PC_01-16-80_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING, COMMISSION
Held in the Board of Supervisors' Meeting Room, 1/16/80
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman;
Elmer Venskoske; W. French Kirk, Manuel C. DeHaven; James
Golladay, Jr.; Kenneth Stiles; Herbert Sluder
CALL TO ORDER
The Chairman called the meeting to order and welcomed Mr. Stiles
to the Planning Commission as its liaison member from the Board of Super-
visors.
The next order of business
the December 19, 1979 meeting. Mr.
4, paragraph 3, changing "is pumped"
no further corrections,Mr. Golladay
corrected. This was seconded by Mr.
vote: YES - Messrs. Kirk, DeHaven,
ABSTAIN - Mr. Stiles
was the consideration of the minutes of
Golladay made one correction on page
to "has to be pumped ". There being
made a motion to approve the minutes as
DeHaven and passed by the following
Golladay, Brumback, Venskoske, Gordon
BIMONTHLY REPORT
Mr. Brumback first suggested that an explanation be included
for Site Plans that have been listed for a length of time.
In answer to Chairman Gordon's question, Mr. Riley explained
that there is a time limit established in the Ordinance and acknowledged
that he would keep the Commission informed of problems delaying the approval
of a site plan. Mr. Riley also explained that when a problem arises, the
owner is contacted to inform him of any problems.
Chairman Gordon noted that the overall system is running smoothly
and questioned the status of renewing Conditional Use Permits.
Mr. Riley commented that the staff is in the process of reviewing
the conditional use permits and sending letters to those which are renewed
annually.
In answer to Mr. Stiles' question, Mr. Riley stated that there
were no complaints received concerning conditional use permits.
With reference to conditional use permits for trailers, Mr. Stiles
asked if the procedure now is to apply for a building permit.
Mr. Riley confirmed that this is the procedure for A and MH zoning.
There being no further discussion on the Bimonthly report it was
accepted as information by Chairman Gordon.
:•.
Planning Commission Minutes -2- 1/16/80
ANNUAL REPORT
After a brief discussion, Mr. Brumback made a motion that the
Annual Report be included as part of the minutes. This was seconded by
Mr. Golladay and passed unanimously.
BE IT RESOLVED, that the Planning Commission for the County of Frederick,
Virginia does hereby direct that the annual report be made a part of the
minutes.
ANNUAL REPORT
Zoning: This Month To Date
(1) Building Permits Approved 30
Building Permits Denied 7
Eliwololwll
Multi - Family & Townhouse
8
29
Trailers
5
93
Single Family Dwellings
5
— 2_
_
Industrial
Commercial
0
Miscellaneous
10
(2) Site Plans Pending: (Dates are submittal dates)
Winchester Electric /proposed building, •12/27/79
(3) Site Plans Approved: (Dates are approval dates)
*Air Freight Delivery Service /storage addition, 3/27/79
Winchester Mall, Phase I, 4/12/79
L & L Builders /warehouse, 1/24/79
Allen Properties /grocery store, 1/24/79
Robert F. Zeigler /Air Conditioning Company, 1/24/79
Northwestern Workshop, Inc. /Stine Ind. Park, 2/28/79
*McFarland's Mill, Inc. /sawmill, 3/5/79
Allied Furniture /entrance and parking, 1/24/79
*Winchester Rendering Co. /maintenance building addition, 4/3/79
A & M Metals /addition, 3/15/79
Doug Toan /warehouse, 3/9/79
*C & S Grocery /store addition, 4/5/79
James T. Wilson/ warehouse, 4/26/79
*Robert E. DeHaven /grocery store, 4/24/79
*W. & W. Paving Co. /relocation of plant facilities, 4/23/79
*Miller Auto Sales /auto cleanup for used car lot, 4/20/79
Edward Shirley /maintenance shop, 9/12/79
*C. E. Mineral /roof over kiln, 12/79
*J & W. Landscaping, Inc. /mobile home for office, 5/25/79
Doug Toan /Revision, 6/20/79
Everett Emerson /Revision, 6/20/79
897
Planning Commission Minutes -3-
1/16/80
*Cheker Oil Co. /new building remaining same size, 10/31/79
Winchester Rendering Company /office building, 11/14/79
*Walter S. Lampp /warehouse, 10/4/79
Arthur H. & Dorothy Fulton /trailer repair shop, 10/10/79
*Round Hill Community Fire Co. /proposed building, 12/17/79
*CIVES Steel /office addition, 12/79
Amoco Foam Products /proposed plant, 9/26/79
