PC_09-03-80_Meeting_MinutesMINUTES OF MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, 9 Court
Square, Winchester, Virginia on September 3, 1980.
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman;
W. French Kirk; James Golladay, Jr.; Kenneth Stiles; Elmer
Venskoske; and, Herbert Sluder.
ABSENT: Manuel C. DeHaven
CALL TO ORDER
The Chairman called the meeting to order. The first order of
business, the consideration of the minutes of July 22, 1980. Mr.
Golladay made a motion to approve the minutes as presented. This was
seconded by Mr. Venskoske and passed unanimously.
BIMONTHLY REPORT
In answer to Mr. Golladay's question, Mr. Riley explained
that the Martin conditional use permit request was located on Route
654.
The Chairman accepted the Bimonthly Report as information.
SITE PLANS
Amended Site Plan request of Tire Distributors, Inc., #015 -78, for a
15,000 square foot storage area, 10,200 square foot service area and
2,160 square foot office and showroom in the Shawnee Magisterial
District.
ACTION - Approved as amended
The Secretary first gave background information, suggesting
that the office be moved to the location nearest the parking area and
noted that one additional parking space would be required.
Mr. Sluder noted that there is a large drainfield there for
employees and that it is suggested that water saving devices be
installed.
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Mr. Henry Boetner next came forward and introduced himself to
the Planning Commission, and explained that it was felt that
operations control would be better by having the offices in the
center. Mr. Boetner also noted that the additional parking space
would be no problem to locate.
Mr. Stiles commented that he did not think the County had the
ability to tell a business how to lay out the design of a building.
Mr. Stiles noted that the staff must be sure to let petitioners know
what is required and what is suggested.
Mr. Boetner noted that he would work with Mr. Riley to make
the traffic flow workable.
Chairman Gordon next asked for any citizen wishing to speak
in opposition or favor of this request.
There being none, Mr. Kirk made a motion that the Site Plan
as presented and amended by the addition of one parking space be
approved by the Planning Commission. This was seconded by Mr.
Venskoske and passed unanimously.
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby approve, by a unanimous vote, Amended Site Plan
#015 -78 as amended by the addition of one additional parking space.
(NOTE: At this point in the meeting the Chairman relinquished his
chair to the Vice - Chairman.)
Site Plan Request of Apple Tractor Co., #013 -80, for a tractor sales
dealership in the Back Creek Magisterial District.
ACTION - Approved as amended
The Secretary first gave background information, noting that
the Board had determined that the use is an accepted use in the B -2
zone. Mr. Riley also noted that the entrance should be shifted to the
North to minimize poor site distances.
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Vice - Chairman Brumback requested that the memorandum
regarding the Board of Supervisor's recommendation be made a part of
the minutes of this meeting as follows:
MEMORANDUM
August 29, 1980
TO: Frederick County Planning Commission
FROM: John R. Riley, Secretary
SUBJECT: Apple Tractor Site Plan
The Board of Supervisors, at their regularly scheduled meeting of
August 27, 1980, determined that tractor sales is a permitted use
in a B -2, Business - General zone.
The responsibility of the Planning Commission regarding the Apple
Tractor Site Plan will be to review the technical merits of the
plan.
Since the Board has determined that it is a permitted use in a B -2
Zone, discussion should only be directed to the matter dealing with
the site.
If you have any questions regarding this matter prior to the
Planning Commission meeting, please do not hesitate to contact me.
JRR:bjs
Mr. John Shaw next came forward and introduced himself to the
Planning Commission and noted that he had discussed the entrance with
the Highway Department who recommended that it be moved 100' North of
Route 642.
In answer to Mr. Stiles' question, Mr. Riley noted that there
is no provision for screening on the Site Plan; but, a provision
requiring natural screening of outside storage could be provided.
Vice - Chairman Brumback next called for any person wishing to
speak in opposition to this petition.
