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PC_01-04-78_Meeting_MinutesI L_J MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room January 4, 1978 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chai Ian; Manuel C. DeHaven; James Golladay, Jr.; W. French Kirk;; Thomas Rosenberger; Elmer Venskoske ABSENT: Herbert L. Sluder CALL TO ORDER n The Chairman called the meeting to order and proceeded to the first order of business. Minutes of the Meeting -- December 7, 1977 -- Approved with ;corrections: page 356 -- line 23 change "Fruit Orchard, Inc." to read "Fruit Hill Orchard Inc." line 25 change "owned" to '.'owns" and "was" to "is" page 360 -- line 12 change "accept" to "except" line 19 change "Lehmann" to "Lehman" line 20 change "Mr. Larrick had approximately 1,000 acres of land to be subdivided and most of it had twenty -five foot rights -of -way" to read "Mr. Larrick had owned approximately 1,000 acres of land and part of it had been subdivided and part of it had not, and the subdivided land had mostly twenty -five (25) foot rights -of- way." page 361 -- line 1 change "disgression" to "discretion" line 24 change "subdividers" to "lot owners" line 25 change "foot" to "percent" Upon motion made by James Golladay, Jr. and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the minutes for the meeting of December 7, 1977, with corrections. The motion passed with the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES ELECTION OF OFFICERS - 1978 Action - Chairman Elected (C. Langdon Gordon) Incumbent Chairman, C. Langdon Gordon, declared nominationslopen for Chairman. I 374 (P /C 01/04/78) p 2 The nomination of C. Langdon Gordon was made by James Golladay, Jr. and 0 seconded by W. French Kirk. Upon motion made by James Golladay, Jr. 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, Virginia. 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. The motion passed by the,following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger - YES Chairman - ABSTAIN ELECTION OF OFFICERS - 1978 Action - Vice Chairman Elected (Frank Brumback) The nomination of Frank Brumback was made by W. French Kirk and seconded by James Golladay, Jr. ® Upon motion made by W. French Kirk, and seconded by James Golladay, Jr., 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, Virginia. BE IT FURTHER RESOLVED, That the Planning Commission for thelCounty of Frederick, Virginia, does hereby duly elect Frank Brumback as VicelChairman of the Planning Commission,of said County. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Chairman - YES Brumback - ABSTAIN MEETING SCHEDULE - 1978 Upon motion made by Frank Brumback with an addition made by James Golladay, Jr. and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby declare that the Planning Commission regularly scheduled meetings will be held at 2:00 PM on the first and third Wednesdays in the Board of Supervisors room at 9 Court Square, and additional meetings will be by special call. • The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr. Venskoske; Brumback; Rosenberger; Chairman - YES 375 i (P /C 01/04/78) p 3 Presentation by the Sanitation Authority ® Mr. Wellington Jones, Frederick County Engineer Director, appeared before the Commission and gave a slide presentation. Mr. 'Jones told the Commission the presentation was a synopsis of a water distribution study presented in draft for the Sanitation Authority. Mr. Jones added that the purpose ofIthis study was to evaluate the populated areas of the County for water projects with regard to need, line sizing, costs, and feasibility in order to provide the Authority with basic information to make future planning decisions. Mr. Jones stated the County was to be divided into six (6) service areas: Stephens Run Service Area, Middle Opequon Service Area, Abrams Creek Service Area, Route it North Service Area, Route 522 North Service Area, and the Route 50 West Service Area. Mr. Jones told the Commission there had been twenty -eight (28) samples taken to show the ground water quality -- with a minimum of two (2) per,service ® area. He stated the results were not conclusive as to ground water because sixty -two percent (62 %) failed to meet Virginia Department of Health standards. He stated the worst areas were Stephens Run and Route 11 North with the reports showing bacterial -'good and chemical - poor. Mr. Jones stated the Stephens Run Service Area would be a wafer extension from Route 277 with a twelve and ten inch line at an estimated cost of $400,000, and requiring a 400,000 gallon storage tank at an estimated cost of $312,000. The Middle Opequon Service Area consists of the following: Route 522 South with a twelve and ten inch main line, with a 300,000 gallon storage tank at an estimated cost of 1.2 million dollars; Bufflick Loop with a ten inch main at