Oil Heat and Burner Service /shelter and slab, 11/14/79
Ralph W. Poe /campground, 11/14/79
*Timber Ridge Pentecostal Church /addition, 6/22/79
Emerson /Lenior Drive, 7/11/79
*The Lord's Chapel /new church, 7/23/79
*People's Country Church /addition, 7/2/79
Coca -Cola Bottling Company /plant, 7/11/79
*Stuart M. Perry /plant addition, 3/10/79
*Dr. T. Gromlin /office building, 9/7/79
C. Edward Shirley /maintenance building, 9/12/79
Bulbs International /proposed building, 9/13/79
*Bowman Trucking Company /tank installation, 8/24/79
*Apple Cart /gas pumps, 10/15/79
*Schenck Foods /Truck Shelter, 10/29/79
(4) Conditional Use Permits Pending: (Dates are submittal dates)
(5)
(6)
Dr. Robert Kapp /replacement trailer, 12/10/79
Conditional Use Permits Approved: (Dates are approval dates)
Arthur H. & Dorothy Fulton /trailer repair shop, 10/10/79
Winchester Rendering /offices, 10/10/79
Angelo Funkhouser /trailer, 10/10/79
Ralph W. Poe /campground, 11/14/79
Oil Heat and Burner Service /storage building, 11/14/79
Curtis R. Hansen /auto repair garage, 12/19/79
Robert E. DeHaven /country grocery store, 2/14/79
Marcus W. Reid /antique shop, 1/10/79
Round Hill Puritan Club /sign, 1/10/79
Linwood Heironimus /C.B. Sales Office, 1/10/79
Mrs. Adam Myers /amended, 1/10/79
Charles W. Bush /home occupation, 1/24/79
Union Hall I.A.M.A.W. /union hall, 2/28/79
Eston L. Keeler /anituqe shop, 2/28/79
Eston L. Keeler /sign, 4/12/79
Gerald DeHaven /garage, 6/20/79
Richard & Merle Kerns /grocery store, 6/20/79
James and Donna Powell /garage, WITHDRAWN
David B. Grim /photography, 7/11/79
Ervin and Margie Nates /day care nursery, 7 /11/79
Alfred & Annie Hicks /garage, 7/11/79
Loring R. Nail /sale of lawnmowers, 7/11/79
Denny's Inc. /Off premise sign, 9/26/79
Rezonings Pending: NOME
:ON
Planning Commission :Minutes -4
(7) Rezonings Approved: (Dates are approval dates)
Arthur H. Fulton, Inc., A -2 to M -2, 1/1/79
Adolph & Mary Hockman, B -2 to R -3, 4/25/79
Reimers Electra Steam, A -2 to M -1, 6/6/79
Thomas & Sheila Baker, B -2 to M -1, 7/11/79
Miller Auto Sales, A -2 to B -2, 8/8/79
Richard and Leona Nicholson, B -1 to A -2, 9/26/79
Winchester Rendering, A -1 to 1 1_4-2, 10/10/79
SUBDIVISION
1/16/30
(1) Plats currently Pending: (Dates are submittal dates)
Merriman Estates, Section III, 9/23/79
Leon Zeiger, Section V, 10 lots, 8/20/79
(2) Plats Approved by the Board: (Dates are approval dates)
Garland Trust, 1 lot, 1/79
Susanreed Waldon, 2 lots, 2/79
Garland Cather Lots, 2 lots, 3/79
Lone Oak Subdivision (amendment), 2/6/79
Allen Bond, Sr. Lots, 2 lots, 4/79
Harry M. Stine Subdivision, 2 lots, 4/79
Ash Hollow Estates, 61 lots, 5/79
Ridgefield, Section II, 53 lots, 9/79
Edwin L. Rhodes, 2 lots, 11/79
Conrad Tracts (Redivision), 11/14/79
Windy Hill Subdivision (Redivision), 12/79
(3) Single lot conveyances approved to date: 67
(4) Lots Board approved to date: 133
'Indicates Staff Approval
Chairman Gordon next asked Mr. Sluder for any input he might
have regarding the new Health Department regulations.
Mr. Sluder commented that he had recently attended a meeting
in Harrisonburg concerning the new regulations at which citizens seemed
concerned about the impact of the new regulations on the Valley area. Mr.
Sluder explained that several changes have already been made in the proposed
regulations and it is possible that the regulations would be reworked and
probably brought to public hearings again. In view of this, Mr. Sluder
continued, there is not much point in commenting on it at the present time.
RVIS]
Planning Commission Minutes -5- 1/16/80
The greatest concern regarding the regulations for this area is the high
percentage of soils that would be ruled out for septic tanks and drainfields,
explained Mr. Sluder. The depth.of soil is one of the main problems, Mr.
Sluder continued. Mr. Sluder stated that Mr. Hatfield would like to meet
with the Planning Commission when the information is available to get further
input.
In answer to Mr. Brumback's question, Mr. Sluder explained that
they do not use the soils maps because inclusions need to be considered.
Mr. Sluder explained that they do refer to the soil maps to determine the
general soil types.
