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PC_10-02-85_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 October 2, 1985. PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr., Vice - Chairman; A. Lynn Myers; Manuel C. DeHaven; Kenneth Y. Stiles; Marjorie H. Copenhaver; S. Blaine Wilson ABSENT: George Romine; Carl M. McDonald CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. The first order of business was the appointment of an acting Secretary to the Planning Commission. Upon motion made by Mr. Golladay, seconded by Col. Myers, the Planning Commission unanimously appointed John R. Riley to serve as acting Secretary to the Planning Commission. INTRODUCTION OF S. BLAINE WILSON Chairman Brumback introduced Mr. S. Blaine Wilson, the new Planning Commission representative for the Shawnee Magisterial District. MINUTES The Planning Commission next reviewed the minutes of September 18, 1985. Mr. Stiles requested that the minutes state that he abstained from voting on the Frederick - Winchester Service Authority Site Plan because he is a member of Frederick - Winchester Service Authority. Mr. Golladay asked that his comments on general highway safety for this same site plan be included in the minutes. Upon motion made by Col. Myers, seconded by Mr. Stiles, the minutes were unanimously approved with the additions discussed. BIMONTHLY REPORT The Chairman accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Sanitation Authority Mr. Stiles stated that the Sanitation Authority did file a request with the State Board of Health to apply sludge to about 7.5 acres on the property immediately adjacent and south of the Sanitation Authority property. Mr. Stiles said that the Service Authority held a public hearing last week and there were several objections from the neighbors. He said the Board of 2126 -2- Supervisors has requested the Sanitation Authority to determine the feasibility of using a location not so near to houses. SITE PLANS Site Plan #026 -85 of Jo -Lynn Manufacturing Company to construct a 10,752 square foot clothing manufacturing and office facility. ACTION - Approved Mr. Riley read the background material. Mrs. Evelyn Homa, President of Jo -Lynn Manufacturing Company, came forward. Mr. Stiles asked Mrs. Homa if the square footage of the proposed building was substantially less than what she proposed to add onto the existing building on Route 522 South. Mrs. Boma replied that this new proposal had more square footage than her first proposal. Mr. Stiles expressed concern about the status of the Highway Department's improvements at the entrance of Stine Park and Brick Kiln Road. Mr. Stiles said that the Highway Department had stated that the signalization and relocation of the road would be completed this fall. Mr. Stiles said that as more industries go into the area where Jo -Lynn Manufacturing is proposing to locate, the existing problem will worsen. Upon motion by Mr. DeHaven, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan 1026 -85 of Jo -Lynn Manufacturing Company to construct a 10,752 square foot clothing manufacturing and office facility with required site improvements located at Lot 14, Baker Lane Industrial Park, in the Stonewall Magisterial District. Site Plan X6027 -85 of Jefferson National Bank to construct a 1,920 square foot branch bank with drive - through facilities. ACTION - Approved 2127 -3- Mr. Riley gave the background information. Mr. Riley said that the architect is proposing two entrances and two exits from the property to minimize conflicts with grocery store traffic and bank traffic. Mr. Golladay asked if the fire hydrant was shown on the site plan and Mr. Riley pointed to its location on the site plan. Mr. Lowell B. Baughan, architect, and Mr. W. A. Pace with Jefferson National Bank were present to answer questions. Mr. Pace felt the requirement of the fire hydrant was too strict because a hydrant is already present towards Kentucky Fried Chicken approximately 385 feet and another is located approximately 650 feet away on Stickley Drive. Mr. Pace also commented that Mr. Scully was not satisfied with the exact location of the side road between the existing facility and the new proposed one. Mr. Thomas Scully, owner of the property, said that that his property was already accessible to two hydrants. He felt a hydrant was needed on the north side of Route 277, not on this property. Chairman Brumback stated that the fire safety policies recommended by the Fire Safety Committee require that a hydrant be located within 300' of all portions of a building. Mr. Riley said these policies are to be adopted into the Ordinance at the Board meeting on October 9, 1985. Upon motion made by Mr. Golladay, seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #027 -85 of Jefferson National Bank to construct a 1,920 square foot branch bank with drive - through facilities and site improvements as shown on the site plan. This branch bank is to be located at the corner of