PC_03-07-84_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 March 7, 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 7:00 p.m.
The first order of business was the consideration of the minutes of
February 15, 1984. Mr. Golladay noted a typographical error on page three.
Mr. Golladay asked that the minutes be expanded on regarding denial of the
building spacing ordinance amendment on page five. Mr. Golladay also
requested that the tapes be checked regarding his motion on the adoption of
the 1984 Annual Review of the Comprehensive Plan. Mr. Golladay moved for
approval of the minutes with the corrections and amendments discussed.
This motion was seconded by Mr. McDonald, and passed unanimously.
(Mr. Stiles was not present for this vote.)
MONTHLY AND BIMONTHLY REPORT
The staff reviewed pending applications with the Commission.
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Site Plan 4004 -84 of Earl M. Nicholson for an Auto Auction in the Stonewall
Magisterial District.
ACTION — Approved
Mr. Horne gave the background material.
Mr. Horne brought the Commission's attention to a letter submitted by
Elizabeth Renner, Secretary of the Rest Church Cemetery Committee, adjoiner
of the property to be developed. The Cemetery Committee requested that Mr.
Nicholson move his entrance roadway 100 feet or more to the north.
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Mr. Horne stated that Mr. Nicholson proposes one entrance /exit with
parking for the public and one private exit for auction vehicles only.
Mr. Stiles asked if the road could be cut further from the cemetery
and Mr. Horne replied. that it could be done, but would require more cut and
fill.
Mrs. Brakke Campfield, attorney with Hall, Monahan, Mahan, and
Mitchell, came forward and stated that she represented Mr. Earl Nicholson.
She said that the entranceway will be concealed by shrubbery. She added that
there will not be any auctions held at a time that would interfere with
church services.
Mr. Nicholson stated that he could move the one -way driveway, exiting
on Route 669, up the hill closer to I -81.
Mr. DeHaven asked if Mr. Nicholson planned on using the building for
any other purpose. Mr. Nicholson replied that he would not. He said that
the auctions will be held once a week on Monday nights.
Mrs. Elizabeth Renner, Secretary of the Rest Church Cemetery
Committee, came forward. Mrs. Renner asked that the roadway be moved 100' to
the north. Mrs. Renner was also concerned about the dirt road in the rear
because Rest Church occasionally has meetings on Monday nights and they have
no air conditioning. Mrs. Renner also mentioned that the entranceway on
Route 11 could be a traffic hazard because this section of the highway is
where the passing lanes change.
Mr. Marvin Renner, caretaker of the cemetery, came forward. Mr.
Renner was concerned about the water situation because the lower corner of
the cemetery has a water problem now.
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After much discussion, it was generally agreed that the one -way gravel
road should be moved closer to I -81 and that some type of screening should be
placed along the property line.
Mr. Stiles moved to approve this site plan with the following
amendments:
1. The one -way gravel road exiting on Route 669 be moved as close as
possible to the I -81 right -of -way.
2. The two -way entrance from Route 11 be placed 100' from the Rest Church
property line.
3. A 60" chain -link fence be placed along the north Rest Church property
line.
4. Evergreen screening be placed along the west Rest Church property line.
This motion was seconded by Mr. Romine and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Site Plan 4004 -84 of Earl M. Nicholson for an auto auction on Route
11, immediately north of Rest Church in the Stonewall Magisterial District
with the amendments recommended by the Planning Commission and listed above.
Site Plan #005 -84 of Fellowship Bible Church for a church and required
parking in the Back Creek Magisterial District.
ACTION - Approved
Mr. Horne gave the background information.
Mr. Charles Heath of Heath - Craft, Inc, came forward and stated that he
was the contractor.
Chairman Brumback asked for the size of the property and Mr. Horne
replied that it was 28.349 acres. Chairman Brumback asked Mr. Heath if there
were any other plans for this area besides what was shown on the site plan.
Mr. Heath said that the church planned on selling two parcels of land,
a five acre tract and a ten acre tract, and the church will remain on the
remaining 13 acres.
