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HomeMy WebLinkAboutPC_09-01-76_Meeting_MinutesMINUTES OF THE MEETING OF THE • FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room September 1, 1976 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; George G. Snarr, Jr.; Elmer Venskoske; Thomas B. Rosenberger; R. W. Williams NONE ABSENT CALL TO ORDER The Chairman Called the Meeting to Order and proceeded to the First Order of Business. MEETING MINUTES - August 18, 1976 - Approved with Corrections Upon motion made by James Golladay, Jr., seconded by George G. Snarr, Jr. and • approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the Minutes of the Meeting of August 18, 1976 as written with the following corrections: p 1 ... ADD to list of Abandonment /Storage Study Committee, "Planning Commission Chairman" p 6 ... ADD to "YES" vote on Conditional Use Permit No. 62, "Elmer Venskoske ". ANNOUNCEMENTS Mr. Berg announced new parking arrangements for the County as per the resolution by the Board of Supervisors of August 25, 1976. Mr. Berg also announced the resolution by the Board of Supervisors of August 25, 1976 that directed the Commission to draw up a twenty -year Capitol Facilities Plan for water and sewer facilities, public buildings, etc. Mr. Berg announced, later in the meeting, the joint Public Hearing (Planning 40 Commission and Board of Supervisors) is to be held at 7 P.M. in the Board of Super- visors' Room on September 22, 1976. 128 (PC 09/01/76) p 2 COMMITTEE APPOINTMENTS Mr. Berg stated that the Board of Supervisors had appointed Mr. Thomas B. Rosenberger • to the Brumback Study Committee of Costs and Revenue of Single - Family Dwellings and Mr. Will L. Owings to represent the Board on the Beautification Committee He mentioned the need fora study committee to consider what changes, if any, should be made to the Zoning Ordinance for existing structures that are nonconforming. Two areas, he said, of pressing importance are the lot area requirements in Sunnyside;.and industrial and commercial construction in agricultural zones. He also said that the first item would be of such a recurring nature that it should be handled by the Com- mission rather than by Public Hearings before the Board of Zoning Appeals. He also said that water and sewer maps would be available of the lots directly affected. He suggested that the subject would not be controversial, rather that it should be handled internally by the Commission. Mr. R. Wesley Williams stated that quite a few of these lots measure 50' X 50' or • 75' and could not have septic tanks and may want to add a bathroom upon water and sewer availability. The Chairman appointed a committee to study nonconforming, existing structures that included both items suggested by Mr. Berg: Elmer: C.: . DeHaven and George G. Snarr Jr. CONDITIONAL USE PERMITS No. 070_DOWLING COMPANY, INC. to erect one location sign (10'X32') advertising BONANZA on twenty acres (M -2) located at intersection of Routes 50 (Millwood Pike) and 728 (Ford's Lane). Action - Approval Motion Defeated Mr. Berg stated that Dowling Company, Inc. is lessee of property owned by Spectrum Properties, Inc. Mr. Robert Cooper appeared to represent Dowling Company, Inc. (the applicant) and as proposed. 129 stated that Dowling has an agreement with Spectrum for removal of the sign in the • event the land would be developed. He stated his interpretation of federal and state sign regulations, and that the pertaining federal agency is agreeable with the sign as proposed. 129 (PC 09/01/76) p 3 The Chairman asked the Commissioners to give an opinion of the application, while also considering the frequency of such applications. • Mr. DeHaven was not in favor of tabling the proposal -- that a work session should be scheduled for consideration of future applications. Messrs. Snarr and Golladay stated that they agreed with Mr. DeHaven's opinion. Mr. Venskoske opined that prolonging the issue would be inadvisable because the magnitude would grow. The Chairman said that he felt the fact that the sign is proposed on a major high- way and arresting this type of activity is important, and that he would like to see the application tabled for discussion. The motion to recommend approval made by George G. Snarr, Jr., seconded by Manuel C. DeHaven, was defeated by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr. - YES, Venskoske; Brumback; Chairman - N0. The Chairman addressed Mr. Cooper when he stated that the County will definitely • take a look at this situation. Mr. Cooper stated that he didn't understand the Commission's action. The Commission recessed for fifteen (15) minutes. The Chairman welcomed Mr. Rosenberger as again being Board Liaison to the Commission. PUBLIC HEARINGS Zoning Map Amendment Petition No. 019 -76 James E. and C. Frederick WISECARVER, Route 1, Box 467, Winchester, VA hereby request that 1.144 acres, more or less, (lots 1,16,17, 18) fronting Drive at its intersection with Route 522, in Funkhouser Addition, now zoned Residential, Limited (R -1) be rezoned Business, General (B -2). This property is designated as Nos. 04000001, 04000016, 04000017, 04000018 on tax map 064B and is in Shawnee Magisterial District. Action - Recommended Denial Mr. Berg stated that the proposal included 76.64' frontage and 370' depth, antique