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PC_04-15-87_Meeting_MinutesMEETING MINUTES 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 15, 1987. PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; Marjorie H. Copenhaver; A. Lynn Myers; S. Blaine Wilson; George L. Romine; Manuel C. DeHaven; Carl M. McDonald; Kenneth Y. Stiles; Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory. CALL TO ORDER Chairman Brumback called the meeting to order at 2:00 p.m. MINUTES The first order of business was the consideration of the minutes of April 1, 1987. Upon motion made by Mr. Romine and seconded by Mr. McDonald, the minutes of April 1, 1987 were unanimously approved with corrections to page 5. BIMONTHLY REPORT Mr. Watkins noted that the number of building permits in March have doubled over last year for this month, particularly with great increases in multi - family and single - family dwellings. Mr. Gyurisin noted that the Milford and Beth Mathison conditional use permit was withdrawn by the applicant. Mr. Gyurisin said that he had received a site plan drawn by Howard Shockey & Sons for Schenk Foods on Route 11 South. He said that the site plan was for a small office addition to the front of the existing building. The Planning Commission instructed the staff to proceed with administrative approval. COMMITTEE REPORTS Economic Development Commission Mr. Romine, Economic Development Coordinator, said that the Commission is preparing for a reception entitled, "A Salute to Local Industries." Mr. Romine noted that local industry is an important part of 2397 - 2 - economic life in our community. Mr. Romine said that he would have more information for the Commission at a later date. Transportation Committee Mr. Golladay, member of the Transportation Committee, stated that a meeting is scheduled for April 21, 1987 at 7:00 p.m. in the Board Room of the Old Frederick County Court House. Sanitation Authority Mrs. Copenhaver, liaison to the Sanitation Authority, said that at their last meeting, the Authority reported on the Stephens Run consent order that 1,093 connections were allowed. Mrs. Copenhaver reported that as of March 1987, there were 959 connections and 111 outstanding building permits which left 23. She said that the State Water Control Board has stated that the County could use the remaining 23, even with the moratorium. Mrs. Copenhaver said that the Frederick County Permit Center will assign the permits, not the Sanitation Authority. Mrs. Copenhaver reported the Sanitation Authority's comments regarding their review evaluations on Planning Commission applications. There next ensued a short discussion on this matter. CITIZEN COMMENTS Mr. Raymond Fish came forward and introduced himself and Mr. Funkhouser, his partner, to the Commission. Mr. Fish stated that he wished to address the matter of establishing a flea market on property he owned in Clearbrook. Mr. Fish stated that he began planning this project last fall and in as much as the zoning was appropriate, was led to believe that there were no other restrictions regarding the flea market operation. Mr. Fish said that they recently decided to install an electrical outlet to each of the tables and when they applied for the electrical permit, they became involved in site plans, paved parking, curbs, and other things that they had not planned on. Mr. Fish said that this was planned to be a small operation and if paved parking was required, the project would not be feasible. Mr. Fish said that they have a commercial entrance and vehicles can park off the road on the grass. Mr. Fish asked that the Commission allow the staff to administratively approve their site plan so that they could obtain an electrical permit. Mr. Stiles asked if a site plan was on file from the previous owner and Mr. Fish said he had no knowledge of one. Mr. Fish said that the building on the property was constructed in 1976. Mr. Watkins stated that administrative approval does not relieve him 2398 - 3 - of site plan requirements, it is just a matter of expediting the process. Mr. Stiles moved that the Commission authorize the staff to proceed to give the necessary approvals for an electrical permit to be issued. This motion was seconded by Mr. DeHaven and was unanimously approved. SUBDIVISIONS Subdivision of Lakewood Manor, Section 4 -A, for the subdivision of 8.1464 acres into 16 single - family lots in the Shawnee District Action - Tabled Mr. Watkins said that the Sanitation Authority has said that the approximate Lakeside plant capacity is 500 dwelling units. He said that at this time, the estimated number of sewer connections is 311, which leaves 189 connections left. Mr. Watkins said that the Planning staff has estimated the number of pending permits as 108, which would leave a remaining capacity of 81. However, the developers have estimated that