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HomeMy WebLinkAboutPC_04-18-79_Meeting_Minutes( PC 4/18/79) p. 1 MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; James Golladay, Jr; W. French Kirk; Thomas B. Rosenberger ABSENT: Manuel DeHaven, Elmer Venskoske, Herbert Sluder CALL TO ORDER The Chairman called the meeting to order and proceeded to the first order of business. The minutes of April 4, 1979 were approved as presented. BIMONTHLY REPORT The Bimonthly Report was accepted as information. Conditional zoning was tentatively proposed as a subject for the Tuesday evening meeting. Other possibil- ities: the revisions to zoning maps to convert from U.S.G.S. to property identifi- cation maps, revisions to C.U.P guidelines,revisions to parking section, zoning ordinance, revisions to definition of home occupation. Mr. Berg gave as his view that conditional zoning might be most easily dispensed with as it has already been discussed at length. PRESENTATION BY SOIL SCIENTISTS Mr. Bob Holmes and Mr. Googins, State Soil Scientist, from Richmond, came before the Commission to ask for an informal worksession in order to learn how they might best be of help to the Commission: they need to know what is wanted. (See p. 601, 1979 minutes, for previous addressing of this general topic.) The State representative said that the interest of the Soil Conservation Service reflects the concern of the Department of Agriculture in mapping prime, unique,and important soils, since each year such prime lands go into other uses. The program to produce county -wide maps is aimed at keeping strictly agricultural farm lands in service as such; thus, the map project is for use as a planning tool. Early maps, completed, have proved a bit unwieldy. He illustrated with a Warren County map : prime land i green, other important lands for agriculture in yellow. 653 (PC 4/18/79) p. 2 Scale is 1 to 50,000; smaller scale maps, less awkward,are 1 to 100,000, and this change is for the benefit of county planners, and'the soil scientist's aim is to produce helpful maps. The second map shown is the result of a completed soil sur- vey. A mylar overlay can then identify soil meeting requirements as prime agricul- tural. The priority within Frederick County will be the most suitable land first, bypassing the "rougher, steeper areas ". If soil scientists know what is desired, at the time of the completion of the survey, the proper final maps can be made. He pointed out that "At the present time Washington is interested in producing these maps and will cover entire cost." Six county surveys have been done, and seven are in progress. The characteristics of prime soil comprise type, no greater than a certain slope, moisture - holding capacity, etc. To date, "unique" soil category has not been addressed: this might be especially appropriate in Frederick County for good orchard land. He mentioned about 5 classes of land coming under the prime heading. Even though the entire county survey will take until 1981, Mr. Brumback ascertained through questioning that 35% is now complete, the eastern portion of the County from Clarke County and the W. Va. line to Apple Pie Ridge. Mr. Brumback expressed his own vital interest in County agriculture, which he described as of major economic significance. Mr. Holmes answered his question as to the direction of the survey -- that the group would continue working westward; at the end of the mapping season, in about November, "we would have a pretty good strip all the way up to Round Hill completed, from the W. Va. line." Chairman Gordon's question to Mr. Berg as to the best approach to working M in conjunction with the soil scientists drew the reply that perhaps a subcommittee' of the Planning Commission, the extension service, and the conservation service would create a good working resource /participation unit. The State representative stressed that the guidelines his group works under are elastic enough to tailor survey work and mapping to specific needs. Mr. Berg inquired as to whether Frederick.-County mapping would be available in the smaller -scale maps, and was told probably not but that this would not mean 654 (PC 4/18/79) p. 3 per se that some convenient working tools might not be worked out in the meantime. Mr. Golladay wondered if some of the soil information might not be transferable to property identification map. Mr. Googins said the scales of U.S.G.S. maps, property identification maps, and soil maps were all compatible (quarter- topos). The smaller size is of an odd scale, however. Action on cooperation with soil scientists, requesting specific data, etc. was tabled. - - - - - - - - - - - - - - - - - - - - - REZONING -- no action ZMAP 004 -79 submitted by Dennis and Betty Ridings to rezone 7.2 acres from A -2 to M -1 (tabled from the last meeting), Opequon District. i Ms. Stefen reported verbally the contents of her memo on talk with Common- wealth's Attorney, that deed restrictions under present zoning 'conditions are unenforceable. Mr. Ridings appeared before the Board, expressed his own view c as to the usefulness of