PC_11-02-77_Meeting_MinutesMINUTES OF THE MEETING
• OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Room November 2, 1977.
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman;
Manuel C. DeHaven; James Golladay, Jr.; W. French Kirk;
Thomas Rosenberger
ABSENT: 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 19, 1977 -- Approved as Submitted
October 24, 1977 -- Approved with Correction
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby approve the minutes for the meeting of October 19, 1977,
as submitted.
• FURTHERMORE, BE IT RESOLVED, That the Planning Commission for the County
of Frederick, Virginia does hereby approve the minutes of the meeting of
October 24, 1977 with the following correction:
page 335 -- in the motion made by Thomas Rosenberger, the amendments to
the Subdivision Ordinance should be typed instead of just listing the numbers.
Upon motion made by James Golladay, Jr., seconded by W. French Kirk and
approved by the following vote: Kirk; DeHaven; Golladay, Jr.;
Brumback; Rosenberger - YES
Joint Study Committee
The Chairman stated that the City of Winchester had appointed three (3)
members to meet:-jointly with the County Planning Commission in studying the Amherst
Street /Route 37 interchange, with Mr. Reed Nester, City Planner, serving ex- officio.
It was the consensus of the Commission to have H. Ronald Berg, County
Planning Director, to serve ex- officio and for Mr. Gordon, Chairman, to appoint
• two other members.
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BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby impower the Chairman to appoint a committee of three people
to meet jointly with the City Planning Commission as they requested.
Upon motion made by Frank Brumback, seconded by James Golladay, Jr., and
approved by the following vote: Kirk; DeHaven; Golladay, Jr.;
Brumback; Rosenberger; Chairman - YES
The Chairman appointed Frank Brumback and James Golladay, Jr. with H. Ronald
Berg serving as ex- officio to make up the County Study Committee. He proceeded
by asking Mr. Berg to make the arrangements with the City for the joint meeting.
Request for Subdivision
(Harry F. Stimpson & Allen Properties, Inc.)
Action - Tabled until Meeting of November 16, 1977
Mr. Berg told the Commission this was a two lot subdivision, the first lot
fronting Route 277, in the Opequon Magisterial District, outside of Stephens City,
and the second lot is to the rear of this lot and does not front on any state
maintained road; therefore, the Stimpson's are contributing a thirty foot (30')
right -of -way and Allen Property Incorporated is contributing a thirty foot (30')
right -of -way from the adjacent property combining to make a sixty foot (60') right-
of-way.
The Chairman recognized the fact that there was no-one present to represent
the subdivision request. Mr. Berg told the Commission that Mr. Pete Johnston,
of Harrison and Johnston Attorneys at Law, had been notified of the meeting.
Mr. Golladay stated that it was the policy of the Commission to have someone
present, therefore, the consensus of the Commission was to hold the subdivision
request until later in the meeting giving time for the representative to appear.
The subdivision request was held until the end of the meeting but no one came
in to represent it so the request was tabled until the next meeting,(November 16).
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(P /C 11/02/77) p 3
Recreation Chapter of the Comprehensive Plan
• Bill Pike, Director of Parks and Recreation Department, appeared before
the Commission and went over the Recereation Chapter of the Comprehensive Plan.
He explained that the Recreation Chapter had been approved by the Parks and
Recreation Commission and that they had tried to come up with a guide line that
could be effective for the next twelve to thirteen years.
Mr. Pike told the Commission that the Chapter was in four main parts the
first being Inventory which is a summary of recreation land, facilities, and
programs that are currently operated by the County. The second. part is the
goals and objectives. The third part deals with standards for Parks and Recreation
development. Mr. Pike said the Parks and Recreation Commission included national
standards as put out by the National Recreation Parks Association, however, they
were using this for informational purposes only because they felt the National
® Recreation Parks Association standards were morefor urban areas rather than
rural areas such as Frederick County. The fourth part is on recommendation's.
Mr. Pike said that there were thirteen (13) major recommendations. A discussion
was held on the recommendations. Some of the recommendations were as follows:
Emphasis be given to areas where the greater population growth would be occurring.
Mr. Pike said that each magisterial district should have some sort of recreation
facility. Another was working closer with the School Board in developing an
indoor swimming pool as part of the new Senior High School. Mr. Pike said that
three (3) major facilities were planned to serve the County. Two of these major
facilities were already operating -- Clearbrook Park and Stephens City Park -- with
a third being sought in the Western section of the County. Mr. Pike told the
Commission that smaller play areas should be obtained for tennis, etc., in the parts
of the County where a major facility is not available.
