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PC_05-01-85_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 May 1, 1985. PRESENT: Frank Brumback, Chairman; James Golladay, Vice — Chairman; George L. Romine; Carl M. McDonald; A. Lynn Myers; Manuel C. De Haven; 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 April 17, 1985. Col. Myers requested that the section of the minutes on the discussion of proposed amendments to the Frederick County Zoning Ordinance on page 3 be rewritten to state specifically which amendment proposal is being discussed. Col. Myers moved to approve the minutes of April 17th with this correction. This motion was seconded by by Mr. DeHaven and passed unanimously. BIMONTHLY Mr. Horne explained to the Commission that Shockey Company has requested an amendment to their site plan to add a 128' x 120' warehouse facility just north of their newly established steel fabrication building. The Commission asked that this site plan be brought before the Commission for review instead of giving it administrative approval. The staff and Commission also discussed some pending applications. (Mr. Stiles and Mr. McDonald arrived at this point of the meeting.) COMMITTEE REPORTS Fire Company Committee Mr. Golladay said the Fire Company Committee met on April 16 at 3:30 with Perry Silva, President of the Fire and Rescue Association, and representatives of the Greenwood and Stephens City Fire Companies. Mr. Golladay said everyone got along exceedingly well and there was a basic discussion of the problem. (Mr. Romine arrived at this point of the meeting.) 2049 -2- V RnTwT C T 11N Subdivision Request of Lenoir City Company of Virginia to subdivide 2 lots for industrial purposes. ACTION - Approved Mr. Horne gave some background information. Mr. Tom Gilpin, representative for this subdivision, came forward and stated that this is a 12.6 acre tract being split into two 6.3 acre tracts. Mr. DeHaven asked if there was a plat for this property, since the lots were different sizes. Mr. Gilpin said that he wanted to make all the lots, both the Roadway tract and both of these two parcels, the same depth. Since the Roadway tract lies along a curve, it is a bit smaller than the other two and is approximately 5.3 acres. He added that all the lots go back the same amount and have a straight back line. Mr. Stiles asked if the 12 acres was an existing tract. Mr. Gilpin said no, it was an unsubdivided portion of the whole 500 acres. Mr. DeHaven moved to approve this subdivision request. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the Lenoir City Subdivision Request to subdivide two lots for industrial purposes in the Stonewall Industrial Park, Stonewall Magisterial District. SITE PLAN Site Plan #010 -85 of Red Star Express Lines to construct a 9,787 square foot truck terminal and maintenance building with required site improvements. ACTION - Tabled Mr. Horne said that this site plan will take place on Parcel 2 of the Lenoir subdivision that was just approved. Mr. Horne said that the site plan shows a proposed maintenance building and a possible future property 2050 am line. This property line is shown 1' from the maintenance facility. The minimum setback in M -1 is 25' and, therefore, either the maintenance building or the property line would have to be changed. Mr. Horne also noted that there is a 20' drainage ditch and easement on the adjacent Roadway property and Mr. Bruce Edens, engineer for this site plan, feels that this one facility would be sufficient to handle this property as well as the Roadway property. Mr. Horne said that the staff has not yet received an official word back from Mr. Edens as to the exact nature of this drainage facility. Mr. James Wilson, contractor and representative for Red Star, came forward. Mr. Wilson said that he could not address the water runoff at this time because Mr. Edens is still working on his calculations. He said that Mr. Edens is certain that the runoff can be handled, either by a separate holding pond on the northeast corner or by another method. Mr. Stiles asked Mr. Gilpin if he could explain the runoff situation. Mr. Gilpin said that he is waiting for Mr. Edens to finish his calculations. He said that if the Roadway facility cannot handle the runoff, either the existing water retention facility will be enlarged or another retention facility will have to be constructed on this lot. Mr. DeHaven asked who owned the property. Mr. Wilson said that he owns the property, which consists of six acres, and he will build a trucking terminal and lease it along with four of the six acres. Col. Myers inquired about the property line and Mr. Wilson said that he has down scaled the building and instead of it being 80' x 125', it will be 80' x 100'. Mr. DeHaven moved to table this site plan on the grounds that he felt it was not complete. This motion was seconded by Mr. Kirk and passed unanimously. 2051 -4- BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Site Plan #010 -85 of Star Red Express Lines until the meeting of May 15, 1985 due to an incomplete site plan. SnRnTVT C TON Subdivision Plat of Harry F. Stimpson, Jr. to subdivide one lot for the development of apartments. ACTION - Approved Mr. Horne read some background information. Mr. Harry F. Stimpson, Jr. came forward and stated that this land was zoned multi - family some years ago and at that time the plat was not recorded. He said that Mr. Horne pointed out that before this deed could be recorded, he had to separate this piece from the rest of the land and also make the dedication of the road that the County requested some years ago. Mr. Golladay asked for the location of the fire hydrants and Mr. Horne noted that there will be a hydrant at each entrance. Upon motion made by Mr. Golladay, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Harry F. Stimpson, Jr. subdivision request to subdivide one 4.151 acre lot for the development of apartments south of Route 277 behind Red Apple in the Opequon Magisterial District. PUBLIC HEARINGS Conditional Use Permit #004 -85 of Glenn C. Whitacre for a Sawmill, Type B (woodlot for storing and sawing firewood). ACTION - Approval Mr. Horne gave the background information. Mr. Glenn C. Whitacre, applicant, came forward and introduced himself to the Commission. Chairman Brumback asked for the lot size and whether there would be retail sales. Mr. Whitacre said that of the 6.83 acres, about 3/4 of an acre 2052 -5- will be used for the firewood. Mr. Whitacre said he did not plan on retail sales, but when people see a woodpile, they usually stop. Mr. Stiles asked Mr. Whitacre if he would be the only one hauling wood onto this lot and Mr. Whitacre replied it would be just himself. Mr. McDonald said that he recommended that Mr. Whitacre come before the Commission. Mr. McDonald said that Mr. Whitacre has contracts with the Department of Welfare in Frederick County and Hampshire County to deliver wood through the fuel assistance program and he needs a place to store the wood when a lot is cleaned off. Col. Myers asked if a building would be constructed or if Mr. Whitacre planned to work out of the barn. Mr. Whitacre said that no buildings would be constructed and he would be working out in the open field. Col. Myers moved to approve this conditional use permit with the conditions recommended by the staff and this motion was seconded by Mr. McDonald. Mr. Stiles moved for an amendment to the motion to add condition #4, No structures to be built on the property. