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PC_12-21-77_Meeting_Minutesi r] OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room December 21, 1977. MINUTES OF THE MEETING 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 ABSENT: None CALL TO ORDER The Chairman called the meeting to Order. OLD BUSINESS • Zoning Map Amendment Petition No. 013 -77 of Buddy E. and Joan W. Spears, c/o Benjamin M. Butler, P. 0. Drawer 2097, 11 South Cameron Street, Winchester, Virginia, hereby requests that 1.54 acres, on the East side of Route 522 at its intersection with State Route 642 now zoned Agricultural - General District (A =2) be rezoned: Business - General District ( -2 ). This property is designated as parcel No. 83 on Tax Map 76 and is in Shawnee Magisterial District. Action - Withdrawn Steve Butler, attorney at law with McKee and Butler, appeared before the Commission representing the Spears' He told the Commission a letter had been filed withdrawing this application. SITE PLAN Action - Tabled Mr. Berg showed the Commission the revised site plan. Mr. Berg stated • No. 030 -77 for Dawson Investments located in the Stine Industrial Park. that this site plan had been tabled at the last meeting because the plan had proposed that the right -of -way to serve the Dawson lot connect with Smithfield Avenue. Mr. Berg stated that the site plan resubmitted showed the road in the same place proposing to come from Smithfield Avenue north into the corner of the Dawson lot. 1 367 i (P /C 12/21/77) p 2 Mr. Berg stated the issue remained of how to provide a road to this site. • H. Edmunds Coleman, III, attorney representing Fort Collier Farms, appeared before the Commission and told them that to build Brooke Drive to come down to the Dawson lot would involve quite a bit of expense to Mr. Stine. He stated it would be better to have the entrance connect to the private right -of -way and connect to Smithfield Avenue. A lengthy discussion followed about the roadway. The Chairman pointed out that he thought it would be beneficial to the industrial park to build Brook Drive down to the Dawson lot. Mr. Brumback stated that he was concerned about the trucks and heavy traffic that would be using Smithfield Avenue. Mr. Berg stated that the City of Winchester had requested that no additional traffic be put onto Smithfield Avenue. • Mr. Coleman stated that the road would not be open to the entire Industrial Park. He maintained the road would be serving only the Dawson lot, and that it would not be connected with Brooke Drive. Mr. Berg pointed out that the site plan showed the right -of -way as a sixty foot proposed street. He stated the Commission would have to decide how to provide access causing the least amount of injury and how this access was going to be provided to this Industrial Park in the future. Mr. Dawson stated he thought it would be beneficial to everyone involved to open the street onto Smithfield Avenue. Mr. Dawson stated the one building that he is to build for Harris Intertype would employee about twenty persons, however, he does not know what kind of businesses would be involved in the other two buildings he has planned to put on the lot. is I 9 1-F (P /C 12/21/77) p 3 .I • Mr. Berg stated that Mr. Stine had intended a broad right -of -way to serve the park from Route 11, but because of the deed covenant in the Stine Subdivision he was blocked from taking this approach. Mr. Berg stated Mr. Stine could not widen some of the alleyways or narrow rights -of -way to the park because it would involve resubdivision of the Stine Subdivision which is forbidden by the deed covenant. Mr. Golladay stated that assuming the Planning Commission accepted the site plan as presented,.there would be nothing to stop Ft. Collier from extending Brooke Drive and adjoining it with the right -of -way proposed. A discussion followed and the Commission showed a concern since the site plan indicated a right -of -way as being a proposed sixty foot street. Mr. Dawson and Mr. Coleman told the Commission that they did not think J this was the intention of Ft. Collier. They both felt the intention was to put the right -of -way in only to the corner of the Dawson lot. A discussion was carried on about the City's comments and the following letter was read into the minutes from the City of Winchester: Mr. H. Ronald Berg Frederick County Planning Director 9 Court Square Winchester, Virginia 22601 Dear Ron: The City Planning Commission reviewed the site plan and proposed access for the Dawson property in the Stine Industrial Park at their December 20, 1977 meeting. The Commission unanimously recommends that a street or right -of -way to serve this lot coming from Brooke Drive would be acceptable, but that no through street or private right -of -way should be established in this area that would connect Brooke Drive or this lot with Smithfield Avenue. Thank you for giving us the opportunity to comment on this matter. /s/ Reed T. Nester Director of Planning Mr. Berg pointed out that the lot had not been conveyed to Dawson Investments • so there would have to be a subdivision plat submitted and because the industrial park is within the City's extraterritorial jurisdiction, the City will have the 369 (P /C 12/21/77) p 4 • opportunity to comment on the subdivision plat. Mr. Coleman stated that he felt the proposed entrance would be the most feasible for the industrial park. Mr. Rosenberger stated he was concerned about the number of vehicles that were using Smithfield Avenue at this time and he would like to have this looked into by Mr. Coleman. 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 table this site plan #030 -77 until the meeting of January 4, 1978, in order to obtain more information. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman ° YES Route 832 in Sunnyside had been withdrawn SUBDIVISION Request for Subdivision approval by Lester C. Foster off Route 642 in the Shawnee District was tabled because no one appeared to represent the request. SUBDIVISION Request for Subdivision approval by George W. Glaize for two (2) lots fronting Route 608 in the Back Creek District. Action - Recommend Approval Mr. Berg told the Commission this was a request for a two lot subdivision known as Sunset Estates in Back Creek District. He stated the Health Department • had issued a permit on one lot and the other lot had been given their approval. 370 Mr. Berg told the Commission that the Conditional Use Permit No. 012 -77 requested by Stelleda Whitman to locate a nursing home on property fronting Route 832 in Sunnyside had been withdrawn SUBDIVISION Request for Subdivision approval by Lester C. Foster off Route 642 in the Shawnee District was tabled because no one appeared to represent the request. SUBDIVISION Request for Subdivision approval by George W. Glaize for two (2) lots fronting Route 608 in the Back Creek District. Action - Recommend Approval Mr. Berg told the Commission this was a request for a two lot subdivision known as Sunset Estates in Back Creek District. He stated the Health Department • had issued a permit on one lot and the other lot had been given their approval. 370 (P /C 12/21/77) p 5 Mr. Berg said there was a right -of -way on the properties that served the • properties in the rear. The Chairman stated that he would not participate in this request Steve Butler, attorney with McKee and Butler, told the Commission that both roads on the property were within the Code. Mr. Butler stated that Highview Manor bounds the land on one side and the other lot has a house on it. Mr. Butler stated he felt the subdividing was in keeping with.the general nature of the area. Mr. Berg told the Commission that both lots could be served by the existing right- of- way, the sight distance is such that separate roads may be advisable. Mr. Butler stated that there is an eighteen foot right -of -way that serves the two lots behind the lots in question. • 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 recommend approval to the Board of Supervisors of this Subdivision request by George W. Glaize. The motion passed by the following vote: Chairman - ABSTAIN Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger - YES WORKSESSION Mr. Golladay brought up the joint meeting held by the Board of Supervisors and the Planning Commission on December 14, 1977, for discussion. He stated that he would like to see the Commission address itself to recreational lots. He suggested that perhaps strictly residential subdivisions should be in a separate catagory. Mr. Golladay stated that he felt the Ordinance did not address itself to this type of subdivision and he felt many residents in the County were hurt • by the Ordinance. 7 371 (P /C 12/21/77) p 6 1 • Mr. DeHaven stated he felt the County should have a residential recreation district. Mr. Golladay told the Commission he had talked with several developers after the meeting and they had shown an interest in helping to work out these problems. Mr. Rosenberger told the Commission he would like to discuss the "grand- father clause ". He stated the existing roads which would be classified in this category that now have been sold under sales contract need some looking into. The Chairman stated that.he felt the Commission would like to do something about relieving the recreational areas and he felt they should discuss this some more at the January meeting. He asked Mr. Berg to have some recommendations ready for that meeting. • CAPITAL FACILITIES Mr. Berg told the Commission the Recreation Chapter needed a few more paragraphs added and then it would be ready for the Planning Commission's public hearing, and that the Housing Component of the Comprehensive Plan's public hearing would be held by the Board of Supervisors at their January meeting. Mr. Berg stated these were the only two sections left of the Comprehensive Plan. Mr. Berg told the Commission he had contracted four consultants and asked them to send copies of their Capital Facilities Plan and he would be using their information in order to construct a plan for.Frederick County. He stated the Capital Facilities Plan was a long range plan for schools, water and sewer, parks and recreation, and perhaps solid waste programs and a landfill site. A discussion was held on the Capital Facilities Plan and it was noted that this was a long range plan. • - - - - - - - - - - - - - - - - - - - - 372 i (P /C 12/21/77) p 7 • GENERAL Another discussion was held by the Commission on the new subdivision laws and the grandfather clause. It was decided that the Planning Commission would like to meet with Dr. Fish, and any other Board of Supervisor that would like to attend, at the meeting of January 4th, 1978, in order to discuss these concerns. 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, H. Ronald Berg, Secretary C. Langdon'Go d n, Chairman • 373 i (P /C 12/07/77) p 11 1 • Mr. Emerson told the Commission he did not intend for the lot to become a junkyard. A discussion was held on the bus, trailer, car, and the chemicals stored on the property. Upon motion made by James Golladay, Jr., seconded by Manuel DeHaven and • approved by the following vote: Kirk - NO DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES BE IT RESOLVED, That:the Planning Commission for the County of Frederick, Virginia, does hereby recommend to the Board of Supervisors the approval of this site plan subject to the following: the roadway entrance be modified to meet the Virginia Department of Highways standards; the entire storage area be fenced with a six foot high ribboned fence; the front fence be set back five feet with evergreen trees four feet in height being planted to eventually grow above the fence; the businesses conducted be limited to two -- Johnny Blue and the wood yard -- and that the outside buses and everything else be removed after the building is finished. 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, H. Ronald Berg, Secretary C. Langdon too on, Chairman