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Mrs. Vera Ritenour of Lakeside Estates came forward and
introduced herself to the Commission. Mrs. Ritenour stated that
the
homes in Lakeside Estates will be able to see equipment stored
outside. Mrs. Ritenour noted that the residents of Lakeside have
made
their biggest investments in their homes and also questioned how
the
Planning Commission could justify allowing a farm equipment sales
establishment to be placed under the B -2 zoning when taking into
account the intent section.
Mr. Stiles commented that it needs to be made clear that
this
rezoning was approved five years ago by the Board of Supervisors
and
further stated that the decision that this use should be in a B -2
zoning was made on the advice of the Board's attorney.
Mr. Ritenour next noted that Mr. Shaw had a letter from
Messrs. Horne and Riley regarding this.
Mr. Stiles further explained that when the ordinance was
re- written a year ago, a number of the uses were eliminated from the
specific list and it was the intent of the Board and Planning
Commission at that time to put this use in a B -3 zone which never was
accomplished. Mr. Stiles also explained that the Planning staff made
their determination under the ordinance as it was amended in 1979.
The Vice - Chairman next called for any one else in opposition.
There being no one else wishing to speak, Mr. Golladay noted
that it seems that the Planning Commission must approve this if it is
technically correct.
Mr. Stiles next moved that this Site Plan be approved as
presented with the additional stipulation that the screening (which
can be natural) as may be necessary to protect surrounding homeowners
from outside storage be required and that the Virginia Department of
Highways and Transportation requirements be met.
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This was seconded by Mr. Golladay and the vote as follows:
YES- Messrs. Stiles, Kirk, Golladay, Venskoske
ABSTAIN - Messrs. Brumback and Gordon
BE IT RESOLVED, that the Planning Commission for the County of
Frederick does hereby approve this Site Plan Request #013 -80 of Apple
Tractor Company, with the stipulation that the screening (which may be
natural) of outside storage be required and that the Virginia
Department of Highways, and Transportation requirements be met.
Amended Site Plan request of Ralph Poe, #026 -79, for the addition of a
40' X 100' equipment storage building and to reflect location of a
caboose in the Back Creek Magisterial District.
ACTION - Approval
The Secretary first gave background information.
Mr. Ralph Poe next came forward and added that this building
would be used to keep old wagons and buggies in under cover. Mr. Poe
also noted that he was not sure if the entire building would be put in
at this time.
Mr. Horne reflected that, so long as the building would not
exceed the size being requested, it would not need an amendment as
long as it was for the same use.
Mr. Riley commented that the basic thing is that all the
conditions of the conditional use permit are adhered to and that this
will not be used for any campground- related activity except to store
equipment that is already on the premises.
In answer to Mr. Kirk's question, Mr. Poe noted that this
would be near the railroad crossing.
The Vice - Chairman next called for any one in opposition.
There being no one either in favor or in opposition, Mr.
Venksoske made a motion to approve this Site Plan Amendment. This was
seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, that the Planning Commission for the County of
Frederick does hereby approve the Amended Site Plan Request, #026 -79,
of Ralph W. Poe.
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Request for Subdivision approval by Boyco Subdivision, 3 lots, zoned
R -3, in the Shawnee Magisterial District.
ACTION - Recommend Approval
The Secretary gave background information.
Mr. Rufus Boyce, Jr., President of Boyco, came forward and
introduced himself to the Commission.
Mr. Kirk first questioned if this was located on the corner.
Mr. Boyce stated that it was and that it had water service.
There being no one in opposition, Mr. Kirk made a motion to
recommend approval of this subdivision request to the Board of
Supervisors.
This was seconded
by Mr. Stiles and
the vote
was as
follows: YES
- Messrs. Kirk,
Golladay, Brumback,
Stiles,
Venksoske
ABSTAIN - Mr. Gordon
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby recommend approval of the subdivision request
of Boyco Subdivision to the Board of Supervisors.
PUBLIC HEARINGS
Rezoning Request of Delmar Bayliss, #009 -80, from R -3 to B -2, .5
acres, in the Shawnee Magisterial District.
