PC_04-07-76_Meeting_Minutesr
MINUTES OF THE MEETING
OF THE
• FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors Room, April 7, 1976
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman;
Manuel C. DeHaven; James Golladay, Jr.; Thomas B. Rosenberger;
Elmer Venskoske
ABSENT :, Keith Williams
CALL TO ORDER
The Chairman called the Meeting.to Order and proceeded to the First Order of
Business:
MEETING MINUTES of February 18, 1976 SUBMITTED
Action - ADDroved with Corrections
Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved
unanimously,
1
BE IT RESOLVED; That the Planning Commission for the County of Frederick, Virginia
does hereby dispense with the Reading of the Minutes of the Meeting of February 18, 1976.
• BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby approve the Minutes of the Meeting of February 18, 1976 as written
with the following corrections:
1) p.5 3rd line, change, "Farmer's Credit to read "Farm Credit"
2) p 1 quotation, change "....the two -acre lot minimum, the..." to read
"...the three -acre lot minimum, the..."
3) p 1 insert in the heading "Held in the Board of Supervisors' Room, February 18, 1976"
A -95 REVIEW, Braddock House - Continuation.of Programs
Action - in accordance with Countv P
Mr. Berg cited the funding sources:
"...Federal - $10,800; State - $60,998; and Local - $8,124. ", in funds are requested.
(LFPDC from R. Edward Duncan, dated March 29, 1976)
He explained that a halfway house is not being proposed, rather a home for delinquent
boys (usually first offenders) where the boys would live "in" and receive counseling for
transfer back into their family residences, etc.
•
Upon motion
made
by James Golladay, Jr., seconded by Manuel DeHaven and approved
by the following
vote:
DeHaven; Golladay, Jr.; Rosenberger; Brumback - YES:
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BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby find in accordance with County Planning the A-95-Review for Braddock House -
Continuation of Programs.
• A -95 REVIEW, Firearms Center and Investigative Cameras - Fr. County
Action - InvestigativerCameras in accordance with County Planning
Mr. Berg quoted:
"We are in receipt of an A -95 Review Project concerning (1) firearms training center
($40,000), and (2) investigative cameras ($2,000) for the Frederick County Sheriff's
Department. Funds are requested for each of the projects as follows: (1) firearms
training center - Law Enforcement Assistance Administration (LEAA), $20,000; Division
of Justice and Crime Prevention, $10,000; and local, $10,000. (2) LEAA, $1,800; DJCP,
$100;rand.local, $100."
(LFPDC letter from R. Edward Duncan, dated March 25, 1976)
Upon motion made by Thomas,rB. Rosenberger, seconded by Frank Brumback and approved
by the following vote: DeHaven; Golladay, Jr.; Rosenberger; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby find in accordance with County Planning the A -95 Review for Investigative
Cameras, only.
A -95 REVIEW, Winchester House Apartments, City of Winchester
105 units for the elderly (VHDA Dev # 2.2.3.100 S /B)
Action - No Comment per Commission's Consensus
Mr. Berg described the location and stated that no comment is required because it
would be in the City of Winchester.
The Chairman stated that it was the Planning Commission's consensus that no comment
be issued.
A -95 REVIEW, Winchester Municipal Airport -
Federal and Local Funds for Improvement
Action - Tabled due to lack of sufficient information
Mr. Berg quoted:
"Currently, planning is underway by the Regional Authority to serve the Airport area
in their Phase I facilities. However, this is not projected to be in operation until
1983. The Sanitation Authority also has plans to serve this area with our Abrams Creek
AWT Plant should the Regional Autnority not. In view of this, and since preliminary
plans of the area to be served by the airport facility are not available, the Authority
has not been able to determine whether any duplication of facilities is contemplated.
Although the Authority does not object to the elimination of a sewerage problem,
• the Authority does question the practicality and economic feasibility of duplicate or
parallel sewerage facilities, if they are, in fact, contemplated. Also the Authroity
questions as to whether this is in fact a wise expenditure of public funds in view of
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the aforementioned plans.
