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PC_04-01-87_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 April 1, 1987. PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; Marjorie H. Copenhaver; Kenneth Y. Stiles; A. Lynn Myers; S. Blaine Wilson; Carl M. McDonald; Manuel C. DeHaven; Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory. ABSENT: George L. Romine 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 March 18, 1987. Upon motion made by Mr. Golladay and seconded by Col. Myers, the minutes of March 18, 1987 were unanimously approved as presented. BIMONTHLY REPORT The staff reviewed pending applications with the Commission. Mr. Gyurisin stated, for the Planning Commission's information, that Clarke Motor Company had submitted an application for a small temporary office facility on their site for a truck /used car sales office. Mr. Gyurisin said that Clarke Motors anticipates that this will be a temporary situation and if it does become permanent, they will incorporate the office into their main building. Mr. Gyurisin stated that he had received two requests for administrative approval. The first request was for an addition for the Wesley United Methodist Church, located on Route 11 North. Mr. Gyurisin said that they will be adding a 40' X 24' addition to the existing structure. The Commission felt that this request should come before the Commission as a regular site plan item. Mr. Gyurisin said that the other plan, from Bonanza on Route 50 East, is for a 16' X 40' addition to their existing restaurant. Mr. Gyurisin noted that the Frederick County Board of Zoning Appeals granted Bonanza a 10' front yard setback variance. The Commissioners had questions 2389 - 2 - on parking, entrances, traffic, and fire protection and asked that staff to bring this site plan back to the Commission as a regular agenda item. Mr. Wilson did not participate in discussion of this matter, due to a possible conflict of interest. COMMITTEE REPORTS Mr. Golladay reported that the Comprehensive Plan Subcommittee will begin discussion on land use planning on April 7, 1987 at 11:30 a.m. He also noted that the Transportation Committee will be meeting on April 21, 1987 at 7:00 p.m. (Mr. Stiles arrived at this point of the meeting.) SUBDIVISIONS Subdivision Plat of Lenoir City Company of Virginia to subdivide one industrial lot consisting of 4.1667 acres in the Stonewall Industrial Park, Stonewall Magisterial District. Action - Approved Mr. Kenneth Gilpin, representative for this subdivision, was present to answer questions. Upon motion made by Mr. DeHaven and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the request by Lenoir City Company of Virginia for subdivision of one industrial lot consisting of 4.1667 acres and appropriate utility and drainage easements. This property is located in the Stonewall Industrial Park, on the northwest side of Tyson Drive (formerly McGhee Drive Extended) in the Stonewall Magisterial District. PUBLIC HEARINGS Conditional Use Permit #005 -87 of Denny Derflinger for an off -site entrance sign to be located on Route 522 North at Sunnyside in the Gainesboro Magisterial District. Action - Tabled until May 6, 1987 Mr. Watkins said that the applicant, requested that his conditional use permit be sign are not yet complete. Mr. Denny Derflinger, has tabled as his plans for the 4 2390 - 3 - Upon motion made by Mr. Stiles and seconded by Mr. DeHaven BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to table Conditional Use Permit 11005 -87 of Denny Derflinger until May 6, 1987, at the applicant's request. Conditional Use Permit 11006 -87 of R. Thomas and Carolyn G. Malcolm for a beauty shop to be located at 1108 Senseny Road in the Shawnee Magisterial District. Action - Approved Mr. Watkins noted that this will be a one-operator beauty shop to be located in the attached garage. Mr. Thomas Malcolm, applicant, was present to answer questions. Mr. Wilson asked Mr. Malcolm if he would have a problem with off - street parking. Mr. Malcolm said he would not. Mr. Malcolm said that his wife only works about 3 1/2 days per week with only one or two people at a time. Mr. Malcolm said that his house is on a double lot. He added that they do not intend to add any employees. No one was present to oppose this conditional use permit. Upon motion made by Mr. Wilson and seconded by Col. Myers, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit 11006 -87 of R. Thomas and Carolyn G. Malcolm for a one - operator beauty shop to be located at 1108 Senseny Road (Route 657), Shawnee 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 will be provided. Rezoning Request 11004 -87 of Kim Henry to rezone 5 acres, located on the north side of Route 7, adjacent to and to the east of Regency Lake Estates, from B -2 (Business General) to B -3 (Industrial Transition) in the Stonewall Magisterial District for warehouses. Action - Tabled Until May 6, 1987 2391 - 4 - Mr. Watkins said that the staff has requested that the applicant provide a new survey plat showing the land to be rezoned. He said that the staff suspects that some of the land included is zoned RP and will therefore, have to be readvertised. Mr. Watkins stated that at this time, the staff has not received the