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PC_01-04-84_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' meeting room on January 4, 1984. PRESENT: Frank Brumback, Chairman; James Golladay, Vice — Chairman; Carl M. McDonald; George L. Romine; A. Lynn Myers; Manuel C. DeHaven; W. French Kirk; Kenneth Y. Stiles; Marjorie H. Copenhaver; John T. P. Horne, advisory; Stephen M. Gyurisin, advisory 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 December 21, 1983. Mr. Golladay moved to approve the minutes as presented. This motion was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT ___ -- Mr. Horne noted that Mr. Ervin D. Nates withdrew his rezoning request as of December 8, 1983. Mrs. Copenhaver arrived at this point of the meeting. ELECTION OF OFFICERS FOR 1 ACTION — Elect Frank Brumback, Chairman Incumbent Chairman, Mr. Frank Brumback, declared nominations open for Chairman. The nomination of Frank Brumback was made by Mr. Golladay and seconded by Mr. 'Kirk. Upon motion by Mr. Myers, seconded by Mr. McDonald, BE IT RESOLVED,,That the Frederick County Planning Commission does hereby close the nominations for Chairman of the Planning Commission of said County. 1839 - 2 - BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby duly elect Frank Brumback as Chairman of the Planning Commission of said County. ACTION - Elect James Golladay, Vice - Chairman Chairman Brumback declared nominations open for Vice - Chairman. The nomination of James Golladay was made by Mr. Kirk and seconded by Mr. DeHaven. Upon motion by Mr. Romine, seconded by Mr. Myers, BE IT RESOLVED, That the Frederick County Planning Commission does hereby close the nominations for Vice - Chairman of the Planning Commission of said County. BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby duly elect James Golladay as Vice - Chairman of the Planning Commission of said County. ACTION - Elect John T. P. Horne, Secretary Chairman Brumback declared nominations open for Secretary. The nomination of John T. P. Horne was made by Mr. Golladay and seconded by Mr. Kirk. Upon motion by Mr. McDonald, seconded by Mr. Kirk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby close the nominations for Secretary of the Planning Commission of said County. BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby duly elect John T. P. Horne as Secretary of the Planning Commission of said County. ACTION - Schedule of Planning Commission meetings for 1984 Upon motion made by Mr. Golladay, seconded by Mr. Kirk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby declare that the Planning Commission's regularly scheduled meetings will be held at 7:00 p.m. on the first Wednesday of each month and 2:00 p.m, on the third Wednesday of each month in the Board of Supervisors' meeting room, 9 Court Square, Winchester, Virginia. BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby declare that public hearings shall be held on the first Planning Commission meeting of each month, beginning at 7:30 p.m. in the Board of Supervisors' meeting room, 9 Court Square, Winchester, Virginia. 1840 - 3 - BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby declare that the Planning Commission's worksessions shall be held on the fourth Tuesday of each month from 7:00 p.m. to 9:00 p.m. in the Board of Supervisors' meeting room, 9 Court Square, Winchester, Virginia. Site Plan #018 -83 of James Wilson, zoned M -1 (Light Industrial), for a 60' x 250' warehouse in the Stonewall Magisterial District. ACTION - Approved Mr. James Wilson, applicant, came forward. Chairman Brumback inquired as to Mr. Wilson's purpose in seeking a variance on this property. Mr. Wilson replied that he wanted to place the building closer to the front of the property and he wished to avoid some easements to the rear of the property. Mr. DeHaven asked why no water was available at the site. Mr. Horne noted that this was a remaining parcel left over when other lots were subdivided. Since that time, the subdivision ordinance has changed and does not allow the subdivision of lots without access to both water and sewer. Mr. Wilson stated that he will be using fire walls in his warehouse for fire protection. He also added that he will be drilling a well. Mr. DeHaven moved for approval of this site plan. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #018 -83 of James Wilson for a 60' X 250' warehouse on the east side of Lenoir Drive in the Stonewall Magisterial District. REQUEST BY LENNIE MATHER, CITIZEN OF SHAWNEE DISTRICT Mrs. Lennie Mather came forward and introduced herself to the Commission. Mrs. Mather requested that the Planning Commission hold their 1841 - 4 - public hearings two to three weeks before the Board of Supervisors meeting in order for her or other residents of the county to gather information concerning an upcoming public hearing. Chairman Brumback stated the Board of Supervisors moved their public hearing date ahead one week to shorten the amount of time required for applicants in the permitting process. Chairman Brumback stated that a meeting switch would have to be done by the Board of Supervisors since the Planning Commission is the first meeting in the public hearing process that an applicant must attend. Mr. Stiles arrived at this point of the meeting. Preliminary Master Development Plan for Ronnie Ward /Glen Mont Village in the Shawnee Magisterial District. ACTION - Approved Chairman Brumback stated that because of a possible conflict of interest, he would not participate in any discussion of this Master Development Plan and would relinquish the chair to Vice - Chairman Golladay. Mr. Horne gave the background