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #004 -85 of Glenn C. Whitacre for a Sawmill, Type B (woodlot for storing and sawing firewood) on the right side of Route 127, three miles from 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 the 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. 3. Off- street parking to be provided. 4. No structures to be built on the property. 2053 Conditional Use Permit #005 -85 of David E. and Nancy M. Ritter for a Cottage Occupation /Consignment Shop in the Shawnee Magisterial District. ACTION — Approved Mr. Horne said that he received three letters in support of this application. Upon motion made by Mr. Stiles, seconded by Mr. Golladay, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby include the three letters received by the Department of Planning and Development, in support of the Ritter conditional use permit application, as a part of the official record as follows: 2054 FROM THE DESK OF Margaret Guthrie, D.O.N. API? 1985 RZ ge 1, o. AND OEVE( pMEN7C c a te. -�4 t4, Al e 2055 April 23, 1985 4- � ° �� W Richard L. and Barbara Baker ° 0 ° ��� 434 Milam Drive Winchester, VA 22601 County of Frederick Department of Planning and Development P.O. Box 601 Winchester, VA 22601 Dear Sir: This letter is in reply to your invitation to attend the May 1, 1985 meeting of the Frederick County Planning Commission. Our property ajoins that of David E. & Nancy M. Ritter who live at the corner of Milam Drive and Ridge Avenue. David and Nancy have applied for a conditional use permit to operate a cottage occupation /consignment shop in their home. The consignment shop planned by the Ritters will change the Frederick Heights residential atmosphere as little as our community's numerous yard and garage sales. We feel that their operation will, as do these sales, provide a real service to both buyer and seller. We unreservedly recommend that you approve their application. While we will be.unable to attend and speak at the Planning Commission meeting, we ask that this letter be presented to represent our views and comments. S incerely fJCI�GI� 2 f� Richard L. & Barbara Baker Copy to: David E. & Nancy M. Ritter 2056 AeR�ga EO R�GD e� MME t. PND ,f 2057 7C Mrs. Nancy Ritter, applicant, came forward and stated that the shop in her basement would be open from 10:00 a.m. to 3:30 p.m., six days per week and closed on Sundays. Mrs. Ritter said that she would not sell furniture and there will be no items whatsoever in the yard. She said that she would like permission to put up one sign, 2' x 3' Mrs. Ritter added that she spoke with Mr. John Dennison, Frederick County Building Official, and he has told her how the basement needs to be prepared for this business. Mr. Kirk moved for approval of this conditional use permit with the standard conditions for a conditional use permit. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #005 -85 of David E. and Nancy M. Ritter for a Cottage Occupation /Consignment Shop - small consumer items in the Frederick Heights Subdivision at the corner of Milam Drive and Ridge Road in the Shawnee Magisterial District with the following conditions: 1. This will be a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and the 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 #006 -85 of Iva H. Petre for a grocery store in the Opequon Magisterial District. ACTION - Approved Mrs. Iva Petre, applicant, came forward and stated that she wanted to open a bulk food grocery store. She said that she planned to start with half days and then go to 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturday. She said that she planned to renovate the building. Mrs. Petre added that eventually she wanted to have a licensed 2058 mc kitchen with call —in deli food, home canning, and processing of jams, jellies, and pickles. Mr. Golladay asked if Mrs. Petre would rent the property and she replied that she was purchasing the property. Mr. Golladay next asked if the old cars and plywood would be removed Mr. Petre said that those are to be removed before she gets the property. Mr. Stiles asked which agencies would regulate the food service and Mr. Horne said she would have to contact the Department of Agriculture and Consumer Services. Mr. Stiles moved to add Condition #4: "All necessary permits shall be obtained from the appropriate State agencies before the food processing operation is started." This motion was seconded by Mr. Golladay and passed unanimously. Upon motion made by Mr. Golladay, seconded by Mr. Stiles, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve conditional use permit #006 -85 of Iva H. Petre to renovate an existing building to accomodate a grocery store one mile north of Lord Fairfax Community College 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 the 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. 3. The administrator shall approve the site layout. 4. All necessary permits shall be obtained from the appropriate State agencies before the food processing operation is started. REPORT FROM THE ECONOMIC DEVELOPMENT COMMISSION 2059 Mr. George L. Romine, E.D.C. Coordinator, stated that the President of McElroy Metal Mill, Inc. chose an industrial site in the Stonewall District. Mr. Romine said that two prospects from Europe have also looked at sites in the Stonewall Magisterial District. TRANSPORTATION COMMITTEE MEETING SCHEDULED Mr. Gyurisin said that a Transportation Committee meeting is scheduled for May 20 at 7:00 p.m. ADJOURNMENT There being no further items to discuss, the Chairman adjourned the meeting. Respectfully submitted, 017T11