shop with retail a 60' X 80' block building addition to existing building. Mr. Berg quoted the review commend by the Fredreick- Winchester Health Department, • dated September 1, 1976 and signed by Mr. Paul E. Musik: "Health Department has visited these premises. This property has existing house and drainfield. From all visual indications this system is functioning satisfactorily. Health Department has no objections to thisdrainfield being used for proposed busi- ness." 130 (PC 09/01/76) p 4 Mr. Benjamin M. Butler appeared as representative, with Messrs. Wisecarver for advisement. He stated that the proposed building will be attached to the existing • building that is presently occupied, but will be used for the proposed antiques busi- ness -- not including a gas station or an auction house. He said that James Wise- carver is presently established in the antique sales business in conjunction with Jimmie's Auction House. He said that, due to the 35 -foot setback requirement, the proposed building would be situated at the back of the lot with the rest of the area lending itself to parking or for cosmetic effect. He stated that the operating hours would be from 10 to 5 with.entrance from Shawnee Drive that-stems from Route 522 (which does allow good visibility). He also said that he did_not feel that =the area can now be considered to be primarily residential and that the proposal is compatible with the Land Use Plan. Mr. Venskoske asked if these particular lots were restricted by deed covenant • against business application to which Mr. Butler said that he had not searched the deed and Mr. Berg said that the deed for lots 17 and 18 stated, "This property is sold for residential use only." Mr. Butler stated that he considered that to be a private contract and inconse- quential those restrictions can only be enforced by the residents in the subdivision. Upon being questioned, he replied that First Street is in existence. He stated that the Wisecarvers had inherited the property from their mother in Nov- ember, 1974. Opposition Mr. Bob Stotler submitted a petition to the Chairman and stated that he owns property 180 feet South of the proposal, and that he has been a member of the rescue squad for seven years. He stated that Route 522 is a terrible piece of road with a very hazardous interchange at Shawnee Drive, and that they are located on a • deadend street. He cited rural aesthetic opposition reasons of property that is completely, he said, surrounded with dwellings. 131 (PC 09/01/76) p 5 Opposition Mr. Jack Kelly appeared before the Commission and stated that he had lived on First • Street since December, 1975. He objected to the proposed business use in a residen- tial neighborhood; traffic flow too hazardous considering the small children. He said that the self - service gas station operates during limited hours; and that their property does not abutt Route 81. He admitted that eventually the area may become commercial, but he would rather it not happen now. Opposition Mr. Charles Courtney appeared before the Commission and stated that he has lived on Shawnee Drive for approximately nine years. He questioned using Shawnee Drive as an entrance because of the hazardous intersection that is especially dangerous in the wintertime. He cited an existing antique shop in the area that is in violation. Opposition Mr. Melvin Spitler appeared before the Commission and stated that his property • adjoins the proposal. He cited the 45 mile - per -hour speed limit that is constantly violated resulting -in four deaths in the vicinity of the store to where the drive goes into the new church. He said that he had lived there since he built his house in 1937 and would like to see the property kept residential. Opposition Mrs. Pauling (Melvin) Spitler appeared before the Commission and objected to the sewage overflow. Rebuttal Mr. Butler stated that he was surprised at the complaint about the sewerage system because the existing house contains no bathroom; that the Health Department had sub- mitted their report; that apparently people do not obey the posted speed limit; and that the proposal is only for daylight hours. Mr. James Wisecarver stated that Mr. King, Highway Department, was satisfied • with their entrance. 132 (PC 09/01/76) p 6 Opposition the road is bad. Upon motion made by George G. Snarr, Jr., seconded by the Chairman (for purpose of discussion) and approved by the following vote: Snarr, Jr.; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES, Venskoske - ABSTENTION, DeHaven - NO: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend denial to the Board of Supervisors of said County of the Zoning Map Amendment Petition No. 019 -76 James E. and C. Frederick WISECARVER, due to the area's general ! complexion and the objection to spot zoning. Zoning Map Amendment Petition No. 018 -76 Fred L. GLAIZE, III and Ann GLAIZE, P. 0. box 598, Winchester, Virginia hereby request that 149.960 acres, more or less, located North of Burnt Factory, fronting the East side of Route 664 and North side of Route 660, now zoned Agricultural, General (A -2) be rezoned: Residential, Limited (R -1). This property is designated as No. 27 on tax map 45 and is in Stonewall Magisterial District. • Action - Recommended Approval Mr. Berg quoted the Review Comments by the