PC_06-05-85_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 June 5, 1985.
PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr., Vice - Chairman;
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
ABSENT: George Romine
CALL TO ORDER
Chairman Brumback called the meeting to order at 7:00 p.m. The first
item of business was the consideration of the minutes of May 1, 1985. Upon
motion made by Mr. Golladay and seconded by Mr. Kirk, these minutes were
unanimously approved as presented.
The next item of business was the consideration of the minutes of
May 15, 1985. Mr. McDonald noted that he should be listed as present for
this meeting and Mr. DeHaven should be listed as absent. Col. Myers moved to
approve these minutes with that correction. This was seconded by Mr. Kirk
and the minutes of May 15, 1985 were unanimously approved.
BIMONTHLY REPORT
After a brief discussion, the Commission gave the staff permission to
administratively approve site plans for Glenwood Nicholson for an addition to
his carpet and clothing store and for the Frederick County Fair Association
for an office storage and restroom building.
Mr. Horne advised the Commission that the staff administratively
approved a change at the VDO site on Brooke Road for an additional parking
area.
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Mr. Stiles arrived at this point of the meeting.
SITE PLANS
Amended Site Plan #008 -85 of T. G. Scully and Jefferson National Bank to
place a temporary mobile home on the east side of the parking lot as a branch
bank. (This item was tabled from the previous Planning Commission meeting.)
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ACTION — Approved
Mr. Horne said that this site plan has been amended to place the
mobile home on the east side of the parking lot near the location of the
proposed permanent facility. He said that the traffic flow from this
facility will be separated from traffic entering or leaving the site from
Route 277.
Chairman Brumback noted that this will eliminate the traffic hazard on
Route 277 that was of concern to the Commission.
Mr. Charles Maddox of G. W. Clifford and Associates, representative
for this site plan, stated that they felt the new location was an
improvement. Mr. Maddox said there will be no new pavement and the water and
sewer connections made will be used for the permanent facility.
Mr. Robert Dale, an officer with Jefferson National Bank, requested
that the Commission approve a temporary sign located at the entrance of the
parking lot, next to the existing Toney's Supermarket sign. After a brief
discussion on the construction details of the sign, the Commission had no
objections to the applicant placing a sign temporarily at this location.
Mr. Golladay moved to approve Amended Site Plan #008 -85 with the
addition of a temporary sign at the entrance of Toney's Supermarket with the
details of the sign to be worked out by the staff. This motion was seconded
by Mr. Stiles and unanimously approved.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve amended Site Plan X6008 -85 of T. G. Scully and Jefferson National Bank
for a temporary mobile home on the east side of the parking lot at Toney's
Market on Rt. 277, Opequon Magisterial District, with the addition of a
temporary sign to be placed at the entrance of Toney's Supermarket, with
details approved by the staff.
Site Plan #010 -85 of Red Star Express Lines /James Wilson to construct a 9,787
square foot truck terminal and maintenance office building with required site
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improvements. (This site plan was tabled at the previous Planning Commission
meeting.)
ACTION - Approved
Mr. Horne said that this site plan has been amended to include: an
on -site detention facility which restricts outflow to predevelopment rates
and an amended maintenance /office building design which will now house
offices for Mr. Wilson's refuse business. Mr. Horne added that the office
use will be for only one full -time office employee and the maintenance
building has been decreased in size to now meet the side yard requirement,
should an actual devision line be placed there.
Mr. James Wilson, applicant, was present to answer questions from the
Commission.
Upon motion made by Mr. Stiles, seconded by Mr. Kirk,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #010 -85 of Red Star Express Lines /James Wilson
for a 9,787 square foot truck terminal and maintenance /office building with
required site improvements on McGhee Road, Stonewall Industrial Park, in the
Stonewall Magisterial District.
Site Plan 46012 -85 of Winchester Casket Company to construct a 10,000 square
foot office and warehouse facility with required site improvements.
