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PC_03-15-78_Meeting_Minutes (2)MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room, March 15, 1978 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; W. French Kirk; Thomas Rosenberger; Elmer Venskoske; Herbert L. Sluder ABSENT: None CALL TO ORDER The Chairman called the Meeting to Order and proceeded to the First Order of Business. Minutes of the Meeting -- March 1, 1978 -- Approved with Corrections March 2, 1978 -- Approved as Submitted page 414 - line 25 - change "amended" to "presented" page 417 - change Kirk vote from "no ". to "yes" page 417 - line 8 - add "seconded by Manuel DeHaven" 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 approve the minutes of March I and 2 as corrected. The motion passed by a unanimous vote. Stine Industrial Park I. Fred Stine, Jr. appeared before the Commission and thanked them for taking the time to visit the industrial park with him. Mr. Stine told the Commission he had a tentative agreement for an access road onto Baker Lane. A discussion was held about the private road going to the Arcadia Mobile Park from Baker Lane. The consensus of the Commission was to have the staff check with the Highway Department and see if there was any action the Commission or the Board of Supervisors could take to have the State take over the road. 419 (P /C 03/15/78) p 2 Mr. Stine stated that he was discussing an additional access on to Route 11 with a property owner who had an existing right -of -way. Mr. Stine asked the Commission to reconsider the resolution made on February 15, 1978, that they would not consider any site plans for the park until there were some definite ideas as to access roads. Mr. Stine stated that he had an agreement in principal to proceed on the right -of -way on Baker Lane. He stated he would not sign a contract until he was sure he had the approval from the County and City as well to use Baker Lane. The Chairman polled the Commission as to their thoughts about rescinding the resolution. Mr. Brumback stated he felt the resolution was still in order until the Commission had something a little more concrete on the access roads. Mr. Venskoske stated he thought Mr. Stine had made a move in the right direction and the Commission now had more to work with then they did before. Mr. Golladay stated he felt part of the problems had been solved, however, there were more to solve and he felt the resolution should stand. Mr. DeHaven stated that he felt Mr. Stine's biggest problem was getting an access road to Winchester. He stated he felt Mr. Stine was in a bind as well as the Commission and he didn't think Mr. Stine's industrial park should be held up and the County loose business. Mr. Kirk stated he would like to have some direction from the Highway Department as to Baker Lane before any decisions were made. Mr. Rosenberger stated he felt Mr. Stine had made an effort to meet with the Commission and show them the park. He stated he would concur with Mr. DeHaven that Mr. Stine should be able to talk with people interested in the park. Mr. Stine stated that he felt there was sufficient access to serve the South side of the park. He maintained that the actual roads would be built according to the needs of the industries. 420 (P /C 03/15/78) p 3 The Chairman pointed out that the reason the Commission made the resolution on February 15 was that they felt there had not been enough.input on the long range plans concerning the traffic flow. Upon motion made by Thomas Rosenberger and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move to rescind the resolution passed February 15, 1978, regarding the Stine development. The motion passed by the following vote: Golladay, Jr. - NO Kirk; DeHaven; Venskoske; Brumback; Rosenberger; Chairman - YES The Chairman requested Mr. Stine to make an effort to keep the Commission informed about the progress of the access roads to the park. Mr. Berg stated that he would be contacting the Highway Department and the City of Winchester in regards to Baker Lane. CONDITIONAL USE PERMIT Conditional Use Permit 11001 -78 submitted by Mark Garber requesting a home occupation in The Meadows Subdivision. Action - Recommend Approval Mr. Berg told the Commission this was an application - -being submitted by Mark Garber who wanted to buy a house owned by James T. Alkire in The Meadows Subdivision. Mr. Berg stated Mr. Garber was applying for a permit to operate a beauty parlor_in the home. Mark Garber told the Commission he did not want to purchase the house if he could not have the beauty parlor. He stated his wife would be the only operator and the shop would be operating three (3) days a week. Mr. Garber stated there would be sufficient parking for four (4) vehicles. Mr. Brumback asked about the Health Department restrictions. Mr. Sluder stated the Health Department requires a certain amount of square footage for the Shop and they would make routine checks. It was noted that the house would be on central water and sewer. , 421 (P /C 03/15/78) p 4 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 recommend approval to the Board of Supervisors of this Conditional Use Permit No. 001 -78 for Mark Garber. Mr. Brumback stated he felt there should be a condition added to the motion stating that it should be reviewed on a yearly basis. After a brief discussion, the following amended motion was 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 recommend approval to the Board of Supervisors of this Conditional Use Permit /001 -78 for Mark Garber with the conditions that it be granted for one (1) year, that it be non - transferable, and that it be limited to one (1) operator. The motion passed with the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES SUBDIVISION Subdivision request for forty -seven (47) lots, Sections 9 and 10 of Stonebrook Farms, located in the Back Creek District. Action - Recommend Approval Mr. Berg stated the Health Department and Highway Department had approved the lots and the staff had reviewed them. Mr. Berg stated the plat would have to be revised to show the cul -de -sacs being built to the property line. Thomas Glass, property owner, appeared before the Commission and told them this was the final section of the Subdivision as was presented to them five (5) years ago in a master plan. A discussion was held on the number of lots (226) in Stonebrook. There was some concern about each of the lots having their own water and sewer system and who would be responsible if the systems failed. 