PC_02-15-84_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia, on February 15, 1984.
PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr., Vice - Chairman;
George L. Romine; W. French Kirk; A. Lynn Myers; Manuel C. DeHaven;
Kenneth Y. Stiles; Carl M. McDonald; Marjorie H. Copenhaver; John
T. P. Horne, secretary; Stephen M. Gyurisin, advisory
CALL TO ORDER
Chairman Brumback called the meeting to order at 2:00 p.m.
The first order of business was the consideration of the minutes of
February 1, 1984. Mr. Myers noted a typographical error on page three.
There being no further corrections, Mr. Myers moved for approval. This
motion was seconded by Mr. Golladay, and passed unanimously.
(Mr. Romine was not present for this vote.)
BIMONTHLY REPORT
Mr. Horne stated that another rezoning application has been submitted
that does not appear on the report. That rezoning is for Rodney L. Mayhugh
to rezone one lot to B -2 for an auto auction.
Mr. Horne added that an amended site plan for James M. Horton was
administratively approved for the addition of outside greenhouses.
CTTF PT.ATIS
Amended Site Plan #017 -83 of Louis H. Foltz, zoned M -2 (Industrial - General),
for the construction of a 24' X 48' modular office building in the Shawnee
Magisterial District.
ACTION - Approved
Mr. Horne gave the background information. He stated that the
previous site plan was for a maintenance and warehouse building. Mr. Horne
added that there will be no additional employees and no frontage on State
right -of -way.
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Mr. Louis Foltz, owner of the property, came forward and introduced
himself to the Commission. Mr. Foltz stated that this office building will
set between the two existing buildings. He said that he desperately needs
office space and this building will free the existing building of office
space and allow more room for warehouse space.
Mr. DeHaven was concerned that this modular building might be used for
residential purposes since it was constructed similar to a home. Mr. Horne
stated that a restriction could be placed on the building permit prohibiting
residential use.
Upon motion by Mr. Kirk, seconded by Stiles, and passed unanimously,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Site Plan #017 -83 of Louis H. Foltz, zoned M -2 (Industrial- General),
for the construction of a 24' x 48' modular office building in the Shawnee
Magisterial District.
Subdivision Request of Granville M. and Diane L. Kerns to subdivide two
duplex lots on Broad Avenue in the Shawnee Magisterial Districts.
ACTION - Approved
Mr. Horne read the background information. He noted that the
Commission had approved the Kerns' request to mix residential housing types.
He added that this subdivision request would go to the Board of Supervisors
since the Master Development Plan was waived administratively.
Mr. Kerns came forward and introduced himself to the Commission.
Mr. DeHaven felt it was not a good policy to subdivide small lots to
make them even smaller.
Chairman Brumback called for anyone wishing to speak in favor or
opposition to this request, but no one came forward. Upon motion made by Mr.
Kirk, seconded by Mr. Romine,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the subdivision of two duplex lots by Granville M. and Diane L. Kerns
on Broad Avenue in the Shawnee Magisterial District.
The vote on the above action was as follows:
YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Brumback,
Golladay, Kirk, Romine
NO: Mr. DeHaven
Final Master Development Plan of Ronnie Ward /Glen Mont Village for
approximately 135 single - family detached cluster units and 48 multiplex units
on Senseny Road in the Shawnee Magisterial District.
ACTION - Approved
Chairman Brumback relinquished the chair to Vice - Chairman Golladay and
stated that he would not participate in any of the discussion on this Master
Development Plan due to a possible conflict of interest.
Mr. Horne gave the background information. He stated that the only
change between this final plan and the preliminary plan is that the area
which was designated for 24 multiplex units will now contain to 48 units.
Since there are more than 30 multi - family type units in Section 7,
recreational facilities will be required within this section. Mr. Horne said
that there is a note on the plan that states these facilities will meet the
requirements of Article 5 of the Zoning Ordinance and the staff is satisfied
that enough space is available for these facilities at this location.
Mr. Ronnie Ward, representative of BGW, Inc., was present to answer
any questions.
Vice - Chairman Golladay called for public comment, but no one came
forward.
Upon motion made by Mr. Kirk, seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the Final Master Development Plan of Ronnie Ward /Glen Mont Village
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for approximately 135 single - family detached cluster units and 48 multiplex
units on Senseny Road in the Shawnee Magisterial District.
The vote on the above action was as follows:
YES: Messrs. Romine, Kirk, DeHaven, Golladay, Myers, Stiles,
McDonald, and Mrs. Copenhaver
ABSTAIN: Mr. Brumback
Mr. Brumback resumed the chair for the remainder of the meeting.
DISCUSSION ON STEPHENS VILLAGE APARTMENTS
Mr. Horne presented a letter from Lawrence Ambrogi, Commonwealth
Attorney, regarding the Stephens Village Apartments.
Mr. Horne stated that the staff has been in contact with
representatives of this particular development over the last months
concerning their plans to develop an apartment complex on land previously
zoned R -6, but which is now zoned RP (Residential Performance). He stated
that representatives of Stephens Village Apartments have submitted a series
of preliminary sketches and the staff has made comments on those; however,
during the time between the staff's final comments on the sketches and the
present time, the property was rezoned. The representatives feel that this
change of zoning will have a significant impact on their ability to develop
the property as originally planned.