ACTION - Recommend Approval
The Secretary first gave background information, noting that
the situation dictates a need for a professional office zone.
Mr. Ben Butler next came forward and introduced himself to the
Planning Commission as representing Mr. Delmar Bayliss. Mr. Butler
explained that a one - story, low, profile building is being proposed.
In answer to Mr. Stiles' question, Mr. Butler located the
property as being up from the Custard Stand and that it included two
houses and one out building which would all be demolished.
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In answer to Mr. Stiles' question regarding how this related
to the spot zoing policy, Mr. Riley noted that it is felt that this
use, as projected, would be conducive to what has been taking place
there in the past. Mr. Riley noted reservations because of the
existing need for a professional zone for this type of use.
Mr. Stiles next questioned if all uses permitted under the B -2
zone would be appropriate at this location.
Mr. Riley explained that the lot size would be restrictive as
to the uses this site could be out to.
Mr. Stiles next questioned if this rezoning was in the scope
of the Comprehensive Plan?
Mr. Riley noted that this was not in the scope; but, that
considering what has taken place in the area, it is appropriate.
Mr. Stiles noted that he tended to support this rezoning, but
questioned if such use could also be put in a residential area.
Mr. Riley stated that this should not be allowed in an
existing residential zone.
Mr. Horne noted that this rezoning request has a B -2 zoning in
close proximity.
Mr. Riley noted that this is a transitional area of the County
and it has had a change in character and is closer to an urban
classification as described in the Comprehensive Plan.
Mr. Stiles noted that he had talked with residents in the area
and did not find any one in opposition to this request.
Vice - Chairman Brumback next asked if there is any citizen
wishing to speak in opposition or in favor.
Mr. Kirk made a motion to recommend approval of this rezoning
request to the Board of Supervisors. This was seconded by Mr. Stiles
and the vote was as follows:
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YES - Messrs. Kirk, Golladay, Venskoske, Brumback, Stiles
ABSTAIN - Mr. Gordon
BE IT RESOLVED, that the Planning Commission for the County of
Frederick does hereby recommend to the Board of Supervisors approval
of this rezoning request #009 -80 of Delmar Bayliss.
By general consensus, the Planning Commission referred to a
worksession the discussion of professional zones.
Request for Rezoning from B -2 to R -6, by Frederick Mall Land Trust,
9.63 acres, in the Gainesboro Magisterial District.
ACTION - tabled for sixty days
The Secretary first gave background information.
Mr. Harry Benham came forward and introduced himself to the
Planning Commission, noting that this is part of a 38 acre tract and
is the western rear portion of the property.
Mr. Golladay next questioned if there have been any studies on
runoff and the affect it will have on downstream properties.
Mr. Benham answered no, but there is a heavy drainage area to
the Southeast of this property which runs in the direction of Cable
TV.
Mr. Riley noted that runoff could be addressed on a Site Plan.
Mr. Golladay stated that there is already a problem with
drainage at Weber's Nursery and that now is the time to address this
problem.
Mr. Benham also noted that it is felt that the Multi- Family
zoning would be a better use then the B -2 zoing that is there now.
Due to the upcoming comprehensive rezoning, Mr. Stiles made a
motion to table this rezoning request for sixty days. This was
seconded by Mr. Kirk and passed unanimously.
BE IT RESOLVED, that the Planning Commission for the County of
Frederick does hereby table further action on Rezoning Request
#010 -80, Frederick Mall Land Trust, for sixty days.
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Request for Rezoning by Messrs. Norris, Price and Collins, #015 -80,
from R -2 to B -2, 3.27 acres, in the Shawnee Magisterial District.
ACTION - Recommend Denial
The Secretary first gave the background information, noting
that the pressure on this area will be real when water and sewer are
available. Mr. Riley also noted that there are approximately five
lots left zoned Residential at this time. Mr. Riley also commented
that, at this time, there is not enough development to make a
determination.
In answer to Mr. Kirk's question, Mr. Riley explained that the
only information available would be contingent on Crown America
running a sewer to that area.
