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PC_03-06-85_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 March 6, 1985. 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 February 20, 1985. Upon motion made by Mr. Kirk and seconded by Col. Myers, the minutes were unanimously approved as presented. The next order of business was the consideration of the minutes of the worksession of February 4, 1985. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, the minutes were unanimously approved as presented. BIMONTHLY REPORT The Commissioners and staff reviewed pending applications. COMMITTEE REPORTS Chairman Brumback stated that an informational meeting was held last night between the Farm Bureau and members of the Rural Ordinance Subcommittee in order to update the Farm Bureau on accomplishments of the Subcommittee to date. SITE PLANS Site Plan #004 -85 of Estes Express Lines for a truck terminal and accessory uses in the Stonewall District. ACTION - Approved Mr. Horne read the background information. He added that two entrances off Baker Lane and one central building are proposed. Mr. Horne 2025 -2- said that the applicant has been notified of the fire company's comments recommending that one fire hydrant be placed near the entrance of the property. Mr. Allen Irvin with Lantz Construction Company, the contractor, came forward. Mr. Irvin said that a hydrant has just been installed 225' from the north property line. He added that this hydrant is within 450' of the back of the building and should meet the fire company's needs. If not, Mr. Irvin said that they could extend the line. Col. Myers expressed concern about the traffic problem in this area and the difficulty large trucks have in trying to navigate the corner. Mr. Horne said that the Transportation Committee will be receiving a report from Mr. Bushman of the Virginia Department of Highways and Transportation tomorrow about the possible redesign of the entire Route 11 intersection. Mr. DeHaven then moved for approval of this site plan with the stipulation that the staff, applicant, and the Greenwood Fire Company will discuss the location of the hydrant, with the Administrator making the final decision. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan X6004 -85 of Estes Express Lines for a truck terminal and accessory uses on Baker Lane in the Stonewall District. Site Plan X6005 -85 of H. N. Funkhouser and Company to reopen a convenience store with the addition of a gas pump island and canopy in the Shawnee District. ACTION - Approved Mr. Horne read the background material. He said that the only addition would be the 4' x 30' pump island with a 24' x 36' canopy. Mr. Robert Claytor of H. N. Funkhouser and Company came forward and introduced himself to the Commission. 2026 -3- Upon motion made by Mr. Kirk, seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #005 -85 of H. N. Funkhouser and Company to reopen a convenience store with the addition of a gas pump island and canopy on Senseny Road in the Shawnee District. Plat Vacation of Fredericktowne Subdivision to vacate two small portions of a dedicated road right -of -way. ACTION - Approved Mr. Thomas M. Dickinson, Jr., representative for this plat vacation, came forward and introduced himself to the Commission. Mr. Dickinson stated that the vacation of Parcels A & B (portion of Westmoreland Drive) and approval of a resubdivision of Lots 1 and 197 in Section III is being done at the request of the Highway Department. He said that they have requested that the intersection of Westmoreland Dr. and Virginia Route 647 be T- shaped as opposed to Y- shaped. Upon motion made by Mr. Golladay, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the vacation of Parcel A & B on Route 647 and Westmoreland Drive in the Fredericktowne Subdivision. Final Master Development Plan #001 -85 of Lakeside Estates to develop 256 acres for residential use in the Shawnee District. ACTION - Approved Mr. Charles Maddox, consulting engineer with Gilbert W. Clifford and Associates, came forward and introduced himself, Benjamin Butler, attorney at law, and P. Duane Brown, chief surveyor, all representing the Lakeside Development Company. In response to the staff's concern on the proposed trail through Lakewood Manor, Mr. Maddox explained that the trail serves as a buffer between the cluster units and the single - family conventional dwellings and also provides an off - street pedestrian 2027 -4- right -of -way. Mr. Maddox felt it would be too complicated to draw in the drainage facilities on this master development plan, but the precise details on drainage flow, easements, etc. will be on the final subdivision plat. He then proceeded to give the Commission a general idea of the drainage flow on the property. In response to Chairman Brumback's question on the phasing of lots and dedication of open space, Mr. Maddox stated that they would work with the staff at the final subdivision plat stage. He added that they want to dedicate enough open space in each section to meet the intent of the Code, but at the same time, do not want to dedicate too much and create a maintenance burden. Mr. George Johnston, attorney representing the property owners of Lakeside Estates, came forward and stated that questions have been raised regarding structures to be placed on areas that may be subject to restrictive covenants. Mr. Johnston said that a number of residents were present to express individual comments on this