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PC_11-16-77_Meeting_Minutes• MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room November 16, 1977 'PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; W. French Kirk; Thomas Rosenberger; Elmer Venskoske; Herbert L. Sluder, Health Department representative ABSENT: None CALL TO ORDER The Chairman called the Meeting to Order and proceeded to the First Order of Business. Minutes of the Meeting -- November 2, 1977 -- Approved as Submitted BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the minutes for the meeting of November 2, 1977, • as submitted. Upon motion made by James Golladay, Jr., seconded by W. French Kirk and approved by the following vote: Kirk; DeHaven; Golladay, -Jr.; Venskoske; Brumback; Rosenberger - YES 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 - No Recommendation Mr. Berg told the Commission this petition had been tabled at the last meeting and that there was no new information to add to what had already been presented at that meeting. The Chairman asked Mr. Berg to give a review of what occurred -at the last • meeting since Mr. Venskoske was not present at that meeting. Norman Garrison, applicant, and John Prosser, attorney, appeared before the Commission. Mr. Prosser said he had nothing new to add, however, he would like to 347 (P /C 11/16/77) p 2 make the following points: he said that the property adjacent to Mr. Garrison's • property was zoned R -6 and there is.free, open,undeveloped land next to the property. Mr. Garrison showed photographs to Mr. Venskoske of the property. Mr. Rosenberger told-the Commission as he understood it, the present zoning of the developed land with the existing buildings.are non - conforming and in order for Mr. Garrison to sell any of the buildings he would have to obtain a variance. Mr. Berg told the Commission if Mr. Garrison decided to sell the buildings he would have to have a subdivision plat and there would have to be some type of variance given because the lots don't meet the Subdivision Ordinance requirements. He added the houses on the private roadway are a different: matter and they might require some road building on the part of the property owner. Mr. Prosser asked about the developed area where the condominiums and apartment buildings are built he said it was his understanding that it was easier to have those type buildings if the area was zoned-R-6. • Mr. Berg stated it would be easier to have them in R -6 because then the road requirements would not apply to the private road and it could continue to be a private road. Mr. Berg stated that the Commission was not working with.anything that was drawn out on paper so they had to react in a general way. Mr. Berg told the Commission that single family detached dwellings are permitted in R -2 zoning and attached buildings, apartment buildings, and town houses are permitted in R -6 zoning. The detached dwellings would be non - conforming in R -6 zoning. Mr. Prosser told the Commission two of the buildings on the developed property were duplexes and that all the buildings had been built before the Zoning Ordinance was in effect in the County. Mr. Prosser stated that with all the different zonings in the area it would seem that it would be more consistent to make this property all R -6 zoning. He stated the developed portion of this property is already multi- family and it would be more compatible and consistent with the use of the majority of the surrounding property. 348 (P /C 11/16/77) p 3 The Chairman told Mr. Garrison that the question concerning the Commission • was the,total acreage involved. He stated some of the members didn't like changing the zoning on the property that had already been developed. A discussion was held concerning the zoning of the developed property and then the following motion was made. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend to the Board of Supervisors approval of the Zoning Map Amendment Petition No. 014 -77 of Orpha G. Martin, N. W. Garrison, and Shasta B. Garrison. Upon motion made by Manuel DeHaven, seconded by W. French Kirk and failed by the following tie vote: Kirk; DeHaven; Golladay, Jr. - YES Venskoske; Brumback; Chairman - NO Rosenberger - ABSTAIN The Chairman announced that the motion had failed by a tie vote and more discussion was carried on. Mr. Brumback stated that he would like to see a detailed map of what Mr. • Garrison had in mind for the property and he would like to know a timetable telling when he would be starting and when he would be completing the work. Mr. Garrison stated that he was not planning on anything within the next five (5) years. He told the Commission he could not have a plan drawn up until he gets the zoning. Mr. Brumback maintained that in five (5) years the whole situation could change. He stated he thought the rezonings should have a shorter timetable. Mr. Rosenberger stated that his feelings had not changed since the last meeting he still did not approve of rezoning the developed part of the property, however, since he would be having a vote as a Supervisor on the Board he would abstain from casting a vote on the Commission. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend the ZMAP #014 -77 of Orpha G. Martin, N. W. Garrison, and Shasta B. Garrison, to the Board of Supervisors with no recommendation. • 349 11 (P /C 11/16/77) p 4 Upon motion made by James Golladay, Jr:, seconded by Manuel C. DeHaven • and approved by the following vote: Brumback - NO Kirk; DeHaven;.Golladay, Jr.; Venskoske; Rosenberger; Chairman - YES - - - - - - - - - - - - - - - - - - - GENERAL Mr. DeHaven brought up the rezoning application of Buddy E. and Joan W. Spears that had been tabled at the meeting of October 19, 1977. He asked if anything had been heard from the Health Department then. Mr.Berg told the Commission there had been no information from the Health Department except a carbon of a letter that had been sent to the Spears' asking them to locate the distribution box. Mr. Sluder, Frederick - Winchester Health Department representative to the Planning Commission, told the Commission that it appears that the building on • the property is located over the drainfield. The Chairman told the Commission that a rezoning like this one bothered him. He stated that the applicants go through a lot of expense and time and then sometimes the Commission may not even want to consider rezoning that part of the County. He said he had heard a lot of criticism from the citizens and he was just wondering if something should be done to change this policy. Mr. Rosenberger said that he also had some concern about the cost involved in the rezoning however, most of the things involved in planning now and planning in the future would involve the spending of money. Mr. Brumback stated that most of the applications presented to the Commission depended on the Health Department's and Highway Department's comments. Mr. Brumback told the Commission that all the facts have to be in before a decision can be made. He suggested that perhaps the Commission needed a committee to study the • rezonings before the application was presented to the Commission. 350 (P /C 11/16/77) p 5 Mr. Golladay stated that hea thought perhaps a committee of the Commission • could set down and look at the facts:on the rezoning and analysis it to see if it should be presented to the Commission. He stated you could advise the applicant however, they don't have to take the advice. Mr. DeHaven stated that he was concerned with the hardships and delays caused because a septic system could not be located. He said that the applicants in some cases were trying to protect their property in case of fire. He stated without the rezonings,some businesses would be unable to rebuild. Mr. Brumback argued that he thought this was "putting the cart before the horse" because out of his entire term on the Planning Commission he couldn't remember one time where a non - conforming business had applied for a rezoning because of fire. Mr. Rosenberger stated that he thought the committee idea of studying the • rezonings would be inadequate because it would have to involve at least three (3) of the Commission members and this would be about half of the Commission votes. A brief discussion followed and it was decided that the Commission would let the rezonings continue the same way they had in the past. SUBDIVISION Request for Subdivision by Harry F— Stimpson and Allen Properties, Inc. Action - Recommend Approval Mr. Berg told the Commission this was a request for a two (2) lot subdivision east of Stephens City. He stated the first lot is fronting Route 277 and the second lot is located directly behind the first. Mr. Berg stated there would be a sixty (60) foot right -of -way that will be dedicated by this subdivision. Mr. Berg told the Commission that thirty (30) feet of the right -of -way would be from • the Allen Properties, Inc. and thirty (30) feet of the right -of -way would be from the Stimpsons'. Mr. Berg stated the Subdivision had the approval of the Health Department, Highway Department, Sanitation Authority and the staff. 351 , ' (P /C 11/16/77) p 6 Harry Stimpson, III, property owner, and Pete Johnson, attorney at law, • appeared before the Commission. Mr. Stimpson told the Commission the reason he wanted the land subdivided was because his son was going to have a country store on the property and they wanted him to have his own financing, etc. After a brief discussion was held the following motion was made: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of the Subdivision request of Harry F. Stimpson and Allen Properties, Inc. 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 Request by J. J. Russell, Evert Beekmann and Elizabeth Beekmann to correct the zoning of their property located between Route 522 South and the Bufflick Road. • Mr. Berg told the Commission that this rezoning request was to make an adjustment to the maps as they were adopted in 1973 by putting Mr. Russell's.and Mr. and Mrs. Beekmann's property all back in A -2. He stated that part of their property was A -2 and a portion of the property was R -1. Mr. Berg pointed out that the properties in question were listed as land use value taxation and that this was an indication of production and agricultural use. Mr.. Brumback stated that he felt the whole area should be studied before any action would be taken since it was a rezoning. Mr. Brumback asked if there was anyone present to represent the petition. Mr. Berg stated that in cases like this one where it was an administrative error, the property owners were not asked to be present. A brief discussion was carried on about the rezoning. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby grant this request in as much as it was not the petitioners' • making the mistake; moving the property back from Residential to Agriculture. 352 • (P /C 11/16/77) Upon motion made by Thomas Rosenberger, seconded by Elmer Venskoske and approved by the following vote: Golladay, Jr. - NO Kirk; DeHaven; Venskoske; Brumback; Rosenberger; Chairman - YES p 7 More discussion followed in which Mr. Brumback asked what the policy would be in the future for having a representative present for the rezonings. He stated he would like to see someone present to represent the petition. Mr. Golladay said that he didn't see any difference in this 'rezoning and the rezoning of Mr. Bowman's property in Stephens City. He said that Mr. Bowman had applied for a rezoning and had recieved it however, the staff had not recorded it on the maps and the maps were adopted without the correct zoning. A discussion was carried on up or down zoning, and what would happen if someone applied, because of staff error, for an up zoning. Mr. Berg stated that each rezoning request had been taken up on an individual IC basis and.that the Commission has the authority to either accept or deny the rezoning. He stated most of them had been routine and easily handled because they were fairly obvious however, there would be cases where they will be more difficult. More discussion followed on the policy of the Commission. Mr. Berg told the Commission that each time this problem had come up before he had brought it to the Commission and discussed it with them and then a public hearing was held, and that the request that was being presented would be handled the same way. Mr. Golladay stated that the motion Mr. Rosenberger had just made and the Commission had approved was that the rezoning request be changed from Residential to Agriculture. Mr. Berg told the Commission that the rezoning had to have a public hearing. • 353 i (P /C 11/16/77) p 8 • BE IT RESOLVED, That the Planning Commission for the County of Frederick, does hereby resend the motion previously made by Mr. Rosenberger. Upon motion made by Thomas Rosenberger, seconded by Elmer Venskoske and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES FURTHERMORE, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the rezoning request of J. J. Russell, Everett Beekmann and Elizabeth Beekmann to be scheduled for public hearing. Upon motion made by Thomas Rosenberger, seconded by Elmer Venskoske and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES The consensus of the Commission was to make no changes in the policy dealing with the rezonings when the error had been made by the staff. WORKSESSION Review of the amendments to .:the section of the Code dealing with the Subdivision • of Land. Mr. Berg discussed the amendments that had been made to the Subdivision Ordinance as adopted by the Board of Supervisors on October 24, 1977. He told them two (2) changes had been added: the definition of a major and a minor street. He told the Commission he would like to recommend an additional change; and that was to add "d" under Subdivide to read: d. The Administrator may permit the straightening or• rearranging of property lines of adjoining parcels, if such rearrangements are reasonable and conform to the intent of the Ordinance. Mr. Rosenberger stated that he did not think it should read "are reasonable ". Mr. Berg stated that he had used this wording because of all three localities • that he had consulted, they all had used the same wording. Mr. Berg consulted with Glen Williamson, Assistant Commonwealth's Attorney, and it was decided that thecwording "are reasonable" be struck from the statement. 354 (P /C 11/16/77) p 9 • A discussion was carried on about the road requirements. It was decided that additional information would be added during the Public Hearing to be held on the 7th of December. The Commission also showed a concern for a joint meeting with the Board of Supervisors after the public hearing. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby make a motion that the public hearing be held on December 7, 1977, and-also a work session and a joint meeting with the Board of Supervisors be held between December 7 and 14. Upon motion made by Frank Brumback, seconded by Thomas Rosenberger and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES The consensus of the Commission was to change the wording to read: d. The Administrator may permit the straightening or rearranging of property lines of adjoining parcels, if such rearrangements conform to the intent of the Ordinance. Mr. Rosenberger stated that he would like Mr. Berg to do some more research • on the gravel standards of the roads. Review of the Recreation Chapter of the Comprehensive Plan Mr. Berg told the Commission he was in the process of working on the Goals and Objective of the Recreation Chapter of the Comprehensive Plan. He stated that the citizen input was also being added, and asked if there were any comments from the Commission. The consensus of the Commission was that the Chapter was a good guideline. Adjournment Upon motion made by Frank Brumback, seconded by James Golladay, Jr. 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. 355 (P /C 1L/16/77) p 10 • THERE BEING-NOTHING FURTHER TO CONE BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. Respectfully Submitted, 14' H. Ronald Berg, Secretary 12J�r c ,an_L'1td' C. Langdo 6 Gordon, Chairman • • 356