Route 277 and Stickley Drive on the site of Toney's Supermarket in the Opequon Magisterial District. The vote on this site plan was: YES: Messrs. Brumback, Golladay, Myers, Wilson, DeHaven, and Mrs. Copenhaver NO: Mr. Stiles 2128 -4- Mr. Stiles noted that he voted against the motion because he felt the requirement for the fire hydrant was in excess of what the ordinance requires. Mr. DeHaven felt that when development occurs on the opposite side of Route 277, a hydrant should be required there so Route 277 is not blocked by using the hydrant on the Scully property. Site Plan #028 -85 of Howard Shockey and Sons to construct a 51,200 square foot warehouse facility. ACTION - Approved Mr. Riley gave the background information. Mr. Donald Shockey, applicant, said that this will be a standard concrete building used for warehousing. Col. Myers inquired about employees. Mr. Shockey said that Amoco Foam is proposing to use this building and they have stated that there may be two to three full -time employees. Mr. Stiles asked Mr. Shockey if he would still lease the building to Amoco if IDA bonds were unavailable Mr. Shockey said there are several sources of funding available to them. Upon motion made by Mr. Stiles, seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #028 -85 of Howard Shockey and Sons to construct a 51,200 square foot warehouse facility and required site improvements to be located in the Fort Collier Industrial Park in the Stonewall Magisterial District. If this structure is used for anything other than a warehouse, it must be approved by the Planning Commission. PUBLIC HEARINGS Rezoning Request #008 -85 of Donald L. Fowler to rezone 202.75 acres from A -2 (Agricultural General) to RP (Residential Performance) and MR-1 (Mobile Home Community). 2129 -5- ACTION - Approved Mr. Riley read the background material. Mr. Stiles stated that during the down- zoning five years ago, he thought that five acres around the shale pit had been left zoned EM (Extractive Manufacturing). Mr. Riley stated that according to the tax maps, that five acre tract is not indicated as zoned Extractive Manufacturing or Heavy Industrial. Mr. Harry Benham stated that he was representing the applicant, Mr. Donald Fowler, as well as representing Alson Smith of Frederick County and Sohn Driggs Company of the Washington - Baltimore area, who have entered into a joint venture with Mr. Fowler in regard to this proposed project. Mr. Benham proceeded to describe the proposed project for the Commission. Some of the highlights of the development described by Mr. Benham are underground utilities, hardsurfaced roads, avoidance of straight roads, off street parking, a lake to separate the two zones, and the manufactured homes are to have foundations with shingled roofs. Mr. Benham also stated that the density will be four units per acre for the overall development. In answer to Chairman Brumback's question, Mr. Benham said that the single- family homes in the RP District will be sold; the spaces in the MH zone will be rented and the mobile homes sold. Mr. Charles Maddox described the engineering aspects for this development. He noted that water and sewer are available, all flood areas will remain as open space, and drainage will be focused into one area. Mr. Stiles inquired if the internal roads would be built to State standards. Mr. Benham said that although a decision has not yet been made on the internal roads, Warner Lane from Route 7 to the property will be built to 2130 State standards. Mr. Stiles noted that past experience has shown that law enforcement on dedicated roads is more effective. Mr. Steve DeHaven, adjoining property owner, came forward and stated that he was not opposed to the single - family residential section, but he was opposed to the mobile home section. The reasons for opposition given by Mr. DeHaven were that less tax dollars would be received from mobile homes than from traditional homes; law enforcement may be a problem in this type of development; and depreciation of adjoining properties. Mr. DeHaven said that during periods of heavy rain, the lower portion of his property and the Costello property is under water and he was concerned that development of the area would worsen the problem. Mr. DeHaven was also concerned about upkeep on the appearance of the mobile home section in future years. Mr. Stiles said that he talked with several people in the area and their primary concern was that the main entrance to the development would be Wilson Lane (State Route 1220). Mr. Stiles noted that this will not be the situation, as the applicant has stated that Warner Lane will be used as the main entrance. After some general discussion on the best use of this property, Mr. DeHaven moved for approval of the rezoning as submitted. This motion was seconded by Mr. Wilson and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #008 -85 of Donald L. Fowler to rezone 202.75 acres from Agricultural General to Residential Performance