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PC_08-03-77_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room August 3, 1977 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; W. French Kirk; Thomas Rosenberger; Elmer Venskoske; R. Wesley Williams ABSENT: None CALL TO ORDER The Chairman Called the Meeting to Order and proceeded to the First Order of Business. INTRODUCTION OF NEW ME14BER The Chairman introduced the new Commission member from the Shawnee District, • Mr. W. French Kirk. Mr. Kirk told the Commission he was very grateful to be appointed to the Planning Commission. Minutes of the Meeting -- July 20, 1977 -- Approved with Correction BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the minutes of the meeting of July 20, 1977 as submitted with the following correction: page 6, line 3: add Mr. Johnson's first name "Robert ". Upon motion made by James Golladay, Jr., seconded by Elmer Venskoske and approved by the following vote: Kirk - ABSTAIN DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES CHANGE IN PROCEDURE The Commission discussed the motion on page two, and decided it was very • confusing to have the motion first and the resolution last, therefore, it was suggested that the resolution be recorded first and the motion last in the minutes. 1 292 (P /C 08/03/77) p 2 BUILDING PERMITS • Report from the Health Department Action - Recommended ADDroval The Chairman called upon Mr. R. Wesley Williams to report on the mobile home building permits of Mr. Robert Johnson. These permits had been tabled v at the meeting of July 6, 1977 and referred back to the Health Department. Mr. Williams read a letter that Mr. Robert Johnson had sent to the Health Department. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby direct the letter of Mr. Johnson to be added to the Minutes. Upon motion made by James Golladay, Jr., seconded by Frank Brumback and approved by the following vote: Kirk - ABSTAIN DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES ® The following is the letter received by the Health Department dated August 3, 1977 to Mr. Robert Wittmann, Sanitarian, Frederick - Winchester Health Depart- ment, from Mr. Robert B. Johnson, Route 7, Box 361, Winchester, Virginia: "This letter is in response to your request for a statement of my intentions regarding the above referenced lots. It is my intention as long as there are septic systems and one well serving lots 36, 37, and 38 to treat it as one single tract of land. If I sell'the lots under the above conditions, I will sell the three (3) lots as one I reserve the right to sell the lots separately if I move the trailers off of the lots and abandon the septic systems or the lots are served by public water and sewer." /s/ Robert B. Johnson The Commission decided that the letter answered their questions. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval to the Board of Supervisors of the building permits of Mr. Johnson. Upon motion made by Thomas Rosenberger, seconded by Manuel DeHaven and approved by the following vote: Kirk - ABSTAIN DeHaven; Golladay; Jr.; Venskoske; • Brumback; Rosenberger; Chairman - YES 293 (P /C 08/03/77) p 3 Work Program for 1977 -78 • Mr. Berg told the Commission that Frederick County was having a study made by a management consultant and one of the things that they suggested was for the Planning Commission to issue a plan of work for a period of time to the Board of Supervisors, and by doing this the two governing bodies would have an idea of what was being considered. Therefore, a list was provided to the Commissioners listing projects they had started and some they had just talked about. After a discussion, it was decided to list the projects according to priorities and to present the list to the Board of Supervisors at a September joint meeting. Mr. Rosenberger told the Commission the Board of Supervisors had appointed a Committee to look into the Capital Facilities because of the urgent needs in the County. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby request a meeting with the Board of Supervisors in September. • Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES The priorities set up by the Commission for the joint meeting were as follows: 1. Capital Facilities Plan 2. Housing Plan 3. Down Zoning 4. Revisions to lot sizes and minimum requirements The consensus of the Commission was to send a copy of the Housing Plan to each of the Board members and request their comments before.a public hearing was held on the Housing Plan. A discussion was then held on the Sanitation Authority, and the recent emergency that had come up at the meeting of July 20, 1977, regarding well problems in the Lone Oak Subdivision. • 294 (P /C 08/03/77) p 4 • BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby