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PC_01-02-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room 1/2/80 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; Elmer Venskoske; W. French Kirk, Manuel C. DeHaven; James Golladay, Jr.; Laurel Fisher. CALL TO ORDER The Chairman called the meeting to order. Chairman Gordon next introduced Mr. John Horne, Deputy to the Planning Director and welcomed him on behalf of the Planning Commission. Chairman Gordon then asked the Health Department representative to please identify herself for the Planning Commission. Ms. Laurel Fisher introduced herself, noting that she was replacing Mr. Sluder in his absence. BIMONTHLY REPORT Mr. Riley noted that there was a drop in everything reported over last year except Commercial and Industrial. Chairman Gordon next accepted the Bimonthly Report as information. ELECTION OF OFFICERS - 1980 Action - Chairman Elected (C. Langdon Gordon Incumbent Chairman, C. Langdon Gordon, declared nominations open for Chairman. The nomination of C. Langdon Gordon was made by James Golladay and seconded by Mr. Frank Brumback. Upon motion made by Frank Brumback and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby close the nominations for Chairman of the Planning Commission of the County of Frederick. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby duly elect C. Langdon Gordon as Chairman of the Planning Commission of said County. :i Planning Commission Minutes -2- 1/2/80 The motion passed by the following vote: Kirk, DeHaven, Golladay, Venskoske -YES Chairman - ABSTAIN Action - Vice - Chairman Elected (Frank Brumback) Chairman Gordon declared nominations open for Vice - Chairman. The nomination of Frank Brumback was made by Mr. W. French Kirk and seconded by Mr. Manuel DeHaven. Upon motion made by Mr. W. French Kirk and seconded by Mr. Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby close the nominations for Vice - Chairman of the Planning Commission of the County of Frederick. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby duly elect Frank Brumback as Vice - Chairman of the Planning Commission of said County. The motion passed by the following vote: Kirk, DeHaven, Golladay, Gordon, Venskoske -YES Vice- Chairman - ABSTAIN --------------- - -- - -- Chairman Gordon took a minute to read an article recently published which quoted the Governor with regard to planning for change. Chairman Gordon noted that the Governor's remarks were timely and confirm that the time for action is now if we are to preserve the quality of life that we are accustomed to in Frederick County. Chairman Gordon noted that it is the responsibility of planners to assist in making decisions which will affect the county for years to come. Chairman Gordon continued that the challenge to be faced is the question of who will be in charge of change. This can be accomplished, Chairman Gordon continued, with a positive attitude and an open mind and a genuine concern for all citizens of Frederick County. Mr. Brumback added that he thought the most important action of the Planning Commission would be to accomplish the goal of downzoning in 1980 which will give the Planning Commission the opportunity to carry through Planning Commission Minutes -3- 1/2/80 and implement the thought just given by Chairman Gordon. Chairman Gordon noted the pleasure of the Commission with the relatively new staff in the Planning Department. Mr. Riley noted that he felt that the Planning Commission is proceeding in the right direction by taking a comprehensive look at the County zoning and bringing it in line with,the Comprehensive Plan. Mr. Riley noted that he also looks forward to updating the Land Use portion of the Comprehensive Plan. Mr. Brumback next made a motion that the Planning Commission meet the first and third Wednesday of each month at 2:00 p.m. in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia and that a worksession be held every fourth Tuesday of each month at the same loca- tion commencing at 7:00 p.m. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby declare that the Planning Commission's regularly scheduled meetings will be held at 2:00 p..m. on the first and third Wednesdays of the month in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. BE IT FURTHER RESOLVED, that the Planning Commission for the County of Frederick does hereby schedule every fourth Tuesday of each month as a worksession to be held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia and commencing at 7:00 p.m. SUBDIVISION Merriman Estates, Section III, Lots 36 -40, in the Back Creek Magisterial District. ACTION - Recommend Approval w /condition Mr. John Riley then gave the background information noting that the Health Department recommended joining, the unsatisfactory lot with an ::• Planning Commission Minutes -4- 1/2/80 adjoining lot or lots, in order to prevent unsightly growth in the subdivision. Mr. H. W. Butler, Jr., President of Shenandoah Pools, Inc. then came forward and noted that regarding Lot 40 they would like it left in because (1) Lot 32 of the old subdivision may want to buy it and it should be platted and recorded, (2) the person who owns Lot 39 may want to buy it, and (3) if water and sewer ever get there, it could be sold separately. Mr. Butler further explained that it has already been surveyed and, if in the future it could be sold, there would be a plat to refer to. Mr. Butler noted that this lot will have to be cleared off and leveled out to make the subdivision. Ms. Fisher of the Health Department suggested that there would be no problem leaving this lot like it is provided it is recorded that there is a problem with the soil conditions. Mr. DeHaven questioned who will maintain this lot and keep it mowed, etc. Ms. Fisher commented that the owner or developer would be responsible for maintenance. Mr. Golladay suggested that public water and sewer has not been slated for west of town. In the past, Mr. DeHaven explained, we have always made the owner join such lots to another lot without considering water and sewer possibilities. Mr. Butler added that they would sign a document to the effect that they will maintain this lot. :•1 Planning Commission Minutes -5- 1/2/80 Mr. Riley suggested that because of the closeness of water and sewer and the willingness of the developer to sign an agreement of