requested plat. Upon motion made by Mr. Stiles and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to table Rezoning Request #004 -87 of Kim Henry until May 6, 1987. Rezoning Request #010 -87 of Walter L. Pugh to rezone 3.8792 acres on Westminster- Canterbury Drive, Lots G, H, and I, from B -2 (Business General) to RP (Residential Performance) for residential Garden Apartments. This property is located in the Gainesborc Magisterial District. Action - Denied Mr. Watkins said that this rezoning would remove the row of B -2 lots that extend into the RP area. Mr. Stiles asked Mr. Pugh, the applicant, if he had a contract to buy all three lots and Mr. Pugh said that he did. Mr. Stiles asked Mr. Pugh how many units he intended to put on the three lots. Mr. Pugh said that this was not yet determined, but he planned to construct whatever the RP zoning would permit. Mr. Thomas Place, adjoining property owner, wanted to know what density Mr. Pugh planned for these lots. Mr. Place said that he would not be in favor of a high- density development on these four acres. Mr. Watkins explained how allowed density is determined for RP developments. Mr. Stiles asked how many feet from Mr. Place's property line a building could be placed. Mr. Watkins replied that a 200' buffer is required from the single - family home, but this could be reduced by 50% if total screening is used or reduced by 30% for partial screening. Mr. Stiles noted that if total screening is used, the structure could be placed 100' to Mr. Place's property line or if partial screening is used, the structure could be placed to 140' of Mr. Place's property line. Some Commissioners felt that the RP use may be less offensive to adjoiners than what could be developed under the existing B -2 zoning. Mr. Stiles felt this was a valuable piece of commercial property. He said that this area is a major intersection area of Frederick County and he questioned whether or not it was wise to decrease the commercial zoning and increase the residential zoning. 2392 - 5 - Mr. Wilson said that he did not have problems with residential zoning, however, he did have problems with high- density RP development at this location. Mr. John Goodwin, with Westminster - Canterbury of Winchester, stated that they would prefer residential zoning over business zoning, but they are still very concerned about the density for this project and how the property is going to be developed. Col. Myers moved to approve the rezoning request and this motion was seconded by Mr. McDonald. The vote on this rezoning was as follows: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Myers NO: (TO DENY): Messrs. Stiles, Golladay, DeHaven, Wilson, Brumback BE IT RESOLVED, That by majority vote, the Frederick County Planning Commission does hereby deny Rezoning Request #009 -87 of Walter L. Pugh to rezone 3.8792 acres from B -2 (Business General) to RP (Residential Performance) in the Gainesboro Magisterial District. Rezoning Request #010 -87 of Douglas and Sue C. Yost to rezone 7.783 acres at the intersection of Routes 522 North and 694, in the Gainesboro Magisterial District, from A -1 (Agricultural Limited) to B -2 (Business General) for a restaurant. Action - Tabled until May 6, 1987 Mr. Watkins said the the staff considered this as an illegal spot zoning within the rural development area and has recommended denial. Mr. Watkins stated that the applicant has requested that the rezoning be tabled for one month. Mr. Stiles said that this could be considered a business or commercial hub of the Reynolds Store Rural Community Center in that area. Mr. Robert Mitchell, attorney representing Mr. and Mrs. Yost, stated that he was just recently approached by Mr. and Mrs. Yost on this matter. Mr. Mitchell said that upon review, a number of issues arose which he felt should be considered, ie., that perhaps the Yosts are requesting more zoning than they actually need; or that perhaps the Yosts did not need a business zoning and he wanted to pursue the feasibility and appropriateness of changing the application to an A -2 zoning classification or request a zoning text amendment. Mr. Mitchell said that he has also requested that the Yosts do some additional preliminary engineering work which may result in the size of the area sought to be rezoned being reduced. Mr. Mitchell said that if the rezoning was tabled, it would give them an opportunity to address these matters, which might simplify the issue being presented to the Commission. 