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PC_02-18-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, February 18, 1981 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; James Golladay; Kenneth Stiles *; Manuel C. DeHaven; W. French Kirk; A. L. Myers. *Mr. Kenneth Stiles will refrain from voting during this meeting. CALL TO ORDER Chairman Gordon noted that the first consideration of the meeting would be the minutes of 10/15/80, 10/28/80 and 11/5/80. Mr. Golladay noted that on the third page of the first set of minutes Mrs. Stefen should be Ms. Stefen and that in third set on page 3, Route 11 and Route 522 should be Route 11N and Route 522N. Mr. Golladay also noted that on Page 4, 3rd paragraph of those same minutes, Mr. Conrad should be Mr. Mark Conrad. There being no further corrections, Mr. Golladay made a motion to approve the two sets of minutes as corrected. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT In answer to Mr. Stiles' question, Mr. Riley explained that approximately 50% of the trailers indicated in the report were replacement trailers. Mr. Riley also explained that there is some activity starting on single family building permits. In answer to Mr. Golladay's inquiry, Mr. Riley explained that it is not the responsibility of the Commission to notify people of their restrictive covenants. Chairman Gordon next accepted the Bimonthly Report as information. SITE PLANS Site Plan Request #019 -80 of SSS Associates, Zoned M -1, 2.5 Acres in the Stonewall Magisterial District. ACTION - Tabled for Two Weeks The Secretary first gave the background information and further located the property on a visual aide. Mr. Riley 1251 -2- explained that a mini - warehouse is set up so that a person could rent storage space and the resident caretaker's home is there for security. Mr. Riley noted that the Planning Department looked upon this as a secondary use to the principle use. Mr. Stiles next questioned if Mr. Toan and Mr. Emmerson came in with the same request, would it be allowed. Mr. Riley noted that this request is part of a warehouse request. Mr. Gordon noted that the setting of precedent needed to be addressed in this situation as there is a total of 600 acres in the general area and other M -1 and M -2 zones in the County. Mr. Riley explained that this is set up as a warehouse rental storage and the individual has to be there to allow the person using the facility to get in and out. Mr. Riley added that the staff merely takes a proposal on a case by case basis to determine the validity of the proposal. Mr. Lee Ebert next came forward and introduced himself to the Planning Commission as representing Mr. Spaulding. Discussion next ensued regarding the intended use of the residential attachment in the zone and it was determined that Mr. Ebert would have difficulty answering without the applicant being present. Mr. Stiles made the suggestion that allowing a residence in an industrial park could be awkward, because school buses would then be required to enter to pick up children, etc. Mr. Golladay also expressed concern with regard to the asphalting of such a large area and the drainage. 1252 -3- In addressing this, Mr. Ebert noted that 95% compaction would give you some seepage. Mr. Brumback commented that there is too much of the 2.5 acres being asphalt coated and water runoff could be a problem and also added that he was not in favor of any residents on M -1 land. It was the consensus of opinion of the Planning Commission that more particulars on the residential application need to be known. Mr. Brumback made a motion to table for two weeks any further consideration of the Site Plan Request. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission does hereby table further action on Site Plan Request #019 -80 of SSS Associates for two weeks. DISCUSSION OF ZEIGER REQUEST Mr. Eds Coleman came forward and introduced himself to the Commission, noting that the property was agriculturally zoned and that improvements, such as access, had been made before it was downzoned to agriculture in good faith. Mr. Coleman added that at the time it was purchased it was zoned B -2. Mr. Coleman added that Mr. Zeiger was from out of the area and did not know the property was being downzoned. Mr. Coleman commented that the purpose of coming before the Planning Commission today was to bring to the Commission information as to how the property was zoned previously and to explain the expenses incurred and to make the Planning Commission aware of vested rights. 1253 -4- Mr. Stiles commented that at the time of downzoning, vested rights would have been pertinent. Mr. Coleman stated that all they were asking is that the Planning Commission consider the expense incurred on this property. Mr. DeHaven made a motion to table further discussion of this consideration until after the Public Hearing. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table further discussion on the Zeigler request until after Public Hearing. PUBLIC HEARING Rezoning Petition #019 -80 of William Enders and Larry Cook, from A -1 to EM, 10.1 acres, in the Back Creek Magisterial District. ACTION - Recommend Denial The Secretary first gave background information and explained, with the use of a visual aid, where the watershed and platted subdivision were located. Mr. Kermit Racey came forward and explained that he was representing Mr. Larry Cook and Mr. William Enders. Mr. Racey explained that his clients have a valid existing lease with the owners of the property. Chairman Gordon next questioned the validity of the lease. Mr. Racey stated that there is a lease. Mr. Racey also noted that environmental impact has been mentioned as a concern and yet, no one has outlined this impact. Mr. Racey contended that this is a rural area and that a rural area is where mining 1254 -5- should be located. Mr. Racey added that there is only one dwelling within view of the site, that the availability at this location is necessary for commercial business in the area and would otherwise have to be brought in from outside the area. Mr. Racey added that his clients do not intend to do anything except mine the sand off the land with a frontend loader, with no processing on the site. Mr. Racey also commented that Mr. Mark Davis, of the SCS Office had looked at the site and has advised that a 54" or 60" culvert is all that is required to insure that the stream is not polluted, adding that the operation will be away from the stream. Mr. Racey continued, explaining that Mr. Cook is aware that there are restrictions of the EM District that must be adhered to and further noted that this area is barely visible from Route 55. Mr. Racey also added that there would only be two trucks, five days a week and none on holidays or weekends. Mr. Racey also contended that the State must rule on the road situation. Chairman Gordon noted that the roads do have to be taken into consideration as they have an impact on the final decision. Mr. Racey next explained some of the legal terms included in the lease for the Planning Commission and also discussed with the Planning Commission past actions of Mr. Cook with regard to mining in the area. Mr. Racey also explained that Mr. Cook has not done any said mining since July of last year. Mr. Ambrogi advised the Planning Commission that the merits of the lease need to be addressed and suggested that the 1255 Planning Commission table this matter until it is resolved as to the validity of the lease. Mr. Golladay made a motion that a letter from Mr. Ambrogi dated February 17, 1981, be made a part of the minutes. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the letter from Lawrence R. Ambrogi, Commonwealth Attorney for Frederick County, dated February 17, 1981, be made a part of the Frederick County Planning Commission Minutes. February 17, 1981 John R. Riley, Director Planning & Development Frederick County, Va. P.O. Box 601 9 Court Square Winchester, Va. 22601 Re: Sand and Gravel Lease Between Raymond Brill, et al and Larry Cook, t/a Massanutten Sand and Stone Company Dear John: After reviewing the above - captioned lease and having met with John R. Prosser, Esquire, attorney for Raymond and Percy Brill, I am of the opinion that certain provisions and conditions of this lease have not been complied with and consequently, it is no longer valid. Therefore, the Massanutten Sand and Stone Company does not have standing to appear before the Frederick County Planning Commission to request a re- zoning of the property described in said lease. If you have any further questions regarding this matter, please do not hesitate to contact me. Sincerely yours, Lawrence R. Ambrogi, Commonwealth Attorney for Frederick County, VA. LRA /acr Chairman Gordon next asked for any person wishing to speak either in favor or opposing this request. 