ACTION - Approved
Mr. Horne said that the Highway Department's recommendation of a 40'
entrance in lieu of the minimum 30' has been done. He added that the
detention facility is only a one foot high birm because there is very little
runoff from this site.
Mr. Smith Dorsey and Mr. Louis Dorsey, applicants, were present to
answer questions from the Commission.
Mr. Kirk asked the applicants if they would hook -up to water and sewer
at this site and Mr. Smith Dorsey replied that they would.
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Upon motion by Mr. Stiles, seconded by Mr. Golladay,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Site Plan #012 -85 of Winchester Casket Co. to construct a 10,000
square foot office and warehouse facility with required site improvements on
McGhee Road in the Stonewall Industrial Park, Stonewall Magisterial
District.
Site Plan #013 -85 of Blue Ridge Grace Brethern Church for a church and
required parking.
ACTION - Approved
Mr. Horne read the background material. He added that the actual
structure will be to the rear of the property with additional parking to the
rear of the structure. Mr. Horne said that the entire roadway and parking
areas are proposed as crushed stone, however, the staff recommends that the
road be hard surfaced approximately 100' from the entrance into the site to
maintain dust control.
Mr. Charles Heath with Heath Craft, Inc., the contractor, came forward
as the representative for Blue Ridge Grace Brethern Church.
Chairman Brumback asked for the size of the structure and how far back
from Cedar Creek Grade the structure would be. Mr. Heath replied that the
6,060 square foot structure would be approximately 350' -400' from the main
highway.
Chairman Brumback asked Mr. Heath if he would be willing to hard-
surface the entrance 100' back and Mr. Heath replied yes.
Mrs. Copenhaver moved for approval of this site plan with the
revisions recommended by the Highway Department and the Planning and Zoning
Department. This motion was seconded by Mr. McDonald.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #013 -85 of Blue Ridge Grace Brethern Church for
a church and required parking with the addition of a minimum 50' landing back
from the edge of the pavement which should be constructed at approximately
the same elevation as the existing roadway to provide safe ingress and
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egress; and the access roadway should be hard surfaced at least 100' from the
entrance for dust control. This property is located 1/2 mile west on Route
622 in the Back Creek Magisterial District.
Mr. DeHaven arrived at this point in the meeting.
REZONING PETITION
Rezoning Petition #002 -85 of Andrew Pecsenye to rezone 4.4398 acres from B -1
(Business, Limited) to B -2 (Business, General) on Route 647 in the Opequon
Magisterial District.
ACTION - Tabled
Mr. Horne stated that he received a note from Mr. Pecsenye's attorney
requesting that the Pecsenye rezoning petition be tabled until the next
meeting.
Upon motion made by Mr. Golladay, seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously table Rezoning Petition #002 -85 of Andrew Pecsenye until the
meeting of June 19, 1985, at 2:00 p.m.
CTTF PT.AN
Site Plan #011 -85 of Westminster- Canterbury of Winchester to construct a
life care retirement facility with required site improvements.
ACTION - Approved
Mr. Horne read the background information. He then pointed out the
entrances, parking, and main structures on a site plan for the Commission.
Mr. Horne said that there will be an emergency access with a gate across it,
off Old Fort Road, which will be upgraded to meet the City of Winchester's
standards and dedicated to the City of Winchester for maintenance.
Mr. Horne said that there are some residences downstream from this
site which have had problems in the past with surface and groundwater. He
added that several proposals to insure that runoff from this site does not
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exacerbate this problem have been discussed with those residents at two
meetings. Mr. Horne briefly outlined the options that had been discussed.
Mr. Horne stated that Westminster - Canterbury proposes and the staff
recommends on -site retention of a 5 -year storm with a minimum outflow
through a 4" pipe and detention of a 10 -year storm with outflow at
predevelopment rates through an 18" standpipe. Mr. Horne said that the
residents' proposal is for the detention and retention facility, but the 18"
outflow would be taken through a storm drain pipe system all the way down to
a point below the residences.
