PC_07-05-78_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Room July 5, 1978.
PRESENT: C. Langdon Gordon, Chairman; Manuel DeHaven; James Golladay, Jr.;
W. French Kirk; Thomas Rosenberger; Elmer Venskoske; Herbert L.
Sluder
ABSENT: Frank Brumback
CALL TO ORDER
The Chairman called the meeting to order and proceeded to the first order
of business.
Minutes of the Meeting -- June 21, 1978 -- approved with typographical corrections.
June 27, 1978 -- approved as submitted.
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 approve the minutes of June 21 and 27 with corrections.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger; Chairman -- YES
CONDITIONAL USE PERMITS
CUP /003 -78 -- request by William and Onile Griffith for a grocery store at Route 522
and Route 654.
Action Denial
Mr. Berg told the Commission this permit had been tabled at the Planning
Commission meeting of June 21 so that the members of the Commission could have a
chance to view the site.
Mrs. Onile Griffith appeared before the Commission and stated she had nothing
new to add.
Mr. Rosenberger stated that he had been to the site in question and he felt
due to the high speed traffic on Route 522, the property did not lend itself to a
business use.
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Mrs. Griffith pointed out that Mr. King of the Virginia Department of
Highways and Transportation had inspected and approved the entrance off Route 522.
A discussion was held on the septic system and Mr. Sluder stated the property
did have a limited amount of space, however, it would serve the grocery store
but it would not allow gas pumps. Mr. Sluder also stated the property did not
have enough room to support a house.
Mr. Berg stated that the staff had mailed notices to the adjoining property
owners and there had been no response.
After a discussion, the following motion was made by Thomas Rosenberger and
seconded by James Golladay, Jr.,
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia, does hereby recommend denial to the Board of Supervisors of this
Conditional Use Permit No. 003 -78 of William and Onile Griffith.
The motion passed by the following vote: DeHaven -- NO
Kirk; Golladay, Jr.; Venskoske;
Rosenberger; Chairman -- YES
Mr. Golladay commented that the permit did not meet the Land Use Plan policy.
Mr. Venskoske commented that he was concerned with the safety factor involved.
CUP No. 004 -78 -- request to amend the permit for the Trus Joist Corporation
Action -- Recommend Approval
Mr. Berg stated that this permit had been issued to Elizabeth H. Sager, contract
purchaser, and it had been requested that the permit be amended to read "B. J. Sager,
Inc."
William A. Johnston, attorney representing the petition, appeared before the
Commission and stated the use would remain the same -- Amheuser Bush Wholesale
Distributorship.
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 recommend that the permit be amended -to read "B. J. Sager,
Inc. ".
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The motion passed by the following vote
Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger; Chairman - YES
CUP 11006 -78 -- request by Edward and Carol Place for an auction house off Route
654 at Cedar Grove.
Action -- Recommend Approval
Mr. Berg told the Commission this was a permit to operate an auction on the
Place property. He stated they would be enlarging their restroom. facilities and
the Health Department had approved.
Carol and Edward Place applicants, and J. Randolph Larrick, attorney, appeared
before the Commission. Mr. Larrick told the Commission the applicants had appeared
before the Commission in January of 1978 and since then the Commission and the
Board of Supervisors had amended the Zoning Ordinance to allow auctions in
Agricultural districts.
A brief:,discussion was held and the Commission brought up the statement Mr.
Berg had noted in their agenda about the parking of vehicles along the roadside.
Mr. Berg had suggested that all the vehicles be parked on the Place property.
Mrs. Place stated that there would be no problem with having the vehicles
park on their property.
There being no one appearing in opposition of the permit, the following
motion was 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 a one
year Conditional Use Permit for Edward and Carol Place with the stipulation that
all parking must be on the property.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger; Chairman - YES
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CUP #007 -77 -- review of Mrs. Adam Myers permit for a home for adults.
Action -- Revoked
Mr. Berg told the Commission that when this permit was approved in October
1977, the Sanitation Authority had thought they would have the water and sewer
lines to Mrs. Myers area by June 1, 1978. However, due to the cold winter the
work had been delayed and the project was not scheduled for the area until November.