1256 -7- Mr. Riley noted that he had two letters submitted to his office this week. Ms. Debra Brumback came forward and introduced herself to the Planning Commission as representing the Star Tannery Citizens for Action. Ms. Brumback presented a petition and asked that the number of people present be acknowledged. Ms. Brumback commented that it is addressed in the EM District that an individual is compelled to show that soils and water will not suffer environmental impact, adding that the burden of proof must be with the petitioner. Ms. Brumback also contended that the question of enforcement must also be addressed, as it is limited. Ms. Brumback contended that this zoning would be spot zoning. Ms. Brumback added that the impact on the roads in the area would be considerable and that since the mining stopped in July, Mr. Cook has made no attempt to reclaim the area already mined. Ms. Brumback summarized by saying that the Star Tannery Citizens for Action oppose this rezoning request because of the potential for water, soil and air pollution. Mrs. Cyreal Wilson next noted that the operation can be seen from Route 603 and added that expansion would make it more visible. Mr. James W. Goelich next came forward and stated that he represented the Back Creek Ruritan Club and explained that they had voted to oppose the rezoning. Mr. Goelich stated that this radical change would erode existing property owners of their rights and effect health, safety and welfare. Mr. Goelich 1257 am concluded that Star Tannery is fighting for all of Frederick County. Mr. Golladay next made a motion that the petition submitted be made a part of the minutes. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the petition dated February 15, 1981, be made Planning Commission Minutes. introduced by Ms. Debra Brumback, a part of the Frederick County THE UNDERSIGNED OPPOSE A STRIP MINING OPERATION IN THE STAR TANNERY AREA AND REQUEST THAT MEMBERS OF THE FREDERICK COUNTY PLANNING COMMISSION AND THE BOARD OF SUPERVISORS CAREFULLY CONSIDER THE ENVIRONMENTAL AND ECOLOGICAL DAMAGE SUCH AN OPERATION WOULD CAUSE AND ALSO TO CONSIDER THE WISHES OF THE MAJORITY OVER THE DESIRE OF THE MINORITY. WE REQUEST THE DENIAL OF ANY AND ALL REZONING APPLICATIONS, RELATIVE TO SAND MINING IN THE STAR TANNERY AREA. /s /Guy William Renner Guy William Renner /s /Clyde McClur,_Jr. Clyde McClur, Jr. /s /Clyde McClur, Sr. Clyde McClur, Sr. /s /Sandra R. Montgomery Sandra R. Montgomery /s /Lester S. Jackson Lester S. Jackson /s /Shirley G. Himelright Shirley G. Himelright /s /L. F. Himelright L. F. Himelright /s /Ross Zanar Ross Zanar /s /J. W. Gulick J. W. Gulick /s /Elizabeth B. Gulick Elizabeth B. Gulick 1258 /s /Evelyn Utterback Evelyn Utterback /s /Michael Copeland Michael Copeland /s /Margaret Yentzer Margaret Yentzer /s / La Rita Bralber La Rita Bralber /s /Ronnie Yentzer Ronnie Yentzer /s /Robert Yentzer Robert Yentzer /s /Mickey M. Rimen Mickey M. Rimen /s /Kenneth Reynolds,_Jr_. Kenneth Reynolds, Jr. /s/Joanne Hawkins Joanne Hawkins /s /Bruce ;.Hawkins Bruce S. Hawkins CM /s /David Lee Brill /s /Danny R. Kimble David Lee Brill Danny R. Kimble /s /Mary Ellen Farrar /s / Eldon Kimble Mary Ellen Farrar Eldon Kimble /s /Rachel R. Brill /s /G olden Kimble Rachel R. Brill Golden Kimble /s /Eadline J. R enner /s /Ray Br Eadline J. Renner Ray Brll /s /Mamie M cIlwee /s /Joann Brill — M m e McIlwee Joann Brill /s /Esther C. Moore /s / Ricky Renner Esther C. Moore Ricky Renner /s /Cyreal Wilson /s /Melvin O. Moore Cyreal G. Wi lson Melvin 0. Moore /s /R L. Neff /s /Gay R udolph Richard L. Neff Gay Rudolph /s /Margaret B. Maroney /s /Edna Ennelt Margaret B. Maroney Edna Ennelt /s /Mary and Ri chard Redman /s /Vernon Shrout Mary and Richard Redman Vernon Shrout /s /Jo W. Sheetz /s_ /_Paul R. Himikiflat Jo W. Sheetz Paul R. Himikiflat /s /Lu W. Sheet /s / Dallas Everett Lu W. Sheetz Dallas Everett /s /Charles Utterback /s /Linda S. Reynolds Charles Utterback Linda S. Reynolds Mr. Richard Neff next came forward and introduced himself to the Commission, noting problems with the roads. Mr. Charles E. Boyd next came forward and introduced himself as being the chairman of the Stream Standards Committee. Mr. Boyd stated that this type of mining operation cannot be allowed in the area if stream standards are to be maintained, adding that other evidence of this has been happening in the County. 1259 -10- Mr. Sam Crovatta next came forward and noted that he lived approximately 600 yards from the Brill property and noted concern that this request will bring property values down and produce noise and also have an adverse affect on the roads in the area. Mr. Crovatta also expressed concern that this operation could some day look like the one at Gore. Mr. John Prosser, representing Mr. Brill, next came forward and explained that it was his client's feeling that the lease was invalid. Mr. Raymond Brill also came forward and introduced himself to the Commission and explained that the sand had only been mined in the past for their own use. Mr. Ernie Strider next came forward and introduced himself, noting that his major concern was the stream and traffic, noting that there is a church camp in the area. After some discussion, Chairman Gordon asked for those present opposing this request to stand. Mr. Racey next commented that the Planning Commission should be aware that there was a mining operation at this location before Mr. Cook's operation and added that Mr. Cook was not responsible for any sand in the stream. Chairman Gordon next expressed a desire for the Commission to obtain legal council for direction with regard to the legality of the lease. Chairman Gordon also expressed concern over the ambiguity in this area. 1260 -11- Mr. Brumback made a motion to retire into executive session. