PC_05-07-80_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, May 7, 1980.
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman;
W. French Kirk; Manuel C. DeHaven; James Golladay, Jr.;
Kenneth Stiles; Herbert Sluder -:
ABSENT: Elmer Venskoske
CALL TO ORDER
The Chairman called the meeting to order.
BIMONTHLY REPORT
Mr. Riley first questioned if additions to site plans could
be approved administratively, since they apply to all sections of the
ordinance.
Mr. Horne specifically explained the changes to the Toan
Site Plan-, noting that some paving was being eliminated.
Mr. Brumback questioned the changing of an approved site
plan.
Chairman Gordon noted that this brings up a good point of
concern as to variations from Site Plans as approved, Chairman Gordon
asked if it was expected that a Site Plan be followed through as
approved, citing some problems with this type situation in the past.
Mr. Riley noted that better enforcement might help.
Mr. Stiles commented that guidelines are needed to determine
what is to be approved administratively and what comes before the
Planning Commission.
Mr. Riley explained that all new Site Plans for development
come before the Planning Commission and Board for approval and that
there is nothing clear in the ordinance that addresses an amended site
plan for an addition to an existing building. Mr. Riley noted that
the ordinance states that anything under two acres does not
require formal site plan approval. Mr. Riley further explained that
he was bringing new development in for site plan approval and would
like to take care of amended site plans administratively.for existing
structures.
Mr. Stiles noted that the Planning Commission and Board
should not approve a site plan and then have it amended by adminis-
trative.approval.
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Chairman Gordon commented that the time would only be
increased by two weeks for a petitioner if they were required to
come before the Planning Commission for approval of amended site
plans.
Mr. Brumback made a motion that all site plans and amended
site plans come before the Planning Commission for approval. This
was seconded by Mr. DeHaven and passed unanimously.
BE IT RESOLVED, that the Planning Commission for the County of Frederick
does hereby require that all site plans and amended site plans be
brought before the Planning Commission for approval.
Mr. Riley next reviewed- the - pending conditional use permits
for the Commission. Mr. Riley also explained that the Nicholson
Rezoning petition is being heard again because of a technicality in
the notifying process which the staff did not accomplish when the case
was continued. Mr. Riley.further explained that the opposition to the
Nicholson Rezoning pointed out this failure and the application has
been readvertised to be heard on May 21, 1980.
DISCUSSION REGARDING ZONING FOR PRIVATE CLUBS
Mr. Riley explained that Mr. John Gregory requested time
to discuss a possible site location to locate a private lodge, noting
that B -2 Zoning would be required'.
Mr. Gregory and Mr. Lee Ebert came forward to address the
Commission.
Mr. Gregory noted that the area being discussed would be
twelve acres in back of Star Fort, having 350' of road frontage.
Mr. Gregory explained that there is water and sewer to the site and
commented that he would like to know how the Planning Commission would
feel about rezoning a parcel for anon- profit organization.
In answer to Mr. DeHaven's question, Mr. Gregory explained
that it would not be near the Fort.
Mr. Riley stated that this was proposed to be rezoned to
R -3 to be used as a buffer between the residential'and
zoning.
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Mr. Stiles questioned if it might be more beneficial to
allow this type use in an agricultural district with a conditional
use permit.
Mr. Riley commented that what has been done is to include
non - profit organizations in with night clubs, private amusements, etc.
and noted, that he did not feel the two could be placed in the same
category.
Chairman Gordon questioned Mr. Riley with regard to
Agricultural zoning versus the B -2 zoning.
Mr. Riley noted that he would like time to make a determina-
tion on that point.
Mr. Lee Ebert commented that the private club should be
better defined since lodges today have become family affairs.and
privacy is desired.
Chairman Gordon commented that the ordinance is not
diversified enough and noted that the Commission, by general concensus,
could see nothing wrong with a lodge at the proposed location described
at this meeting.
Mr. Golladay stated that he would like to see lodges put
in.an agricultural zone with a conditional use permit.
SITE PLANS
Request for Site Plan approval by Ash Hollow Estates, No. 007 -80,
for Townhouses, Stonewall Magisterial District.
ACTION - Recommend Approval.
Mr. Riley first gave background information, noting that
apparently there is some confusion as to whether a subdivision or
site plan was considered at a previous Planning Commission Meeting.
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Mr. Harry Hicks, representing Ash Hollow Estates came
forward and explained to the Planning Commission that he remembered
the Planning Commission giving approval subject to the City giving
approval and noted that everyone just assumed it was approved.
Mr. Hicks also explained that the project`is approximately 75% finished.
In answer to Mr. Golladay's question, Mr. Riley commented
that Mr. Bruce Edens is in the process of doing an amended site plan,
showing the location of all the buildings and the variance requests.
Mr. Stiles made a motion that approval be given to this site
plan request. This was seconded by Mr. Golladay and passed unanimously.