In answer to Mr. Lehman's question, Mr. Sluder explained that
a map designating contaminated wells and rejected septic fields was only
started about one year ago.
Mr. Stan Pangle stated that he heard at a recent meeting that these
new regulations would reduce building permits by fifty percent in Shenandoah
County.
Chairman Cordon then announced that the next order of business
was the review of citizen input from rezoning meetings and the procedure
the Planning Commission would like to use in this review,
Mr. Brumback questioned if the presentation is explaining the
tax structure enough.
Mr. Riley noted that he had taken the liberty of asking Mr.
Hansbrough to the next three meetings and he has accepted.
Mr. Jennings next cited examples of differences in taxes of
Residential versus Agricultural zoning, noting a difference of up to five
times more tax on Residential in some cases.
Mr. Venskoske questioned if perhaps the Commission was putting
too much emphasis on the tax question instead of concentrating on the zoning
a
Planning Commission Minutes -6- 1/16/80
for the County.
Chairman Gordon stated that the citizens are bringing the tax
question up at public meetings and perhaps this should be pointed out to
them. Chairman Gordon also noted that this rezoning is coming at a con-
fusing time, with the tax structure being changed; and, perhaps it would
help if the public could understand all facets.
Mr. Riley stated that he could not see how the Planning Commission
can get into specifics on taxes when there are none and further noted that
it would be helpful if the assessors could attend the meetings, Mr. Riley
suggested that the difference between the Land Use Plan and Land Use
Assessment could be addressed at the public meetings to help clarify things.
Mr. Golladay then questioned and asked for comment regarding the
downzoning of property which people have paid to have rezoned without
compensating them the fee involved.
Chairman Gordon commented that a $100 fee has been charged for
the past four years or so for rezoning and added that it will be necessary
to discuss the Commission's policy on this.
Mr. Golladay commented that the Commission would wait until a
petition for rezoning again comes before the Commission and at that time
compensate the landowner for having to apply for rezoning twice. Mr.
Golladay noted that he is bringing this up because there has been comment
on it.
Mr. Brumback noted that perhaps a time frame should be placed on
rezonings and noted that a refund could be prorated according to how many
years an individual had the rezoning.
Mr. Riley stated that the major concerns seem to be, not the fee,
but the devaluation of the property because the zoning is being taken away.
901
Planning Commission Minutes -7- 1/16/80
In discussion of the Back Creek District meeting, Mr. Venskoske
noted
that Mr.
Glass
had stated that
the
Agricultural
zones should not
be
made a
catchall
for.too
many uses.
Mr.
Venskoske then
questioned what
it
was before there was zoning.
In answer to Mr. Stiles' question, Chairman Gordon explained that
Mr. Koontz's remarks regarding, outside developers were raised because of
the possibility of outside developers coming in after I -66 is opened.
Chairman Gordon then asked Mr. Riley for clarification regarding
the subject of mathematical formulas used in computing acreage as referred
to by Mr. Tisinger at the Back Creek meeting.
Mr. Riley explained that the point Mr. Tisinger was raising was
that mathematical formulas are too rigid to be used to determine criteria
as they leave no flexibility. Mr. Riley further explained that the five
criteria used were general enough that they could be flexible.
Chairman Gordon stated that he wanted to be sure that the
Commission cannot be accused of being arbitrary.
Mr. Riley noted that legal counsel has been appointed by the
Board of Supervsiors to advise the Planning Commission in this matter.
After a ten minute recess, Mr. Jennings questioned if the land-
owner on Route 522 who did not want to be rezoned, wanted to put up a shed
on the ten acres zoned agriculture, what would he have to do.
Mr. Riley noted that if this shed had to do with the canning
industry, the ten acres would have to be rezoned.
Mr. DeHaven suggested that this subject could be discussed at
a worksession.
Chairman Gordon next addressed a letter he had received from the
Lord Fairfax Planning District Commission which requested support of their
902
budget increase from the Planning Commission. Chairman Gordon added that
the Lord Fairfax Planning Commission has helped Frederick County over the
years.
Mr. Stiles questioned how much help the Planning District
Commission has actually been to the County,
Mr. Brumback suggested that he would like to know more about
this before making a decision.
Mr. Golladay then made a motion to table discussion on this
request. This was seconded by Mr. DeHaven and passed unanimously.
BE IT RESOLVED, that the Planning Commission table discussion on the Lord
Fairfax Planning District Commission request for support of their budget
increase request.
The meeting then turned to discussion of rezoning maps as a
worksession.
There being no further business, Mr. Golladay made a motion that
the meeting be adjourned. This was seconded by Mr. Venskoske and passed
unanimously.
Respectfully Submitted,
Q &4�- R R �.
Jo yin R. Ri ley Se etary
oraon, unairman
903