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby retire into executive session under Section 2.1 -344.6 to discuss legal matters. Mr. Brumback made a motion to return to regular session. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby return to regular session. After considerable discussion with regard to the taking of action at this meeting, Mr. Brumback made a motion to recommend denial of this request. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby recommend denial of Rezoning Request No. 019 -80 of William Enders and Larry Cook to the Board of Supervisors. Rezoning Petition #002 -81 of Albert Nicholson, Rezoning from A -1 to EM, 7.76 acres, in the Back Creek Magisterial District. ACTION - Tabled until March 4, 1981 Mr. Albert Nicholson first came forward and requested that this be tabled until the next meeting since his attorney was not able to be present. Those representing the opposition had no problem with the tabling. Mr. Brumback made a motion to table this request for two weeks. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby table the Rezoning Request #002 -81 of Albert Nicholson until March 4, 1981. 1261 -12- Rezoning Request #001 -81 of RSH properties, from A -'l to R -3, consisting of 71.024 acres in the Shawnee Magisterial District. ACTION - Recommend Approval The Secretary first gave background information. Mr. Michael Bryan came forward and introduced himself to the Commission and stated that he would be representing Mr. Vernon Racer, Mr. Harry Hicks and Mr. John Sfarnas. Mr. Bryan noted that there are water and sewer lines available and that the desire was to develop this into smaller lots. Mr. Bryan noted that this property is in close proximity to Burning Knolls, adding that there is a need for this type of development. Chairman Gordon next asked for anyone wishing to speak either in favor or opposing this request. Mr. Sam Lehman questioned what facilities such as schools, landfill, etc. were available to this site, adding that there is a lot of R -3 already available in the County. Mrs. Linda Mather next asked what the price range would be for this development. Mr. Bryan explained that what is done with this area would be at the discretion of the County and would probably be one acre lots with State- maintained roads. Mr. Bryan further explained that the housing would be the type suitable for Virginia Housing Development Funds, etc. Mr. Jim Longerbeam came forward and introduced himself to the Commission and recalled that the same type request, adjacent to Lakeview Estates, was turned down. Mr. Longerbeam 1262 -13- suggested that the same rational be used to consider this request. Mr. Henry Davis next came forward and noted that he owned a small farm that lies near this area. Mr. Davis explained that he was concerned for the wildlife in the area. Mr. Brumback next questioned what the Comprehensive Plan designates for this area. Mr. Riley explained that Senseny Road is the dividing line and the area is medium density residential. Mr. Riley further explained that with roads, etc., there could possibly be 200 homes in this area. Mr. Kirk made a motion to recommend approval of this rezoning request from A -2 to R -3. This was seconded by Mr. DeHaven and passed by the following vote: YES - Messrs. Gordon, Golladay, DeHaven, Kirk, Myers NO - Mr. Brumback BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, recommends approval of the Rezoning Request No. 001 -81 of RSH Properties, from A -2 to R -3 to the Board of Supervisors. ---------- - - - --- DISCUSSION OF LARGE LOT SUBDIVISION ORDINANCE AMENDMENT The Secretary first gave background information. Mr. Horne first addressed the discretionary powers of the administrator in lieu of definitions. In answer to Mr. Lehman's question, Mr. Horne explained that it is based upon 100 year floods. Mr. Bayliss stated that if a twenty acre lot size is created, it would stop growth in the County. 