Loading...
PC_06-06-84_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 June 6, 1984. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; George L. Romine; A. Lynn Myers; Manuel C. DeHaven; Kenneth Y. Stiles; Marjorie H. Copenhaver; W. French Kirk; 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 May 16, 1984. Upon motion made by Mr. Romine and seconded by Mr. Golladay, the minutes were unanimously approved as presented. BIMONTHLY REPORT The Commission and staff reviewed pending applications. SUBDIVISION REQUESTS Final Plat of Country Park, Section 1, to subdivide 22 Single - Family Detached Cluster and 12 Patio /Zero Lot Line lots in the Shawnee Magisterial District. Action - Approved Mr. Horne gave the background information. He then reviewed with the Commission some minor changes that would be made on the plat. Mr. Thomas C. Glass, developer of Country Park, came forward. Mr. DeHaven asked if the Bicycle Path /Walkway would be completed for the whole development now, or if it would be completed in sections, as each section of development is completed. Mr. Horne replied that it would be completed in sections. There being no further questions, Mr. Kirk moved for approval. This 1902 - 2 - S motion was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the Final Plat of Country Park, Section 1, zoned RP (Residential Performance), and located at the intersection of Greenwood and Senseny Roads in the Shawnee Magisterial District. SITE PLANS Site Plan #010 -84 of Econo - Travel Motor Lodge for a 48 -unit motel and required parking in the Stonewall Magisterial District. Action - Approved Mr. Horne read the background material. He entrance with Howard Johnson's is proposed for Route foot wide entrance is proposed for Welltown Pike. T large truck and bus parking spaces. There will also and a Swale is recommended to direct the drainage to property and to a Highway Department ditch. said that a common 11. In addition, a 50 sere will be a number of be some sheet drainage the front of the Mr. Dave McClure, architect for Howard Shockey & Sons, Inc., was the representative for this site plan. Mr. Stiles recommended that Exxon Corporation, the adjoining property owner, be notified to see if they have any objections to the drainage ditch on their property being used to handle the runoff. Mr. Stiles also recommended that the Highway Department be contacted with regard to striping from the 81 exit ramp to the proposed motel entrance. He felt it was difficult for motorists to determine that a right hand turn -off lane existed for the motel. Col. Myers and other members of the Commission felt that the I -81 /Route 11 intersection was the third worst traffic area in Frederick County. He felt this hazardous traffic area should be monitored and studied carefully. 1903 - 3 - Mr. DeHaven moved for approval of Site Plan #010 -84 of Econo - Travel Motor Lodge. This motion was seconded by Mr. Stiles and was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #010 -84 of Econo - Travel Motor Lodge for a 48 -unit motel and required parking at the northeast intersection of Route 11 North and Route 661 in the Stonewall Magisterial District. Site Plan #011 -84 of Lantz Construction Company for a warehouse in the Back Creek Magisterial District. Action - Approved Mr. Horne gave the background information. Mr. Allen Ervin, with Lantz Construction Company, came forward and introduced himself to the Commission. Because no hydrant system or sprinkler system was indicated on the proposal, Chairman Brumback inquired on the fire hazard situation. Mr. Ervin stated that this will be an industrial storage building and the items stored have a low fire rating. The building itself is made of steel and there will be no employees. Mr. Golladay asked if the little red storage building on1the property would stay and Mr. Ervin replied that it would be removed. Mr. Stiles inquired as to what would be stored in the warehouse. Mr. Ervin stated that short —term manufacturing products, such as steel or abrasives, would be stored. Mrs. Copenhaver moved to approve Site Plan #011 -84 of Lantz Construction Company. This motion was seconded by Mr. McDonald and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #011 -84 of Lantz Construction Company for a warehouse located on the east side of Route 11 South in Kernstown, in the Back Creek I WIT I - 4 - Magisterial District. Site Plan #012 -84 of Arcadia Mobile Home Park for 56 additional mobile home spaces, roadways, and utilities in the Stonewall Magisterial District. Action — Approved Mr. Horne gave the background information. He also noted that the water and sewer will not be provided by the City of Winchester or the Sanitation Department. He said this will be installed as a private system by Mr. Lockhart and will be inspected and approved by the Division of Water Programs. He added that water leaving the park will be treated by the County. Mr. William Lockhart, applicant, came forward. Mr. Lockhart felt that a lot of land was being wasted, so he proposed to make the additional 18 lots two —foot wider. Mr. Horne noted that this would reduce the buffer area to 35', the minimum required by the County. Upon motion made by Mr. Stiles, seconded by Mr. DeHaven, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #012 -84 of Arcadia Mobile Home Park for 56 additional mobile home spaces, roadways and utilities located at the northern end of Baker Lane in the Stonewall District. PUBLIC HEARINGS Conditional Use Permit #003 -84 of James F. Tinsman for a Cottage Occupation/ Flower and Produce