PC_11-04-87_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 November 4, 1987.
PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman;
James W. Golladay, Jr., Vice - Chairman; George L. Romine;
Marjorie H. Copenhaver; A. Lynn Myers; S. Blaine Wilson;
Carl M. McDonald; and Manuel C. DeHaven.
Also present were: Robert W. Watkins, Secretary;
Stephen M. Gyurisin, Advisory; and A. Bray Cockerill, Advisory
ABSENT: Kenneth Y. Stiles
CALL TO ORDER
Chairman Brumback called the meeting to order at 7:00 p.m. The
first order of business was the consideration of the minutes of October 7,
1987 and October 21, 1987. Upon motion made Mr. Romine and seconded by Mr.
Golladay, the minutes of October 7, 1987 were unanimously approved as
presented. Upon motion made by Mr. Golladay and seconded by Mr. Romine,
the minutes of October 21, 1987 were unanimously approved as presented.
BIMONTHLY REPORT
The staff and Planning Commission reviewed pending applications.
COMMITTEE REPORTS
Economic Development Commission
Mr. George L. Romine, Coordinator, updated the Commission on
economic development activity in the area.
Comprehensive Plan Subcommittee
Mr. Golladay noted that the Comprehensive Plan Subcommittee will be
meeting on November 17, 1987.
Transportation Committee
Mr. Golladay noted that the Transportation Committee will be meeting
on November 30, 1987.
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SUBDIVISIONS
Final Subdivision Plat of Greenbrier South Subdivision, Zoned RP, 5.544
acres, in the Opequon Magisterial District.
Action - Approved
Mr. Bruce Edens, of Greenway Engineering & Surveying, noted that the
plat has been revised to restrict access to Lot 18 from Route 641.
Upon motion made by Mr. Golladay and seconded by McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Final Subdivision Plat of Greenbrier South
Subdivision, Zoned RP, 5.544 acres, for the subdivision of 18 lots for
single - family traditional housing. This property is located north of
Stephens City, on the north side of Route 647, in the Opequon District.
Final Subdivision Plat of Battlefield Partnership, Zoned B -2, 3.214 Acres,
in the Back Creek Magisterial District.
Action - Approved
Mr. Ralph Gregory was the representative for this application.
Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Final Subdivision Plat of Battlefield Partnership,
Zoned B -2, 3.214 Acres, for the subdivision of one lot fronting on Route
11. This property is located on the east side of Route 11 South, south of
Route 37 and west of Route 81, in the Back Creek Magisterial District.
SITE PLANS
Site Plan #049 -87 of Winchester Woodworking, Inc., Zoned M -1, 10.813 Acres,
for woodworking and manufacturing facilities in the Shawnee Magisterial
District.
Action - Approved
Mr. Watkins noted that along with existing buildings on the
property, the applicant is proposing a 400' X 100' metal building and a
somewhat smaller building. Mr. Watkins said that water and sewer is not
yet available at this location and therefore, the Building Official has
stated that the proposed buildings will have to be constructed to conform
to fire standards for buildings without sprinkler systems.
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Mr. Thomas Chasler, attorney for Winchester Woodworking Corporation,
and James Hamilton, Chief Operating Officer and President of Winchester
Woodworking Corporation, were present to answer questions from the
Commission.
Chairman Brumback explained to the applicants that after water and
sewer are made available, a revised site plan would have to be approved by
the Commission.
Upon motion made by Mr. Romine and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #049 -87 of Winchester Woodworking, Inc.,
Zoned M -1, 10.813 Acres, for woodworking and manufacturing facilities,
including offices, showroom, warehouses, and manufacturing buildings with
parking and access. This property is located on the west side of VA Route
728 (Victory Lane), approximately 600 feet south of Route 50 East, in the
Shawnee Magisterial District.
Site Plan #041 -87 of Douglas L. Owens, Zoned A -1, 5.06 Acres, for a country
general store in the Gainesboro Magisterial District.
Action - Approved
Mr. Watkins said that the Commission recently approved a conditional
use permit for the store and motor fuel pumping facility, therefore, this
use is allowed in the A -1 District.
Mr. Lowell Cutshaw, with Dove and Associates, was present to
represent this site plan. Mr. Cutshaw said that all Highway Department
comments have been incorporated in the plan. Mr. Cutshaw said that Mr.