information. He stated that the typical housing lot is 60' x 150' and approximately 40% of each lot will be disturbed. The total woodland on the site is 48.9 acres and approximately 19% of this woodland will be disturbed. He added that the total area of the site is 71.02 acres and the designated open space is 27.32 acres, which is 38.5% of the site. Mr. Ronnie Ward came forward and introduced himself and Mr. Bruce Edens, Design Engineer and Surveyor. Mr. Stiles asked if the applicants found it feasible to have 1842 - 5 - Edgewood Drive enter on Senseny Road rather than a secondary road and Mr. Ward stated that they would be meeting with the Highway Department to discuss the roads. Vice — Chairman Golladay called for anyone in the audience wishing to speak. Mr. William D. Bromley, adjoining property owner, came forward. Mr. Bromley stated that everytime it rains, the sewer located on Valley Mill Road and Greenwood Road overflows. Mr. Bromley was concerned that this situation would worsen when development of the proposed site would occur. Mr. Kirk, liaison to the Sanitation Commission, stated that he would bring this situation to the attention of the Sanitation Commission at their next meeting. Upon motion by Mr. Romine, seconded by Mr. Kirk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the Preliminary Master Development Plan of Ronnie Ward /Glen Mont Village for approximately 135 Single— Family Detached Cluster Units and 24 Multiplex Units in the Shawnee Magisterial District. The above resolution passed by the following vote: YES: Mrs. Copenhaver, and Messrs. McDonald, Myers, Stiles, Golladay, DeHaven, Kirk, Romine ABSTAIN: Mr. Brumback --------------- - - - - -- Chairman Brumback presided over the remainder of the meeting at this point. Request to mix residential housing types in a subdivision on record by Granville M. and Diane L. Kerns. ACTION — Approval Mr. Horne stated that the applicant is requesting approval to build one 1843 — 6 — duplex unit in an existing single — family detached subdivision in the Shawnee Magisterial District. Mr. Granville M. Kerns, applicant, came forward. Mr. McDonald said that according to the ordinance, Mr. Kerns has the right to mix housing types if there are no objections from adjoining property owners. Mr. Horne stated three items must be met in order to be qualified to build in a subdivision on record. Those items are that the subdivision must be 50% subdivided, 50% constructed, and 50% of the houses or lots sold. Mr. Horne noted that all three of these requirements have been met, therefore, Mr. Kerns may mix housing types upon approval by the Planning Commission and the Board of Supervisors at a public hearing. Mr. DeHaven asked if there was any convenants or restrictions on the deed for this lot and Mr. Kerns replied that there were none. Mr. Dehaven felt a precedent would be set if the Commission allowed the applicant to add a second unit to an existing dwelling to make a duplex. Mr. Stiles shared this concern, but felt this type of request would be rare because it could not be done on lots that do not front on state maintained roads. Chairman Brumback called for anyone wishing to speak in favor or opposition to this request and no one came forward. Motion was then made by Mr. Kirk, seconded by Mr. Romine, and passed unanimously to approve this request. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the request by Granville M. and Diane L. Kerns to mix residential housing types in a subdivision on record and approves the applicants' request to build one duplex unit in an existing single — family detached subdivision on Broad Avenue in the Shawnee Magisterial District. 1844 - 7 - Rezoning Request # 020 -83 of Thomas C. Glass to rezone 15.06 acres from B -1 (Business, Limited) to RP (Residential Performance) and 2.4 acres from B -1 (Business, Limited) to B -2 (Business, General) in the Shawnee Magisterial District. ACTION - Approval to rezone 15.06 acres Denial to rezone 2.4 acres Mr. Horne gave the background material. Mr. Thomas C. Glass, applicant, came forward. Mr. Glass said that he wanted to develop a residential community under the new ordinance. He felt the corner lot should remain as a business area in keeping with the existing establishments presently located there. However, Mr. Glass wanted the corner lot to be changed to B -2 to increase the variety of businesses that could be allowed there. Chairman Brumback called for anyone wishing to speak on this rezoning. Mrs. Lennie Mather, resident of the neighborhood, came forward to speak in opposition to the rezoning. She felt the B -2 zoning would allow too many business possibilities that would not be compatible with this area. Mr. William D. Bromley, adjoining property owner, came forward. Mr. Bromley was concerned about the sewer situation in the area. He said that everytime it rains the sewer overflows and he was concerned that the situation would worsen with development of the area. Mr. Kirk, liaison to the Sanitation Commission, stated that he would bring this situation to the attention of the Sanitation Commission at the next meeting. Mr. Kirk then moved to rezone the 15.06 acres of Mr. Glass' application from B -1 (Business, Limited) to RP (Residential Performance). This motion was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby 1845 hereby approve the rezoning of 15.06 acres from B -1 (Business, Limited) to RP (Residential Performance) of Mr. Glass' rezoning application #020 -83, located on the northwest corner of Greenwood Road and Senseny Road in the Shawnee Magisterial District. Mr. Kirk then moved to deny the rezoning of 2.4 acres of