Sales in the Back Creek Magisterial District. Action — Denied Mr. Horne read the background material. He added that the Tinsmans would be living on an adjacent tract to the west of the parcel in question. He said that if the Commission felt that this would not meet the intent of 1905 - 5 - Cottage Occupation, the Tinsmans would remove the property line dividing the two properties so they would be residing on the exact same parcel as the flower and produce sales. Mrs. Tina Tinsman, applicant, came forward and introduced herself to I the Commission. Mrs. Tinsman said that the property surrounding; the Fort Colvin building will be used. She stated that she would like to sell produce, which would be displayed on a few tables in front of the building, and flowers, which would be placed in the flower beds. Mrs. Tinsman said that the revenue will help maintain the building and property, which is a historical landmark. Mr. DeHaven asked what percentage of the produce would be grown by the applicant. Mrs. Tinsman replied that her father -in -law, husband, and herself have a four -acre garden in Whitehall and about 75% of the produce would come from there. Mr. DeHaven inquired if items such as chewing gum, candy bars, etc. would be sold. Mrs. Tinsman stated that those items would not be sold. She replied that items for sale will strictly be limited to vegetables, such as corn, watermelon, etc. and some flowers. Mr. Stiles asked if fertilizers or mulches would be sold and Mrs. Tinsman said that those items would not be sold. Mr. DeHaven inquired if the property had any restrictive covenants and Mrs. Tinsman said that the property had none. I Chairman Brumback called for anyone wishing to speak in opposition and the following persons come forward: Mr. Harry Adams, Vice President of Stonebrook Citizens Association, 1906 - 6 - came forward. Mr. Adams asked those residents of Stonebrook and Dav Mar who were in opposition to the conditional use permit to stand. A number of persons in the audience stood. Mr. Adams stated that he had signatures of 167 people representing 102 of the 130 households in the neighborhood. He said these people do not want a business at this location because.. it will depreciate property values and would cause traffic congestion. He also felt this would cause a precedent to be set for this type of activity in the development. Mr. Stiles moved that the petition be made a part of the record. This motion was seconded by Mr. Golladay and passed unanimously 1907 - 7 - 81011ebrooh citizens ` assoriation, `liar. P. 0. Box 3146 WINCHESTER, VIRGINIA 22601 May 29, 1984 The Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Gentlemen: Concerns have arisen among the residents of the Stonebrook Farms subdivision over the proposed permit for a cottage industry in the old stone house at the entrance to the neighborhood. A tele— phone survey of the neighborhood residents made by the officers of the Stonebrook Citizens' Association found that the overwhelming majority oppose the housing of a business venture of any sort at this locality. The reasons for this opposition are twofold:, First, the introduc— tion of a venture that has a commercial appearance will depreciate property values in the neighborhood; second, an increase in traf— fic at the main entrance to the neighborhood would create conges— tion and a traffic hazard. Therefore, we request that the Planning Commission act in such a way as to alleviate these concerns. Specific requests and signatures of concurring residents are attached. These are for the event a permit is granted. Respectfully submittedi . ac.� Harry A. Adams Vice — president - 8 - UaArooh Citizens Issociafion, `Inc. P. 0. Box 3146 WINCHESTER, VIRGINIA 22601 The following specific restrictions are sought regarding the opera— tion of a cottage industry for the sale of flowers, shrubs and pro— duce in the old stone house owned by Mr. and Mrs. James Tinsman at the entrance to the Stonebrook Farms subdivision: -- No produce is to be displayed from trucks, automobiles or other moving vehicles. -- There are to be no visible signs or advertisements on the pro— perty. -- Flowers and shrubs shall be confined to existing beds. Produce is to be displayed from no more than two tables of a temporary nature to be removed when the business is not in operation. -- No streamers, banners or other advertising accessories shall be displayed on the property. -- No tents or other temporary structures shall be erected on the property. -- Refuse is to be removed from public view at the end of each day of public operation. -- Parking provisions are to be made in such a way as to conform to the residential nature of Stonebrook Farms. 1909 - 9 - 81ou rook Nizefis Issociation, Inc. P. O. Box 3146 WINCHESTER, VIRGINIA 22601 �-1 �O- 4, X � X I LL C-j u c 1910 - 10 - 8toftehrook Gilizefis lRssoriakoft, liar. P. 0. Box 3146 WINCHESTER, VIRGINIA 22601 1/2 c - -'L q- X-J6 , 0 "/, / I cl( 1911 - 11 - 8tone6roo6 Eitizeas ` Lsociation, ` ftc. P. 0. Box 3146 WINCHESTER, VIRGINIA 22601 LtC,'u cr Q,v G 1912 12 - 81011AF-OA Gilizefts Issociali0ft, 111c. P. 0. Box 3146 WINCHESTER, VIRGINIA 22601 14A 1913 - 13 - Sloftehrook Eilims Issociatioa, lac. P. O. Box 3146 WINCHESTER, VIRGINIA 22601 jti� < 'Al 4cod Vcll I I v 4p/ R cl V 2 5A I �J�� Y2- ��- � �°?'� -cam-- C`v- � -��-`- � 3 r� G��.�,���/i� �t/� 1914 - 14 - StonArook Citizens Issociatio«, Inc. P. 0. Box 3146 WINCHESTER, VIRGINIA 22601 i anna 9 y J 1915 - 15 - 1916 A - 16 - 81onebrook Gifizens llssociafioa, ` ftc. P. 0. Box 3146 WINCHESTER, VIRGINIA 22601 Act cl 1 — c ss /�, `� • +✓tip -`c.. Ale �? 