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PC_04-05-78_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room April 5, 1978. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; W. French Kirk; Thomas Rosenberger; Herbert L. Sluder ABSENT: Elmer Venskoske CALL TO ORDER The Chairman called the Meeting to Order and proceeded to the First Order of Business. Minutes of the Meeting -- March 15, 1978 1:00 PM -- Approved as Submitted March 15, 1978 2:00 PM -- Approved as Submitted 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 both sets of minutes for March 15, 1978, as submitted. The motion passed by the..following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES JOINT MEETING ANNOUNCEMENT A Mr. Berg announced that there would be a joint meeting of the Planning Commission and the Board of Supervisors on April 19, 1978 at 7:30 PM to discuss the Subdivision regulations and large lots. CONDITIONAL USE PERMIT CUP No. 002 -77 request by William J. Mooney to renew a Conditional Use Permit for a home occupation. Action - Recommend Approval Mr. Berg told the Commission this Conditional Use Permit had been issued on April 13, 1977 to Mr. Mooney with the provision that it must be renewed annually. Mr. Berg stated there had been no complaints, therefore, the staff was recommending that this permit be renewed with the conditions that: (1) the permit be renewed 427 (P /C 4/05/78) p 2 annually and (2) that there be no visible display. A brief discussion was held and Mr. Berg pointed out that home occupation signs were not permitted in residential zoning districts, thus the condition "no visible display" Upon motion made by James Golladay, Jr. and seconded by Frank Brumback, 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. 002 -77, with the following conditions: (1) the permit must be renewed annually, (2) there will be no visible display. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES SUBDIVISION Section Four of College Park Subdivision -- 12 lots. Action - Recommend Approval Mr. Berg told the Commission this was a subdivision involving twelve (12) lots with central water and sewer and the utilities would be provided by the City of Winchester. He stated the City had accepted the completed water and sewer lines into their system. Mr. Berg stated he had received a letter from Reginald C. King of the Virginia Department of Highways and Transportation stating that the roadways had been built to State standards and the State would be taking over the roadways as soon as three houses were built on the road. The Commission held a brief discussion. Upon motion made by W. French Kirk 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 Subdivision Plat for Section Four of College Park. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES 428 (P /C 4/05/78) p 3 Department of Highways and Transportation Six Year Plan Mr. Berg presented the Highway Department's Six Year Plan to the Commission, and told them this plan was a preliminary proposal. He stated the Highway Department had not met with the County in drafting the proposal. Mr. Berg told the Commission the Highway Department had worked with six goals in planning the proposal and listed them as: (1) To provide a hard surface of width and strength adequate for traffic volume served on all roads carrying fifty (50) or more vehicles per day. (2) To provide all weather stone or gravel surface on all roads from ten to fifty vehicle trips per day. (3) To provide light stone or gravel surface on all roads carrying less than ten vehicles per day. (4) Bring all bridges with less than ten ton capacity up to standard. (5) Provide automatic signalization at all railroad crossings. (6) Reduce high hazard locations and eliminate roadside obstacles to the extent of funding provided. Mr. Berg stated the Highway Department maintains an inventory of needs as determined by an evaluation of all roads in the 1976 secondary -needs study. Mr. Berg told the Commission it would be required that any proposed improvement on the Six Year Plan be listed in the County's inventory of needs. The Commission held a discussion on the different roads in the County and the consensus of the Commission was that they would like to meet with the Highway Department to further discuss this Six Year Plan. The Chairman announced that this Six Year Plan would be tabled until a representative from the Highway Department could be present for a discussion. 429 (P 1C 4/05/78) p 4 Correspondence Mr. Berg presented the Commission with a copy of a letter that he had received from the Department of Highways and Transportation regarding a bridge in the County. Mr. Berg told the Commission that he would be responding to the letter and in his response he would indicate the following things: (1) there is no negative environmental impact with this bridge being replaced; (2) there is no local opposition to the replacement of this bridge; and (3) the replacement is very much needed because of the flooding in this area. Mr. Rosenberger stated he agreed with Mr. Berg and would add that the traffic flow had increased greatly over the years. A fifteen minute recess was held. The meeting was reconvened by the Chairman. PUBLIC HEARINGS Zoning Map Amendment Petition #003 -78 submitted by the Frederick County Planning Commission for Douglas 0. Grimm, P. 0. Box 758, Winchester, Virginia, who hereby requests that eighty -one (81) acres off Route 673 now zoned Residential - General District ( -3 ) and approximately eighty -six (86) acres off Lenoir Drive now zoned Industrial- Limited ( -1 ) be rezoned: Agricultural - General ( -2 ). These properties are designated as Property Identification Numbers 00430A0000016, 00430A0000017, 00430A0000021, and 00430A0000055B and are in Stonewall Magisterial District. Action - Recommend Approval Mr. Berg told the Commission that several meetings ago, Mr. Grimm had met with the Planning Commission and discussed the rezoning of his property to Agriculture. Mr. Berg stated the Commission had given their approval to advertise for public hearing. Douglas 0. Grimm appeared before the Commission and told them he had nothing further to add. 430 (P /C 4/05/78) p 5 A brief discussion was held. There being no opposition, the following motion was made by Manuel DeHaven 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 rezoning application No. 003 -78 of Douglas 0. Grimm. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES AUCTIONS Mr. Berg told the Commission this was a public hearing to change the Frederick County Zoning Ordinance as adopted January 14, 1976, Chapter 21, to add: 21 -1. Auction Houses (to the list of definitions) A building in which the commissioned public sale of goods to the highest bidder is conducted by a licensed auctioneer that occurs more frequently than once a year for other than community non profit organizations. 21 -16. (v), (6) Auction Houses (permitted with a Conditional Use Permit in Agricultural- Limited, A -1, District) 21 -26.. (x), (18). Auction Houses (permitted with a Conditional Use Permit in Agricultural- Limited, A -2, District) 21 -109. (38) Auction Houses (a permitted use in Business - General „ B -2, District) and to amend 21 -109 (1) to read: Retail Stores. The Commission held a brief discussion. There being no opposition, the following 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 recommend approval to the Board of Supervisors of this change to the Zoning Ordinance. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES 431 (P /C 4/05/78) p 6 WORKSESSION Mr. Esten 0. Rudolph, Commissioner of Revenue, and Mr. Roy Jennings, Tax Assessor, met with the Planning Commission to discuss down zoning and to inform the Commission the method taxes are assessed on properties in the County. Mr. Berg presented a list of some properties in the Stephens City area showing the number of acres, zoning, assessment, improvements and the total taxes paid. Mr. Rudolph explained to the Commission that the 1980 reassessment would be different then in previous years because the assessors would have a card on each property designating the type of zoning. Mr. Jennings told the Commission that Mr. Berg had been sending letters to the Commissioner of Revenue's office informing them of a zoning change when an application had been approved by the Planning Commission and the Board of Supervisors. Mr. Jennings stated that they marked the cards for the property when the letter was received but the taxes did not change until the following year. A discussion was held on whether the Commission should down zone the properties or if they should wait until the 1980 assessment and let the assessors tax the people according to their zonings.and then let each person come in and request that their property be down zoned. Mr. Jennings told the Commission there was a Board of Assessors who work with the assessors during the assessment year, and that he felt the Commission could meet with this Board and explain to them their feelings about down zonings and see what could be worked out. Mr. Rudolph stated he felt the Commission should not down zone properties until after the assessment is completed. Mr. Rudolph told the Commission property owners are not notified of the zoning of their property, however, the property owner is notified of any changes in their taxes. Mr. Rosenberger stated he felt the down zonings should be handled at the time of the reassessment. 432 (P /C 4/05/78) p 7 Mr. Jennings told the Commission the properties in the County were taxed mostly according to their uses and not their zonings. 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 move to have the Commission meet with the Board of Super- visors, Mr. Jennings, Mr. Rudolph, and the Commonwealth Attorney to discuss whether they want to wait for reassessment, whether they want to implement down zoning now, or if they want to work on them both together during the reassessment of 1980. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES The Chairman asked Mr. Berg to arrange for this meeting. Zoning - Sunnyside Area Mr. Berg asked the Commission if they wanted to work on the Sunnyside area zonings. He stated that there were several lots with central water and sewer that could be used for residential building but they were zoned Business. Mr. Berg told the Commission several persons had questioned the properties and he wanted to know if they wanted to change the zonings. After some discussion concerning the zonings, the Chairman instructed the staff to make a study of the area and bring a recommendation back to the Commission. Capital Facilities Program - Report Mr. Golladay told the Commission the Capital Facilities Program Committee had met on March 16th and had appointed a sub - committee consisting of J. 0. Renalds, III, Wendell Seldon, Roy Bayliss, and Tom Malcolm to interview firms to do the Capital Facilities study. Mr. Golladay stated the Committee should be meeting by the end of April and the sub - committee should make recommendations at that meeting. 433 (P /C 4/05/78) p 8 Adjournment Upon motion made by Frank Brumback, seconded by W. French Kirk 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, i "- q��z H. Ronald Berg, Secretary C. Lar�gdt Gordon, Chairman 434