PC_10-18-78_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, October 18, 1978.
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback; Vice Chairman;
James Golladay, Jr.; W. French Kirk; Thomas Rosenberger;
Herbert L. Sluder
ABSENT: Manuel DeHaven; Elmer Venskoske
CALL TO ORDER
The Chairman called the meeting to order and proceeded to the first order
of business.
Minutes of the Meeting -- October 3, 1978 -- Approved as Submitted
Upon motion made by James golladay, Jr., seconded by W. French Kirk and
approved unanimously,
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby approve the minutes of the meeting of October 3, 1978 as
submitted.
BIMONTHLY REPORT
The bimonthly report was discussed. The Commission showed a concern for
several of the site plans and subdivisions being held in the files so long. Mr.
Berg pointed out that Checker Oil had to do a flood plain study and the staff was
awaiting results from the applicant; Goldston Trucking Company's site plan was
being delayed because of their surveyor; Merriman's Estates Subdivision was
being delayed because the preliminary plat is subject to correction and it has
been sent to the surveyor; the Winchester Mall site plan had been rejected
by the Highway Department because of their proposed crossover of Route 7 to the
property. Mr. Berg told the Commission a letter had been sent to the applicants
of Winchester Mall informing them of the Highway Department's comments.
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Mr. Brumback stated that a lot of times the County is accused of "dragging
their feet" on an application when in fact it is held up because of something
the applicant has failed to complete.
SUBDIVISION
Subdivision request by the Nora L. Garber trust for one lot fronting Route 522
South in the Shawnee Magisterial District.
Action - Recommend Approval
Mr. Berg presented copies of the plat to the Commission and told them
this was the same property that had been considered at the meeting of October
4th for a rezoning...
Mr. Donald Garber, applicant, appeared before the Commission.
A brief discussion was held and the following motion was 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 of this subdivision request to the
Board of Supervisors.
The motion passed by the following vote: Kirk; Golladay, Jr.,; Brumback;
Rosenberger; Chairman -- YES
USE PERMIT
Conditional Use Permit No. 016 -78 -- request by L. J. Wright & Son, Inc. to
operate a petroleum storage facility off Route 11 north in the Stonewall
Magisterial District.
Action -- Recommend Approval
Mr. Berg read the application to the Commission and told them the property
would be used for receiving and disbursing gasolines and heating oils; bulk
storage of petroleum products, and a storage tank farm. He stated the existing
buildings would be demolished and the storage tanks would be moved. A new
storage building would be constructed and a storage tank farm installed.
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Loring J. Wright, applicant, appeared before the Commission and stated the
property in question was the old Southern States property. He told the
Commission that the present facilities would not meet current building or fire
code requirements. Mr. Wright told the Commission they would be moving the
storage tanks from along Route 11 to the property in question and the tanks
would be set on concrete on the ground. Mr. Wright stated the property would
be dyked twice the size of the largest storage tank, as required. He also
stated he would have a total of fourteen (14) storage tanks.
A brief discussion was held on who would be inspecting the project.
Mr. Wright pointed out that the whole project had been designed by a
corporation in Richmond and they would also do the actual construction, according
to all the regulations and restrictions. He stated the County Building Inspector
would do the inspecting. Mr. Wright stated they would be meeting 1983 air
pollution controls.
The consensus of the Commission was that Mr. Wright was making a great
improvement to the property.
There being no one appearing in opposition of the request, the following
motion was 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 of a nontransferable permit to the
Board of Supervisors.
The motion passed by the following vote: Kirk; Golladay, Jr.; Brumback;
Rosenberger; Chairman -- YES
Discussion - Fiscal Impact Report
Spencer Elmore and Steven Jacobs, representatives from Daniel A. Robinson
and Associates, appeared before the Commission to discuss a draft of the Fiscal
Impact Report.
Mr. Elmore told the Commission they had been employed by the County to assist
the Commission in a development of a framework of a concept for analyzing the
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(P /C 10/18/78) p 4
fiscal impact of residential developments. He cautioned the Commission on the
utilization of this system on determinations that are made relative to approval
or disapproval of a development. Mr. Elmore stated it would be basically impossible
to devise a system that would be exact in determining fiscal impact of a particular
development, however, it is possible to develop an approach which will give a
good indication of whether a development will have a positive or a negative
impact and a general order of magnitude of that positive or negative impact.
Mr. Elmore stated an approach such as this, when used in conjunction with other
considerations, would be a valid ingredient or element in the decision making
process but cautioned the Commission against using the system as a singular
consideration. Mr. Elmore stated another consideration would be the capital
improvements program. He stated the major fiscal cost of a development, depending
on the scale of the development, is the cost of actual capital facilities that,
may be necessitated. He stated some developments, depending on scale, may not
require or necessitate any additional facilities, however, a large scale develop-
ment may necessitate these facilities. Mr. Elmore told the Commission a Capital
Improvements Program would be needed to show the facilities that were planned
in the absence of a proposed development and then the Commission would have a
basis for approving :or..disapproving a development. He stated the Commission
could look at a proposal and say that this development would require an additional
capital facility, therefore, in evaluating its economic impact the County is
justified in allocating a certain portion of that facility '.s cost.