2 33 j i l X233! CeC v���zo �Ar� W - 22 &0 1917 Q�i !� , 1' 2 6- 17 - P. 0. Box 3146 WINCHESTER, VIRGINIA fx C jL 22601 4 -wok I rt r. 1918 Mr. Domenic Palumbo, resident of Stonebrook Subdivision and representative from the Stonebrook Citizens Association, came forward to speak in opposition. Mr. Palumbo read the statement of intent for R -2 zoning from the Frederick County Zoning Ordinance. He then read the goals of the Stonebrook Citizens Association. Mr. Palumbo felt this request was contrary to both the Zoning Ordinance and the goals of the Stonebrook Citizens Association. He also was concerned about the traffic, depreciation of property values, and possible precedent setting. Mr. Thomas C. Glass came forward and stated that he was the creator of Stonebrook Subdivision and he was opposed to this conditional use permit. Mr. Glass felt there were more appropriate uses for Fort Colbin that could be carried on inside the building rather than having things displayed on the outside. Mr. Daniel C. Schiavone, resident of Stonebrook Subdivision, came forward to speak in opposition. He was concerned about the safety of the children because of the traffic. Mr. Jack Harman, resident of Stonebrook Subdivision, came forward and spoke in opposition. Mr. Harman felt this use was not compatible with the existing and intended use of the property. Mrs. Tinsman was permitted time for rebuttal. She said that she did not intend to advertise and, therefore, would not generate any more traffic than what already existed on the road. She said that the volume for sale would not be large enough to warrant trucking -in produce and everything would be brought in by automobile. She added that she could move the produce to the interior of the building if necessary. 1919 - 19 Mr. Stiles stated that it was the intent of the ordinance that the cottage occupation be accessory to the residential use of the parcel and this was not the case in this application; and secondly, the ordinance states that the cottage occupation needs to be carried on within the structure and the recommendation that tables be allowed outside is inconsistent with the ordinance. Mr. Stiles also stated that both these items could be remedied, but he was not sure how a three- day - per -week operation could be monitored. Mrs. Copenhaver moved to deny Conditional Use Permit #003 -84 of James F. Tinsman. This motion was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Conditional Use Permit #003 -84 of James F. Tinsman for a Cottage Occupation /Flower and Produce Sales on Stonebrook Road in the Stonebrook Subdivision in the Back Creek District. ORDINANCE AMENDMENTS An ordinance to clarify the types of motor vehicle sales and repair activities which would be allowed in the B -2 zone and to provide for screening of outside storage in conjunction with such uses. Action - Approved Upon motion made by Mr. Stiles, seconded by Mr. Romine, and unanimously approved, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning to amend Article XI, Paragraph 11 -2 -3 and Paragraph 11- 2 -3.1, as follows: 1920 - 20 - 11 -2 -3 Motor vehicles sales, with accessory service; including, but not limited to, vehicle parts sales and car washing facilities. All repair activity to take place within a completely enclosed structure. All outside storage of disabled vehicles or vehicles waiting for repairs, parts, or equipment must be fully screened from adjacent residential zoning districts, areas within other zoning districts which are predominantly residential in nature, or any other areas which the Commission determines are in need of such screening. The Commission shall determine the type and amount of screening to be required. 11 -2 -3.1 Service Station An ordinance to clarify the types of motor vehicle sales and repair activities which would be allowed in the B -3 zone and to provide for screening of outside storage in conjunction with such uses. Action - Approved Upon motion made by Col. Myers, 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, to amend Article XII, Paragraph 12 -2 -7 as follows and to delete Paragraphs 12- 2 -7.1, 12- 2 -7.2, 12- 2 -7.3, 12- 2 -7.4, and-12-2-7.5. 12 -2 -7 Motor vehicle sales and /or motor vehicle service, with accessory i uses . All repair activity to take place within a completely enclosed structure. All outside storage of disabled vehicles or vehicles waiting for repairs, parts, or equipment must be fully screened from adjacent residential zoning districts, areas within other zoning districts which are predominantly residential in nature, or any other areas which the Commission determines are in need of such screening. The Commission shall determine the type and amount of screening to be required. An ordinance simplifying the definition of service station in the Zoning Ordinance. Action - Approved Upon motion made by Mr. McDonald, seconded by Mr. Kirk, and passed unanimously, 1921 - 21 - 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, by the addition of the following: 1 -1 -83 Service Station - Any premise used for supplying gasoline, oil, tires, accessories and services for automobiles at retail direct to the motorist consumer. Repair services shall be accessory to the other retail services provided. ZONING /SUBDIVISION FEE SURVEY The Commission and staff discussed a survey of fees for zoning and subdivision reviews compiled by the the Albermarle City Planning Department. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, J n T. P. Horne, ecretary �i rank Bru a k, Chairman 1922