BE IT RESOLVED, that the Planning Commission unanimously recommends
approval of this site plan request to the Board of Supervisors,
Request for Site Plan approval by.0 & S Bank, No. 008 -80, to relocate
an existing bank trailer on site to conform with zoning setback lines.
Action Recommend Approval
Mr. Riley first gave background information, noting that the
Bank had applied for a variance in 1975, requesting that the variance
be temporary. Mr. Riley also explained that the variance had lapsed
and the Board of Zoning Appeals would not approve it.
Mrs. Virginia Miller, Bank Coordinator, came forward and
introduced herself to the Commission.
Mr. Riley explained that the Health Department has now
given approval to move the septic system, allowing the bank trailer to
meet the setbacks.
Mr. Stiles asked if this was putting a stamp of approval
on running-.a banking establishment out of a trailer on a permanent
basis.
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Chairman Gordon asked what is temporary and permanent
as defined in the ordinance. Chairman Gordon also commented that
this bank facility certainly accommodates the citizens in the area.
Mr. Riley explained that the ordinance does not address
the question of permanent and temporary structures well; however,
the staff feels that it would be best to approve the trailer branch
bank on a temporary basis until a permanent structure can be built.
Mr. Riley also explained that this issue can only be addressed by a
change in the ordinance.
Mr. Stiles stated that he would suggest that this site
plan be forwarded to the Board for consideration.
Mr. Kirk made a motion that this site plan be forwarded
to the Board of Supervisors with a recommendation of approval. This
was seconded by Mr. Golladay.
Mrs. Miller commented that the board of the bank will
be considering this matter in the next week to discuss the costs
involved.
Mr. Stiles noted that restrictions cannot be placed on a
site plan and further expressed that he found it hard to believe that
the ordinance would allow a commercial facility to work out of a
trailer.
Mr. Horne explained that if a parcel is zoned correctly,
a commercial establishment is permitted to be run out of a trailer.
Mr. Riley commented that perhaps the issue is that the
ordinance needs.to be addressed. Mr. Riley also noted that this site
plan technically complies and should be forwarded to the Board for
approval or denial.
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Chairman Gordon noted that there is -a motion before the
Commission. The vote on the motion was unanimous.
BE IT RESOLVED, that the Planning Commission recommends approval of
this site plan to the Board of Supervisors.
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PUBLIC HEARING
SUBDIVISION
Marvin N. Dove
Marvin N. Dove, 1 Lot, Stonewall Magisterial District, zoned R -3.
ACTION - Recommend Approval
w /stipulations
Mr. Riley first gave background information, noting that
the staff recommends approval providing that no further.- subdivision
requests be considered until a new road is constructed.
Mr. Marvin Dove and Mr. Carl Goerlich came forward and
introduced themselves to the Commission.
In answer to Chairman Gordon's question, Mr. Goerlich noted
that for the present, they are just asking for the subdivision of one
lot and that they would re- petition for any further subdivision.
Mr. Riley further explained that it would be cost prohibitive
to request that the petitioner build a road to service this one lot.
In answer to Mr. DeHaven's question regarding the width of
the right -of -way, Mr. Riley explained that this 56' right -of -way was
suggested by the Highway Department to conform with the width of
Blossom Drive.
In order to clarify the situation, Mr. DeHaven noted that
the road is not being required at this time due to the fact that this
subdivision is a family variance.
Mr. Stiles made a motion that this subdivision request be
forwarded to the Board of Supervisors for approval with the stipulation
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that no further subdivision requests will be granted until a
road is constructed.
This was seconded by Mr. DeHaven and passed unanimously.
BE IT RESOLVED, that the Planning Commission recommends approval of
this subdivision request to the Board of Supervisors with the stipu-
lation that no further subdivision requests will be granted until the
road is constructed...
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CONDITIONAL USE PERMITS
Request for a Conditional Use Permit for Roadway Express, Inc.,
No. 002 -80, for a freight terminal, Back Creek Magisterial District.
ACTION - Tabled for thirty days -
To be reheard June 4, 1980
Mr. Riley first gave the background information, noting
that the Health Department could not give approval with the location
of the drainfield system as shown on the site plan. Mr. Riley noted
some confusion with regard to the fact that all reviewing agencies
have not given approval and the manner in which this would affect the
conditional use permit.
Mr. Ambrogi noted that it has been policy in the past that
all agencies give approval and suggested that this policy be con-
tinued. Under the circumstances, continued Mr. Ambrogi, all reviewing
agency.approvals must be present to allow the Planning Commission to
place proper conditions on the conditional use permit.
Mr. Stiles commented, with regard to the question of the
Planning Commission and Board's authority to deny a conditional use
permit. :Consequently, Mr. Stiles formally requested Mr. Ambrogi to
obtain a written opinion from the Attorney General's Office on this
question. Mr. Stiles also questioned the difference in the process
of a conditional use permit in an M -2 District and in other districts
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where it is spelled out that uses are permitted only under a
conditional use permit.