the approximate nuamber of permits pending is 50, leaving 139 connections. Mr. Watkins said that based on these figures, the staff estimates that the remaining capacity is between 81 and 139. Mr. Watkins said that with the connections that are requested today, which include Lakewood, Sections 4 -A and 4 -B, and the Village at Lakeside, Sections 5 and 6, the staff feels that the connections requested are reasonably within this range and recommend approval. Mr. David Holliday, developer for the Lakewood Manor and the Village at Lakeside Subdivisions, said that the master plan was already approved and he is requesting plat approval only. Mr. Holliday said he was not requesting that he be guaranteed sewer connections. After considerable discussion on sewer capacity and liability when lots have been approved, the Commissioners felt they did not have accurate information from the Sanitation Authority to make a decision at this time. Mr. Wilson moved to table this application until the Commission was presented with documented proof concerning the number of connections available. This motion was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table the subdivision request of Lakewood Manor, Section 4 -A, until the Commission was presented with documented proof by the Sanitation Authority concerning the number of connections available at the Lakeside Treatment Plant. Subdivision Request of Lakewood Manor, Section 4-B, and the Village at Lakeside, Sections 5 and 6, for single-family residential lots in the Shawnee Magisterial District. 2399 M40 Action - Tabled Upon motion made by Mr. Stiles and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table, by unanimous vote, the subdivision requests of Lakewood Manor, Section 4 -B, and the Village at Lakeside, Sections 5 and 6, until the Commission was presented with documented proof by the Sanitation Authority concerning the number of connections available at the Lakeside treatment Plant. --------------------- Subdivision Request of Greenwood Heights, Section 5, for the subdivision of 16.9127 acres into 49 single - family lots in the Shawnee Magisterial District. Action - Approved Mr. Scott Marsh, Engineer with G. W. Clifford and Associates, was the representative for this subdivision. Mr. DeHaven commented on the Sant.itation Authority's review which stated that plats were approved for water and sewer easements. Mr. DeHaven and other members of the Commission felt the Authority's comments should state either yes or no as to whether sewer and water connections were available. Mr. Gyurisin commented that Greenwood Fire Company has requested fire protection over and above what is required by the Code. Mr. Gyurisin said that the applicant has agreeed to the changes and has incorporated them on the plan. Some of the Commissioners felt that if the Commission was going to table some applications because of lack of sufficient Authority comments, then all applications with similar comments should be tabled, regardless of which treatment plant is concerned. 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 request of Greenwood Heights, Section 5, to subdivide 16.9127 acres into 49 single family lots with required open space, right -of -ways, and easements. This property is located south on Route 656 (Greenwood Road) and south of the Route 656 and Route 657 (Senseny Road) intersection in the Shawnee Magisterial District. This subdivision was approved by the following majority vote: YES (TO APPROVE): Messrs. McDonald, Stiles, Brumback, Golladay, DeHaven, Wilson, Romine NO: Mrs. Copenhaver and Col. Myers 2400 w - 5 - SITE PLANS Site Plan #015 -87 of Outdoor Adventures for a sporting goods store at Delco Plaza Shopping Center in the Shawnee Magisterial District. Action - Approved Mr. Watkins said that the staff had considerable discussions with the applicant regarding parking requirements and had to take into consideration all of the parking at Delco Plaza. He said that the applicant has agreed to pave an adiditonal 130' X 20' strip for parking adjacent to the F & M Bank. Mr. Joseph Wenzel, representative for Outdoor Adventures, was present to answer questions. 