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PC_11-07-84_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 November 7, 1984. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; A. Lynn Myers; Manuel C. DeHaven; Kenneth Y. Stiles; Marjorie H. Copenhaver; W. French Kirk; John T. P. Horne, secretary; Stephen M. Gyurisin, advisory ABSENT: George L. Romine CALL TO ORDER Chairman Brumback called this meeting to order at 7:00 p.m. The first order of business was the consideration of the minutes of October 3, 1984. Upon motion made by Mr. Golladay and seconded by Mr. Kirk, the minutes of October 3, 1984 were unanimously approved as presented. The next item of business was the consideration of the minutes of October 17, 1984. Upon motion made by Col. Myers and seconded by Mr. Kirk, the minutes of October 17, 1984 were unanimously approved as presented. BIMONTHLY REPORT The Commission and staff reviewed pending applications. Final Master Development Plan #002 -84 of Albin Village for 219 single - family detached housing lots, open space, and state maintained roads. ACTION - Approved Mr. Horne read the background material. Mr. Horne said that there will be a retention facility at the northwest corner of the site for off -site drainage. In reply to Chairman Brumback's question, Mr. Horne replied that 15.35 acres or 17% of the site will be open space. Mr. Golladay inquired if the cul -de -sacs to the open land would be accessible for future development of adjoining properties. Mr. Horne replied that there is vehicular access at the eastern portion of the property. He added that the Colaw's property has access directly off Routes 647 and 642. 1978 -2- Mr. Kit Moulden, of Valley Mortgage and Investment Corporation and representative for Albin Village, replied that there is utility access to the Colaw property, but no vehicular access. Mr. Golladay also reiterated the concerns of the Fredericktowne's Homeowers Association on the traffic problems that will be generated on Route 647 after the development of Albin Village and additional development of Greenbrier. Mr. Golladay said that it was his understanding that this road would be considered by the Transportation Committee and the staff confirmed this. Upon motion made by Mr. Golladay, seconded by Col. Myers, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the Final Master Development Plan of Albin Village for 219 single — family detached housing lots, open space, and state — maintained roads on the southeast side of Route 647, northeast of Stephens City, in the Opequon Magisterial District. REPORT OF THE RURAL ORDINANCE SUBCOMMITTEE Chairman Brumback stated that within the next couple meetings the Ordinance Subcommittee will have a general proposal for the residential section of the rural ordinances. He added that the Subcommittee would then request a worksession with the Commission to get their input. REPORT OF THE RURAL COMMUNITY CENTER SUBCOMMITTEE Mr. Golladay said that the last rural community center meeting was held November 1, 1984 at Star Tannery. He said the Subcommittee should have some general recommendations concerning the rural community centers to give to the Commission no later than the first of the year. 1979 -3= CANCELLATION OF THE NOVEMBER 21, 1984 PLANNING COMMISSION MEETING Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, the Planning Commission unanimously approved the cancellation of the November 21, 1984 meeting upon the staff's discretion. PUBLIC HEARINGS Rezoning Request #008 -84 of Blue Ridge Mobile Home Park to rezone 7.919 acres from A -2 (Agricultural, General) to MH -1 (Mobile Home Park). ACTION - Approved Mr. Horne gave the background information. Mr. Horne said that the land to be rezoned is immediately to the east of the existing mobile home park. He added that Greenwood Fire Company does not approve of this rezoning until some type of water system for fire protection is provided. Mr. Jerry Updyke, co -owner of Blue Ridge Mobile Home Park, came forward and introduced himself to the Commission. Mr. Kirk asked what type of water system was planned for the addition. Mr. Updyke replied that the mobile home park has a central water system with wells and the land requested for rezoning has its own existing well. Mr. Stiles asked Mr. Updyke how many additional mobile homes would be added to the park and Mr. Updyke replied that there would be approximately 14. Mr. Stiles asked if hydrants were available and Mr. Updyke said that the lines were not large enough to accomodate hydrants. Mr. Louis Bachrach, adjoining property owner, came forward to speak in opposition to the rezoning. Mr. Backrach was opposed because he felt the mobile home park would devalue his property and destroy the environmental use of the property. Mr. Walt Cunningham, Chief of the Greenwood Fire Company, came forward. He said that the closest water supply for the Oak Hill and Blue 1011.111 -4- Ridge Mobile Home Park is on Route 7 at the High's store. Presently, tankers will come from Berryville and Clearbrook to support him with water. He added that this is the best that can be done for the present; however, if either of these two companies have a fire at the same time as the mobile home park, then he will be denied the water supply. Mr. Cunningham said that the fire company needs some type of water supply closer than what they have presently. Mr. Updyke said that because of the topography of his land, they have an ideal place for a pond and they had planned to construct this pond in the near future. He asked if this would be sufficient for fire fighting purposes and Mr. Cunningham said that it would. Mr. Horne said that a site plan would be required before development of the property and at this stage, the pond would need to be addressed. A motion for approval was made by Mr. Kirk, seconded by Mr. DeHaven, and unanimously approved. