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HomeMy WebLinkAboutPC_09-05-84_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 September 5, 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 August 15, 1984. Upon motion made by Mr. Kirk and seconded by Mr. Romine, the minutes were unanimously approved as presented. The second order of business was the consideration of the minutes of the worksession of August 28, 1984. Col. Myers requested that Chairman Brumback's statement informing Mrs. Hadley of her right to petition for amendment to the M -1 section of the zoning ordinance be added to the worksesssion minutes. Col. Myers next moved for approval of the minutes with this addition. This motion was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT The Planning Commission discussed pending applications with the staff. SITE PLANS Site Plan #024 -84 of Henry Apartments for the construction of 54 garden apartment units in nine buildings with required parking and recreation facilities in the Shawnee Magisterial District. ACTION - Approved Mr. Horne read the background information. He explained that the one fire hydrant and the separate line to the hydrant are a City main. All other water lines over the site would remain as private lines. Mr. Horne said that 1959 Iwa due to liability questions, the City requested that this line and the hydrant be dedicated to the City and they will be responsible for maintenance. Mr. Kimerly Henry, owner, came forward to answer any questions regarding his site plan. Chairman Brumback inquired if the City of Winchester would supply water and sewer and Mr. Henry replied that the City would supply the water and sewer on county property. Mr. Kirk inquired on the direction of run -off. Mr. Horne answered that the run -off would go to the rear of the property towards Williamson Road and then west to Abram's Creek. Mr. Horne added that some run -off would go across the adjacent property belonging to the church, but he felt there was no danger to adjacent properties because the Highway Department ditches seemed adequate. Upon motion made by Mr. Kirk, seconded by Mr. Romine, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #024 -84 of Henry Apartments for the construction of 54 garden apartment units in nine buildings with required parking and recreational facilities on Senseny Road in the Shawnee Magisterial District. Site Plan #022 -84 of Jimmy Miller for a used car sales lot on Route 50 West, in Round Hill, in the Back Creek Magisterial District. ACTION - Approved Mr. Horne said that the basic proposal is to use the existing building for repairs and maintenance of vehicles and then displaying vehicles for sale to the west of the building. Mr. Jimmy Miller, the applicant, came forward and stated that the vehicles parked behind the building are waiting for repair and those cars to the west of the building are ready for sale. 1960 -3- Chairman Brumback stated that he had received a couple phone calls from residents in the Back Creek District who were concerned about Mr. Miller's operation. Mr. Horne said that he also received three or four calls from residents of the neighborhood requesting information on the status of the operation. The Commission next discussed areas of the site which should be screened and the hours of operation. Chairman Brumback called for anyone wishing to speak in opposition and Mrs. Helen Hodges, adjacent land owner, came forward. Mrs. Hodges requested that screening be required for the disabled vehicles; specifically, along the property line adjoining Route 50, if not for the entire back area. Mr. John Hoover came forward and stated that he lives north of Mr. Miller, across the road. Mr. Hoover informed the Commission that Mr. Miller also operates a flea market at the site. Dealing with the subject of the flea market, Mr. Horne said that both the used car sales and the flea market could not be operated on this site as it is designed now. Mr. Miller assured the Commission that he would not continue operation of the flea market. Chairman Brumback advised Mr. Miller that he would need to amend his site plan if he decided to resume the flea market in the future. BE IT RESOLVED, That upon motion made by Mrs. Copenhaver, seconded by Mr. McDonald, and affirmatively voted upon by all Commissioners present, the Frederick County Planning Commission does hereby approve Site Plan #022 -84 of Jimmy Miller for a used car sales lot on Route 50 West at Round Hill in the Back Creek Magisterial District with the addition of screening along the east and west sides of the existing building back to the property line and along that property line to the barn; and with the stipulation that this property be used only for a used car sales lot. 1961 Z42 PUBLIC HEARINGS Conditional Use Permit 41007 -84 of Shenandoah Valley Oil Company for a Service Station with self service gas pumps in the Gainesboro Magisterial District. ACTION - Approved Mr. Horne briefed the Commission on the background for this application. He added that the operation is now being converted to a more intense grocery -type use with gas pumping facilities. Mr. Thomas L. Chamouris, President of the Shenandoah Valley Oil Company, came forward and stated that there will be an island with three pumps and a read -out system for an existing business. Mr. McDonald inquired about the distance from the pump island to the building and highway right -of -way. Mr. Horne answered that from the edge of the existing island it was approximately 15' - 18' and then from the edge of actual pavement, which is at the other side of the island, it was approximately 30' - 35' to the right -of -way. Mr. Chamouris added that the island was about 40' - 50' from the building. Mr. Chamouris then introduced Mr. James H. Lamp, owner of the property and manager of the service station. Mr. Chamouris explained that Mr. Lamp will own the tanks, the island, and all below - ground equipment, and he will own the pumps, read -out system, lights, and all above - ground equipment. BE IT RESOLVED, That upon motion made by Col. Myers, seconded by Mr. Stiles, and approved unanimously, the Frederick County Planning Commission does hereby approve Conditional Use Permit 41007-84 of Shenandoah Valley Oil Company for a service station with self- service gas pumps, to be operated by Mr. James H. Lamp, on Route 522 North in the Gainesboro 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. 1962 -5- 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. An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article I, In General, with the addition of Section 1 -11, Exceptions to the Front Yard Regulations. Upon motion 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, Article I, In General, with the addition of the following: Section 1 -11 Exceptions to the Front Yard Regulations All exceptions to the front yard setback regulations of this ordinance, in any district, shall be approved by the administrator. In all districts, where the average depth of the existing front yard setbacks for adjacent developed lots is less than the minimum required front yard, the administrator may vary the front yard requirement of the undeveloped lot under consideration for an exception to the front yard regulations. For such lots the minimum front yard setback shall be the average of the existing front yard setbacks on adjacent developed lots within 200' of the undeveloped lot's side property line; and, that are within the same zoning district on the same road or right -of -way. UPCOMING RURAL MEETING Mr. Horne announced that the Rural Community Center Subcommittee has scheduled a rural meeting for the North Mountain area on September 27, 1984 at 7:00 p.m. at the North Mountain Fire Hall and all Plannning Commission members are invited to attend. Mr. Horne explained that the format of this meeting will be different from previous meetings because a detailed background study of this area will not be made prior to the meeting. He added that this meeting will be used to solicit comments and generally discuss rural problems. 1963 REPORT OF THE WINCHESTER— FREDERICK ECONOMIC DEVELOPMENT COMMISSION Mr. Romine, Coordinator of the EDC, gave a brief update on the progress towards achieving certification for the Commission. DISCUSSION ON THE CAPITAL IMPROVEMENT PLAN SUBCOMMITTEE The Commission and staff discussed the feasibility of convening the CIP Subcommittee for the next year. After considerable deliberation, the Commission felt that more discussion was needed on this subject and that consultation with the County Administrator and the Board of Supervisors would be helpful in making a final decision. COMMISSION RETIRES INTO EXECUTIVE SESSION Upon motion made by Mr. Stiles, seconded by Mr. Romine, and unanimously passed, the Frederick County Planning Commission retired to executive session in accordance with Section 2.1- 3444.(a)2 of the Code for a discussion concerning the acquistion of real property for public purposes. COMMISSION WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Mr. Stiles, seconded by Mr. Golladay, and unanimously passed, the Commission withdrew from executive session. ADJOURNMENT There being no further items of business, the meeting adjourned. Respectfully submitted, rank Brumback, Chairman P. Horne, Secretary 1964