Frederick - Winchester Health Department of August 26, 1976 and signed by Messrs. Paul E. Musik and E. C. Millar: "This is to advise that a soil evaluation has been conducted by the Frederick County Health Department. Lots #1,2,3,4,5,6,7,8,9,10,11,12, and 13 of the proposed Fred Glaize Farm. The soil evaluation was conducted by digging test holes with a back -hoe to a depth of approximately 3 feet. The above lots appeared to be suitable for the installation of septic tanks and subsurface drainfields to serve 3 bedroom dwellings. A suitable site was found on the 5 acre tracts that were evaluated in the rear of the 3 acre lots. Understood that each lot is subject to approval or disapproval on an individual lot basis as to the location of the water supply and the installation of the sewage disposal system." Mr. Bill J. Tisinger appeared to represent the applicants and reiterated some of the information that had been presented at2the Public Hearing of August 4, 1976. He emphasized that the subdivision would be more attractive as proposed rather than with five -acre lots along the road frontage. He said that Mr. Stillwell (who is not in opposition) lives behind the proposal. Mr. Golladay asked if sparse ownership of lots would result in a larger burden for road maintenance. 133 A lady appeared before the Commission (appeared to have been Mrs. Stotler) and • stated that they had lived on Route 522 for 22 years; that the septic is bad; and the road is bad. Upon motion made by George G. Snarr, Jr., seconded by the Chairman (for purpose of discussion) and approved by the following vote: Snarr, Jr.; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES, Venskoske - ABSTENTION, DeHaven - NO: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend denial to the Board of Supervisors of said County of the Zoning Map Amendment Petition No. 019 -76 James E. and C. Frederick WISECARVER, due to the area's general ! complexion and the objection to spot zoning. Zoning Map Amendment Petition No. 018 -76 Fred L. GLAIZE, III and Ann GLAIZE, P. 0. box 598, Winchester, Virginia hereby request that 149.960 acres, more or less, located North of Burnt Factory, fronting the East side of Route 664 and North side of Route 660, now zoned Agricultural, General (A -2) be rezoned: Residential, Limited (R -1). This property is designated as No. 27 on tax map 45 and is in Stonewall Magisterial District. • Action - Recommended Approval Mr. Berg quoted the Review Comments by the Frederick - Winchester Health Department of August 26, 1976 and signed by Messrs. Paul E. Musik and E. C. Millar: "This is to advise that a soil evaluation has been conducted by the Frederick County Health Department. Lots #1,2,3,4,5,6,7,8,9,10,11,12, and 13 of the proposed Fred Glaize Farm. The soil evaluation was conducted by digging test holes with a back -hoe to a depth of approximately 3 feet. The above lots appeared to be suitable for the installation of septic tanks and subsurface drainfields to serve 3 bedroom dwellings. A suitable site was found on the 5 acre tracts that were evaluated in the rear of the 3 acre lots. Understood that each lot is subject to approval or disapproval on an individual lot basis as to the location of the water supply and the installation of the sewage disposal system." Mr. Bill J. Tisinger appeared to represent the applicants and reiterated some of the information that had been presented at2the Public Hearing of August 4, 1976. He emphasized that the subdivision would be more attractive as proposed rather than with five -acre lots along the road frontage. He said that Mr. Stillwell (who is not in opposition) lives behind the proposal. Mr. Golladay asked if sparse ownership of lots would result in a larger burden for road maintenance. 133 (PC 09/01/76) p 7 Mr. Tisinger replied that they can, as developer, reasses for the road improvements until all the lots are sold and pay the difference. • Discussion followed of the widening of Route 660, and Mr. Berg stated that Opequon Estates will have lots platted on the opposite side of the road. Mr. DeHaven opined that the proposal is something that Frederick County has been looking forward to. Upon motion made by George G. Snarr, Jr., seconded by Manuel C. DeHaven and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES, Venskoske - NO: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of said County the Zoning Map Amendment Petition No. 018 -76 Fred L. GLAIZE, III and Ann GLAIZE. LFPDC Planning Assistance (FY76 -77) with Comprehensive Plan Chapters Action - Recommended Approval Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; • Rosenberger; Chairman - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of said County the budgeted expenditure of nine hundred dollars ($900) to the Lord Fairfax Planning District Com- mission ( LFPDC) for planning assistance with the following chapters of the Comprehen- sive Plan (FY 76 -77): Economic Analysis, Transportation Component, Community Facilities, and Recreation Chapters. ADJOURNMENT Upon motion made by Elmer Venskoske, seconded by James Golladay, Jr. and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting; there being no further business. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. Respectfully Sub H. Ronald Berg, Secretary 0 C. LangdoN Gordon, Chairman • 134 L A