Furthermore, at this time the City has not made formal application to the County
• for extension of sewerage facilities to this area."
(Frederick County Sanitation Authority letter from W. H. Jones, P.E., Engineer- Director,
dated March 10, 1976, re City of Winchester - Airport Improvements)
Reading from the application, Mr. Berg quoted:
"1) Extend Runway 14/32 1200' X 100'; 2) Construct San. Sewer line 9570'; 3) Construct
Perimeter & Sec fence 16,520; 4) Construct Airport Parking Apron 8400 S.Y.; 5) Extend
Parallel Taxiway 1450' X 40'; 6) Strengthen & Rehabilitate Exist. Taxiway 3385' X 40';
7) Strengthen Existing Runway 14/32 4500' X 100' "
(Sheet 1, Part IV - Program Narrative Statement, Winchester Municipal Airport's request
for Federal & Local funds for improvements to said airport)
The Commission discussed possible land acquisition and the lack of an official pre-
sentation and information.
Upon motion made by Frank Brumback, seconded by Manuel DeHaven and approved by the
following vote: DeHaven; Golladay, Jr.; Rosenberger; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby table the A -95 Review for Winchester Municipal Airport requesting Federal
and Local Funds for improvement due to lack of sufficient information.
Multi- Family Zoning District, Updating of - Discussed
® Mr. Berg stated that R -3 was redrafted to R -6 and adopted by the Board of Supervisors,
resulting in anyone with R -3 zoning being placed in the position of having to start all
over again.
Discussion followed of a one (1) -year expiration notice and how it should be handled.
Mr. Berg quoted:
"It is my opinion that any developer who has applied for residential zoning for multi-
family purpose should be granted a building permit..."
(letter from Lawrence R. Ambrogi, Attorney for the Commonwealth, dated April 2, 1975)
"My opinion of April 2, 1975 regarding the above - captioned matter would apply to those
persons or developers who obtained rezoning to R -3 for the purpose of constructing
multifamily dwellings and commenced construction within a period of one year from the
date of rezoning. Since one year seems to be a reasonable period of time, those who
have not yet applied for building permits, in my opinion, should seek rezoning to R -6
for multifamily dwellings."
(letter from Lawrence R. Ambrogi, Attorney for the Commonwealth, dated March 23, 1976)
Parks and Recreation goals for Gainesboro Magis, Dist. - Discussed
•
Mr. Berg stated that, for the Commission's awareness, the Parks and Recreation
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Department is considering the possibility of a park in Gainesboro District of undetermined
• location and size.
The Commission discussed the lack of size information that had been furnished by the
Parks and Recreation Department: fifty (50) acres versus a smaller size.
PUBLIC HEARINGS
Zoning Map Amendment Petition No. 012 -76 of Leo G. and Lillie G. Reid Route 4, Box 77,
Winchester, Virginia hereby request that 4.24 acres, more or less, located on the North
side of Route 50, approximately 0.15.miles East of intersection with Route 654, now zoned
Agricultural - General (A -2) be rezoned: Business - General (B -2). This parcel is designated
as 60 on tax map 52 and is in Gainesboro Magisterial District.
Action - Recommended Approved
Mr. Leo G. Reid appeared before the Commission and stated that he had been operating
Reid's Market for eighteen (18) years for which he understood a nonconforming regulation
applied. He said that he had been remodeling for the last two (2) to three (3) years.
The Commission then discussed the applicant's boundary locations and the zoning of
surrounding properties.
• Upon motion made by Thomas B. Rosenberger, seconded by Elmer Venskoske and approved
by the following vote: DeHaven; Golladay, Sr.; Venskoske; Rosenberger; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval to the Board of Supervisors of said County of Leo G. and
Lillie G. Reid's ZMAP No. 012 -76 to rezone 4.24 acres, more or less, located on the North
side of Route 50, approximately 0.15 miles East of intersection with Route 654, No. 60 on
tax map 52 in Gainesboro Magisterial District, from Agricultural - General (A -2) to Business -
General (B -2).