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Mr. Stiles asked if paved parking was required and Mr. Horne replied
that it was required.
Upon motion made by Mrs. Copenhaver, seconded by Mr. Stiles, and
passed unanimously,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #005 -84 of Fellowship Bible Church for a church
and required parking at the intersection of Route 628 and Route 652 in the
Back Creek Magisterial District.
Site Plan #006 -84 of Leonard Ellis for the Estate of Brady T., Sr. and
Shirley C. Ellis for 110 mini - warehouse units in the Stonewall Magisterial
District.
ACTION - Approved
Mr. Horne gave the background material.
Mr. Horne stated that this site is in the Stephenson Industrial Park.
He added that all entrances, except for the one near the existing one -story
block building, will be closed. There will be no employees and no paved
parking.
Mr. Lee Ebert, a local surveyor who prepared the site plan, was the
representative for this application.
Upon motion made by Mr. DeHaven, seconded by Mr. Stiles, and passed
unanimously,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Site Plan #006 -84 of Leonard Ellis for the Estate of Brady T., Sr.
and Shirley C. Ellis for the construction of 110 mini- warehouse units at the
intersection of Route 761 and Route 664 in the Stonewall Magisterial
District.
PUBLIC HEARINGS
Rezoning Request #001 -84 of Don Fowler to rezone 5.409 acres from B -2
(Business, General) to B -3 (Industrial, Transition) in the Back Creek
Magisterial District.
Mr. Horne gave the background information.
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Mr. Don Fowler, applicant, came forward and introduced himself to the
Commission. Mr. Fowler stated that he is attempting to enlarge his space.
In reply to Mr. Golladay's question, Mr. Fowler stated that his land extends
to about 100' south of the southern driveway on that strip where he is
located.
Chairman Brumback asked for public comment, but no one came forward.
Upon motion made by Mrs. Copenhaver, seconded by Mr. McDonald, and
passed unanimously,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve rezoning request #001 -84 of Don Fowler to rezone 5.409 acres from B -2
(Business, General) to B -3 (Industrial, Transition) for a Modular and Mobile
Home Sales and Parts and for the construction of a 40' x 50' building for
parts and repairs in the Back Creek Magisterial District.
Rezoning Request #002 -84 of Rodney L. Mayhugh to rezone 11.354 acres from M -1
(Industrial, Limited) to B -2 (Business, General) for an auto auction in the
Shawnee Magisterial District.
ACTION - Withdrawn
Mr. Horne gave the background material. He noted that as of
yesterday, Mr. Mayhugh has proposed to allow only dealers on this site with
no general public access." Mr. Horne stated that Mr. Mayhugh has asked that
given this fact, whether he would be more appropriately called a "wholesale"
business which would be in a B -3 zone as opposed to a B -2 zone.
The Commission felt it was unwise to rezone parcels in a planned
industrial park to another category other than industrial.
Mr. Horne stated that the Commission should first determine if Mr.
Mayhugh's use should be categorized as B -2 or B -3 because the application was
advertised for B -2 (Business, General).
Mr. Rodney L. Mayhugh, applicant, came forward and introduced himself
to the Commission. Mr. Mayhugh stated that this will be a wholesale dealers
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auction only. The only way any person can buy or sell is to be a registered
dealer. He added that the auction will be held every Friday from 11:00 a.m.
to 3:00 p.m.
Mr. Curtis Hansen, owner of the property, came forward and introduced
himself. Mr. Hansen stated that he is a car dealer in the state of Virginia.
He said that according to the Department of Motor Vehicles and the
inspection laws, retail means sold to the public and wholesale means sold to
dealers. Mr. Hansen felt that this operation should be viewed as a
distribution warehouse for car dealers.
After some further discussion, some Commissioners felt this use was
more appropriately described as a B -3 use.