Mr. Berg added that since these water lines are not available, Mrs. Myers had not
been able to install the required sprinkler system. Mr. Berg told the Commission
the state licensing authorities require that an occupancy permit be issued to any
home for adults and the County Building Inspector can not issue an occupancy permit
until the sprinkling system is installed, therefore, the state licensing authorities
were in the process of revoking Mrs. Myers' license. Mr. Berg stated the only
alternative for the Commission was to revoke Mrs. Myers' Conditional Use Permit
until she could modify the pump to her well and install the sprinkler system.
Mrs. Adam Myers appeared before the Commission and stated she had contacted
a firm in Richmond to put in the sprinkler system. She stated the firm was
supposed to contact Mr. Brown, the Director of Inspections, and find out the
details of installing the system but she had not heard from him. Mrs. Myers told
the Commission she was aware of the problems and if nothing else could be done until
she had installed the sprinkler system then she would remove one of her patients.
A discussion was held and Mr. Berg pointed out that the County was vulnerable
at this time since they were aware of the problem.
The Commission told Mrs. Myers they sympathized with her, however, they had
to protect the County, therefore, they had no alternative except to revoke the
Conditional Use Permit.
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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 recommend that the Conditional Use Permit No. 007 -77 for
Mrs. Adam Myers be revoked.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger; Chairman - YES
SITE PLAN
There being time before the Public Hearings, the following Site Plan was heard
by the Commission.
Site Plan No. 011 -78 -- request for site plan approval.'for Insulation
Company, Inc. in the Gilpin Industrial Park.
Action -- Recommend Approval
Mr. Berg presented the Commission with a copy of the site plan for the
Davenport Insulation Company, Inc.
Mr. Gary Dove, representative of Davenport Insulation Company, Inc., told
the Commission they had made a change on the site plan to cut down on the parking
spaces in the front of the property to meet the deed restrictions. Mr. Dove
explained there would be no outside storage and there would be a loading dock
in the back of the building. He also stated there would be a security fence
around the property which would consist of a six (6) foot chain link fence with
two (2) rows of barb wire on top. Mr. Dove stated there would be about seventeen
(17) employees with twenty -two (22) being a maximum.
After a brief discussion, the following motion was 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 recommend approval of this site plan for Davenport Insulation
Company, Inc., to the Board of Supervisors.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger; Chairman -- YES
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GENERAL
A brief discussion was held to set a meeting date to further discuss the
property identification maps. The meeting date was set for Tuesday„ July 11,
at 7:30 PM.
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A recess was called.
The meeting was reconvened.
After the recess, Mr. Golladay told the Commission he would like for Carroll
Brown, Director of Inspections, to address the Myers' case concerning the sprinkler
system.
Carroll Brown.appeared before the Commission and told them he had talked
with Mrs. Myers many times and in an effort to help her work out her problem he
had discussed the possibility of putting the required number of sprinkler heads
on the domestic water line and using the existing well to supply that water. Mr.
Brown stated the only thing Mrs. Myers would have to do would be to have the heads
installed and put a larger pump on the well to handle the increased water supply.
He stated he had talked with the Virginia Sprinkler Company from Richmond about the
requirements and they had told him they would visit with Mrs. Myers and determine
the number of heads_ required and also make a recommendation of the size pump
needed. He stated the Company had informed him it would be a fairly simple operation.
PUBLIC HEARINGS
Zoning Map Amendment Petition No. 006 -78 of Boyco, Inc. by Rufus C. Boyce, Jr.
(President) 2214 Stonebrook Road, Winchester, Virginia, requesting that 1.01
acres on the Southwest corner of Route 675, (Senseny Road) and Sunset Drive now
zoned Agricultural - General District (A =2) be rezoned Residential - General District
(R -3). This parcel is designated as Property Identification Number 65(A)35 and
is in the Shawnee Magisterial District.
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(P /C 7/05/78) p 7
Action -- Tabled
Mr. Berg told the Commission the property to be rezoned had a frontage of
211 feet and a dept of 193 feet. He stated the proposed use was for single -
family houses consisting of 1008 square feet on crawl space foundations.
Rufus C. Boyce, Jr., President of Boyco, Incorporated, appeared before the
Commission and told them that water and sewer would be available to the area in
the near future.