Owens will not exceed the limits of clearing and grading shown on the plan.
Upon motion made by Col. Myers and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #041 -87 of Douglas L. Owens, Zoned A -1, 5.06
Acres, for a country general store, gas pumps, and a two -story private
residence. This property is located on Route 50 West, directly across from
Route 615, in the Gainesboro Magisterial District.
MASTER DEVELOPMENT PLANS
Final Master Development Plan #012 -87 of the Airport Corporate Center,
Zoned M -1, 107.20 Acres for M -1 and B -2 uses, located in the Shawnee
District.
Action - Approved
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Mr. David Anhold, with the Cox Company in Charlottesville, was the
representative for this application.
Upon motion made by Mr. Romine and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Final Master Development Plan #012 -87 of the Airport
Corporate Center, Zoned M -1, 107.20 Acres, for M -1 and B -2 uses. This
property is located on the south corner of the Route 728 and Route 50 East
intersection, 1 1/2 miles east of Winchester, in the Shawnee District.
Final Master Development Plan #014 -87 of A. Brokers Associated, Zoned RP,
1.198 Acres, for multi - family (townhouse) residences in the Stonewall
Magisterial District.
Action - Approved
Mr. Watkins said that no changes were required for the final master
development plan and all the RP requirements have been met.
Mr. Butch Kerns, developer with A. Brokers Associated, 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 Final Master Development Plan #014 -87 of A. Brokers
Associated, Zoned RP, 1.198 acres, for multi - family (townhouse) residences.
This property is located on Valley Mill Road, VA Route 659, in the
Stonewall Magisterial District.
(Mr. Wilson arrived at this point of the meeting.)
Final Master Development Plan of Dominion Knolls, Zoned RP, 20.28+ Acres,
for two - bedroom townhouses in the Stonewall Magisterial District.
Action - Approved
Mr. Watkins said that this proposal is a revision of the preliminary
plan that was originally denied by the Planning Commission because the full
buffer area was not shown; however, the plan was approved by the Board of
Supervisors, and shows the reduced buffer area with screening along the
north and south site boundary lines.
Mr. Edward Dove, President of Dove & Associates, the engineers, said
that they have agreed to provide curbs and gutters, sidewalks, underground
utilities, and an underground storm drain system with storm water
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management. Mr. Dove said that they have provided two separate entrances,
the traffic circulation pattern has been improved, and the green spaces
were placed in the vicinity of the townhouses.
The Planning Commissioners felt the final plan was an improvement
over the preliminary plan.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Final Master Development Plan of Dominion Knolls,
Zoned RP, 20.28+ Acres, for two - bedroom townhouses, parking, recreational
facilities, and open space. This property is located on Baker Lane, just
north of the City of Winchester, in the Stonewall Magisterial District.
Final Master Development Plan 4008 -87 of Westside Station, Zoned RP, 18.19
Acres, for 48 single- family detached cluster lots in the Back Creek
Magisterial District.
Action - Approved
Mr. Watkins said that instead of a "through" street, the applicant
is proposing two cul -de -sacs.
Mr. Edward Dove, President of Dove & Associates, the engineers
representing the applicant, said that curbs and gutters have been proposed
on the north side, but not on the south side in order to maintain
conformity with the rural atmosphere of Merrimans Estates. Mr. Dove noted
that one street will be called Westside Station Court, one street will be
called Westside Station Drive, and there will be a street tying in with the
existing Wayland Drive.
Mr. Golladay asked the applicant if he understood the requirement on
the preliminary plan that no lot line could be changed without the Planning
Commission's approval. Mr. Dove said that he understood this requirement.
Upon motion made by Mrs. Copenhaver and seconded by Col. Myers,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Final Master Development Plan #008 -87 of Westside
Station, Zoned RP, 18.19 Acres, for 48 single - family detached cluster lots.
This property is located south of Route 50 West, east of Route 37, and
north of Wayland Drive in the Back Creek Magisterial District.
Revised Preliminary Master Development Plan #005 -87 of Grove Heights, Zoned
RP, 74.359 Acres, for single family cluster housing in the Shawnee
Magisterial District.
Action - Approved
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Mr. Golladay said that he would abstain from all discussion and
voting on this application due to a possible conflict of interest.
