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PC_05-03-78_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in ; the Board of Supervisors' Room May 3, 1978. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel 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 -- April 19, 1978 -- Approved with Corrections. page 438 -- "slop" to "slope ". page 439 -- "yeard" to "yard ". 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 approve the minutes for April 19, 1978 as corrected. The motion passed on the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES. LORD FAIRFAX PLANNING DISTRICT Presentation and discussion of the Lord Fairfax Planning District Commission Comprehensive Plan Mr. .Carl Hammons from the Lord Fairfax Planning District Commission presented the Commission's plan and gave a brief summation of its contents. Mr. Hammons requested approval of the regional plan on the basis that it conforms with the spirit of the Plan of Frederick County. The only difference he pointed out was the degree of enforcement -- not the goals. He stressed that this plan would properly place community services and give a general guideline for future land use. The Chairman postponed a decision stating the Commission needs to review the Comprehensive Plan and to ask questions and make pertinent comments 441 SUBDIVISION APPROVAL Fort Collier Farms -- one lot -- Stonewall District. Action - Recommend Approval Mr. Edmunds Coleman, representative of the Developer, stated that the Developer wishes to dedicate a right -of -way to the Highway Department. The Highway Department requires a fee simple deed which can only be obtained through subdivision procedures. Mr. Rosenberger made a motion that this action be approved; Mr. Golladay, seconded it. The motion passed on the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES. SUBDIVISION APPROVAL Russell Carroll -- two (2) lots fronting Route 661 in Stonewall District. Action - Recommend Approval Mr. Berg presented the Carroll case and Mrs. Russell Carroll was on hand to answer any questions. There was a brief discussion about the 1.96 acre lot. Mr. Golladay made the motion that subdivision approval be granted; Mr. Brumback seconded it. The motion passed on the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES. 3:00 Adjourned to City Council Chamber to meet with the Winchester Planning Commission to Discuss Apple Acres, Planned Unit Development. APPLE ACRES PLANNED UNIT DEVELOPMENT At the beginning of the joint meeting, Mr. Gordon stressed that the County and City should try to work together to insure proper future development. Mr. Berg expressed three basic concerns of the County Planning Commission: 1. Heavy traffic on Cedar Creek Grade, and no date scheduled for improvement. 2. Traffic congestion at the intersection of Middle Road and Route 11 - which will be aggrevated by new city and county development. 3. Roadway in the proposed development should extend from Middle Road into the County as a public road. 442 Discussion_ followed. It was the general consensus that both planning commissions need to be aware of the future of adjacent land development. The Planning Commission Meeting reconvened at 3:55 PM. SITE PLAN Simon Newlin -- Gilpin Industrial Park in Stonewall District. Action - Recommond Approval Mr. Berg presented the incomplete Site Plan showing soil erosion and sedimentation controls and the commission discussed the plan. Mr. Newlin appeared before the Commission stating that he would be improving the worst section of the lot thus saving the better part for future development. Mr. DeHaven made a motion that Mr. Newlin's Site Plan be approved with a provision that the entrance and front parking lot be hard surfaced. Mr. Brumback seconded it. The motion passed on the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES. CONDITIONAL USE PERMIT Lake Holiday, Inc -- fora directional sign off Route 522 North in Gainesboro District. Action - Recommond Approval Mr. Berg presented the case of Lake Holiday, Inc. Mr. Simms, representative of Lake Holiday, Inc. appeared before the Commission to answer questions. Discussion followed. Mr. Brumback made a motion to recommend approval with the following conditions: 1. Highway requirements as to setback must be observed. 2. Annual renewal of conditional use permit. Mr. Venskoske seconded it. The motion passed on the following voter Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES. CONDITIONAL USE PERMIT W. S. Frey Company, Inc -- Conditional Use Permit -- Stonewall District. Mr. Earl Miley, representative of W. S. Frey Company, Inc. appeared before the Commission to answer questions. He stated that they have not received any compliants and will have permanent restrooms. They will be located at the same location. Mr. DeHaven made a motion to recommend approval of a one year Conditional Use Permit for W. S. Frey Company, Inc.; Mr. Kirk seconded it. 443 The motion passed on the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES. Presentation of amendments to the Zoning and Subdivision Code necessary for compliance with Federal Insurance Administration requirements. The changes to Subdivision Code for roadways in large lots is included. Mr. Berg presented to the the amendments. He stated that changes with Federal Insurance Administration F generally agreed by the Commission that conducted at the May 18th meeting and a June. Commission the background facts prompting in County Ordinances must be made to cohere Lood Plain Maps. Discussion followed. It was review and comment on the Ordinances would be public hearing on this issue would be held in Presentation of amendment to the Zoning Code to deal with Nursing Homes. Mr. Berg stated that at the last meeting, the Commission decided to change R -1, 2, and 3 zoning to include Nursing Homes as a Home Occupation. Upon investigation, it was found that it was more appropriate to use the Hospital section of the Zoning Ordinance, for it included Nursing Homes. The Commission unanimously agreed to permit this change in R -1, 2, and 3 zoning. A public hearing was scheduled for June 7th. Consideration of letter from Board of Zoning Appeals requesting public hearings to change the zoning of Shenandoah Hills and Green Acres Subdivisions from R -2, Residential - Limited to R -3, Residential- General. Mr. Berg presented the background information for this request. Both Shenandoah Hills and Green Acres are older subdivisions designed with narrow sideyards and small lots. With the present zoning, the residents are required to apply for a sideyard variance, because they do not meet R -2 zoning requirements. The Board of Zoning Appeals referred to Section 21- 158(d), of The Code of the County, Frederick Virginia (Chapter 21), "No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring nature as to make reasonably practicable the formulation of a general or recurring nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this Chapter" The Board feels that they are confronted with a "general or recurring" problem in regards to Shenandoah Hills and Green Acres sideyard variances. Therefore, the Board requests the Planning Commission to hold the appropriate public hearings to change the zoning of these two subdivisions from R -2, Residential- Limited to R -3, Residential - General. The Commission held a brief discussion and it was the consensus of the group to grant the Board of Zoning Appeals request, stating that this would take a load off the Board. Mr. Rosenberger made the motion to hold the appropriate public hearings to change the zoning of Shenandoah Hills,.Green:Acres;- Heritage Hill Country Club Estates, Rolling Fields and Frederick Heights from R -2, Residential - Limited to R -3, Residential- General. Mr. DeHaven seconded the motion. The motion passed on the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES. 444 The meeting was adjourned by the Chairman. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. Respectfully Submitted, 4 l ' ( 4 °U H. Ronald Berg, Secretary C. Langd Gordon, Chairman 445