Mr. Hugh Price, also representing Messrs. Norris and Collins,
came forward and introduced himself to the Planning Commission. Mr.
Price commented that there is sewer all around the property.
In answer to Vice - Chairman Brumback's question, Mr. Price
noted that he almost had the property sold and further informed the
Planning Commission that he had been approached by Roy Rodgers, a
church, a motel and another restaurant.
In answer to Mr. Golladay's question, Mr. Norris, explained
that City water and sewer is not quite at the line.
Mr. Golladay noted that the City is not receiving any more
County hookups.
Mr. Stiles further explained that the Board had set aside
$200,000 for that sewer line for five years.
Vice - Chairman Brumback next asked if there was any person
wishing to speak in opposition.
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Mr. Loring Carper carne forward and introduced himself to the
Planning Commission and presented a petition with 36 signatures. Mr.
Carper further requested that the Planning Commission recommend denial
of this rezoning request. Mr. Carper also noted that the Frederick
County Sanitation Authority has no plans to extend water and sewer to
this area and that City water and sewer will not allow hookups as of a
policy passed in 1977. Mr. Carper next asked for those opposing to
stand and noted that there were approximately fourteen in attendance.
Mr. Carper also noted that a traffic study by the State Police
produced concern regarding the cross -over at Purdue Drive.
In answer to Mr. Stiles' question, Mr. Carper noted that the
group is concerned with downgrading of the property, runoff and water
and sewer problems in the area.
Mr. Golladay next made a motion that the petition submitted
be made a part of the record. This was seconded by Mr. Stiles and
passed unanimously.
BE IT RESOLVED, that the following petition be made a part of these
minutes of the Planning Commission of Frederick County:
PETITION
We the undersigned
residents of, and /or adjoining property
owners to, College Park Subdivision,
Shawnee District, Frederick
County, Virginia do hereby
petition the Department of Planning and
Development to deny the request
of Messrs. Norris, Price and Collins
for the rezoning of certain
properties in, and /or adjoining, College
Park Subdivision from R -2
(residential- Limited) to B-2
(Business - General).
/Loring R. Carper
/Griffin L. Davis
/Lena C. Carper
/Gerald L. Davis
/Patricia Carper Williams
/Guy Strosnider
/Joseph R. Rausa
/Kathryn L. Strosnider
/Jerre R. Rausa
/J. H. Riley
/George W. O'Rear
/Thelma Riley
/Isabelle R. O'Rear
/Gladys Deck
/Mark Baer
Julian A. Deck
/Anna Belle Baer
/Julian C. Deck
/Woodrow Artrip
/Tammy Deck
/011ive Artrip
/Paul L. Kidwell, Jr.
/Anna Virginia Kline
/Linda J. Kidwell
/Sara Jane Barr
/Barbara Costin
/Roy Barr
/William Costin
/Charles Luttrell
/Denny L. Place
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/Mary Luttrell
/Estella L. Davis
/Earl Haun
/Martha Place
/Albert Nicholson
/Lena R. Haun
Mr. George O'Rear next came forward and introduced himself to
the Planning Commission, noting that the deeds all were for
residential use only. Mr. O'Rear also stated that the rezoning would
leave the area open to a multitude of B -2 uses.
Mr. Charles Luttrell next came forward and noted his
opposition, adding that he is not opposed to progress, but is opposed
to a decision that would only stand to benefit a few. Mr. Luttrell
also added that there already are 100 acres across Route 50 zoned for
development.
Mrs. Sara Jane Barr next came forward and stated that there is
a danger of a blind spot in the road at this location.
In answer to Mr. Kirk's quwestion, Mr. Riley commented that
this area had been discussed during the Comprehensive Rezoning and it
was decided to try and not project zoning.
Vice - Chairman Brumback added that water and sewer are critical
and not projected in this area in the near future.
Chairman Gordon noted that this is not a specific proposal
and no water or sewer is present at this time, making a decision
difficult to make.
