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PC_08-02-78_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room August 2, 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 -- July 19, 1978 -- Approved as Submitted 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 of July 19, 1978 as submitted. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman -- YES Mr. Berg told the Commission that he had contacted Mr. Lee of Clarke County concerning the rezoning of a tract of land located at Double Toll Gate and had informed him of the Commission's comments. Mr. Berg stated the public hearing would be held on August 10 and Frederick County's comments would be made a part of that meeting. The Chairman "read a letter he had received from the National Trust for Historic Preservation .(Belle Grove) concerning the Battle of Cedar Creek Camp- ground. Upon motion made by Frank Brumback and seconded by James Golladay, Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby make the letter a part of the minutes. 490 (P /C 8/02/78) p 2 The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman -- YES Mr. C. Langdon Gordon, Chairman Frederick County Planning Commission Route 1, Box 76 -D Winchester, Virginia 22601 Dear Mr. Gordon: It has come to the attention of the Board of Trustees of Belle Grove, Inc., that the Cedar Creek Campground south of Belle Grove at the junction of U. S. Route 11 and Cedar Creek has been recently offered for sale. As you know, Belle Grove, Inc., opposed this facility when it was first proposed to the Frederick County Board of Supervisors and the Planning Commission in 1977. This letter will reiterate our strong feeling that the use of the property as a campground is not compatible with the character of the Cedar Creek Battle- field as a National Historic Landmark nor with that of Cedar Creek as one of the most scenic rivers in Virginia. We remain apprehensive about the possibility of adverse effects of such use on the Battlefield, on Cedar Creek,-and on the area surrounding Belle Grove. We would appreciate having this letter entered into the official record for consideration when the conditional use permit that allows the campground to operate is reviewed. /s/ Sincerely yours, Byron Brill,-D.D.S., Chairman Land Use and Protection Committee Malcolm Brumback, Chairman Property Committee Board of Trustees of Belle.Grove, Inc. CONDITIONAL ZONING Mr. Berg led,the-Commission_.in a discussion on Conditional Zoning. He explained that this was a means by which an applicant could list restrictions on his rezoning application. Mr. Berg stated only the applicant could list the restrictions, the governing body could not. It was noted that a symbol would have to be used on the zoning maps to indicate the Conditional Zoning. 491 (P /C 8/02/78) p 3 Mr. Berg told the Commission that the State Legislature had put a limitation to what type of conditions could be'listed and they include: (1) the rezoning must give rise for the need for the conditions; (2) such conditions shall not include a cash contribution to the County; (3) such conditions shall not include mandatory dedication of real or personal property for open space parks, schools, fire departments or other public facilities not otherwise provided for in § 15.1- 466(f); (4) such conditions shall not include payment for or construction of off -site improvements except those provided for in ® 15.1 - 466(j), no condition shall be proffered that is not related to the physical development or physical operation of the property; and (5) all such conditions shall be conformity with the Comprehensive Plan as defined in § 15.1- 466.1. A discussion was held and it was noted that Conditional Zoning would be discussed at the Institute for Planners to be held at Charlottesville in September. 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 defer action on this discussion until after the meeting in Charlottesville. The motion passed by the following vote: Brumback -- NO Kirk; DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Chairman -- YES It was also suggested that perhaps the Commission should meet with the Board of Supervisors and discuss this conditional zoning. 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, approximately 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 Identi- fication Number 12(A) -3A in Gainesboro Magisterial District. Action -- Withdrawn Mr. Berg told the Commission this petition had been withdrawn.-,.He-stated the staff would be meeting with Mr. Kerns legal counsel to make some changes in the rezoning application before the Commission voted on it. He stated one- half the rezoning fee would be refunded to Mr. Kerns and then Mr. Kerns could 492 (P /C 8/02/78) p 4 reapply after some of the problems had been resolved. Billy J. Tisinger, attorney representing Mr. Kerns, appeared before the Commission and stated the reason for withdrawing the petition was that he was not convinced there was a zoning problem and in effort to study the problem he would like to have the petition tabled, however, he understood that the Commission had a policy to table a petition only onetime. Mr. Tisinger stated they were going to withdraw the petition had then reapply and return sometime in September with a workable solution to a problem that affects the garages all over the County. A discussion was held and the following motion was made by Frank Brumback and seconded by Manuel DeHaven: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby accept the applicants' withdrawal of this rezoning petition and refund one -half his initial application fee. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman -- YES After a brief discussion held by the Commission, 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 move to go into executive session to discuss personnel matters. The motion passed by the following vote: Kirk; DeHaven; Golladay; Jr.; Venskoske; Brumback; Rosenberger; Chairman -- YES The Commission- returned to the Board room at 3:00 PM. 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 move out'of executive session and into regular session. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES Mr. Venskoske entered the room at this point, therefore, his vote is not recorded in the above motion. 493 (P /C 8/02/78) p 5 The Chairman stated that -the executive session dealt with interworking relations between the staff and the Commission regarding information dealing with planning. PUBLIC HEARINGS Zoning Map Amendment Petition No. 010 -78 of Raymond E. Brill Star Tannery, Virginia, requesting that 17.191 acres, of his property 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 the Back Creek Magisterial District. Action -- Recommend Denial Mr. Berg read the application to the Commission and stated that the property would be used for open pit mining for sand and gravel, and an office trailer would be put on the property. Larry Cook, leasee of the property, appeared before the Commission -and stated that the only equipment that would be used would be a sand shaker, a front -end loader and a conveyor. He stated he had talked with the State of Virginia Mining Authorities and the State Water Control Board and they both had stated they would approve the mining operation. A discussion was held by the Commission on the nearby stream. Mr. Cook pointed out that they did not intend to mine closer than seven or eight hundred feet from the stream, however, if there was sand located near the stream then they would be taking it out. More discussion was held on the roads leading from the property. It was noted that the trucks would be using Routes 600 and 603, and both these roads were very narrow and /or stone surfaced only. The Chairman asked for anyone speaking in favor of the petition. FAVOR Raymond Brill, property owner, appeared before the Commission and stated that the operation would be so small that the noise could probably not even be 494 (P /C 8/02/78) p 6 heard by the neighbors. He stated the nearest neighbor was about 1/2 mile from the property. Mr. Brill also stated they would not be polluting the stream and noted that the stream does not flow unless there is a good bit of rain. The Chairman called for anyone wishing to speak in opposition:to the petition. Opposition Bill J. Tisinger, attorney representing Mr. and Mrs. Ross Farrar (residents of Gravel Springs Farms) appeared before the Commission and told them his clients were opposing the rezoning request. Mr. Tisinger stated the reasons for opposing were the noise pollution involved with mining operations and the water pollution that could result from the mining procedure. He also stated that the roads leading from the property were unsurfaced and very narrow. Mr. Tisinger pointed out that the operation may start out being small but once the property is rezoned then the County would have no control over the size of the mining operation. Opposition Esther Moore appeared before the Commission and explained that she lived near the Lutheran Church of which she was a trustee. She stated the Church adjoined-the.-.Brill property and she feared some day the operation would come close to the Church, therefore, she was opposing the rezoning. Rebuttal Larry Cook rebutted by saying there would be no noise pollution. He maintained the Highway Department could post signs to stop the trucks from traveling but one route. Mr. Rosenberger stated the Highway Department could post the signs but that didn't mean the public would abide by them. Mr. Venskoske asked about sedimentation control. Mr. Cook told the Commission he had contacted:-the mining authorities and they had told him he would have to put aside $800 per acre to cover the cost of reclamation when the sand had been removed in case he didn't fill his obligation. 