conditional zoning, and discussed ways and means of restricting the sprawl of his operation by different possible design or placement of septic field. The welding operation itself could be confined to about two acres. When asked, Mr. Berg said that the passage of conditional zoning would be, possible by July if Planning Commission could agree to it in June, and the Board in July. Mr. Ridings said he could make good use of the time were he at all sure i of eventual adoption of the conditional zoning, but that he would be reluctant to go ahead assuming he could use his property for the welding operation. Ms. Stefen suggested that the advertising for conditional zoning, Mr. Ridings' site plan etc. could be tied together in time to come out together, and recommended the Commission members poll themselves now as to approval or disapproval. Mr. Gordon,having the same idea, opened the discussion, and called on Mr. Rosenberger for his views. The latter said he'd have no qualms about the Ridings petition if conditional zoning were adopted. Mr. Brumback demurred slightly on the case if spot zoned, but felt this was a prime example of the usefulness of conditional zoning. Mr. Golladay acknowledged that Mr. Brumback's 655 (PC 4/18/79) p. 4 regret at seeing agricultural land deflected from agricultural use was well taken but said "There's not much we can grow down in that part of the country." Mr. Kirk called attention to Mr. Ridings' "bending over backwards" and said he would go along with conditional zoning. Mr. Gordon concurred but explained the Commission's position as precedent- setting, implying that the later applicants might not be so cooperative, and indicated that the Planning Commission would move along on their share of working for conditional zoning. Mr. Rosenberger warned that the Board of Supervisors would have the final ruling on this, so far as Mr. Ridings' lead time was3 concerned. - - - - - - - - - - - - - - SITE PLAN Request for site plan approval by James T. Wilson for a warehouse building in the Stonewall Development Park. ACTION -- Approved Ms. Stefen gave the background: Approval is sought for an 80' x 180' warehouse with a loading dock, asphalt entrance & parking gravel drive, loading area, and concrete curb. All requirements have been met. She mentioned that there was one untypical feature, that sewer and water will not be availableon the property until later, but that central water facilities, if any, will be constructed by the developer. The petitioner, Mr. James T. Wilson, came forward. He said h'e had a well right next door which delivers 120 gallons per minute. He has done some excavating there, and learned that sewers cannot be installed in disturbed land. Since sewer contract has been let, the sewer will be coming in.. Mr. Brumback's question brought out that apple products after they've been packed may be stored here: he commented that this was sorely needed, and Mr. Wilson replied that he was even under some pressure to get it done in a hurry. He said all loading and unloading would be done in the back. Only one entrance is planned, but if a second entrance should be needed, the setback would be acceptable. There was no opposition to this site plan. Mr. Brumback moved for approval, t 6 :6 (PC 4/18/79) p. 5 Mr. Kirk seconded, and approval was unanimous. BE IT RESOLVED, that the Planning Commission recommend approval of site plan by James T. Wilson for warehouse building in Stonewall Development Park to the Board of Supervisors. Mr. Berg asked that the record show that the site.plan allows of no additional storage or parking in the white area of the present site plan; that is, further use of this land would require a new site plan submission. Ms. Stefen reminded Mr. Wilson that a preconstruction meeting with Public Works is also called for. CONDITIONAL USE PERMIT Request for a C.U.P. by Gerald DeHaven to operate a nonconforming business on Route 522 South. i Ms. Stefen reviewed: One acre, no new buildings, no improvements proposed. Garage is to be used for automatic transmission repair. Adjoining property owners have been notified. A letter has been received on this. Mr. Kirk asked Mr. DeHaven if any work other than transmission work is anticipated, and if all work would be done inside; he also wanted to know if wrecker business would be part of this operation. Mr. DeHaven said he would not be involved in wrecking, and would be working inside the garage. Mr. Rosenberger asked if bringing the drainfield up to standard was a problem. Mr. DeHaven objected to the restroom stipulation of the health department and said that in the wintertime this would freeze. He stated that in future he would be interested in buying the land, and that since the water and sewer were going to be put in, it would be a waste of money for him to do it now. Mr. Berg here emphasized that Mr. Sluder on the telephone had held firmly to this requirement by the Health Department. To the question about how many cars are likely to be around, Mr. DeHaven seemed to say that at times there would be five; he mentioned that on other side of the garage there was a carport. He gave as the reason for this that frequently parts had to be ordered and in order to be fully employed he had to have a backlog while waiting. 