Mr. Ambrogi noted that-the ordinance is written in such
a manner as to leave some question.
Mr. Stiles made a motion that an opinion be obtained from
the Attorney General's office with regard to the Frederick County
Ordinance dealing with conditional use permits in an M -2 zone.
This was seconded by Mr. Golladay and passed unanimously.
BE IT RESOLVED, that the Frederick County Planning Commission does
hereby request legal counsel to obtain from the Attorney General's
office an opinion with regard to the Frederick County Ordinance
dealing with conditional use permits in an M -2 zone.
Mr. Mitchell next came forward and introduced himself to
the Commission as representing Roadway Express, Inc. Mr. Mitchell
noted that this conditional use permit has been referred to the Planning
Commission by the Board of Supervisors for the purpose of attaching
conditions. Mr. Mitchell also explained that Roadway Express, Inc.
was not here today to receive approval on the site plan. Mr. Mitchell
added that a site plan does not have to be provided to petition for
a conditional use permit.and explained that the Health Department
had confirmed that a drainfield site is available on this parcel.
Mr. Mitchell informed the Commission that Roadway Express, Inc. is
in the process of revising the site plan. Mr. Mitchell suggested that
a condition "that any drainfield on the property must conform with
Health Department regulations" be placed on this conditional use permit.
Mr. Stiles noted concern that any re- positioning might
locate part of the building back into the B -2 zoning.
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Mr. Sluder next explained that there is a drainfield
site, unfortunately the lines on the original request to the Health
Department and the lines on the site plan are running differently.
Mr. Sluder noted that there is no latitude right or left to move
the drainfield site. Mr. Sluder also explained that his department
has staked the drainfield site and, if the site plan can be drafted
to stay off this site, the Health Department would be able to give
their approval.
Mr. Stiles then made a motion to retire into executive
session to discuss legal matters. This was seconded by Mr. Brumback
and passed unanimously.
BE IT RESOLVED, that the Planning Commission moved to retire into
executive session to discuss legal matters.
Mr. Stiles next made a motion to come out of executive
session. This was seconded by Mr. Kirk and passed unanimously.
BE IT RESOLVED, That the Planning Commission hereby return to regular
session.
Chairman Gordon announced that the executive session regarded
legal aspects of this conditional use permit. Chairman Gordon noted
difficulty in considering this permit due to the final placement of
the building and not knowing what conditions to place on the permit.
Chairman Gordon further explained that a site plan would not be
needed to see where the building will be placed, however, asked the
petitioner to prepare a picture or something as to where the building
will set on the lot, enabling the Planning Commission to put proper
conditions on this conditional use permit.
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Mr. Stiles made a motion that this conditional use permit
be tabled until June 4, 1980. This was seconded by Mr. Golladay and
passed unanimously.
BE IT RESOLVED, that the Planning Commission hereby tables further
action on this conditional use permit until June 4, 1980.
CANCELLATION OF INACTIVE CONDITIONAL USE PERMITS
Mr. Riley next read the following conditional use
permits to be considered for cancellation:
Conditional Use Permit AOOI -73 of Northern Virginia Marble Company,
Route 1, Box 40A, Winchester, Virginia.
Conditional Use Permit #012 -74 of Richard F. Giles, Route 657,
Winchester, Virginia.
Conditional Use Permit #014 -74,of Robert H. Boyd, Route 7, Winchester,
Virginia.
Conditional Use Permit #017 -74 of Trus -Joist Corporation, Route 11,
Winchester, Virginia.
Conditional Use Permit"#023 -74 of Mike and Susan Kilijian, Route 6,
Box 449, Winchester, Virginia.
Conditional Use Permit #028 -74 of Delmar A. Bayliss, Route 657,
Winchester, Virginia.
Conditional Use Permit #030 -74 of Lanny Eugene Snyder, Route 3,
Box 4511, Winchester, Virginia.
Conditional Use Permit No. 031 -74 of George B. Savage, Route 652,
Winchester, Virginia.
Conditional Use Permit No. 039 -75 of Robert D. Leonard Kennels,
Route 636, Winchester, Virginia.
Conditional Use Permit No. 051 -76 of Dennys, Inc., Route 7, Winchester,
Virginia.
Conditional Use Permit No. 064 -76 of White Oak Trading Post, Route
277, Stephens City, Virginia.
Conditional Use Permit No. 007 -77 of Myers Home for Adults, Route 6,
Box 634, Winchester, Virginia.
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Conditional Use Permit #011 -77 of Arvil A. and Stella M. Dye,
P1ymn Owens Estates, Stephens City, Virginia.
Conditional Use Permit #005 -78 of Collier Construction, Route 11,
Winchester, Virginia.