main- tenance, it could be possible to deviate from precedent in this matter. Mr. Riley added that there is also the possibility of extending Wayland Drive to Route 50 in the future. Mr. Golladay next asked if there was a possibility of obtaining City water and sewer. Chairman Gordon commented that his only concern is that the Commission might be getting into trouble by setting precedent. In answer to Mr. Brumback's question, Mr. Butler noted that this was about 200 feet from the City line. Mr. Riley suggested that,if we were talking about several lots, it might be setting precedent;: however, this is just one lot. Mr. Sam Lehman next commented that in Frederick County there are lots sold that cannot be built upon and noted that people still get caught with these lots. In answer to Mr. Brumback's inquiry, Ms. Fisher explained that there is a high clay content in this lot and further explained that part of the lot is in the drainage way. Ms. Fisher noted that the largest problem is a large limestone ledge, leaving no space at all for a drainfield. Mr. Brumback suggested that before a decision is made, perhaps the Commission should know what the City has in mind for this area. Mr. Golladay next suggested that Lot 40 could be combined with Lot 39; and, if public water and sewer should become a reality, whoever buys it could subdivide it. Mr. Butler noted that this would be cost prohibitive for a poten- tial buyer. Mr. Butler explained that Lot 32 has been sold but is vacant. :• Planning Commission Minutes -6- 1/2/80 Mr. Butler also commented that he could not understand why all the other lots have perked and this lot did not. Mr. Butler suggested that perhaps this lot could be blasted to accommodate a septic field. Ms. Fisher explained that blasting in limestone areas is not acceptable. Mr. Brumback commented that it is the Health Department's decision that the lot does not perk and noted that this is what the Planning Commission takes into consideration. Mr. Butler next suggested that he is willing to take out Lot 40 and put it in with Lot 39. Mr. Brumback then made a motion, if the developer puts Lot 39 and Lot 40 together to make one lot out of the two, that this subdivision request be recommended for approval. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission recommend approval to the Board of Supervisors of the Merriman Estates, Section III, Lots 36 -40 Subdivision with the condition that Lots 39 and 40 be put together to make one lot. PUBLIC HEARING CONDITIONAL USE PERMITS Request for a Conditional Use Permit for Dr. & Mrs. Robert W. Kapp, No. 024 -79, for the replacement of a trailer, Dodge Avenue, Shawnee Magisterial District. ACTION - Recommend Approval Mr. Riley first gave the background information. Mr. Aubrey Smith came forward and introduced himself as agent for Dr. & Mrs. Robert Kapp, Mr. Kirk noted that he had been to the site recently and commented that the road into the property was rough and also added that this seemed to be a nice neighborhood. :• Planning Commission Minutes -7- 1/2/80 In answer to Chairman Gordon's question, Mr. Smith stated that there are three of Dr. Kapp's trailers and one belonging to another gentle- man who rents the lot, including the one that burned. Mr. Kirk also confirmed that this trailer is not on a State maintained road. Mr. Brumback then questioned if the replacement of a trailer is allowed under the ordinance. Mr. Riley explained that a conditional use permit is required if the replacement has exceeded a year. In answer to Mr. Brumback's question, Mr. Smith noted that the replacement has taken over a year because monies were being spent on other improvements of the rental properties. Mr. Brumback made a motion to recommend approval of this Conditional Use Permit to run indefinitely with staff review annually. This was seconded by Mr. Kirk and passed unanimously. In answer to Mr. Golladay's question, Mr. Riley explained that if another trailer were to replace this one, there would need to be a new conditional use permit. BE IT RESOLVED, that the Planning Commission recommend approval to the Board of Supervisors of Conditional Use Permit #024 -79 to run indefinitely with staff review annually. Chairman Gordon next commented that the position of Secretary to the Planning Commission has never been renewed annually. By general concensus, the Planning Commission acknowledged that Mr. John Riley would be Secretary to the Planning Commission until the Planning Commission decides differently. :• Planning Commission Minutes -8- 1/2/80 Mr. Riley next related that the Board of Supervisors has requested that a written policy on conditional use permits be provided from the Planning Commission. In an effort to clarify the situation, Mr. Brumback requested Mr. Riley to verbally give them the position as he would give it to the Board. Mr. Riley suggested it read, "that the Planning Commission policy as far as conditional use permit renewal is concerned be that the permit would run indefinitely with staff's annual review ". Mr. Brumback then made the foregoing statement in the form of a motion which was seconded by Mr. Kirk. Mr. Riley then suggested that the following wording might be more acceptable, "that conditional use permits shall be reviewed and renewed annually by the staff, provided all conditiona.placed on the conditional use permit have been met, Mr. Brumback accepted the foregoing as amending his preceding motion as did the second, Mr. Kirk. The vote was unanimous. BE IT RESOLVED, that the Planning Commission will recommend to the Board of Supervisors that conditional use permits shall be reviewed and renewed annually by the staff, provided all conditions placed on the conditional use permit have been met. Mr. Riley next opened discussion regarding the scheduling of the upcoming rezoning public meetings, noting that there is a conflict for the Back Creek District Meeting. By general concensus, the Planning Commission decided to change the meeting place rather than the meeting date, Mr. Riley next gave a brief description of the format for the meeting. :• Planning Commission Minutes -9- 1/2/80 There being no further business, Mr. Golladay made a motion that the meeting be adjourned. This was seconded by Mr. Kirk and passed unanimously. Respectfully Submitted, g41-R R t k - , Jo n R. Riley, cretary 7 1 C. L ww ®// La Gor on, Chairman