acres) and Mobile Home Community (169.47 acres) for single - family residences and manufactured homes for planned residential development. This property is located at the end of Warner Lane leading northeastward from Route 7, just east of the intersection of Route 7 with Route 81 in the Stonewall Magisterial District. Rezoning Request #009 -85 of Ronnie Ward to rezone 3.4 acres from A -2 (Agricultural General) to RP (Residential Performance). ACTION - Approved 2131 iC Chairman Brumback stated that although he has no financial interest in this rezoning, he is involved in another project with the applicant and, therefore, will relinquish the chair to Vice - Chairman Golladay. Chairman Brumback did not participate in any of the discussion of this application. Mr. Riley gave the background information. Mr. Ronnie Ward, owner and developer of the subdivision, was present to answer questions. In answer to Mr. DeHaven's question, Mr. Ward said the actual size of the lots had not yet been determined, but he planned on placing single - family cluster homes on the front portion of the property and duplexes to the rear. Mr. DeHaven noted that the preliminary lot layout indicates that there will be 16 homes, a street, and a cul -de -sac on 3.4 acres. Mr. DeHaven felt this was changing the trend of development since the balance of the homes in the area were single- family homes on one -acre lots. Mrs. Lennie Mather from Dixie Bell Drive in Burning Knolls was opposed to this rezoning. She felt the density of development was significantly different from the existing housing pattern. Mr. DeHaven moved to deny this rezoning request, but this motion died due to a lack of a second. Upon motion made by Mr. Stiles, seconded by Col. Myers, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #009 -85 of Ronnie Ward to rezone 3.4 acres from A -2 (Agricultural General) to RP (Residential Performance) for the development of single - family detached and /or attached residential building lots. This property is located on the northern side of Route 657, approximately one mile past Route 656 in the Shawnee Magisterial District. The vote on this application was as follows: YES: Mrs. Copenhaver and Messrs. Myers, Stiles, Golladay NO: Mr. DeHaven ABSTAIN: Messrs. Brumback, Wilson 2132 W11 Conditional Use Permit #010 -85 of Cheryl L. Anderson for a kennel. ACTION - Approved Mrs. Cheryl L. Anderson, applicant, stated that there will be 30 kennel runs; hours of operation will be from 8:00, a.m. to 7:00 p.m. Monday through Friday, and Saturday from 8:00 a.m. to 1:00 p.m., and closed on Sundays; and the dogs will be locked in the kennel after the hours of 9:00 p.m. for noise control. Mrs. Anderson said that the site distance will be 550' east of Route 600, behind the existing barn. Mr. Herbert Sluder of the Frederick - Winchester Health Department said that the final design for the health system for the animals will be handled by the State Water Control Board and State Health Department. Mr. Sluder said that he did not foresee any problems. Mr. Stiles moved for the addition of two conditions to be added to those in the staff comments. This motion was seconded by Mr. Golladay and unanimously approved. Upon motion by Mrs. Copenhaver and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #010 -85 of Cheryl L. Anderson for a concrete building for a kennel to be located on the east side of Route 600, approximately three miles south of Route 50 and approximately 1/2 mile from Shawneeland in the Back Creek 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. 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 dog population will be limited to 30. 4. The kennel building is to be located over the rise in the property behind the existing barn, as specified in the application. The vote on this application was: 2133 st YES: Mrs. Copenhaver and Messrs. Myers, Stiles, Brumback, Golladay, DeHaven ABSTAIN: Mr. Wilson DISCUSSION OF THE GILBERT MILLS CONDITIONAL USE PERMIT FOR A SAWMILL Mr. Riley said that he has received complaints on a steady basis from the adjacent property owners on the Gilbert Mills conditional use permit for a sawmill located at the southeast part of the county. Mr. Riley said that the neighbors have reported that there has been no activity at the sawmill and they are requesting that it be advertised for withdrawal. Mr. John Paul, adjoining property owner, stated that the actual sawmill is still on the property, but it has not been used. Mr. Paul said that the property he is concerned about is on the market and the sawmill discourages prospective buyers from purchasing the property. The Commission requested the staff to contact Mr. Mills and ask him to attend the next Planning Commission meeting in order to give Mr. Mills an opportunity to express his feelings on the matter. An.TniTRNMFNT There being no further business to discuss, the meeting adjourned. Respectfully submitted, , Frank B�ck, Chairman John R. Riley, Secretary 2134