Mr. Stiles moved that the Planning Commission's position be that the
use of auto auction for sales to licensed dealers only is a wholesale or B -3
use under the definition of the Frederick County Ordinance. This motion was
was seconded by Mr. Kirk, but was defeated due to the following vote:
YES: Messrs. Stiles, McDonald, Kirk
NO: Mrs. Copenhaver, and Messrs. Romine, Golladay, Myers, Brumback
ABSTAIN: Mr. DeHaven
Mr. Mayhugh requested that his application be withdrawn.
Mr. Stiles moved to accept the withdrawal of this application. This
motion was seconded by Mr. McDonald and passed unanimously.
Request to amend Conditional Use Permit 96009 -82 of James M. Horton for a
Commercial Outdoor Recreational Facility /Miniature Golf Course in the Back
Creek Magisterial District.
ACTION — Approved
Mr. Horne gave the background information.
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Mr. James Horton, applicant, came forward. In answer to Chairman
Brumback's question, Mr. Horton replied that the golf course would be about
100' x 100'. He added that this is a portable golf course and in the winter
it will be completely removed and reinstalled each spring.
Chairman Brumback asked if there was sufficient parking and Mr. Horne
replied that there was.
There being no public comment, Mrs. Copenhaver moved for approval.
This motion was seconded by Mr. McDonald and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the amendment to Conditional Use Permit #009 -82 of James M. Horton
for a Commercial Outdoor Recreational Facility /Miniature Golf Course on Route
11 South in the Back Creek Magisterial District.
ORDINANCE AMENDMENTS
An ordinance amendment setting a fee for requests to mix housing types.
ACTION - Approved
Upon motion 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 Code, Chapter 21, Zoning,
Article 5, Residential Performance District, RP, Section 5 - 9, Subdivisions on
Record, Paragraph 5 -9 -1, as follows:
All requests for mix of housing types allowed under this section shall be
accompanied by a fee of forty -five dollars ($45.00) and an application
submitted to the Department of Planning and Development.
An ordinance amendment to provide sufficient copies to the Commission and
Board in the Master Development Plan process.
ACTION - Approved
Upon motion by Mr. Stiles, seconded by Mr. Golladay, and passed
unanimously,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning,
Article 6, Master Development Plan, Section 6 -7, Master Development Plan
Procedures, Paragraph 6 -7 -1 and 6 -7 -2, as follows:
All applicants shall submit twelve (12) copies of a Preliminary MDP and
application to the Department of Planning and Development and request a
review conference. The purpose of the review conference is to review and
discuss the nature of the proposal in relationship to this article. Upon
receipt, the Director of Planning and Development shall notify necessary
departments and agencies to solicit comments and shall forward such comments
to the'Planning Commission along with a description of the Preliminary MDP
for Planning Commission approval or disapproval. Upon approval of a
Preliminary MDP, the applicant may submit a Final MDP.
All applicants shall submit twenty (20) copies of a Final MDP and application
to the Department of Planning and Development after Planning Commission
approval of the Preliminary MDP. Upon receipt, the Director of Planning and
Development shall notify and solicit comments from appropriate agencies and
shall forward such comments and a description to the Planning Commission for
recommendation to the Board of Supervisors for approval or disapproval.
An ordinance amendment to the general provisions in the zoning ordinance to
allow certain minor extensions into required yard areas.
ACTION - Approved
Upon motion by Mr. Stiles, 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 1, In General, with the addition of the following:
SECTION 1 -10 Extension into Yard Areas
The following features, and no others, may extend into required minimum yard
areas, but only as qualified below. In those developments where yard
requirements are determined by a specified distance between buildings, this
regulation shall likewise apply, and a perpendicular line drawn between the
two buildings shall be employed as the lot line.
1. Cornices, canopies, awnings, eaves or other such similar architectural
features, all of which are at least nine (9) feet above grade, may extend
three (3) feet into any required yard but not nearer to any lot line than
a distance of two (2) feet except for zero lot line housing types or zero
lot line housing options. These features may not extend beyond the
property of the zero lot line side of the lot.