Mr. Watkins said that the revisions deal with the road layout and
access to the development. He said that under this proposal, there will be
no access to Columbia Circle, Stanford Drive, or Harvard Circle. Mr.
Watkins said this plan shows access to Route 50 via Route 781 and a second
access to Purdue Drive. Mr. Watkins added that the applicant has provided
a signed contract with Mr. James H. Carroll, allowing the applicant to
incorporate access to Route 781 via the James H. Carroll property.
Mr. George Johnston, attorney, was present to represent the
applicant.
Mr. Bruce Edens, of Greenway Engineering & Surveying, said that the
size of the lots adjoining College Park have been increased, the access
question has been resolved to everyone's satisfaction, and the water and
sewer has been addressed.
Ms. Ann Morrison, Director of Development for Carl Bernstein &
Associates, the builders for Grove Heights, stated that they are northern
Virginia builders with 30 years of experience and they construct high
quality, well -built homes.
Mr. Michael Carroll, appearing on behalf of his father James H.
Carroll, stated that their property will provide the access to Route 781.
Mr. Barry Bryant, resident at 1494 Yale Drive, College Park
subdivision, said that over the last two years, construction in the area
has taxed the wastewater system and he has observed raw sewage being
discharged from a manhole near his property. Mr. Bryant felt that adding
more users to the system would increase the difficulties they are currently
experiencing. Mr. Bryant was also concerned about what access road would
be used during construction. Mr. Bryant was opposed to the use of Purdue
Drive during construction due to limited visibility. Mr. Bryant asked
residents of College Park subdivision who were present to raise their hands
(about 20 people).
Mr. Wayne Nicholson, resident at 1116 Princeton Drive, was also
opposed to traffic on Purdue Drive due to poor visibility. Mr. Nicholson
was also opposed to the City providing water and sewer service because of
possible annexation by the City of Winchester.
Mr. Gary Pugh, resident of 1189 Vassar Circle, was concerned about
the disturbance of woodlands and annexation.
Mr. Albert Nicholson felt this proposed subdivision should not be
approved until the existing sewer system has been improved. Mr. Nicholson
was also concerned about the traffic on Purdue Drive.
Mr. Jessie Brittain, resident on Yale Drive, was opposed to this
development.
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Mr. George Hayes was concerned about the overcrowding of Senseny
School.
Mr. Leonard Newcome, resident at 1470 Yale Drive, said that the
residents of Grove Heights did not have a problem with the developers, but
were concerned with streets, water and sewer, and congestion. He felt that
the problems they have now should be dealt with before any additional homes
are built.
The commissioners next discussed the concerns of the residents in
the area. They concluded that water and sewer problems currently
experienced by the residents of College Park should be dealt with by the
City of Winchester. The Sanitation Authority has stated that they will
have water and sewer service available to the subdivision on Route 50 upon
completion of the Airport Water and Sewer Project, scheduled for completion
in August, 1988. The Sanitation Authority has also stated that should the
City of Winchester not provide service to that part of the subdivision
which can be served by gravity flow to City facilities, the Authority will.
Regarding the traffic problems, the Virginia Department of Transportation
confirmed that improvements to Route 50 are scheduled and will probably
include the addition of lanes and traffic signals. It was also noted that
the proposed development will be using existing entrances to Route 50 and
no new entrances are proposed. Regarding the woodlands, it was noted that
a sizeable amount of existing hardwoods are incorporated in the open space.
In conclusion, they felt that this property was zoned RP and that the
developer had the right to pursue residential development.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Revised Preliminary Master Development Plan #005 -87 of Grove
Heights, Zoned RP, 74.359 Acres, for single - family cluster housing. This
property is located on the north side of Route 50, a short distance from
Interstate 81, in the Shawnee Magisterial District.
The vote on this proposal was:
YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, DeHaven, Wilson,
Romine
NO: Messrs. Myers, Brumback
ABSTAIN: Mr. Golladay
Preliminary Master Development Plan #015 -87 of Asbury Terrace, Zoned RP,
29.256 Acres, for single family traditional housing in the Shawnee
Magisterial District.