A discussion was held on rezoning this property before the water and sewer
was available. It was noted that this property was designated in the Land Use
Plan as residential.
Mr. Boyce stated it would not be a hardship for him if the petition was
tabled until water and sewer was available. He stated he had applied for the
rezoning with understanding that the water and sewer would be available,
however, there had been a delay.
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 table this petition for Boyco, Incorporated until the
September meeting.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger; Chairman - YES
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The Chairman announced that the rezoning #007 -78 for Raymond Brill would not
be heard because a sign had not been posted on the property to inform the public
of the rezoning request, however, the Commission would hear anyone who wished-to
speak concerning the application.
Zoning Map Amendment Petition No. 007 -78 of Raymond Brill Star Tannery, Virginia
requesting that 17.191 acres of his eproperty off Route 603 near Route 600 now
zoned Agricultural - Limited District ( -1 ) be rezoned: Industrial - General District
( -2 ). This property is designated as Property Identification Number 69(A)7 and
is in Back Creek Magisterial District.
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Mr. and Mrs. Farrar, residents of Gravel Springs Farm, Star Tannery, Virginia
appeared before the Commission and stated they were concerned about the Gravel
Springs because the Springs originate on�the property sought to be rezoned.
They also stated a concern about the noise nuisance.
The Chairman noted that at this point no one was aware of what type operation
this rezoning would allow.
Zoning Map Amendment Petition No. 008 -78 of Robert Wayne Kerns and Betty Joan
Kerns, Box 26 -A Cross Junction, Virginia, requesting that 1.348 acres, on the
south side of Route 692, approxmiately 0.8 miles from the intersection of
Route 692 and Route 522 now zoned Agricultural- Limited District (A -1) be rezoned:
Business - General District (B -2). This property is designated as Property
Identification Number 12(A) -3A in Gainesboro Magisterial District.
Action -- Tabled
Mr. Berg told the Commission the property sought to be rezoned had a frontage
of 140 feet and a depth of 370 feet. He stated it was proposed that the property
would be used for general auto repair and no new buildings were to be built.
Wayne Kerns, applicant, appeared before the Commission and stated he had
been operating the shop since 1973 and he had applied for a state inspection
license and upon their investigation of the garage, it was found that he was
operating in violation of the Zoning Ordinance because garages were not an allowed
use in an A -1 district.
A discussion was held and Mr. Berg noted that the building permit application
of 1973 stated that Mr. Kerns was to have a personal garage and workshop.
A discussion was held on lawful conforming uses, and unlawful uses. Ms. Stefen
told the Commission that a lawful conforming use was any activity started before
the Zoning Ordinance had been adopted in 1967 and an unlawful conforming use was
an activity that had started operation since 1967 without the County's approval.
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More discussion followed and the Commission stated they would not want
to spot zone, however, they realized there was a need for this type of service.
Mr. Golladay brought up the idea of issuing a Conditional Use Permit to those
persons operating garages in A -1 and A -2 districts.
Mr. Berg stated he felt the Conditional Use--.Permit would be difficult to
regulate and enforce.
After a lengthy discussion,-the consensus of the Commission was to have
a worksession to consider allowing automobile repair garages in A -1 and A -2
zoning districts.
Upon motion made by Elmer Venskoske and seconded by Manuel DeHaven,
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby table this petition until a worksession is held.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger; Chairman -
Zoning Map Amendment Petition No. 009 -78 of Clark E. Copenhaver Sr., Jack Shapiro
and Ralph J. Curry of T /ACS & C, c/o Thomas C. Baker, R. R. 113, Box 188,
Winchester, Virginia, hereby requests that 4.18 acres, at Kernstown between U. S.
Route 11, South and Battaile Drive on State Route 652 now zoned Business - General
(B -2 ) and Industrial - General ( -2 ) be rezoned: Industrial- Limited ( -1 ). This
property is designated as parcel numbers 98 and 107 on Tax Map Number 63 and is
in Back Creek Magisterial District.
Action -- Recommend Approval
Mr. Berg told the Commission this property had a frontage of 163.5 feet and
a depth of 578 feet and the proposed use was for warehousing. He stated the
applicants were proposing a total of 60,000 square feet in several different
buildings; the size of the buildings depending on the tenants' requirements.