COMMISSION RETIRES INTO EXECUTIVE SESSION
Upon motion made by Mr. Golladay, seconded by Mr. Stiles, and passed
unanimously, the Frederick County Planning Commission does hereby retire to
Executive Session in accordance with Section 2.1- 3.444(a)6 of the Code to
discuss legal matters.
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COMMISSION WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Mr. Golladay, seconded by Mr. McDonald, and passed
unanimously, the Commission withdrew from Executive Session.
Chairman Brumback called for the representative from Stephens Village
Apartments to come forward.
Mr. James Brown came forward and introduced himself to the
Commission.
Chairman Brumback stated that there would be no presentation at this
time and requested that Mr. Brown consult with the staff with regards to the
results of the Executive Session.
Mr. Stiles left at this point of the meeting.
ORDINANCE AMENDMENTS
An ordinance amendment to decrease the minimum building spacing from 25' to
20'.
ACTION - Denied
Mr. Horne stated that this amendment was reviewed by the Urban
Ordinance Subcommittee and'that the Subcommittee has recommended denial. Mr.
Horne stated that the Subcommittee felt that the 25' building separation
requirement in the Residential Performance zoning regulations was not an
industry -wide problem or an ordinance problem. The Subcommittee felt that
the 25' separation requirement was a design problem resulting from a
particular type of housing being placed on a particular type of lot.
There being no public comment, Mr. Myers moved for denial and Mr. Kirk
seconded the motion.
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
deny the ordinance to amend the Frederick County Code, Chapter 21, Zoning,
Article V, Residential Performance District, RP, Section 5 -5, Single - Family
Detached - Zero Lot Line, Paragraph 5- 5 -4.6.
The vote on the above action was unanimous for denial.
An ordinance amendment changing the environmental requirements regarding the
disturbance on steep slopes.
ACTION - Approved
There was no public comment.
Upon motion made by Mr. Myers, seconded by Mr. McDonald, and passed
unanimously,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning,
Article 5, Paragraph 5 -3 -2 as follows:
Floodplains ......................
Lakesand Ponds ..................
Wetlands .........................
Natural Stormwater Retention Areas
Steep Slopes .....................
Woodlands ........................
100%
100%
100%
90%
75% (15% or more slopes)
80%
An ordinance amendment changing the environmental requirements regarding the
open space and recreational requirements for the percentage of open space for
steep slopes.
ACTION - Approved
There being no public comment, motion was made by Mr. Romine, seconded
by Mr. Kirk and passed unanimously,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning,
Article 5, Paragraph 5 -4 -5 as follows:
No more than 50% of the required open space shall be within the following
environmental areas: Lakes and Ponds, Wetlands, or Steep Slopes. The
administrator, upon recommendation by the Planning Commission, may allow a
larger amount of steep slopes to be utilized where the developer can
demonstrate a viable plan to make these areas useful.
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An ordinance to amend the Frederick County Code to include a fee for mixed
use housing requests in the amount of $45.00.
Mr. Golladay moved for approval of this amendment for advertisement.
This motion was seconded by Mr. Romine, and passed unanimously.
An ordinance to amend the Frederick County Code to increase the number of
Master Plan copies to be submitted to the Planning Commission and Board of
Supervisors for review.
Mr. DeHaven moved to approve this amendment for advertising. This
motion was seconded by Mr. McDonald, and passed unanimously.
An ordinance to amend Frederick County Code to include a provision allowing
for structural overhangs and stoops within the required yard areas.
Mr. McDonald moved to approve this amendment for advertising. This
motion was seconded by Mr. Myers, and passed unanimously.
DISCUSSION OF ADJOINER NOTIFICATIO DURING THE PRELIMINARY AND FINAL MASTER
Mr. Horne stated that the Ordinance Subcommittee felt that adjoiner
notification should take place at some point in the Master Development Plan
approval process.
After some discussion, the Commission agreed that adjoiner
notification should be a part of the Master Development Plan process and the
notification should occur at the earliest stage possible.
1984 ANNUAL REVIEW OF COMPREHENSIVE PLAN
Mr. Horne reviewed each section of the 1983 Review of the
Comprehensive Plan with the Commission.
Mr. Myers moved for adoption of the report with an additional
statement under the Future Land Use Section stating that until such time as
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the sewer and water facilities are in place to serve additional areas in the
sewer service area of the regional sewage treatment plant, rezoning
applications for urban development should not be approved. This motion was
seconded by Mr. Golladay, and passed unanimously.
REPORT AND RECOMMENDATIONS OF THE CAPITAL IMPROVEMENTS PLAN SUBCOMMITTEE
Mr. Horne reviewed the project priority list and project
recommendations from the Capital Improvements Plan Subcommittee.
Mr. Romine moved for adoption of the report with the addition of
number 10, under project recommendations, recommending that in 1984 the Board
of Supervisors institute systematic fiscal policies that would directly
address long term funding of needed capital improvements.
This motion was seconded by Mr. Golladay, and passed unanimously.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned.
Respectfully submitted,
rank Brumblack, Chairman
Q01cl - f�
o T. P. Horne, Secretary
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