657 (PC 4/18/79) p. 6 Mr. Ernest Neff came forward to support Mr. DeHaven's.cl,�imcthat .. the rest - room in the garage could not be kept from freezing, indicating that he, too, was interested in buying the property in question. Mr. Huffman, the owner of the property, also came forward several times during the hearing of the DeHaven petition; he stated that he was depending on the rental of the garage in question to add to his income from Social Security. He brought out past criticisms of this area as a junkyard,(an "illegal automobile graveyard," as defined in the agenda for the current meeting). In the course of the public hearing, the fact was brought out that Mr. DeHaven is in fact operating his transmission repair business in the Huffman garage. Mr.: Ralph Beaver appeared in .opposition, said he lived very near, opposite side of the road. He made no objection to the garage, but he did object to the parked cars. There is evidently a history of difficulty among the parties - i.e., Mr. Huffman and Mr. Beaver - and Mr. Beaver also referred to the past, with cars turning around in his driveway. He - spoke - .of -- cars being torn down for parts and remaining in the yard, people coming to look at the cars (and using his drive). In the past, he said in reply to Mr. Brumback, there had been 15 -20 cars in the Huffman garage area. Questioned by the Chairman on the matter of the business being in operation now, Mr. Berg said this was the first he'd heard of it, and that it was in violation. Ms. Stefen said that the letter to which she'd referred also contained this infor- mation, and had come a day or so before the meeting. Mr. Beaver's parting remark was to the effect that he had been grateful for the peaceful interval after Mr. Huffman had ceased holding cars for insurance companies prior to their being picked up for salvage. . Mr. Chairman read the letter in opposition, to be entered in the minutes, here following: Frederick County Department of Planning and Development Dorothea Stefen, Zoning Administrator a (PC 4/18/79) p. 7 In regards to the permit requested by Mr. Gerald DeHaven to open a repair garage off Rt. 522 So. and Bufflick Road. My husband works out of Maryland and I am a Nurse at the Hospital so we can not be there in person. One piece of land we own adjoins this property on Bufflick Road. Our home is located three houses down on 522 So. We have hoped that this would stay residential. We have some nice homes on this road. People have tried to improve their property. We also have wished for sewer and water to come this far out, so one day one of our children could build on our vacant lot next to this land. If we at any time wanted to put a well there, it would be impossible due to the extended drainfield the Health Dept. has told these people they would have to do. This lot is where I have my garden. My vegetables should grow larger -- So they say in "Japan." On this corner, going to the carport, this is going to be an eyesore. For instance, ride thru Featherbed Lane and look what that garage has done to ruin the houses on that road. At this writing, they are already working there. Thank you. s /Bethel Mathison s /M. J. Mathison Mr. Berg was asked about this business; he said complaints had come in, the staff had contacted the Highway Department, which says this business is not in the Department's survey, done in 1968; they notified Mr. Huffman of the violation. Mr. Berg said it was not clear how much business has been operating there in a continuous way. Mr. Huffman claims the contrary of violation - states no one has proved it. Mr. Rosenberger gave his view that questions for the Health Department were a necessary part of considering this petition. Mr. Kirk suggested tabling the petition, and Mr. Rosenberger so moved;Kirk second- ed: The vote was unanimous to table. The vote: Kirk; Golladay; Brumback; Gordon; Rosenberger - YES BE IT RESOLVED, that request for CUP by Gerald P. DeHaven be tabled until Mr. Sluder is available for questions. Mr. DeHaven asked for a clarification of the zoning issue, and learned that a service station would be a conforming use but that a garage is not. 659 (PC 4/18/79) P. 8 Mr. Huffman appeared to believe that he could go back in business at the old stand if he chose to, operating as he had in the past; Mr. Berg said this was not the case. The petitioner asked about what actions could be taken against him for being in violation, and Ms. Stefen told him he could be fined up to $250 per day. Mr. Gordon explained, trying to lower the temperature of this rather contentious hearing, that perhaps Mr. Sluder could find some avenue not yet explored to aid the petitioner, who continued to express the view that the expense of the restroom required by the Health Department would be an arbitrary financial burden on him. Mr. Brumback, too, tried to introduce a calming note, but pointed out that although sympathetic the Commission was guided