an estimated cost of $227,000; Route 50 East with a ten inch main with an estimated cost of $300,000; and Greenwood Loop with a ten inch main with an • estimated cost of $87,000. Abrams Creek Service Area consists of the following: Route 7 East with a 376 i (P /C 1/04/78) p 4 ten inch main at an estimated cost of $207,000; Northern Loop with a twelve • inch main costing $150,000, and to purchase City owned lines along Route 11 in the County at an estimated cost of $165,000. Route 11 North Service Area consists of the following: Welltown Pike with a ten inch main at an estimated cost of $302,000; Stephenson with a six inch main at an estimated cost of $291,000; Brucetown with a ten inch main at an estimated cost of $250,000; Rest with a ten inch main at an estimated cost of $398,000; and Appletown with a ten and six inch main and a 100,000 gallon storage tank at an estimated cost of $335,000. Route 522 North Service Area consists of the following: Albin with a twelve inch main at an estimated cost of $610,000 with a 250,000 gallon storage tank; Gainesboro with a twelve inch main at an estimated cost of $972,000: and Lake Holiday with a twelve inch main at an estimated cost of $615,000. Mr. Jones stated that if this service area would be built, one • possible source of water would be Lake Holiday and it could serve one million gallons per day and the treatment would cost 1.39 million dollars. Route 50 West Service Area consists of the following: Round.Hill with a ten inch main costing an estimated $781,000 with a 300,000 gallon storage i tank; and Hogue Creek with a ten inch main at an estimated cost of $729,000. Mr. Jones stated that only three of these projects would be feasible at this time: Route 277 East, Stephenson, and Welltown Pike. Mr. Jones told the Commission the study had also touched on the source of supply and had found the most economical source of supply was to purchase water from the City of Winchester. He told the Commission the current demand for water used by the City at this time was 4.4 million gallons per day with i 377 a peak of 6.0 million gallons per day. Mr. Jones told the Commission the ® State Water Control Board decided how much water could be pumped from the Shenandoah River. i 377 i (P /C 1/04/78) p 5 A brief discussion was held by the Commission with Mr. Jones. • .. SUBDIVISION Request for Subdivision approval by Lester C. Foster off Route 642'in the Shawnee Magisterial District. Action - Recommend Approval Mr. Berg told the Commission this was a one lot subdivision. He stated the lot had a private roadway to serve the lot therefore, the highway department did not have to review the plat. Mr. Berg stated it had been approximately a forty (40) acre tract and it was being subdivided into a 5.99677 acre and about a 34 acre tract. Mr. Berg stated the Health Department had reported all require- . i ments had been met, the Public Works Department had reported that there was no flood hazard area, and that all zoning requirements had been met, and that the staff recommended approval of this lot. Mr. Berg told the Commission the width of the right -of -way ranged from thirty (30) to fifty (50) feet, and he added that the purchaser of the property did know the difficulty he could have if he ever wished to develop the thirty -four acre tract since the roadway did not meet Subdivision Code requirements. Mr. Lester Foster, property owner, appeared before the Commission and told them that the roadway was narrow and that additional right -of -way could be obtained if necessary, but the purchaser had decided to buy the property under the present conditions with the thirty. (30) foot roadway. Mr. Berg assured the Commission that he had talked with the purchaser's attorney and they were aware of the conditions. Upon motion made by Frank'Brumback and seconded by W. French Kirk, 378 I BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of this subdivision request to the ® Board of Supervisors. 378 I i (P /C 1/04/78) p 6 • The motion passed with the following vote: Kirk; DeHaven;. Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES SITE PLAN Site Plan No. 030 -77 -- request for approval by Fort Collier Estates and Dawson Investments. Action - Recommend without Recommendation Mr. Berg told the Commission this was the Site Plan that had been presented to the Commission at their last meeting and tabled. He stated the Commission had asked for a traffic count on Smithfield Avenue and he had found that the 1969 traffic count was 1400 vehicle trips per day. Mr. Berg told the Commission they had also asked for some more background on why the City had asked that they turn i down the plan. He told them he had talked with Reed Nester, City Planner, and I • that Mr. Nester had told him the City was extremely concerned about putting any more traffic on Smithfield