2. Sills, headers, belt courses, and similar ornamental features may extend
twelve (12) inches into any required yard.
3. Stoops, covered or uncovered for the purpose of serving as access to a
doorway, may extend four (4) feet into any required yard, but not nearer
to any lot line than a distance of five (5) feet.
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An ordinance amendment providing for truck terminals as a permitted use in
M -1 and M -2 districts.
ACTION - Approved
Upon motion made by Mr. Romine and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning,
Article XV, Industrial General District, M -2, Section 21 -127 (c), Permitted
Uses, by the deletion of the use of Truck Terminals.
The above motion was passed by majority vote, as follows:
YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Myers, Kirk, and
Romine
NO: Messrs. Golladay, DeHaven
An ordinance amendment to the Subdivision Ordinance dealing with the design
of storm water drainage facilities in residential developments.
ACTION - Approved
Mr. Horne stated that the Ordinance Subcommittee discussed the current
requirements for underground drainage and directed the staff to propose an
alternate system to handle storm water drainage. These requirements are
designed to insure that drainage ditches outside of the road right -of -way
will be maintainable by property owners.
Upon motion by Mr. Romine, seconded by Mr. Golladay, and passed
unanimously,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the ordinance to amend the Frederick County Code, Chapter 18,
Subdivision, Article III, Design Standards, Section 3 -2 -3, Paragraph 3- 2 -3.3,
as follows:
All storm water drainage facilities serving residential lots which are not
within a dedicated Virginia Department of Highways and Transportation right -
of -way shall conform to the following design standards:
Maximum Side Slope - 2:1
Maximum Depth - 2 feet
Minimum Grade - 1%
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All other drainage facilities shall be a storm sewer system as defined in
Chapter 8, Subdivision, of the Virginia Department of Highways and
Transportation (VDH&T) Drainage Manual and be installed in accordance with
those standards. The subdivider shall include profiles and other documents
to the Administrator on the required road profiles to demonstrate compliance
with the standards of this Article.
This ordinance sets design standards for drainage facilities in residential
subdivisions.
An ordinance amendment providing for truck terminals as a permitted use in
the M -1 and M -2 districts.
ACTION - Approved
Upon motion made by Mr. McDonald, seconded by Mr. Kirk,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the ordinance to amend Chapter 21, Zoning, Article XIV, Light
Industrial District, M -1, Section 21 -120, Permitted Uses; and Article XIII,
by the addition of the following:
21 -120 (k): The following types of uses when located at least three (300)
hundred feet from a principal residential structure located in a
Residential District or areas within other Districts which are
predominantly Residential in nature; and provided that all
activities or structures of the permitted use.are at least 100'
from the adjoining property line of the Residential District or
the adjoining property line of areas within other Districts
which are predominantly Residential in nature. The Planning
Commission and Board of Supervisors may require additional
screening and /or buffering along any property line in order to
protect adjacent properties from adverse impacts of these uses.
- Truck terminals and accessory truck terminal structures
and activities.
The majority vote on the above motion was:
YES: Messrs. Romine, Kirk, Brumback, Myers, Stiles, McDonald, and
Mrs. Copenhaver
NO: Messrs. Golladay, DeHaven
PLAN OF WORK
Mr. Horne presented the 1984 Plan of Work for the Department of
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Planning and Development. He stated that the Board of Supervisors have
requested this plan for their meeting on March 14.
After reviewing the report with the staff, motion was made by Mr.
Romine, seconded by Mr. Myers, and was unanimously approved by the
Commission.
FIELD REVIEW; COUNTRY PARK MASTER DEVELOPMENT PLAN
The Commission scheduled Tuesday, March 13, 1984, at 1:00 p.m. for
field review of the Preliminary Master Development Plan for Country Park,
located at the intersection of Senseny Road and Greenwood Road.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned.
Respectfully submitted,
Trank Brumback, Chairman
T. P. Horne, Secretary
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