Zoning Map Amendment Petition No. 013 -76 of Marvin E. and Edna L. Combs Route 2, Box 346,
Winchester, Virginia, hereby request that 3.214 acres, more or less, located on the West
side of Route 608, approximately 1 /10 mile South of intersection with Route 630, now
zoned Agricultural - Limited (A -1) be rezoned: Residential- Limited (R -1). This parcel is
designated as 131 & 83 on tax map 41(A) and is in Gainesboro Magisterial District.
Action - Recommended Approval
Mr. Marvin E. Combs appeared before the Commission and stated that he wished to
convey subject property to his son for home - building purposes because the price of land
is out of reach.
The Chairman quoted:
"This letter is to advise you that the 125 foot by 400 foot lot, located near the inter-
5cl-
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section of Routes 608 and 630, on which Mr. Combs has requested rezoning for the purpose
of building a 3 bedroom single residence, appears satisfactory for the installation of a
septic tank and drainfield system.
•
(Letter from the Frederick - Winchester Health Department by Herbert L. Sluder, R.S.,
dated March 8, 1976)
Mr. Combs stated that he planned to convey to his son 130' X 400' section '.located
West of Route 608.
Mr. Berg stated that the primary reason for the application is the frontage require-
ment in A -1 zoning. He further explained that, at the time of purchase, the applicants
were under the impression that they were acquiring Lots 1, 2 and 3 of Bethel Heights
Subdivision; but it was instead deeded as one (1) tract. He stated that the existing
brick house is located on what would have been Lot 2.
Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved by
the following vote: DeHaven; Golladay,.Jr.; Venskoske; Rosenberger; Brumback - YES:
BE IT 'RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval to the Board of Supervisors of said County of Marvin E.
and Edna L. Combs' ZMAP No. 013 -76 to rezone 3.214 acres, more or less, located on the
West side of Route 608, approximately 1 /10 mile_,South of intersection with Route 630,
Nos. 131 & 83 on tax map 41(A) in Gainesboro Magisterial District, from Agricultural -
Limited (A -1) to Residential- Limited (R -1).
An Ordinance to amend the Frederick County Zoning Ordinance adopted November 1, 1973 to
rezone 5.533 acres, more or less, of E. L. and Ruth E. Peters located on the North side
of Senseny Road, adjacent to Senseny Heights Subdivision, fronting both sides of Massie
Drive; in Shawnee Magisterial District; from Residential- Limited (R -1) to Residential -
General (R -3).
Action - Recommended Approval
Mr. Joseph A. Massey, applicant's representative, appeared before the Commission and
stated that the application is in accordance with the petition that was recommended appro-
val by the Commission, but ran into problems with the Board. He said that a portion was
developed under old R -1 zoning, with central water and sewer at a time when 10,000 square
feet was the minimum lot size requirement. He said, also, that the present R -3 zoning min-
imum requirement is 12,000 square feet.
• Mr. Massey stated that the lots (of which 12 to 13 are planned in this section) av-
erage 11800 square feet approximately. He said that he planned to apply for subdivision
approval after this matter is taken care of.
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Opposition
•
Ms.
Connie King appeared before the Commission in
opposition
and stated that she
,
lives on
Williams Road in Senseny Heights. She opined
that house
value depreciation
would result due to substandard construction by the applicant.
Due to the absence of a motion, the Chairman made a motion which was seconded by
Frank Brumback and approved by the following vote:
DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval to the Board of Supervisors of said County, of E. L. and
Ruth E. Peters to rezone 5.533 acres, more or less, located on the North side of Senseny
Road, adjacent to Senseny Heights Subdivision, fronting both sides of Massie Drive, in
Shawnee Magisterial District, from Residential- Limited (R -1) to Residential - General (R -3).
An Ordinance to amend the Frederick County Division of Land Ordinance adopted February .13,
1974 to AMEND SECTION 4 -17 to delete the sentence: "This Section apply to Section
8 -1 (a-2)."
