission was being asked to rezone. Mr. Stiles also pointed out that only two adjoiners are listed on the application, however, there are more than two people who adjoin this property. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Request 11004 -87 of Kim Henry until the meeting of April 1, 1987 due to the fact that all adjoining property owners were not notified of the proposed rezoning. Rezoning Request #005 -87 of Shen - Valley Lime Corporation and James L. Bowman to rezone 163.749 acres from EM (Extractive Manufacturing) to M -1 (Industrial Limited) and M -2 (Industrial General) in the Opequon District. Action - Withdrawn Mr. Watkins stated that Billy J. Tisinger, representative for the applicant, had withdrawn this application for rezoning. (Col. Myers left the meeting at this point.) Rezoning Request #007 -87 of Thomas C. Baker to rezone 4.31 acres from B -2 (Business General) to B -3 (Industrial Transition) in the Shawnee District. Action - Approved Mr. Benjamin Butler, representing Mr. Thomas C. Baker, felt this rezoning would be an improvement over what is existing in the area at the present time. Mr. Butler said that Mr. Baker is planning a small and medium sized warehouse project. 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 41007 -87 of Thomas C. Baker to rezone 4.31 acres from B -2 (Business General) to B -3 (Industrial Transition) for a 2378 - 7 - small and medium sized warehouse project. This property is located on Lot 1, Windy Hill Subdivision, 676 Windy Hill Drive, in the Shawnee District. Rezoning Request #008 -87 of Leonard J. and Dorothy A. McCormack to rezone 5.00 acres from M -1 (Industrial Limited) to A -2 (Agricultural General) in the Stonewall District. Action - Approved Mr. DeHaven stated that he would not participate in voting on this rezoning request, due to the fact that he was an adjoining property owner. Mr. Watkins said that this rezoning will readjust the zoning boundary between a small industrial area and land zoned A -2. Mr. Benjamin Butler, representing the applicant, stated that Mr, and Mrs. McCormack intend to build a residential dwelling on the property. Mr. Butler said that the location is next to the Reimers Electra Steam, Inc., which Mr. McCormack has recently sold, and they wish to build a new residence at this location. Upon motion made by Mr. Stiles and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #008 -87 of Leonard J. and Dorothy A. McCormack to rezone 5.00 acres from M -1 (Industrial Limited) to A -2 (Agricultural General) for a residential dwelling. This property is located on Route 11 North, approximately two miles north of Clearbrook, in the Stonewall Magisterial District. The vote on this rezoning was as follows: YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Brumback, Golladay, Wilson, Romine ABSTAIN: Mr. DeHaven Conditional Use Permit #004 -87 of Wray D. and Darlene T. Kimmel for a Boarding Kennel in the Gainesboro Magisterial. District. Action - Approved Mr. McDonald commented on the staff recommendation that a six -foot wooden stockade fence or other solid fence providing a solid screen be provided. Mr. McDonald stated that he could understand requiring this in some areas, but felt this area was fairly secluded. Mr. Wray Kimmel, applicant, said that in the direction the dogs will be facing, the distance is 3,000 feet to the next road with no houses. Mr. 2379 - 8 - Kimmel stated that he planned to construct the building as sound -proof as possible. He said that the addition on the end of the barn will be a block structure with six inches of insulation and an acoustical ceiling. Mr. Kimmel stated that all dogs would be inside at night. Chairman Brumback asked for the total number of dogs and Mr. Kimmel stated that he is requesting permission to board 50 dogs. Chairman Brumback asked how the kennel would be situated in relation to the property lines. Mr. Kimmel replied that he has 36 acres, but the lot is narrow. He said that at the point the lot fronts on Route 522, it is 400 feet wide. Mr. Stiles moved that staff recommendation 115, requiring a six -foot wooden stockage fence, be stricken from the list of conditions. This motion was seconded by Mr. McDonald and unanimously approved. The Commission felt that if noise did become a problem at this location, Condition 116 would give them the right to require a fence at a later date. Upon motion made by Mr. McDonald and seconded by Mr. Stiles, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit 11004 -87 of Wray D. and Darlene T. Kimmel for a boarding kennel on Route 522 North, in the Gainesboro Magisterial District, 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 shall be provided. 4. Construction of the kennel and runs shall be constructed in accord with the attached 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. Conditional Use Permit 11005 -87 of Denny Derflinger for an Off -Site Entrance Sign in the Gainesboro District. Action - Tabled until April 1, 1987 Mr. Watkins noted that the sign will be on a separate lot from the actual businesses and that is why the conditional use permit is required. He also said that the staff felt that one properly maintained entrance sign for the uses located on Westminster - Canterbury Drive was better than an entire lot full of business and location signs. Mr. Watkins explained that this was not on the same lot as the car wash applied for by Mr. Derf linger 2380 - 9 - at the Commission's last meeting. Mr. Gyurisin said that the purpose for the sign is to serve as an entrance sign for all the businesss in the B -2 area and along Westminster- Canterbury Drive. Mr. Denny Derflinger, applicant, stated that this will be a masonry sign with a dusk -to -dawn light. He said that it will have inlays in the masonry work where plaques can be pulled out, painted, and inserted back in. Mr. Derflinger said that he wanted to build the sign to suit Westminster- Canterbury, since they are going to be permanent at this location. Mr. Derlinger was not sure about the dimensions of the sign, as he needed to hear from the Highway Department on their setback requirements. Mr. Oates, of Oates Cash Grocery, expressed concern about Mr. Derflinger's sign obstructing the view of his signs. The Commission felt that they could not take