Thomas Baker, optinee of the property, appeared before the Commission and told
them he was applying for a down zoning which would restrict the use of the property.
He stated he was planning to do the construction in phases with phase number one being
to build four thousand squarefeet of warehousing which would give him an idea of
the market for warehousing. Mr. Baker stated the buildings would be on the back
side of the property, therefore, he did not feel they would affect the residents
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in the area. Mr. Baker maintained the trend of the area is for industry.
A discussion was held about the water and sewer.
Mr. Berg stated that James Givens of the City of Winchester Water and
Sewer Utilities had commented that the water was available from a fourteen (14)
inch main on Shawnee Drive and the sewer would not be available to the property
in accord with their existing policy.
The Chairman called for opposition to the proposal.
nPPnQTTTnNT
Marshall Glass, property owner across the street from the proposed rezoning,
appeared before the Commission and stated that he was opposed to the application
because it would be spot zoning and he wondered how much a demand there was for
warehousing space. He brought up the fact that Mr. Baker had already had one
piece of property rezoned several years ago for warehousing in the same area
and had not used it. Mr. Glass stated he felt the warehousing would add
additional traffic to Shawnee Drive, and he stated his concern for the water
runoff.
Mr. Glass told the Commission that a= neighbor, David Miller, who could
not be at the meeting was also in agreement with opposing the rezoning.
Cheryl Willingham, resident of Shawnee Drive, appeared before the Commission
in opposition of the petition. She stated her concern with water runoff and the
traffic congestion. Ms. Willingham stated she would like the area to remain
residential on the one side of the railroad tracks. She presented the Commission
with letters from two residents of Shawnee Drive opposing the petition.
Upon motion made by Thomas Rosenberger and seconded by James Golladay, Jr.,
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby move to make the letters a part of the records.
The motion was passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger; Chairman - YES
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To: Frederick County Planning Commission
Due to prior committments we are unable to attend the scheduled hearing for
Wednesday, July 5, 1978. Please be advised that we the undersigned are
opposed to the tract of land on the south side of Shawnee Drive changing
zoning to Industrial- Limited (M =1). We respectfully request that Business
(B -2) and Industrial - General (M -2) zoning remain the same.
/s/ Beulah Smith
Mrs. Lillie Malone
Rt. #3, Box 367, Shawnee Drive
Winchester, Virginia 22601
To: Frederick County Planning Commission
Due to priorrcommittments we are unable to attend the scheduled hearing for
Wednesday, July 5th, 1978. Please be advised that we the undersigned are
opposed to the tract of land on the south side of Shawnee Drive changing
zoning to Industrial- Limited (M -1). We respectfully request that Business
(B -2)and Industrial- General (M -2) zoning remain the same.
/s/ Mr. & Mrs. Asa- Smith
Route 3, Box 368, Shawnee Drive
Winchester, Virginia 22601
REBUTTAL
Thomas Baker appeared before the Commission and stated the reason he had not
used the property he had rezoned earlier for warehousing was that the property
had water and sewer hook -ups and he would like to use the property for a business
with full time employees.
Mr. Rosenberger stated that he felt the M -1 zoning would be a better zoning
classification than what existed on the property. Mr. Rosenberger also stated
he liked -the fact that the buildings would be built as demand required, therefore,
he made the following motion which was seconded by W. French Kirk,
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia, does hereby recommend approval of this rezoning application to the
Board of Supervisors, ZMAP No. 009 -78 of Clark E. Copenhaver, Sr., Jack Shapiro,
and Ralph J. Curry of T /ACS & C.
The motion passed by the following vote: Chairman` - ,ABSTAIN
Venskoske -- NO
Kirk; DeHaven; Golladay, Jr.;
Rosenberger -- YES
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SUBDIVISION
Request for a two (2) lot subdivision fronting Route 671 by Joline Orndoff.
Action -- Recommend Approval
Mr. Berg told the Commission this subdivision was for two lots located
on Route 671. He stated the lots have met the approval of the Highway Department
and the Health Department had located two drainfield sites.
Charles Orndoff, applicant, appeared before the Commission and stated that
he wanted to subdivide the property so that he could keep the slaughterhouse
and sell the house.