by rulings from the Health Department. By tacit agreement, put into words by Mr. Kirk, action on this application was tabled. SUBDIVISIONS Request for subdivision approval by Harry Stine for two lots fronting service road B in Stonewall District. Action -- Recommend Approval Mr. Berg's summation: All requirements have been met, staff recommends approval. Mr. Harry Stine appeared before the Commission, confirmed his request, and the location of the property on a State road. Mr. Berg likened the situation to Gilpin Industrial Park and Lenoir Drive. As there was no one present in objection to the proposal, Mr. Golladay moved for approval, Mr. Rosenberger seconded, and the motion was unanimously approved. BE IT RESOLVED, that request for subdivision approval by Harry Stine be recommended to the Board of Supervisors. 660 (PC 4/18/79) p. 9 Request for subdivision approval by Allen Bond, Sr. for two lots fronting Route 739 in Stonewall District. Action -- Recommend Approval The staff recommended approval, as all requirements have been met, Appearing for the petitioner's wife, Mrs. Mabel H. Bond, were Gary Pearson and Eds Coleman. The Chairman's questions were disrected to the long -range land use as the property has extended road frontage, .yet only two residential lots are now scheduled for development. Mr. Berg had the answer for that: a zoning permit classification would be required if more than three lots are used in an agricul- tural zone. Upon approval of these two lots, there will be available for similar potential development about three to five hundred acre -lots to the south and east. Mr. Rosenberger moved, Mr. Golladay seconded, to approve. Vote was: Kirk;Golladay;Brumback;Gordon - -YES BE IT RESOLVED, that the Planning Commission recommend approval for Allen Bond subdivision to the Board of Supervisors. Item of interest from the National Trust for Historic Preservation - The item in question deals with rural conservation. Discussion turned on whether their service would be free or not. Mr. Berg thought it would, based on his previous experience with the National Trust. This was accepted as information. The final item of the day's agenda Mr. Chairman's opening remark was that all good things come to an end, and only change is permanent. He was referring to the impending loss of Mr. Berg as Director of Planning and Development. He expressed a mixture of regret, understanding, and appreciation, and said "He certainly has served us faithfully and well in the time he was here." 661 (PC 4/18/79) p. 10 Mr. Gordon's resolution here follows, having been approved for incor- poration into the minutes: RESOLUTION OF APPRECIATION The Planning Commission of the County of Frederick, Virginia, hereby expresses its thanks and appreciation to H. Ronald Berg for his years of service and for his contributions to said County in the area of planning and development. During a difficult and transitional period in the history of the County, Mr. Berg has brought both organization and direction to his department, and has been instrumental in formulating and implementing policies which will have long -range positive effects on Frederick County. To a sometimes thankless and difficult job, Mr. Berg has imparted dignity, empathy, intellect, and professionalism, and has shown a willingness to be of service to his fellow man. It is with both understanding and regret that this Commission acquiesce in his resignation request, and does hereby offer this resolution of appreciation for a job well done. --------------- - - - -- Each member present added his personal thanks and gratitude with best wishes for Mr. Berg's new endeavors. Mr. Kirk added that he himself was a lot better informed now, as a result of the association with Mr. Berg.! Mr. Golladay spoke not only for himself but also for his father as really appreciating Ron's accomplishments. Mr. Gordon added, "I think in retrospect we will come to realize -- a lot of us already have -- that Ron was instrumental, so to speak, in getting Frederick County out of the mud in organization and long -range planning. That's my personal feeling, and I think I have a lot of company." Mr. J. O. Renalds spoke to this also, and said "On behalf of the staff as well as myself, Ron's done an excellent job for us. We came here at about I the same time, and he's been a real strong right arm for me, and this Com- mission, too. I would like to thank him for an excellent and a professional job and to wish him the best." 662 (PC 4/18/79) p. 11 Mr. Gordon called on Ms. Stefen to see to the preparation of this letter with room for the signature of all Commission members for presentation to Mr. Berg. The Commission met in executive session, and upon returningiasked Ms. Stefen to serve as its Acting Secretary on an interim basis, effective May 1, 1979. Mr. Rosenberger reported finance committee approval by Board of Supervisors for reimbursement for Commission members' meeting in evening workisessions. There being no further business, members unanimously approve i d adjournment. Respectfully submitted, H. Ronald Berg, Sect ry on . ..