Mr. Stiles made a motion to recommend denial of this rezoning
request. This was seconded by Mr..Venskoske and the vote was as
follows: YES - Gordon, Golladay °, Venskoske, Stiles, Brumback
.ABSTAIN - Kirk
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby recommend denial of Rezoning Request 015 -80 to
the Board of Supervisors.
Conditional Use Permit Request #010 -80, by Ralph and Veronica
Machotka, for a home occupation, in the Back Creek Magisterial
District.
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ACTION - Recommend approval with conditions
The Secretary first gave background information.
Mr. Ralph Matchotka came forward and introduced himself to the
Planning Commission.
In answer to Mr. Venskoske, Mr. Machotka noted that some of
his work would be outside and further located his property as being
the house trailer just beyond Jackson Wood Estates.
Mr. Riley noted that under a home occupation everything must
be conducted within the home.
Mr. Stiles next addressed the question of a time period being
put on a conditional use permit, noting that he would suggest that a
time limited be required with re- advertising but not re- application.
Mr. Stiles next made a motion that this conditional use permit be
recommended for approval with the following conditions: (1) This
conditional use permit shall be reviewed and renewed annually; (2)
This be a three year permit; (3) If the nature of the business
changes, additional improvments such as parking, access and hours of
operation be addressed; (4) If the use is discontinued or occupancy
or ownership of the building changes, this conditional use permit
shall expire and a new conditional use permit will be required.
This was seconded by Mr. Venskoske and passed unanimously.
BE IT RESOLVED, that the Planning Commission for the County of
Frederick does hereby recommend approval to the Board of Supervisors
of Conditional Use Permit #010 -80 of Ralph and Veronica Machotka with
the following conditions: (1) This conditional use permit shall be
reviewed and renewed annually; (2) This be a three year permit; (3)
If the nature of the busniess changes, additional improvements such as
parking and access and hours of operation will be addressed; (4) If
the use is discontinued or occupancy or ownership of the building
changes, this conditional use permit shall expire and a new
conditional use permit will be required.
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Discussion next ensued concerning the placing of a time limit
on conditional use permits. Mr. Stiles noted that a time limit would
provide a safeguard to allow for the placing of additional conditions
should the scope of the conditional use permit change.
EXTRACTIVE MANUFACTURING PROPOSED ORDINANCE AMENDMENT CHANGE
Mr. Riley summarized this ordinance amendment change by noting
that the EM District ordinance amendment addition is what the mining
operators and Planning Commission have worked on, noting that the
addition of "all mining and quarry operations shall fully comply with
all requirements of Section 18.2 -316 of the Virginia State Code ". Mr.
Riley also explained that erosion and sedimentation enforcement for
deep mining and surface mining is an authority of the State and not
the locality. Mr. Riley noted that the State Agency involved is the
Bureau of Mined Land Reclamation.
In answer to Mr. Golladay's question, Mr. Riley stated that
gas and oil leasing would fall into this category.
Mr. Golladay made a motion to recommend approval of this
ordinance amendment change. This was seconded by Mr. Kirk and passed
unanimously.
BE IT RESOLVED, that the Planning Commission for the County of
Frederick does hereby recommend to the Board of Supervisors approval
of an ordinance to amend the Frederick County Code, Chapter 21,
Zoning, adopted July 12, 1978 to amend by the addition of an Article
XV -1, Extractive Manufacturing District.
ORDINANCE AMENDMENT PROPOSAL - M -1 DISTRICT
The secretary presented the ordinance amendment change.
After the Planning Commission duly considered the proposed
ordinance amendment change to the M -1 District, Mr. Golladay made a
motion to recommend approval of this ordinance amendment change to the
Board of Supervisors. This was seconded by Mr. Kirk and passed
unanimously. (Mr. Stiles was not present for this vote)
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BE IT RESOLVED, that the Planning Commission for the County of
Frederick does hereby recommend to the Board of Supervisors approval
of an ordinance to amend the Frederick County Code, Chapter 21,
Zoning, adopted July 12, 1978 to amend Article XIV, Section 21 -119,
21 -120, 21 -121, 21 -122, and 21 -123; delete Section 21=124 and
21 -125.
