PC_04-04-84_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 April 4, 1984.
PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr., Vice - Chairman;
George L. Roinine; 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
March 21, 1984. Upon motion made by Mr. Myers and seconded by Mr. Romine,
the minutes were unanimously approved as presented.
(Mr. Stiles was not present for this vote.)
BIMONTHLY REPORT
The staff and Commissioners reviewed pending applications.
MASTER DEVELOPMENT PLANS
Final Master Development Plan of Country Park by Thomas C. Glass for 71
Single - Family Cluster Lots and 38 Patio Lots in the Shawnee Magisterial
District.
ACTION - Approved
Mr. Horne stated that this Final Plan shows the proposed bike and
pedestrian path. He added that at the time of the Preliminary Plan, the
Commission made the determination that this path allowed for a 20% increase
in gross density and this is reflected in this Final Plan. Mr. Horne stated
that the intent of the Residential Performance Article of the Zoning
Ordinance is being met with the 20% increase in density, the environmental
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requirements are being met, and the open space areas will be useful and
maintainable by the Homeowners Association.
Mr. Thomas C. Glass, developer, came forward. Mr. Glass stated that
he met with Mr. Robert Fletcher, adjoining property owner, regarding the
private prescriptive right -of -way and they agreed to split the cost of a gate
for that right -of -way.
Mr. Glass then pointed out the routes for the bike and pedestrian
paths on the site plan.
Mr. Kirk moved for approval of the Final Master Development Plan as
drawn. This motion was seconded by Mr. Romine and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Final Master Development Plan #001 -84 of Country Park by Thomas C.
Glass for the development and construction of 71 single - family cluster units
at approximately 8,000 square feet per lot and 38 patio units, 29 at less
than 5,000 square feet per lot and 9 at greater than 5,000 square feet per
lot, at the northwest corner of the intersection of Senseny Road and
Greenwood Road in the Shawnee Magisterial District.
REVIEW OF GORE COMMUNITY CENTER MEETING
Mr. Golladay stated that the Gore meeting went very well and there was
an excellent crowd. Mr. Golladay stated that some of the items discussed
were five acre lots and public services such as roads, trash collection, and
recreation.
Mrs. Copenhaver felt the staff and Mr. Golladay both did an excellent
job conducting the meeting at Gore. She stated that there has been much
improvement since the first community center meeting both in the manner of
presentation and the information available.
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VAPA AWARD
Mr. Horne stated that in February, the staff submitted the Frederick
County Comprehensive Plan and the Residential Performance District chapters
of the ordinance to the Virginia Chapter of the American Planning Association
for consideration for their awards program. Mr. Horne stated that the
application was made on behalf of the Planning Department, the Commission,
and the Board of Supervisors. He added that the staff has been notified that
both documents will be receiving awards from the A.P.A.
Chairman Brumback congratulated the staff on the excellent work they
have been doing.
PUBLIC HEARINGS
Conditional Use Permit #001 -84 of Richard Raymond Donavan for a Public Garage
and Body Shop in the Opequon Magisterial District.
ACTION - Approved
Mr. Horne gave the background material.
Mr. Richard Raymond Donavan came forward and introduced himself to the
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Commission. Mr. Donavan stated that he plans to do all types of mechanical
work, major overhauls, minor repairs, with some welding and limit l ed body
work. He said that the hours would be 7:00 a.m. to 7:00 p.m. Mr. Donavan
added that he spoke with his neighbors and they have no objection.
Mr. Horne next read the conditions required for public garages from
the Zoning Ordinance.
Mr. Stiles asked Mr. Donavan if he had any problems with any of the
conditions, especially the one about all work taking place inside. Mr.
Donavan replied that he would abide by all the conditions, but sometimes it
is difficult to confine everything inside a building.
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Mr. Myers asked Mr. Donavan if he understood the requirements of the
Highway Department. Mr. Donavan replied that he did understand them and
would comply with them.
There being no one else wishing to speak, Mr. Golladay moved for
approval with the conditions listed by the staff and with the addition of
condition #3 - Hours of operation will be from 7:00 a.m. to 7:00 p.m. This
motion was seconded by Mr. DeHaven and was passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Conditional Use Permit #001 -84 of Richard Raymond Donavan for a
Public Garage and Body Shop on the east side of Route 11 South in the Opequon
Magisterial District with the following conditions:
1. This is a one year permit to be reviewed and renewed annually by the
staff, Planning Commission, and 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. to 7:00 p.m.
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ANNUAL REVIEW OF CONDITIONAL USE PERMITS
The Planning Commission considered the renewal of all conditional use
permits requiring renewal and those conditional use permits advertised for
cancellation. Upon motion by Mr. Stiles, seconded by Mr. McDonald, the
Commission unanimously voted to renew all those conditional use permits
requiring renewal.
Upon motion by Mr. Stiles, seconded by Mr. Golladay, the Commission
unanimously voted to cancel the following conditional use permits:
55A -76 Guy J. Oates, Gainesboro
002 -82 Mr. and Mrs. Roy Beatty, Opequon
014 -82 Kenneth B. Settle, Shawnee
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INFORMAL DISCUSSION WITH MR. AL JACOBIN
Mr. Horne stated that Mr. Al Jacobin would like to discuss a proposal
for B -2 (Business, General) land located in the Windy Hill Subdivision
between Garber Drive and Route 81. He said that Mr. Jacobin would like to
conduct an auto sales operation with some body and major motor repair.
Mr. Horne stated that in the past the staff has interpreted the
ordinance to mean that body and major motor repairs are not permitted in a
B -2 zone.
Mr. Jacobin came forward and described his proposal to the
Commission.
Some Commissioners felt that as long as the repairs were secondary to
the primary use of auto sales, it should be allowed. Others felt that B -2
zones should allow only retail sales and B -3 zones should only be for
services. The Commission decided to discuss this matter further at their
next worksession.
JOINT MEETING OF RURAL ORDINANCE SUBCOMMITTEE AND PLANNING COMMISSION
Mr. Horne announced that there will be a joint meeting ofIthe Planning
I
Commission and Rural Ordinance Subcommittee on Monday, April 9, at 7:00 p.m.
An miruurr MT
There being no further business to discuss, the meeting adjourned.
Respectfully submitted,
Frank Brumback, Chairman
oh T. P. Horne, Secretary
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