request the Sanitation Authority to have before the Planning Commission by January 1, 1978, a list of the priority areas, broken down to water and water and sewer. Upon motion made by James Golladay, Jr., seconded by Frank Brumback and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES PUBLIC HEARINGS AN AMENDMENT TO THE FREDERICK COUNTY ZONING MAP, adopted November 1, 1973, as amended, TO REZONE FROM RESIDENTIAL- LIMITED DISTRICT ( -2 ) TO RESIDENTIAL - GENERAL DISTRICT ( -3 ) those parcels on the East side of Route 11 from the Redwood motel north to the lot of Bessie Miller Funk and on the West side of Route 11 those parcels from the Stephens City Corporate limit North to the lot of Blanche Gardner. These properties are designated as parcels 90 -94 on Tax Map 74(A) and parcels 7 -10 on Tax Map 74B(1) and are in the Opequon Magisterial District. Action - Recommended Approval • Mr. Berg told the Commission that this rezoning came about when Dr. and Mrs. Urena applied for a rezoning of their Redwood Motel property. Mr. Berg explained that the change would be only a matter of paper work and would not effect the residents. Mr. John Prosser attorney representing Dr. & Mrs. Urena, appeared and expressed that he was in favor of the petition for rezoning. He stated the rezoning was necessary in order that Dr. & Mrs. Urena could carry out their plans for a home for senior citizens. Mr. Golladay ,- - representative of Opequon District, told the,Commission that he had heard no comments from the people in Stephens City. Mr. Berg told the Commission several people had contacted his office about the rezoning and he had explained to them exactly what the problem was and they understood and felt it was reasonable. • I L 295 (P/C 08/03177) p 5 • BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of the rezoning amendment. Upon motion made by James Golladay, Jr., seconded by Frank Brumback and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES Zoning Map Amendment Petition No. 010 -77 of E. & D. Enterprises, Inc. Box 15 Stephenson, Virginia, hereby requests that 1.53 acres, more or less, located at the intersection of Route 11 North and Route 669 now zoned Agricultural - General District ( rezoned; Business - General District ( -2 ). This property is designated as parcels 23 and 24 on Tax Map 33A(1) and is in the Stonewall Magisterial District. Action - Tabled Mr. Berg read the application of E. & D. Enterprises, Inc., to the Commission. The Chairman read a note from the Health Department saying that they had • not been contacted regarding the sewage facilities to serve this property. Mr. Sluder, Health Department Sanitarian, stated he had visited the property and unless the property extended for a distance acrosscthe drainway on the South side, there appeared to be no suitable area for a septic tank and drainfield. Mr. Sluder stated the area was mostly "swampy" Mr. E. D. Hart, owner of E. & D. Enterprises, Inc., appeared before the Commission and said he had a buyer for the'property but the purchaser wanted it rezoned first. Mr. Hart said the purchaser would be using the property for a sales building. He said the Health Department had issued a permit for the septic system, however, the drainfield had been put in about four (4) or five (5) years ago and it was never covered up or finished.. Mr. Hart said the septic system was designed for a garage. Mr. Berg stated that during his conversation with Mr. Sluder, he had learned 40 that the old Health Permit that had been issued for the drainfield had been 296 (P /C 08/03/77) p 6 • cancelled because of the amount of water that was in the trenches. Mr. Berg said he-.had interpreted from this conversation that it would not be possible to find a location for a drainfield on this property, therefore, a health permit could not be issued. Mr. DeHaven representative from Stonewall District, told the Commission that he was going to abstain from commenting or voting on this rezoning since he was an adjoining property owner. He stated he had no objections as long as the requirements were met. Mr.. Brumback opined he thought the applications had to have the Health Department and the Highway Department approvals before the Commission acted on the application. BE IT_RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby table the ZMAP No. 010 -77 of E. & D. Enterprises, Inc., until the meeting of August 17, 1977, so further information can be obtained from the Health Department. • Upon motion made by James Golladay, Jr., seconded by Thomas Rosenberger and approved by the'following vote: DeHaven - ABSTAIN' Kirk; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES - - - - - - - - - - - - - - - - - - - - SUBDIVISION Earl Haines Lots 4 lots fronting Route 259 in the Back Creek