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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 1878 -2- 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. 1879 0912 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 i 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. ::1 -4- 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. --------------- - - - - -- 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 -5- 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 ::A