Action - Approved
Mr. H. Bruce Edens, with Greenway Engineering & Surveying, gave a
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brief presentation on this plan. Mr. Edens noted that the proposal is for
85 lots with an average lot size of 10,000 square feet. Mr. Edens
addressed the concerns of the staff regarding steep slopes in the open
areas.
Mr. Watkins noted that the road network is an issue in this area.
He noted that the staff, Mr. Edens, and the VDOT are working together on
developing a roadway, either Greenwood Road or one to serve as Greenwood
Road, that would solve the horizontal and vertical alignment problems that
are in the vicinity of the intersection of Valley Mill Road and Greenwood
Road. Mr. Watkins said that there is also a concern that a large portion
of the open space areas contain steep slopes and the applicant would need
to revise the plan to show a slightly higher portion in more level areas.
Mr. Watkins also noted a concern about the small area of open space on
Valley Mill Road. He questioned the usefulness of this area due to its
location being separate from the rest of the development.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Preliminary Master Development Plan #015 -87 of Asbury
Terrace for 85 single - family traditional housing lots, open space, VDOT
roads, and public utilities with the following revisions:
1. Change the road name of Bushmill Drive
2. Either enlarge the common area in Section 1, between Lots 7 and 8, to
make this open area more useable and reduce lots facing Route 659 or
increase the open space in the central portion of the development and
eliminate the small open space lot between Lots 7 and 8.
3. Open space requirements state that no more than 50% of open space be in
steep slopes. The proposed plan exceeds this requirement.
This property is located on the north side of Route 659 (Valley Mill Road),
0.10 miles east of the intersection of Routes 656 and 659, in the Shawnee
Magisterial District.
PUBLIC HEARINGS
Rezoning Request #035 -87 of Bowman Trucking Company, Inc. to rezone 20.537
Acres from B -1 (Business Neighborhood) to B -4 (Business, Shopping Center)
for a shopping center in the Opequon Magisterial District.
Action - Approved
Mr. Watkins noted that this property is a designated urban area in
the Comprehensive Plan and felt there was a substantial market in this area
for a community shopping center of this type.
Mr. Bill Tisinger, attorney representing Bowman Trucking Company,
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Inc. (the legal owner of the property) said that the land is under contract
to Crossroads Development Company, from North Carolina. Mr. Tisinger
introduced Mr. N. Wayne Stainback, the President of Crossroads Development
Company.
Mr. N. Wayne Stainback said that the location of Stephens City was
decided at the request of two major tenants involved in the shopping
center. He said that they felt the Stephens City area was a retail void
from the standpoint of the amount of existing housing and future growth.
Mr. Stainback said that he has leases with Jamesway, Food Lion, and Rite
Aid. He said that the balance of space will be made up of local tenant
space and the intended use for the out lots will be a mixture of financial
institutions and fast food restaurants.
Mr. John Toney, Secretary /Treasurer of the Kim -Sue Corporation which
owns Toney's Supermarket, expressed concern about water and sewer. Mr.
Toney said that when sewage is pumped from their location to other parts of
the county during an overload, he has a problem of sewer gas in his store
and was worried about a methane explosion. Mr. Toney said that he has
talked with John R. Riley, Jr., County Administrator, on solutions to the
problem, but Mr. Toney felt this development should not be approved until
the current sewer problem had been taken care of. Mr. Toney was also
concerned about the increased traffic congestion on Route 277.
Mr. David Curro, resident of the Meadows subdivision, stated that he
was not opposed to the shopping center and felt one was needed in the area.
However, he was concerned because his home, and his neighbors' homes, were
directly behind the proposed shopping center. Mr. Curro asked that the
Commission require an eight foot fence with shrubbery for screening, to
prevent the area from becoming an eyesore. Mr. Curro also asked that there
not be an access through the Meadows subdivision.
Mr. Stainback said that they had no objection to placing the fence
and shrubbery in the rear of the property. Mr. Stainback added that they
had no intentions of creating an access through the Meadows.
Regarding the concerns of Mr. Toney on sewer and water, Mr. Watkins
felt service would be available to this area in the future. Regarding the
traffic, Mr. Golladay said that he is working with the Highway Department
on the possibility of routing truck traffic to roads other than Route 277.