matter. Mr. John Kronenberger, resident on Mulberry Circle, came forward and introduced himself to the Commission. Mr. Kronenberger was concerned about structures being placed on common areas for Lakeside and Lakeview residents. He also wanted the developers to reconsider the location of the apartment buildings because he felt these structures would ruin the view for the current property owners. Mr. Benjamin Butler, attorney representing the developer, stated that there is no Deed of Dedication of any common areas in the Lakeside Subdivision. He said there is a common area around the townhouses which includes two small parcels along Ehinkapin Drive, two small parcels on Hackberry Drive, and Lakeside Recreational area. Mr. Butler stated that he has a photocopy of the Deed of Dedication for this area taken from Deed Book 2028 -5- 427, Page 77, signed by Danac and M.F.S. (previous owners) and lists 15 -20 people who were owners of the Lakeview townhouses. Mr. Butler read this document to the Commission. Mr. Butler stated that he has researched the matter thoroughly and in his opinion there is no common area overlapping areas shown for development. Mr. James Silvester, owner of Lot 26, Section A, was also concerned about development taking place in a dedicated recreational area. Mr. Silvester said that before he purchased his property, he was told that the area directly across the street from his property could not be developed. After some discussion among the Commissioners, it was decided that deed restrictions were not an area of responsiblity of the Planning Commission and would have no bearing on the Commission's approval of a Final Master Development Plan. Upon motion made by Mr. Romine, seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Final Master Development Plan 46001 -85 of Lakeside Estates to develop 256 acres for residential use with a combination of single - family detached cluster, traditional, atrium, quadplex, townhouse, triplex, and garden apartment units on the northeast side of Route 642, northeast of Stephens City in the Shawnee District with the stipulation that the following notes be added to the Final Master Development Plan: 1. Recreation facilities will be installed in full compliance with Paragraphs 5 -4 -7 and 5 -4 -8 of the Frederick County Code. 2. All lot lines or private parking areas are shown for general planning purposes and may be adjusted at the time of subdivision approval. 3. Removal of the legend for vegetative screening. 4. Phasing of lot divisions or unit development will meet the requirements of Paragraph 5 -8 -3 through 5 -8 -3.4 of the Frederick County Code. --------------- -- ---- PUBLIC HEARINGS 2029 Rezoning #001 -85 of V. V. Cutshaw to rezone 3.58 acres from B -2 (Business, General) to M -1 (Industrial, Limited) for an addition to the existing facility for lumber processing. ACTION - Approved Mr. Horne read the background material. Mr. V. V. Cutshaw of Allied Wood Products came forward and stated that they wish to expand and improve the operation. Mr. Cutshaw said that they make furniture parts and kitchen cabinet parts to be assembled elsewhere. He said that the new building would be used to finish the lumber after it leaves the sawmill. In answer to Col. Myers' question, Mr. Cutshaw stated that there is very little retail business. Mr. Golladay asked if sawdust would be created. Mr. Cutshaw replied that all operations will take place inside. He said that he has just purchased a dust bag system and there will be very little open dust. He added that the local and state pollution control people have recently been to his facility. Mrs. Estel Mae of Clearbrook came forward and objected to further industrialization of Route 11 North. Mrs. Mae wanted this area to remain residential. Upon motion made by Mr. DeHaven, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application #001 -85 of V. V. Cutshaw to rezone 3.58 acres from B -2 (Business, General) to M -1 (Industrial, Limited) for a 50' x 130' addition to the existing facility for lumber processing on Route 11 North at Allied Wood Products in the Stonewall Magisterial District. Conditional Use Permit #002 -85 of Charles W. and Adriennel L. Schnabel for a Cottage Occupation /Art Studio in the Stonewall District. ACTION - Approved t IX141 -7- Ms. Kim Dodd, resident on the farm, came forward and stated that she will be using the building for art projects and to teach custom stenciling and crafts. She added that there will be no outside employees. There was no one present wishing to speak in opposition. Upon motion made by Mr. DeHaven, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #002 -85 of Charles W. and Adriennel L. Schnabel for a Cottage Occupation /Art Studio and the construction of a 16' x 24' detached building on Route 670, Apple Pie Ridge Farm, with the following conditions: 1. This will be 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 shall .expire and a new conditional use permit will be required. Conditional Use Permit #003 -85 of Zulfiqar Ahmed for a Outdoor Recreational Facility /Miniature Golf Course (new owner) in the Back Creek District. ACTION - Tabled There being no representation for this application, motion was made by Mr. Stiles, seconded by Mr. Golladay, and passed unanimously to table until the meeting of March 20, 1985. An MTIPN VMT There being no further business to discuss, the meeting adjourned. Respectfully submitted, 2031 iz 9 MC- 4fiLlii� W ank BrumbSck,, Chairman