Steven Jacobs told the Commission they had set out to develop a system
that could associate the County revenue with the expenditures with aspects that
would be found in residential development. He stated as a source for the report
they had used the 1977 County's annual audit report.
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Mr. Jacobs stated the system that had been set up was geared toward owner
occupied, single family, detached subdivision. He stated with modifications, the
system could be applied to a development mixed with commercial and residential
uses as opposed to straight single - family, detached houses.
Mr. Elmore stated that the draft report was incomplete. He stated they
would be using three (3) existing subdivisions and put them through the system
for examples to show the Commission how the system would work. He stated
they would also be adding some basic summaries and concluding comments to the
report.
A discussion was held by the Commission.
Mr. Berg stated that the report used format of the present County budget
but it would make no recommendations or changes in the County Budget. He stated
Jim Boyd, Director of Finance, had reviewed the report and had no problems with
it from an accounting standpoint. Mr. Berg pointed out a Capital Improvements
Program would be a tool for the budget director to use in forecasting County
expenditures coming up.
A discussion was held and it was noted that this system was a planning tool
which allows the County to gain a grasp of what the fiscal impact would be of a
development.
Mr. Rosenberger stated that he thought this study would relate more with the
financial part such as recommendations on methods of financing and new methods
that were not being used by the County.
Mr. Berg stated that when the plan was originally presented to the Commission,
there were two proposals: one was to do a Capital Improvements Program and the
other was to do a study of the impact of residential development. Mr. Berg
stated the Capital Improvements Program would have examined the capital expenditures
that the County has made to date and then it would have gone on as a five year plan
for County expenditures upcoming and it would have included recommendations for
methods of financing the capital improvements. Mr. Berg told the Commission they
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had decided at the time this first presentation was made not to have the
Capital Improvements Program because the County and the City at that time were
discussing courthouse facilities and they did not know what expenditures were
ahead. He stated they had decided to go along with the portion of the study
that had to do with the fiscal impact of residential development of the County.
The Chairman asked the differential of single family versus a planned
development or multi - family development.
Mr. Elmore stated that basically this would involve different characteristics.
of family size, income, and different revenue production in terms of the unit of
land. He stated a higher density development would be more revenue producive
then the single family because of the property taxes, etc.
Mr. Rosenberger asked about the County providing for R -3 development and
then a developer applying for a change in the zoning to R -6 which would increase
the number of families on the property. He stated the services would not be
allowed for and he wondered what the County would do.
Mr. Elmore stated that was the purpose of this fiscal impact system. He
stated the Commission could evaluate the proposal and be able to tell the effects
it would have on the County.
The Chairman asked the status on enabling legislation regarding impact
charges on new development.
Mr. Berg stated there had been no changes in the legislation.
Mr. Elmore stated that he had talked with an associate with the State govern-
ment, and he had been told that a subcommittee of the legislature is addressing
the question of levying charges on new development for school facilities alone.
Mr. Elmore noted that they would be finalizing the report and it would
probably be ready by the middle of November.
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Discussion -- Conditional Zoning
Mr. Berg led the Commission in a discussion on Conditional Zoning. He
pointed out that a rezoning applicant could list conditions.1that the County
could enforce. Mr. Berg stated that if an application is recommended to the
Board of Supervisors and during the Boards' hearing the conditions are changed
then the application would have to come back to the Planning Commission before
it could be acted upon. Mr. Berg told the Commission that in the event an
applicant makes conditions of physical improvements, the County can require
a surety bond to guarantee the improvements will be made.
A discussion was held and it was noted that the Commission could not make
the conditions, however, they could make suggestions as to what they would prefer.
Mr. Berg noted the disadvantages of the conditional zoning as being spot
zoning. He stated there would be a problem with enforcement because every
zoning would be unique.
The Commission discussed the advantages and disadvantages of this conditional
zoning and decided that the Board of Supervisors should be aware of this issue
and the Commission should get a consensus from the Board before they pursue the
issue further.
Mr. Berg presented the plan of work to the Commission. He reminded the
Commission of their joint meeting with the Board of Supervisors to be held on
October 25, 1978 with dinner beginning at 5:30 and the meeting starting at 7:00 PM.
Mr. Berg told the Commission the second priority (Revise agricultural zoning
districts) was a little unclear because they had talked about revising the A -1
and A -2 zones and also, they had talked about having a zone for strictly
agriculture activity.
After a discussion with the Commission, it was noted that both should be
addressed.
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Mr. Rosenberger suggested discussing this preservation of agricultural land
with the residents of the County when the meetings are held in the various
localities for the new zoning maps.
Mr. Brumback suggested that the Soil Conservation District representative
be called in to give an indication of what they consider prime agricultural
land.
Adjournment
Upon motion made by James Golladay, Jr., seconded by Frank Brumback 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,
) - 4"a
Ronald Berg, Secretary
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La,n, g?j6 Gordo
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