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Mr. Golladay brought up the question if the Chapter was based on what the
® Parks and Recreation Commission wanted or if it was based on what the citizens
wanted.
Mr. Pike said that a great deal of time had been spent with the residents
of Frederick County at meetings, etc., and they had added quite a bit of input
to the Recreation Chapter.
The Chairman asked Mr. Berg how long the Commission had to work with this
Recreation Chapter.
Mr. Berg told the Commission they could have as long as they needed, however,
he would like to have it finished up by the end of the year. He added he would
like for the citizen input involved to be added to the Chapter.
The consensus of the Commission was to receive the Recreation Chapter as
input and bring it up at the next meeting for comments after they had time
• to study it.
The Chairman called a fifteen minute recess.
Public Hearings
Zoning Map Amendment Petition No. 014 -77 of Orpha G. Martin N. W. Garrison and
Shasta B. Garrison 20 & 21 Colonial Heights, Winchester, Virginia, hereby requests
that 28.054 acres, adjacent to Route 7 on the South side and Route 659, now zoned
Residential- Limited District (R -2) be rezoned: Multi- Family Residential District
(R -6). This property is designated as parcels No. 54(A)110, 54(A)111, and 54(A)
112, and is in Stonewall Magisterial District.
Action - Tabled
Mr. Berg told the Commission the property sought to be rezoned was located
one -tenth mile east of Winchester, adjacent to Route 7. He stated it had a
frontage of 1721.15 feet on the Valley Mill Road (State Route 659). Mr. Berg
said the property was being proposed'for apartment houses and condominiums.
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• John Prosser, attorney representing the property owners in the application,
and Norman Garrison and Orpha G. Martin (applicants) appeared before the Commission.
Mr. Garrison presented the Commission with some aerial photographs of the
property in question. He told the Commission his plans were to put in townhouses
or condominiums. He stated he had checked with the adjoining property owners
and no one had complained. Mr. Garrison said there were already some townhouses
and condominiums on the property.
There was some discussion of the right -of -way (Route #659) as to its width.
It was decided that the road was a thirty -two (32) foot right -of -way, as
reported by the Highway Department.
When asked about the time -table involved in developing the land, Mr. Garrison
said if he developed the property it would be done in stages, but if a developer
developed the property it would probably be done all at one time. Mr. Garrison
• stated he had no plans for the property at this time because it depended a great
deal on the rezoning.
Mr. Brumback stated he felt that you need some sort of time -table because
if the property is rezoned, legally the developer can start the next day and
this could cause a great burden on the County, as far as providing services.
Mr. Garrison stated that he had no intentions of starting development the
next day.. He told the Commission he would probably start developing within the
next couple of years.
Mr. Prosser told the Commission that Mr. Garrison could not give a specific
answer to the time -table because his plans are of a general nature. He added
that it was his understanding that from a capital stand point, Mr. Garrison
would not be going to develop anything soon.
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• Mr. Brumback argued that a lot of people could be put in the area being
discussed and that the County has- know ahead of time in order to prepare
for it. He added that perhaps Mr. Garrison didn't have intentions of building
right away, however, he could sell the property and this could present another
problem.
Mr. Prosser stated that Mr. Garrison did not plan on doing anything that
would create.problems for the County.
The Commission asked Mr. Berg about the staff comments. Mr. Berg stated
that because of the terrain it would be very difficult to develop all of the
area in the property. He said that a developer could put up high rise apartments
in order to use the land to the best advantage. He'added that there was a lot
of waste land.
Mr. Prosser argued that this reasoning Mr. Berg gave could be said about
any rezoning that would come before the Commission.
The Chairman stated that Mr. Berg was saying that the property in question
had topographic problems that would affect the development of the land.
A lengthy discussion was carried on about the plans of the property.
Mr. Rosenberger stated that he was concerned about rezoning the property
that was already developed. He maintained that he didn't like the idea of
changing the zoning on the developed land which was already R -2.
Mr. Prosser said Mr. Garrison. -had asked that the whole property be rezoned
and he:_saw no reason why it should not be changed to R -6.
A discussion was held on the different zoning surrounding the property.
It was noted that R -2, R -6, M -1, and B -2 zonings are already in effect.
James R. Wilkins, Sr. appeared before the Commission in favor of the
rezoning. He told the Commission he had no objection to the rezoning and he
• was a property owner across the street from the property.
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(P /C 11/02/77) p 7
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The Chairman stated it had been estimated that between three hundred (300)
to five hundred (500) units could be placed on the property.
Mr. Rosenberger stated that he didn't like the idea of changing the zoning
of the property that was already developed. He commented that the developed
area was already R -2 and he saw no reason to change it to R -6.