Mr. Sluder, Frederick- Winchester Health Department, stated that the property
had excellent soil for the septic system.
Upon motion made by Manuel DeHaven and seconded by James Golladay, Jr.,
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 of Joline Orndoff.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger;
Chairman -- YES
SITE PLANS
Site Plan No. 015 -78 -- Tire Distributors, Inc -- request for site plan approval
in the Industrial Park at Route 50 East and the Airport Road.
Action -- Recommend Approval
Mr. Berg told the Commission the property was located at the corner of
Route 50 and the Airport Road. He stated the employee parking space and the
entrance were to be paved. It was noted that Route 728 was a thirty (30) foot
prescriptive right -of -way, therefore, the site plan would have to reflect that
the owner would dedicate a fifteen (15) foot right -of -way to the State Highway
Department. Mr. Berg stated the dedication of the fifteen (15) feet would move
the employee parking lot back and this would have to be reflected on the site plan.
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Mr. Berg stated it would be advisable to show landscaping of a grassy area
in front of the property with the southern property line being planted with
fast growing pine trees for a buffer.
Henry Bitner of Tire Distributors, Inc., appeared before the Commission and
told them the building would be used for the storage of tires. He stated it
would be mostly indoor storage. Mr. Bitner stated there would be no problem
with the dedication of the land for the right -of -way and the landscaping was
most agreeable. He told the Commission future plans involved the construction
of a retread shop•on the property..,
Upon motion made by W. French Kirk and seconded by Elmer Venskoske,
BE IT RESOLVED, That the Planning "-Commission for the County of Frederick,
Virginia does hereby recommend approval to the Board of Supervisors of this
Site Plan for Tire Distributors, Inc., with the following conditions: (1)
landscaping be added to the south boundary line, (2) no outside storage, and
(3) dedicate the fifteen (15) foot right -of -way to the State Highway Department.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Venskoske; Rosenberger; Chairman YES
Request for certificate of occupancy by Carter Lumber of Virginia, Inc. on Route
11 North.
Action -- Recommend approval
Mr. Berg presented the Commission with a revised site plan as submitted by
the Carter Lumber of Virginia, Inc. He told the Commission the site plan
reflected the three -.(3) buildings which had been constructed on the property and
stated modifications had been made to the parking area. Mr. Berg stated the
site plan did not indicate the landscaping proposal on the balance of the property.
Mr. Berg told the Commission that when the site plan had been approved for this
Corporation, both the Commission and the Board of Supervisors had indicated that
they would like to preserve as many trees as possible on the property and Mr.
Carter had agreed to the motion. Mr. Berg stated that Carter Lumber had applied
for an occupancy permit and upon site inspection it was found that all the trees
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had been removed from the property and he did not feel he could issue the
permit without Planning Commission and Board of Supervisorsapproval.
The Commission voiced their concern for the removal of the trees. The
Chairman told Mr. Carter the Commission did not appreciate an applicant telling
them one thing and doing another.
Alan Carter, President of Carter Lumber of Virginia, Inc., appeared before
the Commission and told them the property was rocky and they had to do a lot of
blasting and the trees had to be removed so the equipment could move around on
the property.
A discussion was held on the trees and Mr. Carter stated he would be willing
to plant some trees to restore what had been removed.
The Commission decided that a tree buffer should be put on the north side
of the property.
Mr. Carter stated the front of the property would be filled in with top soil
and planted in grass seed.
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 recommend approval to the Board of Supervisors of this
request with the following restrictions: (1) trees be planted on the north side
of the property and (2) the front of the property be filled in with top soil and
planted in grass seed.
The motion passed by the following vote: DeHaven -- ABSTAIN
Kirk; Golladay, Jr.; Venskoske;
Rosenberger; Chairman -- YES
Mr. DeHaven stated he would abstain from voting because his property adjoined
the petitioner.
Adjournment
Upon motion made by James Golladay, Jr., seconded by Manuel DeHaven and
approved unanimously,
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(P /C 7/05/78) p 15
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby adjourn its meeting; there being no further business.
Respectfully Submitted,
H. Ronald Berg, Secretary
C. Lang 13n Gordon, Chairman
483