Action - Recommended Approval
•
Mr.
Berg explained to the Commission the
implications the
amendment and
said
that
it would
simplify the Subdivision Ordinance.
He emphasized that
the amendment
would
in no
way violate the entirety of Section 4 -17.
Upon motion made by Manuel DeHaven, seconded by Elmer Venskoske and approved by the
following vote: DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval to the Board of Supervisors of the Ordinance to amend the
Frederick County Division of Land Ordinance adopted February 13, 1974 to AMEND SECTION
4 -17 to delete the sentence "This Section shall apply to Section 8 -1 (a -2)."
National Advertising Company - CONDITIONAL USE PERMIT Appl No. 55 - Stonewall District
To erect one (1) location sign (10' X 30') for advertising "Kentucky Fried Chicken'' -
located on the North side of Route 7, approximately one -half (1 /2) mile East of Inter-
state 81. (B -2 property owned by J. S. Solenberger Co., Inc. - five acres.)
Action - Recommended Approval
The Commission had the ( *) discussion below.
® Upon motion made by Thomas B. Rosenberger, seconded by Manuel DeHaven and approved
by the following vote: DeHaven; Golladay, Jr.; Venskoske; Rosenberger - YES:
Brumback; Chairman - NO:
Mter
(PC 04/07/76) P. 7
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval to the Board of Supervisors of said County of the Condi-
tional Use Permit Application No. 55, National Advertising Company, Stonewall District
to erect one (1) location sign (10' X 30') for advertising "Kentucky Fried Chicken"
located on the North side of Route 7, approximately one -half (1/2) mile East of Inter-
state 81 (B -2 property owned by J. S. Solenberger Co., Inc. - five acres) due to no pub-
lic awareness of the Planning Commission's new restrictive policy ( *below).
*Planning Commission Policy-'discussed
The Commission discussed signs in the county, initiation of a new restrictive policy,
and whether a resolution would be necessary.
Attorney for the Commonwealth, Lawrence R. Ambrogi, opined that the Commission must
be consistent in considering all the facts and circumstances thereby making a decision
or recommendation without prejudice. He emphasized that more restrictions may be initiated
as a trend if the Commission could show their policy was consistently in a status of change
during a period of several months prior. He stated that the County could be more restrictive
than the State without a legal fight, but a reason would be needed to avoid being arbitrary.
and capricious.
It was the consensus of opinion that the Commission initiate a more restrictive
policy of recommending approval of Conditional Use Permits for advertising signs within
the County.
Planning Commission Policy Resolution
Upon motion made by Frank Brumback, seconded by Manuel DeHaven and approved by the
following vote: DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby initiate a POLICY requiring the representation of all applicant(s) and /or
petitioner(s) of permits at all Public Hearings before the Planning Commission of said
permit application and /or petition.
Leon B. Zeiger Section 5, 10 lots, Back Creek Magisterial District, SUBDIVISION APPL.
Located off Route 616 - Septic tanks and wells - Health & Hwy. Depts. approved.
Action - Approval Recommendation Motion had a tie vote (3:3)
® Mr. Berg stated that the plats had been approved by both the Health and Highway De-
partments and that they meet all zoning requirements.
(PC 04/07/76) P. 8
The Commission discussed the proposal's location.
• Mr. Benjamin M. Butler, applicant's representative, appeared before the Commission.
He stated that Mr. John F. Kane had been retained as Soil Scientist, and mentioned that
no other sections had been planned to feed onto Route 616.
The property's contours were then discussed by the Commission with David Zeiger
(Leon B. Zeiger's son).
Mr. David Zeiger stated that portions of the planned road would be higher than Route
616. He stated that the rear lots (35, 34 & 33) would be fairly flat. He also stated that,
since there is a possibility that the land adjoining Lot 35 could become landlocked, it is
possible they might develop that portion in the future. He said that the cul -de -sac would
be permanent for traffic from Route 616 per the Planning Commission's recommendation, but
they were not asking, at the present time, for one (1) or two (2) lots for it.