Mr. Garrison stated that he saw no reason why the whole property could not
be zoned the same thing. He told the Commission that actually the developed
part should be zoned R -6 because there were apartments and condominiums on that
property.
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby recommend denial to the Board of Supervisors of the
Zoning Map Amendment Petition No. 014 -77 of Orpha G. Martin N. W. Garrison
and Shasta B. Garrison .
Upon motion made by Thomas Rosenberger, seconded by Frank Brumback and
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defeated by the following vote: Kirk; DeHaven; Golladay, Jr. - NO
Brumback; Rosenberger; Chairman - YES
A discussion was held concerning the vote and the following motion was
made:
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby table the Zoning Map Amendment Petition No. 014 -77 of
Orpha G. Martin, N. W. Garrison, and Shasta B. Garrison until the next meeting,
November 16, 1977.
Upon motion made by James Golladay, Jr., seconded by W. French Kirk and
approved by the following vote: Kirk; DeHaven; Golladay, Jr.;
Brumback; Rosenberger; Chairman - YES
Zoning Map Amendment Petition No. 015 -77 of Robert E. Burton c/o Sun Oil Company
280 North East Street, York, Pennsylvania, hereby requests that 2.693 acres,
adjacent to Route 11 North near Route 37, now zoned Industrial- Limited District
(M -1) be rezoned: Business- General.District (B -2). This property is designated
on Tax Maps 43(a), 42, and 43(3)D and is in Stonewall Magisterial District.
Action - Recommend Approval
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• Mr. Berg told the Commission the property sought to be rezoned was
located on Route 11 North, and that it was owned by Sun Oil Company. He stated
the property would be used for a branch of the Bank of Frederick County. Mr.
Berg said the bank would be using the existing building and adding an addition
to it.
James Golladay, Jr. disqualified himself from voting because of a financial
interest he has in the Bank of Frederick County.
Frank Brumback stated he would also have to abstain because of a possible
conflict of interest.
Joseph W. White, attorney for Sun Oil Company and the Bank of Frederick
County, and Ronald Miller, President of the Bank of Frederick County,appeared
before the Commission. Mr. White said the property was under contract with
the Bank of Frederick County pending the rezoning. He stated there were no
• other banks in Stonewall District and he felt it would be a community service.
Mr. White said the Virginia Department of Highways and Transportation had approved
the entrance and the Frederick - Winchester Health Department had approved the
septic system.
A discussion was held while Mr. White showed the Commission the site plan
and explained what the bank was proposing.
Mr. Miller told the Commission they were planning to start as soon as the
zoning was approved.
Mr. White stated the present zoning is M -1 and the bank is asking for B -2
which is amore restrictive district.
Mr. Irvin Cather appeared before the Commission and stated that he was
a property owner across the street from the proposed bank and he wondered what:
would happen to the property if the bank decided not to take the property. He
® stated he had no objection to the Bank of Frederick County moving in but he did
not want anything else there.
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(P /C 11/02/77) p 9
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The Chairman explained to Mr. Cather that occasionally there is a request
for a rezoning and then the property is not used as proposed but the Commission
has to act in good faith and vote accordingly.
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby recommend approval to the Board of Supervisors of the
Zoning Map Amendment Petition No. 015 -77 of Robert E. Burton c/o Sun Oil Company.
Upon motion made by Manuel DeHaven, seconded by W. French Kirk and
approved by the following vote: Golladay, Jr.; Brumback - ABSTAIN
Kirk; DeHaven; Rosenberger; Chairman - YES
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Housing Plan Component of the Comprehensive Plan
Mr. Berg told the Commission that this was the public hearing being held
•
on the Housing Plan Component of the Comprehensive Plan. He stated that it
had been discussed many times and it had been referred to the Board of
Supervisors and they had not commented, therefore, it had been advertised
according to the Code.
The Commission shared their consensus that they were very comfortable with
the Plan as a guide.
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia, does hereby recommend approval to the Board of Supervisors of the
Housing Plan Component of the Comprehensive Plan.
Upon motion made by James Golladay., Jr., seconded by Frank Brumback and
approved by the following vote: Kirk; DeHaven; Golladay, Jr.;
Brumback; Rosenberger; Chairman - YES
Adjournment
Upon motion made by James Golladay, Jr., seconded by Frank Brumback and
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approved unanimously,
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Respectfully Submitted,
i )��a
H. Ronald Berg, Secretary
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C. Lanedorcrordon, Chairman
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BE .IT RESOLVED,
That the Planning Commission for the
County of Frederick,
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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,
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H. Ronald Berg, Secretary
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C. Lanedorcrordon, Chairman
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