District. R -2 Zoning. Health and Highway approved Action - Recommended Approval Mr. Earl Haines appeared before the Commission and told them these lots were part of the Finger Lakes Estates. He stated the lots are along the high- way with two entrances available. Mr. Haines stated he does not own any more adjoining land. He told the Commission, Mr. Robert Wittmann, Health Department Sanitarian, had checked the property and gave his approval for septic systems. • 297 (P /C 08/03/77) p 7 E BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors the Earl Haines Lots Upon motion made by Thomas Rosenberger, seconded by Manuel DeHaven and approved by the following vote: Golladay - NO Kirk; DeHaven; Venskoske; Brumback; Rosenberger; Chairman - YES GENERAL The Commission had a discussion on approving small lots, and decided to include this as a problem to be discussed with the Board of Supervisors at the joint meeting. The Commission also discussed the City of Winchester's commenting on • subdivision applications made to the County. Mr. Berg explained that the City reviews the applications if they are within a three (3) mile radius of the City. He also stated that the Frederick County Board of Supervisors would have the final action on the application. The Rouss Company Land one lot fronting Route 616 in the Back Creek District. A -1 Zoning. Health and Highway approved. Action - Recommended Approval Mr. James Golladay Jr. and the Chairman disqualified themselves from voting on this petition. Mr. Berg told the Commission that this application was for a one lot sub- division. He stated Mr. Gregory had to bring this to the Planning Commission because he had already received his one 'variance on the property and the lot was less than five (5) acres. Mr. John Gregory, representing the Rouss Company, appeared before the Commission • and stated he had his property into five acre lots. He stated that he M . (P /C 08/03/77) p 8 • had taken his one variance nad now.he had approximately seven (7) acres left and he wanted to build two (2) houses on it so he needed their approval to subdivide this lot. Mr. Berg stated all zoning, Health Department and Highway Department requirements had been met. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of the Rouss Company land. Upon motion made by Manuel DeHaven, seconded by Thomas Rosenberger and approved by the following vote: Golladay, Jr.; Chairman - ABSTAIN Venskoske; Brumback - NO Kirk; DeHaven;.Rosenberger - YES JUNK CAR ORDINANCE it needed to be decided whether or not the Commission felt it was ready for the Board of Supervisors decision. Action - Recommend Consideration Mr. Brumback said he felt the proposed Ordinance had been "watered down" too much and he felt it needed to be reconsidered, however, the Ordinance was better than none. Mr. Venskoske stated he thought the first proposed Ordinance was better but he also felt it was better than none. Mr. Golladay stated he would concur with Mr. Brumback and Mr. Venskoske and he thought it was time to pass the Ordinance on. Mr. DeHaven stated he thought it should be passed on to the Board of Supervisors. I 299 ' Mr. Berg pointed out that a public hearing had been held on the proposed • Junk Car Ordinance and that it had been tabled several times to give the full Commission a chance to act. He said the wording had been accepted and now it needed to be decided whether or not the Commission felt it was ready for the Board of Supervisors decision. Action - Recommend Consideration Mr. Brumback said he felt the proposed Ordinance had been "watered down" too much and he felt it needed to be reconsidered, however, the Ordinance was better than none. Mr. Venskoske stated he thought the first proposed Ordinance was better but he also felt it was better than none. Mr. Golladay stated he would concur with Mr. Brumback and Mr. Venskoske and he thought it was time to pass the Ordinance on. Mr. DeHaven stated he thought it should be passed on to the Board of Supervisors. I 299 ' (P /C 08/03/77) p 9 0 • The Chairman stated he thought the members had put a lot of time and work into the Ordinance and he also felt it was time to pass it on. BE IT RESOLVED, That.:the Planning Commission for the County of Frederick, Virginia does hereby recommend consideration of the Junk Car Ordinance to the Board of Supervisors. Upon motion made by Elmer Venskoske, seconded by Frank Brumback and approved by the following vote: Kirk; Rosenberger - ABSTAIN DeHaven; Golladay; Venskoske; Chairman - YES - - - - - - - - - - - - - - - - - - - - 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. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION,.THE MEETING WAS ADJOURNED. • Respectfully Submitted, �ji &!�z H. Ronald Berg, Secretary C. Langdon Gc on, Chairman • 300 \ J