action on this request until Mr. Derflinger had specific dimensions and the location of the sign available. Upon motion made by Mr. Stiles and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Conditional Use Permit #005-87 of Denny Derflinger for an Off -Site Entrance Sign until their meeting of April 1, 1987. Conditional Use Permit #003 -87 of Milford J. and Bathel L. Mathison for a Cottage Occupation /Plaza Sweepers in the Shawnee District. Action - Denied Mr. Watkins stated that the proposed use is being conducted in an accessory building by the residents (owners) of the property. Mr. Milford Mathison, applicant, said that he was the owner of the Plaza Sweepers Company. Mr. Mathison said that his residence is on Route 522 and the garage is on a separate, adjoining parcel on Bufflick Road. Mr. Mathison said that he bought this property in order to have a right- of-way to his residence. Mr. Stiles and other members of the Commission were concerned about issuing a cottage occupation on a lot without a residence. Mr. Gyurisin stated that due to the configuration of the lots, the staff issued a building permit to Mr. Mathison to construct a residential garage for his vehicles, as an accessory building to his home. Mr. Gyurisin said that in order to meet the terms of the ordinance, Mr. Mathison could combine the two lots to make one parcel, which could be done administratively and /or as a part of the conditions. 2381 �1= Mr. Wilson asked Mr. Mathison if he built the garage for his business and Mr. Mathison said that he built it with the intention of working on anything he got. Mr. Mathison said that he hauled in about 18 -20 loads of shale to level his property and put in a culvert. Mr. Mathison said that the garage is 30' X 40' and he had everything installed by commercial specifications. Chairman Brumback called for anyone wishing to speak in opposition to this conditional use permit and the following people came forward: Mrs. Richard Nicholson stated that her side yard faces Mr. Mathison's property and she presented the Commission with photographs of his property. Mrs. Nicholson was concerned about outside storage around Mr. Mathison's building. She stated that there are pieces of old floats, construction signs, trucks, tractors, pieces of a camper, and the yard has not been cleaned up since the building was constructed. Mrs. Nicholson said that no landscaping has been done with the dirt he hauled onto the property. She said that trucks go in and out after midnight and that the work is not being done inside the building. Mrs. Ralph Beaver, adjoining property owner, was concerned about the water problem. She stated that the culvert was obstructed and water flooded her basement. Mrs. Beaver also was concerned about Mr. Mathison's outside storage. She was also concerned that Mr. Mathison could convert a storage building into a commercial garage. Mrs. Beaver added that the operation is being conducted all night long. Mrs. Jacob Moreland, adjoining property owner, was not against Mr. Mathison's business, but was concerned about the possibility of another junk yard being located in this area. Mrs. Moreland said that Mr. Mathison's property is higher than hers and she is having a problem with run -off from his property. Mrs. Moreland felt a fence should be required around the property. She also presented the Commission with photographs. Mrs. Moreland felt that the operation and storage should be kept inside the building. Mr. Jacob Moreland, adjoining property owner, was also concerned about the shale that Mr. Mathison hauled onto the property and about the water run -off from the property. Mr. Stiles asked if a soil disturbance permit was required before construction. Mr. Gyurisin replied that this building was constructed as a residential garage and that land disturbing permits are required only for businesses where there is over 10,000 square feet of land disturbed. Mr. Stiles asked Mr. Mathison if he had any employees and Mr. Mathison replied that he had one full-time person employed. Mr. Stiles asked the adjoining property owners if they would object to the Cottage Occupation if conditions were placed on the permit regarding hours of operation and screening of storage. Mrs. Nicholson stated that she would not be in favor of the operation because she felt that Mr. Nicholson would not clean up his lot. 2382 - 11 - There was next a discussion by the commissioners on whether this could be classified as a cottage occupation or whether it was a full -time business. Mr. Wilson felt that the applicant had built this garage, not for residential use, but with the intent of operating his business. He also felt that Mr. Mathison should have applied for a conditional use permit when he first built the garage. Mr. Wilson also commented that the garage was constructed two years ago and Mr. Mathison has not yet completed landscaping. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously vote to deny Conditional Use Permit Request #003 -87 of Milford S. and Bathel L. Mathison for a Cottage Occupation /Plaza Sweepers, located on Route 522 South, in the Shawnee District. DISCUSSION ON THE SHENANDOAH WATER SUPPLY PLAN Mr. Watkins said that the staff had 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 Frederick Counties. Mr. Watkins said that the Virginia State Water Control Board has requested that the Board of Supervisors pass a resolution endorsing the plan. He said that the Board has asked the Planning Commission to make a recommendation to them on this matter. Mr. Watkins said that the biggest issue is the capacity for withdrawals from the Shenandoah River. Mr. Stiles was concerned about the purpose and intent of the resolution that the County was being asked to adopt. Mr. Stiles was concerned that the plan may limit the amount of water this area could take from the Shenandoah River. He felt that this could have future impacts on Frederick County's water supply. Mrs. Copenhaver read some correspondence regarding information that the Sanitation Authority was given about this matter. The Planning Commission felt that they needed to obtain more information on this matter before a decision could be made. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, tiairman Robert W. Watkins, Secretary 2383