Upon motion made by Mr. Golladay and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Rezoning Request #035 -87 of Bowman Trucking Company to
rezone 20.537 acres from B -1 (Business Neighborhood) to B -4 (Business,
Shopping Center) for a 95,000 square foot shopping center, including a
43,000 square foot department store, a 25,000+ square foot food store, and
a 7,000 square foot drug store as well as four additional retail store
areas. Improvements also include parking, highway and access changes,
storm water protection, landscaping, and off - street loading and service
improvements. This property is located at the southwest intersection of
Route 277 and Route 641, a short distance east of Stephens City, in the
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Opequon Magisterial District.
Rezoning Request #030 -87 of B. K. Haynes Corporation to rezone 392.597
acres from R -5 (Residential Recreational) to A -1 (Agricultural Limited) for
subdivision of land in the Back Creek Magisterial District.
Action - Approved
Mr. Kermit Racey, attorney representing B. K. Haynes Corporation,
presented a large map showing the entire area. Two surveyors were also
present to answer technical questions. Mr. Racey said that the map shows
the top of Great North Mountain and the extreme southern portion, which is
the subject matter for their rezoning application. Mr. Racey said that
this is a part of the real estate which was acquired by the applicant as a
result of a bankruptcy petition in regard to Shawneeland subdevelopment.
He said that the real estate for this rezoning is approximately seven miles
from Shawneeland proper. He explained that the access will be a portion of
property, consisting of 194 acres known as the Richards property, and will
be a separate access over Route 607 to this property and out to Route 55
and 50. The approximate 23 total.parcels owned by the B. K. Haynes
Corporation will be about 100 acres each on which the applicant plans to
establish a wilderness subdevelopment. Mr. Racey said that all lots but
four are already zoned A -1 and this rezoning application is only for the
four remaining lots. Mr. Racey said that most of the land is mountainous
terrain that does not lend itself to regular R -5 development.
Mr. B. K. Haynes, President of B. K. Haynes Corporation, said that
because of the difficult terrain, it is extremely hard to construct a road
network and the best they would be able to provide would be a primitive,
four-wheel drive trail in that region. Mr. Haynes next explained how
access to the lots would be obtained.
The Commission next discussed whether or not it was appropriate for
subdivision of agricultural land to have approved perc tests. Mr. Kermit
said that there is a covenant in the deed that if a property owner elects
to build a dwelling, he must comply with all requirements of the Frederick
County Subdivision Ordinance. The Commissioners concluded that the perc
tests would have to be addressed at the subdivision stage.
Mr. Bill Still, President of the Shawneeland Homeowners Association,
said that he had no problems with the rezoning, however, he was concerned
about controlling access to the mountain and Shawneeland, security for the
residents in Shawneeland, and policing of the area. Mr. Still said that no
access has been granted through Shawneeland.
Mr. Harry E. Richard complimented the surveyors on surveying the
area.
Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
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approve Rezoning Request #030 -87 of B. K. Haynes Corporation to rezone
392.597 acres from R -5 (Residential Recreational) to A -1 (Agricultural
Limited). This property is located on Great North Mountain above
Shawneeland on Route 608, north of the intersection with Route 55, in the
Back Creek District.
The vote on this rezoning was:
YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Myers, Brumback,
Golladay, Wilson, Romine
NO: Mr. DeHaven
Conditional Use Permit #018 -87 of Theodore P. Hoover for a public garage
and body shop in the Gainesboro Magisterial District.
Action - Approved
Mrs. Pauline Hoover said that the operation will be run by her
husband and two sons; that they are complying with all the specifications
of the Planning and Building Department; that they will have an OSHA
approved sealed steel paint bay; and that they will do mechanics and body
and paint repair to vehicles.
Mr. Romine asked for the size of the lot and Mrs. Hoover replied
that it was approximately one acre.
Col. Myers asked if the building met setbacks. Mr. Gyurisin replied
that there is a nonconforming setback line for the structure.
Mrs. Hoover said that they have leased the church lot from Mr.
George Hesley and he has given the authority to park any amount of vehicles
on this lot.
Mr. Charles Strother, adjoining property owner, had no problems with
the conditional use permit.
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 #018 -87 of Theodore P. Hoover
for a public garage and body shop, located on the west side of Route 654,
approximately .02 miles north of Route 522 North, in the Gainesboro
District, with the following conditions:
1. This will be a one year permit to be reviewed and renewed annually by
the staff, the Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit will expire and a new conditional use permit will
be required.