Avenue, therefore, they opposed any plan that would add this traffic. H. Edmunds Coleman, III, attorney representing Ft. Collier Estates, and I. Fred Stine, Jr., owner of the property, appeared before the Commission. Mr. Coleman told the Commission that Fort Collier was introducing the same site plan as before and that they would:.like the Commission to reconsider the plan. Mr. Coleman told the Commission that Mr. Stine would be glad to answer any questions for them. After a lengthy presentation by Mr. Stine it was noted that he was proposing the roadway to be extended from the private right -of -way that is connected to Smithfield Avenue. Mr. Stine stated he would be willing to terminate the road at the Dawson tract. Mr. Stine told the Commission he was investigating the ® possibility of having an access to the park in the southeast corner of the property, 379 (P /C 1/04/78) p 7 • but it was only a possibility. Mr. Stine maintained that legally the private right -of -way past the school board property was actually his right -of -way onto his property and that he held a title to it. Mr. Stine stated that time was of the essence since Mr. Dawson had to know something by the middle of January. He stated he had made a request to meet with the City, the HighwaylDepartment and the County to discuss future development of the park and future access roadways. A lengthy discussion followed and the Commission hesitated on voting for something that the City of Winchester had definitely asked them not to approve. Mr. Berg told the Commission that the property had not been subdivided and before the County could approve the subdivision request, the City would get a chance to comment on it and that the City had definitely stated that they would turn down the request. Mr. DeHaven stated that he felt since Mr. Stine had a title to the private right -of -way entering from Smithfield Avenue, he didn't see why he should have to have permission to use it. Upon motion made by Manuel DeHaven and failing because of a lack of a second, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of this site plan to the Board of Supervisors with the understanding that the roadway would terminate at the Dawson tract. The Chairman opened the floor for another motion since Mr. DeHaven's motion did not have a second. Mr. Rosenberger stated he did not like to see the site plan held up since time was so important. Upon motion made by Thomas Rosenberger and seconded by W. French Kirk, .• BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby refer this site plan to the Board of Supervisors with no recommendation, and perhaps some of the road problems could be resolved with the City before the Board meeting. The motion passed with the following vote: Brumback - NO Kirk; DeHaven; Colladay, Jr.; Venskoske; Rosenberger; Chairman - YES 380 (P /C 1/04/78) p 8 • The Chairman called a five minute recess. - - - - - - - - - - - - - - - - - - - PUBLIC HEARING Zoning Map Amendment Petition No. 017 -77 of J. J. Russell Jr., Route 1, Box 107, Winchester, Virginia,.and Elizabeth K. and Evert Beekmann, Jr., Route 1, Box 109, Winchester, Virginia, hereby requests that the portions of their properties, located to the East of State Route 522, now zoned Residential- Limited ( -1 ) be rezoned; Agricultural - General ( -2 ). These properties are designated as Real Property Identification Code Numbers 64(A)37 and 64(A)36 and are located in Shawnee Magisterial District. Action - Recommend Approval Mr. Berg told the Commission that several weeks ago he had received a letter from Mr. Russell and the Beekmann's and that he had'at that time presented it to the Commission. He stated that Mr. Russell and Mr. and Mrs. Beekmann were requesting that their zoning be changed from Residential to Agriculture because part of their properties had been changed when the zoning maps were adopted in • 1973. Mr. Berg told the Commission that the Commission had agreed that the i i public hearing should be held to consider this matter and that a representative i should be available to discuss the request. Mr. Evert Beekmann, Jr. appeared before the Commission and told them that the zoning had been changed without their knowledge and that both he and Mr. Russell would like their properties to be zoned agricultural, which was the intended use of the properties. He stated that his father wanted to put a trailer on his property to live in and when they applied for the permit to do this they found out that trailers are not permitted in Residential zones, therefore, he wanted his whole property zoned agricultural not just part of it. Upon motion made by Frank Brumback and seconded by Thomas Rosenberger, BE IT RESVOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval of this rezoning request to the Board of Supervisors. ® The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES 381 i (P /C 1/04/78) p 9 I[ COMMITTEE REPORT The Chairman asked Mr. Brumback to report on the committee meeting held by the City and the County on the Route 50 /Amherst Street study group. Mr. Brumback told the Commission that the committee consisted of James Golladay, Jr., Ronald Berg, and himself from the County and Reed Nester, Jim Berry, and Eddie Schultz from the City. He stated that he felt the committee meeting was very beneficial and that they had agreed to study the area and look carefully at the drainage and sewer problems in that particular area. - - - - - - - - - - - - - - - - - - - - WORK SESSION Discussion of Auctions as permitted uses in Agricultural Zones. Mr. Berg told the Commission that Ms. Stefen, Zoning Administrator, had met with Carol and Edward Place who have a store and auction house,in the County at Cedar Grove. Mr. Berg stated that there were two ways to bring I the auction into conformity with the Zoning Ordinance: (1) to zone the - I store and auction to Business and that would be spot zoning, or (2), to study the text of the Zoning Ordinance to see if auctions could beladded to the permitted uses in Agricultural districts. Mr. Berg stated that he had asked J. Randolph Larrick, attorney for the Places' to issue a letter to this effect and he told them the letter was in their agenda. J. Randolph Larrick, attorney, and Carol and Edward Place appeared before the Commission and Mr. Larrick told them the Places' had been operating a store and an occasional auction at their residence at Cedar Grove. He maintained that they had been having the auctions since August of 1976. Mr. Larrick stated that they had discussed this matter with the administrative staff and 1 it had been decided that they come before the Commission and talk it out to see the feelings of the Commission. Mr. Larrick stated that he was suggesting 1 (P /C 1/04/78) p 10 • that a subparagraph be added to the zoning ordinance to the Section 3 -1 -24 as follows: "T - Auction Houses" or words of similar effect. Mr. Larrick added that he felt it would be compatible with other permitted i uses under the subparagraphs of Section 3 -1 -24 with a conditional use permit. Mr. Larrick stated that the conditional use permit could be issued on a yearly basis, therefore, giving the County complete control of these auctions. The Commission carried on a brief discussion in which it was noted that this problem had been brought up before. Mr. Berg stated he thought the Commission needed some time to think about making a change and they needed to consider the question of how much commercial activity would be compatible with agricultural activity. The Chairman asked the staff to let the Place's continue their business • until the Commission had a chance to work on the situation. Upon motion made by James Golladay, Jr. and seconded by Elmer'Venskoske, BE IT RESOLVED, That the Planning - Commission for the County of Frederick, Virginia, does hereby decide to study auction houses as a conditional use under the A -1 and A -2 zoning sections of the Zoning Ordinance. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES JOINT MEETING The Board of Supervisors had been invited to attend this meeting to discuss recreational developments and the County subdivision requirements. Those present from the Board were: S. Roger Koontz, Chairman; Dr. Raymond L. Fish, R. Thomas Malcolm, Will L. Owings, and Kenneth Stiles. A lengthy discussion of subdivision regulations and how they "should pertain • to regular and mountain land was held. Dr. Fish suggested that a new zoning district should be created and patterned after the current R -5 district but with 383 i (P /C 1/04/78) p 11 five acre lots and far less than five hundred acres to qualify for the zoning • district. Upon motion made by James Golladay, Jr. and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virgina does hereby direct the Commission to work on an R -7 zone and bring the recommendation back to the Board of Supervisors by the first of March. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES The consensus of the group was that this district should apply to the whole County and that the deed covenants should reflect the fact that the roadways are private roads and that performance criteria such as slope and geology should be a part of the construction of the zoning district. The Commission and Board then carried on a discussion of the Stine • Industrial Park and the rights -of -way problems. Adjournment i Upon motion made by James Golladay, Jr., seconded by Elmer Venskoske and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting; there being no further business. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. Respectfully Submitted, H. Ronald Berg, Secretary C. Langdon Go I on, Chairman • 384 -A