Conditional Use Permit #013 -78 of S. Blaine and Betty M. Wilson,
Route 1, Box 272A, Winchester, Virginia,
Conditional Use Permit #027 -74 of Waste Reduction, Inc., Route 50E,
Winchester, Virginia.
Conditional Use Permit #029 -74 of Betty Williams, Route 5, Box 374A,
Winchester, Virginia.
Conditional Use Permit #007 -80 of Bernard L. Cloud, 3521 Jones Road,
Winchester, Virginia.
Mr. Stiles commented that Conditional Use Permit #051 -76
of Dennys, Inc. for a restaurant with dancing is still active and the
owner has requested that this permit stay active. Mr. Stiles next
made a motion to remove Conditional Use Permit #051 -76 from the list
of proposed cancellations. This was seconded by Mr. DeHaven and passed
unanimously.
BE IT RESOLVED, that the Planning Commission hereby remove the
Conditional Use Permit #051 -76 of Denny's, Inc, from the list being
considered for cancellation.
Mr. DeHaven made a motion that the foregoing list of
conditional use permits be recommended for cancellation with the
exception of #051 -76 of Denny's, Inc. This was seconded by Mr. Kirk
and passed unanimously.
BE IT RESOLVED, that the Planning Commission recommend to the Board
of Supervisors cancellation of the foregoing conditional use permits
with the exception of #051 -76 of Denny's, Inc.
AMENDMENT TO ZONING ORDINANCE - SITE PLANS
Mr. Riley next read the proposed changes to amend the
Frederick County Code, Chapter 11, Zoning adopted July 12, 1978, to
amend Section 21- 149(e) and Section 21- 149(g).
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There being no one present in opposition and no further
discussion, Mr. Stiles made a motion that this ordinance to amend
the Frederick County code be recommended to the Board of Supervisors
for approval. This was seconded by Mr. Kirk and passed unanimously.
BE IT RESOLVED, that the Planning Commission recommend approval of
this ordinance amendment change to the Frederick County Code,
Chapter 11, Section 21- 149(e) and Section 21- 149(g) to the Board of
Supervisors.
AMENDMENT TO ZONING ORDINANCE - PARKING AND LOADING
Mr. Riley noted the next consideration as being an
ordinance to amend the Frederick County Code, Chapter 21, Zoning,
adopted July 12, 1978, to amend Section 21 -13._
At this point in the meeting Mr. Stiles asked permission
to skip to the next consideration, the ordinance amendment to the
Home Occupation Section. Mr. Stiles questioned if there should be
a comma after "commercial" under Home Occupation - Agricultural.
Mr. Riley confirmed that there :should not be a comma, but
should read_ "excluding commercial repair"
Mr. Stiles commented that only the title of the ordinance
amendment has been read in the past.
Chairman Gordon next directed the Planning Commission
members to the consideration at hand, the amendment to Section 21 -13
regarding Parking and Loading requirements.
There being no further discussion, Mr. Stiles made a motion
that the ordinance to amend the Frederick County Code, Chapter 21,
Zoning, adopted July 12, 1979, to amend Section 21 -13 be recommended
for approval to'the Board of Supervisors. This was seconded by
Mr. Golladay and passed unanimously.
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BE It RESOLVED, that the Planning Commission recommend approval of
the ordinance to amend the Frederick County Code, Chapter 21,
Zoning adopted July 12, 1978, to amend Section 21 -13.
ORDINANCE AMENDMENT - HOME OCCUPATION
Mr. Riley next read an ordinance to amend the Frederick
County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend
Section 21 -1; amend Section 21- 16(L); amend Section 21- 26(L); amend
Section 21 -35; amend Section 21- 36(L); delete Section 21- 36(m); amend
Section 21 -43; amend Section 21- 44(c); delete Section 21- 44(L); amend
Section 21- 52(i); delete Section 21- 52(p).
There being no one in opposition or further discussion,
Mr. Stiles made a motion to recommend approval of this ordinance
amendment to the Board of Supervisors. This was seconded by Mr. Kirk
and passed unanimously.
BE IT RESOLVED, that the Planning Commission recommend approval to
the Board of Supervisors for an ordinance to amend the Frederick
County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend
Section 21 -1; amend Section 21- 16(L); amend Section 21- 26(L); amend
Section 21 -35; amend Section 21- 36(L); delete Section 21- 36(m); amend
Section 21 -43; amend Section 21- 44(c); delete Section 21- 44(L);
amend Section 21- 52(i); delete Section 21- 52(p).
There being no further business to come before the
Planning Commission, Mr. Golladay made a motion that the meeting be
adjourned. This was seconded by Mr. Stiles and passed unanimously.
Res ctfull Submitted,
.
Johii R. Ril y, Secr ktary
C. La4don Gordon, Chairman
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