Mr. John G. Goodwin, Vice - President of Westminster- Canterbury of
Winchester said that representatives from the architect, including the
engineer who did the drainage designs, and representatives for the
contractor were present to answer questions.
Mr. Romaine Kesecker, Engineer, came forward and explained the details
of the retention /detention design.
Mr. Fred Allen, Project Manager, said that the residents' concern over
the possible damage to septic fields, drainage lines, basements, driveways,
and subterranian rock ledges and streambeds during the excavation for the 18"
extended pipeline resulted in Westminster- Canterbury's decision to go with
the retention /detention facility.
A number of the residents located below the site were present at this
meeting. Mr. Lawrence Strobridge and Mr. Russell Hyatt, representatives for
the group, came forward. Mr. Strobridge said that the residents were
concerned about releasing the water on top of the ground and would prefer it
be piped down along the road and driveways beyond their homes.
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Chairman Brumback inquired if easements from the residents could be
obtained if this method of runoff maintenance was chosen and Mr. Strobridge
felt they could be.
Mr. Charles Holcomb, Architectual Project Manager and Civil Engineer,
felt the residents' problem was primarily with groundwater rather than
surface water. Mr. Holcomb said that they would be retaining a portion of
the water that goes into the ground by directing it into the storm drainage
system and the retention /detention system. He said this method would
possibly retain the water for a longer period of time than nature is now.
With regard to a pipeline running passed the homes, Mr. Holcomb was concerned
about the water getting into the ditch along Route 522 too quickly; however,
if this was the method required by the Planning Commission, they would do
it.
Mr. James Wilson came forward and stated that he owned a business
downstream from this site. Mr. Wilson stated that the pipeline, without an
on -site retention facility, would cause the water to reach Route 11 much too
quickly.
After considerable further discussion, Col. Myers moved to approve
this site plan of Westminster - Canterbury of Winchester with the addition of a
crossover on Route 522; the upgrading of Frederick Mall Drive to VDH &T
standards and with regard to stormwater management, the installation of a
detention pond and an 18" pipeline with outflow at the first residents'
driveway and improvements to the two culverts downstream to provide adequate
flow under those driveways. This motion was seconded by Mr. DeHaven and
unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Site Plan #011 -85 of Westminster - Canterbury of Winchester to
construct a life care retirement facility south of Route 522 in Sunnyside,
Gainesboro Magisterial District, with the addition of a crossover on Route
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522 at the intersection with Frederick Mall Drive in order for that road to
be accepted into the VDH&T's system; and with regard to storm water
management, the installation of a detention pond and an 18" pipeline with
outflow at the first residents' driveway and improvements to the two culverts
downstream to provide adequate flow under those driveways.
SUBDIVISIONS
Subdivision Request of Westminster- Canterbury of Winchester to subdivide two
lots for use as a life care retirement home facility.
ACTION - Approved
Mr. Horne said that the 26.829 acre lot will contain all the
structures and the 14.742 acre lot will be used only for drainage facilities
and open space. He added that the cul -de -sac will be dedicated to the City
of Winchester.
Mr. Fred Allen, Project Manager, was present to answer questions from
the Commission.
Upon motion made by Col. Myers, seconded by Mr. Stiles and unanimously
approved,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the subdivision request of Westminster - Canterbury of Winchester to
subdivide two lots (26.829 acres and 14.742 acres) for use as a life care
retirement home facility south of Route 522 in Sunnyside, Gainesboro
Magisterial District.
Subdivision Request of Earl M. Nicholson to subdivide one 4.0 acre lot for
commercial use.
ACTION - Approved
Mr. Horne read the background material.
Mr. Earl Nicholson, owner of the property stated that a tractor
dealership from Clearbrook is interested in the property.
Mr. Horne said that he has confirmed with the Vernon Stupp Company
that this will be a B -2 use. Mr. Horne added that he has explained to the
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Vernon Stupp Company that the sales function must be the principal use and a
repair facility must be accessory to the sales.