422 (P /C 03/15/78) p 5 Upon motion made by Frank Brumback and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this Subdivision request for Stonebrook Farms Sections 9 and 10. The motion passed by the following vote: DeHaven - NO Kirk; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES Zoning Map Amendment Petition No. 002 -78 submitted by G. M. Kerns, contract purchaser acting for Marquis Property of Winchester and Duane B. Dillard, 3237 Valley Avenue, Winchester, Virginia who hereby requests that 2.506 acres North- west of Winchester on the North side of U. S. Route 522 on the West side of Darlington Drive now zoned both Business - General District (B -2) and Residential - General District (R -3) be rezoned: all Residential - General District (R -3). This property is designated as Property Identification Number 053AOA0000002 and is situated in Stonewall Magisterial District. Action - Rescind Previous Action Remain Tabled Mr. Berg told the Commission that several problems had resulted from the meeting of March 1, concerning this rezoning. First, he wanted to discuss with the Commission changing the Darville Subdivision zoning from R -3 to R -1 or R -2. Secondly, Mr. Berg stated that G. M. Kerns and Swag Koonce along with some of the residents of the Darville Subdivision were available to discuss the compromises they had worked out concerning this rezoning application. The Chairman stated the Commission would hear Mr. Kerns, Mr. Koonce, and the residents compromises first. Mr. Berg told the Commission if they were comfortable with the compromises that the petitioners were presenting then the Commission could table this rezoning application and authorize Mr. Kerns to present his subdivision plat along with the deed covenants and then the rezoning application, subdivision plat and deed covenants could be recommended to the Board of Supervisors at one time. Mr. Berg stated this way the residents would be guaranteed their compromises would be carried out. 423 (P /C 03/15/78) p 6 Mr. Kerns and Mr. Koonce appeared before the Commission and stated they had met with the residents of the Darville Subdivision and had reached a compromise Mr. Kerns stated there would be six (6) lots instead of the seven (7) that were originally anticipated. He stated the size of the houses had been increased to: single story dwellings consisting of 1,500 square feet, split level dwelling and two -story dwellings consisting of 1,200 square feet on the first floor and the houses would be at least fifty (50) percent brick. Mr. Kerns stated they were still asking for an R -3 zoning. James L. Berry, attorney representing twelve (12) families in Darville, appeared before the commission and stated he was not withdrawing the opposition to the R -3 zoning, however he was present to explain the progress that had taken place since the meeting of March 1. He told the Commission the residents had met with the developers and they had reached a compromise on the lots. Sheila Naravas, resident of Darville Subdivision, told the Commission the residents were more concerned about the size of the house that was to be built on the lots and they were satisfied with the six (6) lots. A discussion was held by the Commission. Upon motion made by James Golladay, Jr., and seconded by Thomas Rosenberger, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby rescind the motion of March 1 denying this rezoning application 11001 -78. A discussion followed. The Chairman stated he thought that the motion should also reflect that the Commission was tabling this petition. The following amended motion was made by James Golladay, Jr., and seconded by Thomas Rosenberger: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby rescind the motion of 'March l denying this rezoning application and table the application until a subdivision plat is presented. 424 (P /C 03/15/78) p 7 The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES A five minutes recess was held. The Chairman reconvened the meeting. Capital Facilities Program The Chairman stated the discussion of the Capital Facilities Program would be held at a later meeting. Presentation of New Zoning Maps Mr. Berg presented color -coded maps of zonings to the Commission. He stated there were two alternatives,the first being to acknowledge the existing zoning and the second to adopt the maps by down- zoning all the vacant lands that were not be using according to their present zonings. Mr. Berg presented the Stephens City Quad map and pointed out the agricultural land that is zoned residential. The Commission held a discussion on down- zoning and the consensus was to invite Esten Rudolph, Jr., Commissioner of Revenue, and Lawrence Ambrogi, Commonwealth Attorney, to meet with the Commission and discuss the taxing of properties according to the zoning and down- zoning. Adjournment Upon motion made by James Golladay, Jr., seconded by Manuel DeHaven and approved unanimously, 425 (P /C 03/15/78) p 8 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 ( ft ra .dli 11�� C. Lang Gordon, Chairman 426