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 #017 -87 of Outdoor Adventures for a sporting goods store at Delco Plaza Shopping Center, Route 522 South, in the Shawnee Magisterial District. Site Plan #016 -87 of Bonanza Family Restaurant for a 19'6" X 45' restaurant at Delco Plaza Shopping Center, Route 50 East, in the Shawnee Magisterial District. Action - Approved Mr. Wilson stated that he would abstain from all discussion and voting on this site plan, due to a possible conflict of interst. Mr. Watkins noted that the Frederick County Board of Zoning Appeals has granted a variance to the applicant, allowing the front setback to be reduced from 35' to 25'. Mr. John E. Wetzel, Jr., attorney for Management Records, Inc., the owners and operators of Bonanza Family Restaurant, was the representative for this site plan. Mr. Whetzel said that this addition was meant to facilitate control of persons during peak hours in the interior of the restaurant. He said that they do not anticipate any increase in traffic flow. Mr. Stiles inquired if the addition would significantly increase the seating capacity. Mr. Whetzel said that it will add approximately 60-70 additional seats to accomodate people who are now standing. Mr. Whetzel said the addition was designed to cut down on the length of the line and reduce congestion at the door. Upon motion made by Mr. Romine and seconded by Mr. DeHaven, 2401 - 6 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #016 -87 of Bonanza Family Restaurant for a 19'6" X 45' restaurant addition. This property is located at Delco Plaza Shopping Center, Route 50 East, in the Shawnee Magisterial District. This site plan was approved by the following vote: YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback, Golladay, DeHaven, Romine ABSTAIN: Mr. Wilson Site Plan #017 -87 of Amoco Foam for a manufacturing addition to the existing facility located in the Stonewall District. Action - Approved Mr. Watkins stated that all parking and fire codes have been met. Mr. Edward Szustak, Plant Engineer, was the representative for Amoco Foam. Mr. Szustak stated that in 1979 this site was approved for future expansion of the plant. Mr. Romine commented that this site plan is evidence of expanding existing industry in the area. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #017 -87 of Amoco Foam for a manufacturing addition and planned future expansion to the existing facility. This property is located at the northern intersection of 37 and I-81 in the Stonewall Magisterial District. INFORMAL DISCUSSION OF ZONING ORDINANCE AMENDMENT REQUESTED BY DOUGLAS AND SUE YOST Mr. Robert Mitchell, attorney representing Douglas and Sue Yost, was present to informally discuss a request to amend the A -1 District to add restaurants as a conditional use. Mr. Mitchell said that Mr. and Mrs. Yost's property is located in the Reynolds Store area in an A -1 District and they wish to locate a restaurant on the corner of their property. He said that the Yosts currently have a rezoning application pending, but concerns have been raised regarding potential uses in a business zone. On behalf of Mr. and Mrs. Yost, Mr. Mitchell proposed changing the ordinance to permit restaurants in the A -1 District, similar to what is allowed in the A -2 District. Mr. Mitchell stated that because of the kind of investment needed to construct a restaurant, some of the restrictions on a conditional use permit are not feasible for businessmen or lenders. Mr. Mitchell suggested the Commission establish a limited conditional use 2402 - 7 - permit and the requirement of a site plan. �He suggested that the conditions be related to development of the site which could be shown on a site plan, ie. buffer zones, entrances, size of building, setbacks, etc. Mr. Stiles suggested that the Commission retain the power to limit the hours of operation. Mr. Stiles also noted that a conditional use permit could be approved without time limits. The commissioners were generally in favor of allowing restuarants in A -1 Zones as a permitted use with a conditional use permit. Mr. Gyurisin added that the ordinance amendment could be formally presented at the Commission's first May meeting, followed by conditional use permit approval and possible site plan approval. MEETING NOTICES Mr. Watkins announced that there would be an RP Ordinance Committee meeting on April 27, 1987 at 7:00 p.m, in the Board of Supervisors Conference Room; a Transportation Committee meeting on April 21, 1987 at 7:00 p.m. in the Board Room; and a Worksession on April 28, 1987 at 7:00 p.m. in the Conference Room. INFORMATION REGARDING WALTER PUGH REZONING Mr. Watkins informed the Commission that the Board of Supervisors, meeting in regular session on April 8, 1987, approved the Walter Pugh rezoning by majority vote. Mr. Watkins noted that the Board directed the Planning Commission to review the Residential Performance Zoning classification, in particular, density on small lots and /or fill -in lots. COMMISSION RETIRES TO EXECUTIVE SESSION Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, the Planning Commission unanimously agreed to retire to executive session under Section 2.1- 344.(a)(6) of the Code of Virginia to discuss legal matters. Upon motion made by Mr. DeHaven and seconded by Mr. Stiles, the Planning Commission unanimously agreed to end their executive session and return to the regular meeting. 2403 -a - ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, r ✓ Franke. rumback, Chairman Z - 7 i Viz' Robert W. Watkins, Secretary 2404