Upon motion by Mr. DeHaven, second by Mr. Stiles, and unanimously
passed,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the subdivision request of Earl M. Nicholson to subdivide one 4.0
acre lot located on Route 11 North, Stonewall Magisterial District, for
commercial use.
Subdivision Request of Lenoir City Company of Virginia to subdivide one
4.988 acre lot for industrial purposes.
ACTION — Approved
Mr. Horne gave the background details and added that this site is at
the far end of the currently constructed McGhee Road. Mr. Horne pointed out
this lot, and other subdivided lots by Lenoir City, on a site plan. He said
that this overall plan was approved by the Planning Commission about two
years ago.
Mr. Kenneth Gilpin was present to answer questions on this
subdivision.
Mr. Stiles informed Mr. Gilpin of the Planning Commission's decision
to require an overall drainage plan for industrial parks in the future. Mr.
Gilpin stated that they would cooperate with the Commission; however, it is
difficult to determine how much coverage there will be on industrial lots,
thereby making it difficult to be specific on drainage.
Upon motion made by Mr. Stiles, seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the subdivision request of Lenior City Company of
Virginia to subdivide one 4.988 acre lot in the Stonewall Industrial Park,
Stonewall Magisterial District, for industrial purposes.
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Subdivision Request of The Village at Lakeside, Section I, to subdivide 46
lots for residential purposes.
ACTION - Approved
Mr. Horne said that on the Master Development Plan this area was
proposed for single - family cluster homes; but due to the actual lot lines,
this has been changed to single - family traditional. Mr. Horne said that the
drainage meets the requirements of the RP District.
Mr. Charles Maddox of Gilbert W. Clifford and Associates and Mr. Duane
Brown, Chief Surveyor, were present to answer questions. Mr. Maddox said
that he would supply the calculations to the Planning Commission to confirm
that they are meeting the requirements of the State's stormwater management
regulations. Mr. Maddox added that he does have stormwater detention areas
planned for the future, but at this stage of development they are not needed.
At Chairman Brumback's request, Mr. Maddox briefly explained how the present
stormwater management plan dovetails into the plan for later development.
Upon motion made by Mr. Kirk, seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Subdivision Request of the Village at Lakeside,
Section I, located on the northeast side of Route 642, in the Shawnee
Magisterial District to subdivide 46 lots for residential purposes.
Conditional Use Permit #007 -85 of Timber Ridge Ministries, Inc. to renovate
an existing building for offices and a studio for the operation of an FM
radio station.
ACTION - Approved
Mr. Horne said that about one year ago, the Planning Commission
approved a site plan on North Mountain for an antennae facility and that site
plan was in conjunction with this same group. This conditional use permit is
for the studio facility to be used in conjunction with that broadcast
facility.
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Mr. Richard Choy, representing Timber Ridge Ministries, stated that
the old Armel School building will be used. He said the only exterior
changes will be a 1' x 2' microwave dish antennae. Mr. Choy said that the
average number of employees will be three, no more than five, operating 24
hours per day.
Mr. Golladay inquired if there would be any radio or television
interference. Mr. Choy said that there is no interference with a microwave
antennae.
Mr. Stiles moved to strike Condition #4 under staff recommendations
stating that a site plan is required. Mr. Stiles felt there was sufficient
controls in the conditional use permit. This motion was seconded by Mr. Kirk
and passed by the following majority vote:
YES: Messrs. Golladay, Kirk, DeHaven, Stiles, Myers, McDonald, and Mrs.
Copenhaver
NO: Mr. Brumback
Upon motion made by Mr. Kirk, seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Conditional Use Permit #007 -85 of Timber Ridge Ministries, Inc, to
renovate the old Armel School building for offices and a studio for the
operation of an FM radio station with no exterior changes except the addition
of a 1' x 2' microwave dish antennae and 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.
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.
ORDINANCE AMENDMENTS
An ordinance to amend the Frederick County Code regarding Master Development
Plan Procedures.