2393 - 6 - Mrs. Beverly Sherwood, adjacent landowner, stated that she did not object to a family restaurant at this location, but she did object to other uses that would be allowed under B -2 zoning. Mrs. Sherwood stated that she would be in favor of the Commission amending the ordinance to allow family restaurants to be placed in agricultural districts. Upon motion made by Col. Myers and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Request #010 -87 of Douglas and Sue C. Yost until May 6, 1987 at the applicant's request. PARKINS MILL SERVICE AREA, UPDATED SEWAGE FACILITIES PLAN Mr. Watkins said that the Frederick Sanitation Authority has requested that the Planning Commission review the proposal to locate a new wastewater treatment plant at Parkins Mill, where Route 522 South crosses Opequon Creek to determine if the proposal is in accord with the Comprehensive Plan. Mr. Watkins explained the proposal to the Commission. Chairman Brumback was concerned that the Planning Commission was being asked to endorse this when the last revision of the Comprehensive Plan did not include either the regional or Parkins Mill Sewage Treatment Plants. Mr. Stiles said that this plant is necessary to provide service to that area designated in the existing Comprehensive Plan. He said that the fact that it may serve additional area beyond this is an issue that should be addressed at the time the Commission adopts amendments to the Comprehensive Plan. Chairman Brumback called for anyone in the audience who wished to speak in favor or opposition on this subject, but no one came forward. Mr. Wilson asked if this plant was to serve land that was already zoned for residential use and not, at this time, handle anything on the east side of Route 522. Mr. Wellington Jones, Engineer /Director of the Frederick County Sanitation Authority, replied that this was correct. Mr. Stiles asked Mr. Jones if the Sanitation Authority planned to ask property owners in the service area to contribute front monies, similar to what was done on Bufflick Road. Mr. Jones replied that the Authority had no plans to do that at this time. Upon motion made by Mr. Stiles and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission has determined that the proposal to locate a wastewater treatment plant at Parkins Mill with an interceptor to the site of the existing Lakeside Treatment Plant and with an interceptor to divert wastewater from the Stephens Run Plant to the Parkins Mill Plant is in substantial conformance 2394 - 7 - with the Comprehensive Plan. The vote on this matter was as follows: YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Golladay, DeHaven, Wilson NO: Mr. Brumback PROPOSED AMENDMENTS TO THE M -1 Action - Approved Mr. Watkins presented the proposed amendments to the M -1 (Industrial Limited) Zoning District. Mr. Watkins said that the amendments address the issues of 1) distance buffers between industrial and residential uses; 2) screening between industrial and residential uses; 3) restrictions on the disturbance of industrial areas, until the master plan is approved; 4) removal of impervious surface requirements and a requirement that 25% of the area on any industrial lot be landscaped area. Mr. Watkins noted that these requirements are intended to insure protection to residences or neighborhoods adjacent to industrial areas and to improve the use of industrial areas. He added that the amendments are intended to be interim measures until a comprehensive review of the industrial districts is completed. Rosser Payne, consultant in management planning from Warrenton, Virginia, came forward and introduced himself to the Commission. Mr. Payne said that he was present to discuss the letter from C. Douglas Adams and himself, dated January 15, 1987, addressing the definitions of buffers and setbacks. Mr. Payne felt the Planning Commission should be concerned, not so much with depth, but the quality and type of screening and buffering that takes place. He said that site plan controls could be applied to buffering and screening without making reference to specific width. Mr. Payne said that with proper site design, extreme valleys or flood plains could also become very effective buffers. He also suggested that a time limit be set for public review of plans. Regarding the use of office structures, Mr. Payne said that the ordinance is silent on the conversion of an existing structure to an office use. He said that there does not seem to be a correlation between the square footage designated and the available square feet in the building. He said that the Light Manufacturing District permits 60 some uses by right, residences, as well as office parks and offices uses generally, but does exclude three types of offices. Mr. Payne suggested that the Commission give some consideration to including all offices. In conclusion, Mr. Payne said that they endorse most of the recommendations of the Planning Commission. Mr. Stiles said that this amendment is meant to be a temporary 2395 bridge -type effect until the Commission can make a thorough review. Mr. Stiles asked Mr. Payne if they had any problems with the interim amendments proposed. Mr. Payne said that they felt these temporary measures were appropriate and they supported them. Upon motion made by Mr. Golladay and seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XIV, M -1 (Light Industrial) District, Section 14 -4, Height, Area, and Bulk Regulations. OF CARL M. MCDONALD AS Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously approve the re- appointment of Carl M. McDonald as the Planning Commission's liaison to the Winchester - Frederick County Economic Development Commission for a three -year term, commencing on January 31, 1987 and expiring on January 31, 1990. WORKSESSION SCHEDULED Mr. Watkins reminded the Commission that there will be a Planning Commission worksession on April 28, 1987 at 7:00 p.m. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, ?rank H__B_ alr, hairman Robert W. Watkins, Secretary 2396