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #008 -84 of Blue Ridge Mobile Home Park to rezone 7.919 acres from A -2 (Agricultural, General) to MH -1 (Mobile Home Park) for the expansion of the park located south of Route 7, east of Winchester, between Route 656 and 659 in the Shawnee Magisterial District. Rezoning Request #009 -84 of Richard G. Hardison and Ralph S. Gregory to rezone 63.551 acres from A -2 (Agricultural, General) to M -1 (Industrial, Limited), B -2 (Business, General), and B -3 (Industrial, Transition). ACTION - Approved Mr. Horne read the background material. Mr. Benjamin Butler, attorney and representative for Mr. Hardison and Mr. Gregory, came forward. Mr. Butler stated that Mr. Hardison and Mr. Gregory anticipate this area to be the next logical location for future commercial development. He said that water and sewer is available to the 1981 -5- site and there are four possible locations to receive sewer from, with Lakeside being the best. Mr. Butler explained that before the applicant can get financing, they must have the proper zoning. Chairman Brumback read a letter from M. A. Collins regarding the rezoning of this property. Mr. Stiles moved to make the letter an official part of the record. This motion was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby record the letter from M. A. Collins to Chairman Frank Brumback as a part of the official minutes as follows: Oct. 30, 1984 Rt. 3 Box 245 Winchester, Va. 22601 Frank Brumback Frederick County Planning Commission Dear Sir: I understand that a rezoning request will be coming before the Planning Commission for the Shackelford land on Rt. 11 south of Kernstown. The area along Rt. 11 from Bartonsville to Rt. 37 has a lot of potential and is one of the few areas that is left to be developed along Valley Pike. This particular area has already been blemished with the Horton enterprise and I feel that the commission could have done a better job in planning this property. The D.M.V. is a nice looking office building and a very expensive building, and I understand that a church is being planned on the adjoining property. I would hope that the Planning Commission will give a lot of thought in planning the development of this land which is visible from both Rt. 11 and 181 also the fact that sewer is not available at this time should be taken into consideration. We should not trade beauty for tax base, this has been done many times in the past. Thanks for letting me express my views. Sincerely, M.A. Collins Upon motion made by Mrs. Copenhaver, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning does hereby approve Rezoning Request #009 -84 of Richard G. Hardison and Ralph S. Gregory to 1982 rezone 63.551 acres from A -2 (Agricultural, General) to M -1 (Industrial, Limited), B -2 (Business, General), and B -3 (Industrial, Transition), fronting on Route 11, 1/4 mile south of Route 37 and west of I -81 in the Back Creek District. The vote for this motion was as follows: YES: Mrs. Copenhaver and Messrs.. Stiles., Kirk, DeHaven, Golladay, Brumback NO: Messrs. Myers and McDonald ORDINANCE AMENDMENTS An ordinance to amend the Frederick County Code to prohibit the use of mobile homes or trailers as accessory structures in the R -P Zoning District. Upon motion made by Mr. Stiles, 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, Article V, Residential Performance District, Section 5 -2, Use Regulations, Paragraph 5 -2 -7, as follows: Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall be considered as accessory structures or buildings. An ordinance to amend the Frederick County Code to prohibit the use of mobile homes or trailers as accessory structures in the R -5 Zoning District. Mr. Stiles moved to reduce the minimum distance required between a property line and an accessory building from 10' to 5'. This motion was seconded by Mr. Kirk and was passed by the following vote: YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Golladay, DeHaven, Kirk NO: Messrs. Myers and Brumback Mr. Stiles next moved to strike the entire last sentence of the proposal which states, "No accessory structure may be closer than five (5) feet to any property line." This motion was seconded by Col. Myers but was defeated by the following vote: 1983 -7- YES: Messrs. Stiles, Myers NO: Mrs. Copenhaver and Messrs. McDonald, Brumback, Golladay, DeHaven, Kirk Upon motion made by Mr. Stiles, seconded by Col. Myers, and unanimously approved, BE IT RESOLVED, That the Frederick County Planning Commission approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article VIII, Residential Recreational Community District, Section 8, Use Regulations, Paragraph 8 -8 -5, as follows: Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. No accessory structure may be closer than five (5) feet to any property line. An ordinance to amend the Frederick County Code to allow the administrator to approve certain site plans. Upon motion made by Mr. Stiles, seconded by Col. Myers, and unanimously approved, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Fredrick County Code, Chapter 21, Zoning, Article XIX, Site Plans, Paragraph 19 -6 -4, as follows: Site Plans which conform to the standards and requirements of this article shall be submitted to the Planning Commission or the Administrator for approval, disapproval, or modification. The Commission may allow the Administrator to approve site plans which contain minor developments or developments that have submitted Final Master Development Plans in sufficient detail to the Commission. ADJOURNMENT There being no further business, the meeting adjourned. Respectfully submitted, �,� � rank Brumback, Chairman T. P. Horne, Secretary ':'