0
ORDINANCE AMENDMENT PROPOSAL - M -2 DISTRICT
The Secretary first presented the proposed changes to the M -2
District.
After duly considering this ordinance amendment change, Mr.
Golladay made a motion to approval this ordinance amendment change to
the Frederick County Code. This was seconded by Mr. Venskoske and
passed unanimously. (Mr. Stiles was not present for this vote).
BE IT RESOLVED, that the Planning Commission for the County of
Frederick does hereby recommend to the Board of Supervisors approval
of an ordinance to amend the Frederick County Code, Chapter 21,
Zoning, adopted July 12, 1978 to amend Article XV, Section 21 -126,
21 -127, 21- 127.1, 21 -128, 21 -129; delete Section 21-130, 21 -131,
21 -132.
PRELIMINARY CONSIDERATION OF'A REZONING REQUEST OF J. P DARLINGTON
Mr. Randolph Larrick, attorney for Mr. Darlington, and Mr.
Ronnie Ward, I came forward and introduced themselves to the Planning
Commission. Mr. Ward noted that this preliminary consideration
concerned a request to rezone from R -3 to R -6 for 64 residential
lots.
Mr. Stiles commented that at the time this was zoned R -3, the
R -3 zoning was a multi - family zoning category.
Mr. J. P. Darlington came forward and introduced himself to
the Planning Commission, noting that the road to be built would be of
an Industrial grade to the Arcadia Park.
In answer to Mr. Stiles' question, Mr. Ward noted that only
two duplex houses will front on Baker Lane.
Mr. Lehman noted that the Planning Commission should be
advised of the capacity of schools in the various areas.
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Mr. Riley explained that R -3 would allow fifty -one residences.
Mr. Delmar Bayliss came forward and noted that the families
will come from the same district in the same areas.
Mr. Riley noted that this in in compliance with the
Comprehensive Plan and the desire to locate housing for the labor
force near potential employment.
The Planning Commission, by general consensus, noted agreement
to the concept.
Discussion next centered on the M -2 and M -1 zonings in the
area and their suitability.
Mr. Horne noted discontentment with dense residential areas
being located near to Heavy Industrial (M -2) areas.
Mr. ward noted that on the eighteen acre tract they would
propose small lot M- zoning and that they are concentrating on this
area because of its accessbility and the availability of gas lines in
this area.
Vice - Chairman Brumback stated that there needs to be a
transition between the residential and industrial zones.
SPOT ZONING POLICY
Mr. Stiles next addressed'the subject of recent discussion by
the Board regarding the newly enacted Planning Commission Policy on
Spot Zoning. Mr. Stiles commented that the Board had requested that
the Planning Commission look this over again, noting that five of the
six Board members expressed considerable reservation regarding this
policy. Mr. Stiles further suggested that this be dealt with in a
worksession.
Mr. Horne commented that it seemed to him at the end of the
Board meeting that the Board members expressed a desire to give the
policy a try as it stands.
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After further discussion, the Planning Commission considered a
possible joint meeting with the Board.
After additional discussion and a suggestion from the staff,
Mr. Golladay made a motion to amend the Planning Commission Policy on
Spot Zoning by the addition of the following phrase: In cases where
the Comprehensive Plan does not reflect the changes in the land use
characteristics and sound planning principles and reasoning previals,
this policy may not always apply. Reasons for deviating from this
policy shall be so stated.
This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby initiate as policy and to be added to the
existing Spot Zoning Policy the following statement: In cases where
the Comprehensive Plan does not reflect the changes in the land use
characteristics and sound planning principles and reasoning prevails,
this policy may not always apply. Reasons for deviating from this
policy shall be so stated.
There being no further business to come before the Commission,
Mr. Golladay made a motion to adjourn. This was seconded by Mr.
Venskoske and passed unanimously.
Respectfully Submitted,
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Chairman