1263 -14- Mr. Gordon explained that complaints regarding five acre lots and their roads, etc. have been received. Mr. James Longerbeam came forward and stated that this lot size would price lots out of the market. Mr. Stiles next questioned if the road standards might make it economically unfeasible to develop lots. Mr. Ed Lizer next addressed the Planning Commission and questioned exactly who, other than staff, was in favor of this plan. Chairman Gordon commented that the Planning Commission is agreed that something needs to be done; adding that what needs to be done is what is to be considered. Mr. DeHaven explained that he has never had anyone complain to him personally. Mr. George Cather next stated that he had reservations with regard to this proposal paralyzing growth in the County, adding that this proposal should warrant much consideration. Mr. Bob Solenberger questioned if it was the intent of the Planning Commission to have these lots accepted into the Highway system. Chairman Gordon replied that it was not. Mr. Riley explained that the standards outlined are for large lot, rural subdivisions. Mr. Riley added that the consensus was that the Landowner's Association could add the final application of pavement before acceptance into the secondary road system. 1264 -15- Mr. Stiles added that the cost of paved roads in large lot subdivisions would be cost prohibitive. Mr. B. J. Lovett next addressed the Planning Commission, noting concern about the economic feasibility of this proposal. Mr. Thomas Rosenberger came forward commenting that at one time, the five acre exemption was thought to be the solution to this problem, adding that he thought Health Department approval was important. (NOTE: At this point in the meeting, Mr. Brumback took leave.) Mr. Stiles next commented that the original proposal was to place a moritorium; adding that this might be a backdoor approach. Mr. Stiles expressed concern that this might be costly to the people. Chairman Gordon noted that different areas of the County need to be handled differently. Mr. Longerbeam expressed his belief that the majority of the developers wanted to do what is right. Mr. Horne added that he received about two complaints a week, mostly from the Gainseboro and Back Creek Districts. Mr. Golladay expressed concern that perhaps the Planning Commission was spending time plugging holes again, adding that he also was in favor of Health Department approval being a requirement. Summarizing the feelings of the entire Planning Commission, Chairman Gordon stated that this consideration may be premature. 1265 -16- After further discussion, Mr. DeHaven made a motion to table consideration of this proposal. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby table further action on this ordinance amendment until more information can be obtained. Mr. Golladay next moved to go into executive session under the appropriate section of the code. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby retire into executive session under Section 2.1 -344.6 to discuss legal matters. Mr. Golladay made a motion to return to regular session. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby return to regular session. Mr. Dickinson, representing Mr. Zeiger, came forward to again request that the Planning Commission consider rezoning the property of Mr. Zeiger from A -2 to B -2 because it was downzoned recently and because there was vested interest of $7,000 on the reliance of the zoning. Mr. Zeiger introduced himself to the Planning Commission explaining that the culvert was placed there on the reliance of the zoning. Mr. Dickinson added that Mr. Zeiger was not aware of the rezoning. Mr. Horne added that this area is in a floodplain. 1266 -17- Mr. Dickinson noted that he would like the Planning Commission to rescind the action of the downzoning. Mr. Horne noted that the Planning Commission did say that if a mistake had been made, it would be corrected. Mr. Stiles explained that a Conditional Use Permit could be sought to re- establish a nonconforming use. The Planning Commission next requested that the staff acquire a legal opinion in this regard. --------------- - ORDINANCE AMENDMENT PROPOSAL - REQUIRING OWNERS SIGNATURE ON REZONING Mr. Golladay noted that it might be a good idea to require the signature of the landowner on rezoning applications. Mr. Myers made a motion to add the statement "every application or reapplication for rezoning shall be signed by the landowner and applicant (if the applicant is not the landowner) to Article I, Section 21- 5(a)(2). This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend amendment to Article I, Section 21- 5(a)(2) by the addition of the statement, "every application or reapplication for rezoning shall be signed by the landowner and applicant (if the applicant is not the landowner). There being no further business to come before the Commission, Mr. Golladay made a motion to adjourn. This was seconded by Mr. Kirk and passed unanimously. 1267 -18- Respectfully Submitted, C. Lang on Gordon, Chairman 0 John R. Riley', S cr tary 1268