Mr. Glass' application from B -1 (Business, Limited) to B -2 (Business, General). This motion was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny the rezoning of 2.4 acres from B -1 (Business, Limited) to B -2 (Business, General) of Mr. Glass' application #020 -83, located on the northwest corner of Greenwood Road and Senseny Road in the Shawnee Magisterial District. Conditional Use Permit #012 -83 of James Lofton for a Cottage Occupation /C. B. Repair and Installation in the Opequon Magisterial District. ACTION - Approved Mr. Horne gave the background information. Mr. James Lofton came forward and introduced himself to the Commission. Mr. Lofton said that he will not have set hours of operation. Mr. Golladay noted that Mr. Lofton would be allowed a cottage occupation sign. There was no one present in the audience wishing to speak in opposition. Upon motion by Mr. Golladay, second by Mr. Stiles, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #012 -83 of James Lofton for a Cottage Occupation /C.B. Repair and Installation in the Opequon Magisterial District with the following conditions: 1. This will be 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 will expire and a new conditional use permit will be required. 1846 - 9 - Conditional Use Permit #013 -83 of James L. Norman for a Cottage Occupation /Gun Shop and Accessory Firing Range in the Back Creek Magisterial District. ACTION - Approved Mr. Horne read the background material. Mr. James L. Norman came forward and stated that he had a full -time job and this gun shop will only be operated in the evenings and on weekends. Chairman Brumback stated that he was very concerned about the firing range and asked Mr. Norman to describe what he had in mind for this. Mr. Norman said that 100 yards would be the maximum distance of firing and there would be a 15' mound of earth built with ten targets to fire into. Mr. Norman stated that his closest neighbor is across the road about 50 yards. In answer to Chairman Brumback's question, Mr. Norman stated that for zeroing purposes he would fire . about four rounds on the average. Mr. Norman added that for the present, he would only be firing on Saturdays. Mr. Stiles moved that the following conditions be added to the staff's suggested conditions: 5. No Sunday or after -dark operations permitted. 6. No one is permitted to fire guns on the premises except for Mr. James L. Norman. 7. Firing range must meet recommendations of the Frederick County Sheriff's Department. This motion was seconded by Mr. DeHaven and passed unanimously. Upon motion by Mr. Stiles, seconded by Mr. McDonald, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #013 -83 of James L. Norman for a Cottage Occupation /Gun Shop and Accessory Firing Range in the Back Creek Magisterial District with the following conditions: 1847 - 10 — 1. This will be 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. On -site parking is required. , 4. The firing range is to be an accessory use of the gun shop and is to be used only for guns under repair or for sale. 5. No Sunday or after -dark operations permitted. 6. No one is permitted to fire guns on the premises except for Mr. James L. Norman. 7. Firing range must meet recommendations of the Frederick County Sheriff's Department. An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article I, Section 21 -7 to increase the penalty for violations from up to $250 to up to $1,000. ACTION - Approval Mr. Horne presented a letter from Mr. Lawrence R. Ambrogi, Commonwealth Attorney, recommending this change. Upon motion by Mr. Golladay, seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does, hereby approve an ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article I, Section 21 -7, as follows: Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisons of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to one thousand dollars. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed by such person, firm, or corporation., and shall be punishable as herein provided. The vote for approval of this amendment was as follows: YES: Mrs. Copenhaver and Messrs. McDonald, Myers, Brumback, Golladay, DeHaven, Kirk, Romine NO: Mr. Stiles om - 11 - An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article 20, Section 21 -161 (b) to increase the fee for administrative appeals to the Board of Zoning Appeals from $25 to $45. ACTION - Approved Mr. Horne presented the Board of Zoning Appeals minutes of November 14, 1983, officially recommending this change. Upon motion unanimously, BE IT RESOLVED, That approve the ordinanc to amend Article 20, Appeals requiring an nonrefundable fee of by Mr. Romine, seconded by Mr. McDonald, and passed the Frederick County Planning Commission does hereby to amend the Frederick County Code, Chapter 21, Zoning, Section 21 -161 (b), as follows: advertised public hearing shall be accompanied by a forty -five dollars. Mr. Stiles retired from the meeting at this point. --------------- - - - - -- ZONING ORDINANCE AMENDMENT REQUEST BY MR. THOMAS GLASS Mr. Horne stated that the staff has researched Mr. Glass' request to decrease the building separation requirement for zero lot line housing to 20' from 25' and his request to use a standard ranch home on a zero lot line lot. Mr. Horne felt that although this type of housing was not particularly suitable for this type of lot, the staff could not identify any overriding reason why this type of unit should be prohibited. The Commission instructed the staff to draft an ordinance amendment concerning this request for presentation at the next meeting. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, 1849