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Upon motion made by Mr. Stiles, seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve an ordinance to amend the Frederick County Code, Chapter
21, Zoning, Article VI, Master Development Plan, Section 6 -7, Master
Development Plan Procedures as follows:
6 -7 -1 All applicants shall submit twenty (20) copies of a Preliminary
Master Development Plan and application to the Department of
Planning and Development and request a review conference. The
purpose of the review conference is to review and discuss the nature
of the proposal in relationship to this article. Upon receipt, the
Director of Planning and Development shall notify necessary
departments and agencies to solicit comments and shall forward such
comments to the Planning Commission and Board of Supervisors along
with a description of the Preliminary Master Development Plan for
Planning Commission recommendation to the Board of Supervisors for
approval or disapproval. Upon approval of a Preliminary Master
Development Plan, the applicant may submit a Final Master
Development Plan.
6 -7 -2 All applicants shall submit twelve (12) copies of a Final Master
Development Plan and application to the Department of Planning and
Development after Board of Supervisors approval of the Preliminary
Master Development Plan. Upon receipt, the Director of Planning and
Development shall notify and solicit comments from appropriate
agencies and shall forward such comments and a description to the
Planning Commission for approval or disapproval.
Revisions to the example of the Master Development Plan Process
Chart shown on Page 21 -6 -6 to comply with the amendments of the
Master Development Plan procedures referenced above.
An ordinance to amend the Frederick County Code regarding Minimum Standards
and Improvements Required.
Upon motion made by Mr. Stiles, seconded by Mr. Golladay,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve an ordinance to amend the Frederick County Code, Chapter
21, Zoning, Article XIX, Site Plans, Section 19 -5, Minimum Standards and
Improvements Required as follows:
19 -5 -13 Adequate drainage for the disposition of storm and natural waters
both on and off the site shall be provided the extent and nature
of both on -site and off -site treatment is to be determined by the
developer in conference with the agent for Frederick County. The
agent may require that post development runoff rates not exceed
predevelopment runoff rates for storm and natural water on
individual proposals requiring site plans or amended site plans.
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An ordinance to amend the Frederick County Code regarding screening in the
M -1 District.
Mr. Kenneth Gilpin came forward to urge the Commission to vote in
favor of this amendment. Mr. Gilpin felt that if the Commission could
enforce neatness in industrial parks it would be very helpful.
Upon motion made by Col. Myers, seconded by Mr. Kirk,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve an ordinance to amend the Frederick County Code, Chapter
21, Zoning, Article XIV, M -1 (Light Industrial) District, as follows:
4 -2 PERMITTED USES
By deleting Paragraph 14- 2 -1.3:
All outside storage shall be fully screened in accordance with Section 14 -3
of this article and all outside storage areas shall be identified on the
site plan.
14 -3 REQUIREMENTS FOR PERMITTED USES
By amending Paragraph 14 -3 -2 to read:
Permitted uses shall be conducted wholely within a completely enclosed
building or within an area shown on the site plan.
An ordinance to amend the Frederick County Code requiring screening in the
M -2 District.
Upon motion made by Mr. Stiles, seconded by Mr. Kirk,
I
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve an ordinance to amend the Frederick County Code, Chapter
21, Zoning, Article XV, M -2 (Industrial General) District, as follows:
Section 15 -4 Requirements for Permitted Uses:
Paragraph 15 -4 -2 Permitted uses shall be conducted wholely within a
completely enclosed building or in an area shown on the
site plan. Within any required yards there may be
required adequate landscaping and /or screening to protect
surrounding property from adverse affects. The extent of
such required landscaping and /or screening shall be
determined by the administrator who may refer the matter
to the Planning Commission.
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TRANSPORTATION COMMITTEE REPORT
Mr. Gyurisin presented a report by the Frederick County Transportation
Committee.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned.
Respectfully submitted,
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Frank Brumback, Chairman