495 (P /C 8/02/78) p 7 A discussion was held and the following motion was 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 denial to the Board of Supervisors of this rezoning request on the grounds of the road conditions and the stream and the following three staff comments: (1) roadways and bridges will require improve- ments at public expense; (2) experience in Back Creek indicates that there will probably be stream degradation; (3) the Comprehensive Plan states that industries outside industrial areas must prove that "no burden will be placed upon the County to supply services, that no degradation of water or air quality . . . An environmental impact statement should be used as a guide and aid in considering such industrial requests." The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman -- YES Mr. Brumback commented that he felt the rezoning would be important to the area if the sand was made available, however, he did not like the idea of putting the industrial zoning in the middle of agricultural zoning because the Commission could not be told how much sand was available or how long the operation would exist on the property. Zoning Map Amendment Petition No. 011 -78 of Julian T. Garber for Nora L. Garber Trust P. 0. Box 67, Winchester, Virginia, requesting that approximately 2.217 acres, on the East side of U. S. Route 522 South one -half mile from U. S. Route 50 East now zoned Business - Limited District ( -1 ) be rezoned: Industrial - Limited District (M -1). This property is designated as Property Identification Numbers 64(A)4 and 64(A)5 and is in the Shawnee Magisterial District. Action - Tabled Mr. Berg, the application to the Commission and told them the property would be used for plumbing wholesale and warehouse. He stated there would be a building constructed of approximately one thousand (1000) square feet. Shirley Slayden and Ken Kisner, representatives from Plaza Real Estate, appeared before the Commission. Mr. Kisner told the Commission the Garber's were out of town on business and he was appearing to represent the petition. 496 (P /C 8/02/78) p 8 The Commission held a discussion on whether or not Mr. Kisner should represent the Garbers'. It was noted that there was a problem with the sight distance on the property and the Commission felt that Mr. Garber should be present to answer the questions they might have. Mr. Golladay stated he thought the policy of the Commission was to have the applicant or the owner present. Mr. Brumback stated he felt the owner or applicant should be present to represent the petition. The Commission discussed the petition and itzwas noted that the petition would not be delayed if it was.tabled because the Commission would be meeting one more time before the Board of Supervisors returned from their vacation. Upon motion made by Thomas Rosenberger and seconded by Frank Brumback, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby table this petition until the meeting of August 16. Also, Mr. King of the Highway Department should be invited.-to-speak to the problem of the sight distance. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman -- YES Zoning Map Amendment Petition No. 012 -78 of Charles W. and Shirley Omps Bloomery Star Route, Box 118, Winchester, Virginia, requesting that 3.816 acres on the South side of Route 522 West approximately two miles from Winchester now zoned Agricultural- General District ( -2 ) be rezoned: Industrial- Limited (M -1). This property is designated as Property Identification Number 42(A)242 and is in the Gainesboro Magisterial District. Action -- Recommend Approval Mr. Berg read the application to the Commission and told them Mr. Omps garage was a nonconforming business and he wanted to build on to the building, therefore, he was applying for a rezoning so he would be a conforming use and could meet the requirements of the Zoning Ordinance. 497 (P /C 8/02/78) p 9 Charles and Shirley Omps, applicants, appeared before the Commission and told them their business was growing and they needed the additional space. The Chairman called for anyone_speaking for or against the petition. James J. McCabe, resident of Washington, D. C., owning property adjoining Mr. Omps, appeared before the Commission and stated that he was not opposing the rezoning but he would like to see the garage cleaned up a bit and the junk cars screened. The Commission held a discussion and the Chairman told Mr. McCabe he would have an opportunity to voice an opinion of the appearance of the garage at a later date when the site plan of the garage was presented to the Commission. It was suggested that Mr. McCabe be sent a notice when the site plan would be presented to the Commission. 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 recommend approval to the Board of Supervisors of this rezoning request No. 012 -78 for Charles and Shirley Omps. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman -- YES REPRESENTATION REQUIRED The Commission held a discussion on who could represent a petition. 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 amend the policy adopted February 4, 1976 that any petition presented to the Commission be represented by the buyer, seller, attorney, or a representative with a written authorization. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske;:-Brumback; Rosenberger; Chairman -- YES �� (P /C 8/02/78) p 10 Adjournment 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. Respectfully Submitted, H. Rbnald Berg, Secretary C. Larigdoff Gordon, Chairman 499