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3. Approval of Virginia Department of Transportation commercial entrance
permit prior to operating the business.
4. Off street parking.
5. The following conditions taken from the zoning ordinance will apply:
Garage, Public - the following conditions will be met:
- -All repair work shall take place entirely within an enclosed
structure.
- -All exterior storage of parts and equipment shall be screened from
view of surrounding properties by a solid artificial or compact
natural screen of at least five (5) feet in height, which shall be
adequately maintained as long as such exterior storage is continued.
Garage, Body Repair - the following conditions will be met:
- -All repair work shall take place entirely within an enclosed
structure.
- -All exterior storage of parts and equipment shall be screened from
view of surrounding properties by a solid artificial or compact
natural screen of at least five (5) feet in height, which shall be
adequately maintained as long as such exterior storage is continued.
Conditional Use Permit #019 -87 of Jane G. Sullivan for a public garage in
the Shawnee Magisterial District.
Action - Approved
Mr. Wilson said that due to a possible conflict of interest, he
would abstain from discussion and voting.
Dino Morgolione, real estate broker representing Jane G. Sullivan,
stated that the Sullivans will be doing body restoration work on one to two
cars every month. Mr. Morgolione said that the operation will not be a
daily six to seven days per week traffic situation.
Mr. Max Totten, resident across the street, felt that this type of
operation should be located in an area zoned for business and not in a
residential neighborhood.
Mr. Ray Hoover, resident in the area, said that he wanted the
neighborhood to remain residential.
Mr. Morgolione said that this property is a 7.892 acre parcel with a
barn (which is to be converted to a garage) and a house. Mr. Morgolione
said that the shortest distance from the road is at least 550 feet. He
added that there will be only one person involved in the operation.
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Mr. Romine moved to approve the conditional use permit with the
conditions listed by the staff, plus the additional conditions that hours
of operation be from 7:00 a.m. until 7:00 p.m. Monday through Saturday and
no operations on Sunday and that the operation be restricted to one person
only. This motion was seconded by Mr. DeHaven and the permit was approved
by majority vote.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #019 -87 of Sane G. Sullivan for
a public garage, located on the south side of Route 645, approximately 3/8
mile from Route 50 East, in the Shawnee Magisterial District, with the
following conditions:
1. This will be a one year permit to be reviewed and renewed annually by
the staff, the Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit will expire and a new conditional use permit will
be required.
3. Hours of operation will be from 7:00 a.m. until 7:00 p.m. Monday through
Saturday and no operations on Sunday.
4. The operation will be restricted to one person only.
5. The following conditions taken from the zoning ordinance will apply:
Garage, Public - the following conditions will be met:
- -All repair work shall take place entirely within an enclosed
structure.
- -All exterior storage of parts and equipment shall be screened from
view of surrounding properties by a solid artificial or compact
natural screen of at least five (5) feet in height, which shall be
adequately maintained as long as such exterior storage is continued.
Garage, Body Repair - the following conditions will be met:
- -All repair work shall take place entirely within an enclosed
structure.
- -All exterior storage of parts and equipment shall be screened from
view of surrounding properties by a solid artificial or compact
natural screen of at least five (5) feet in height, which shall be
adequately maintained as long as such exterior storage is continued
DISCUSSION OF MINING AS A CONDITIONAL USE
The staff and Commission discussed several options that could be
considered concerning developing a category of mining that is allowed with
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a conditional use permit.
Mr. Jack Jenkins, resident on Route 644, said that he received a
letter from his neighbor stating his intentions to remove shale from his
property. Mr. Jenkins said that he was very concerned about this proposal.
He said that the people in the neighborhood would feel a lot better if they
exactly what was going on or what procedure to follow. He said that they
felt they had a grievance and did not know how to go about expressing it.
Mr. Rick Johnson, also a resident on Route 644, said that he also
received the letter from his neighbor noting his intention to remove shale.
Mr. Johnson said that he was concerned about water, traffic, and the
appearance of the neighborhood.
No action was taken on this matter.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 11:25
p.m.
Respectfully submitted,
� ; o b r a u ck Chas
rank H. Brumb'ck, Chairman
X—
Robert W. Watkins, Secretary
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