Future development by Mr. Leon B. Zeiger was discussed: feasibility, possibility
and accessibility. Mr. David Zeiger stated that there were only between 15 -23 acres
• left. He stated, also, that approximately 55 lots would be completed by the time they
had completed development of that area.
Thomas B. Rosenberger made a motion to recommend approval to the Board of Supervisors
of Leon B. Zeiger's Subdivision Application for Section 5, 10 lots, Back Creek Magisterial
District; which was seconded by Elmer Venskoske and received the following vote: Golladay,
Jr.; Venskoske; Rosenberger - YES, Brumback; Chairman; DeHaven* - N0.
*Mr. DeHaven wished to state that due to other lots that the Commission had been
making denial recommendations, the cluster of wells and septic tanks involved in this
proposal, and the fact that the Zeigers appear to be subdividing in phases; that he voted,
I OW
The Chairman stated, for the record, that the Commission is concerned about preven-
tEon'of a large cluster of homes and a lack of central water and sewer for these homes.
Mr. Butler declared the Commission's action to have been arbitrary and capricious
. since other departments had given approvals, and that the Commission had given the appli-
cant no standard to go by.
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J. T. Nobles T/A Nobles BAR -B -Q HOUSE - CONDITIONAL USE PERMIT Application No. 56 -
Gainesboro Magisterial District - For conversion of Wonderland Gift Shop (Route 50 West)
• into a restaurant with future plans that may include sale of gifts, antiques and grocery
items. (A -2 property has Highway Department approval /04- 01 -76.)
Action - Recommended Conditional
Mr. J. T. Nobles appeared before the Commission and stated that he planned to
specialize in Carolina chopped barbecue.
He said that the existing building had formerly been used as a gift shop, but that
it had not been in operation for approximately nine (9) months. He further stated that
the business would be individually owned, and that he had been in the restaurant business
from 1943 to 1964 in the state of North Carolina. He explained that there would be no
drive -in service, only fast -food service. He said that he and Mr. Gene Millar (Health
Department) had agreed on everything except a drain and well; which he hoped were being
fixed that day.
Mr. Berg stated that the site is 1.3 acres with 200 feet of frontage.
Mr. Nobles stated that the kitchen facilities would be installed new, and that the
�. building is persently a 30' X 80' room. He said that there are traffic crossovers lo-
cated above and below the proposal. He stated that Mr. Sluder (Health Department) had
stated that the septic system is satisfactory.
The Chairman recommended that the motion spell out conditions.
Upon motion made by Thomas B. Rosenberger, seconded by Frank Brumback and approved
by the following vote: DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval to the Board of Supervisors of said County.of Conditional
Use Permit No. 56, J. T. Nobles, T/A Nobles BAR -B -Q HOUSE, Gainesboro Magisterial District,
for conversion of Wonderland Gift Shop (Route 50 West) into a fast -food restaurant with
the following condition: including the possible future sale of antiques and gifts.
Frederick County Fair Association - CONDITIONAL USE PERMIT Application No. 57 - Stonewall
Magisterial District, A -2 property located South of the Stonewall District Ruritan Club,
Inc. property on the West side of Route 11 North, 22 acres, more or less.
• Mr. Berg quoted the proposed use from the application that was submitted April 5,
1976 as follows:
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(PC 04/07/76) P. 10
"a) To provide space for camping units for epeople connected with carnival, circus,
rodeo, etc., activities held on said fairground property.
• b) To provide space for camping units of clubs, organizations, etc. traveling to and
through this area en route to special events other than those occurring on said fair-
ground property; such as, Apple Blossom Festival, etc."
Mr. R. Wesley Williams described the self- contained travel trailers as being very
sanitary, and stated that the sewage system design would be inspected by the Frederick -
Winchester Health Department's Campground Division whose restrictions are very thorough.
Mr. Manuel DeHaven made the presentation to the Commission. He stated that the
Ruritan,and Fair Association are separate entities that are jointly using the fairground
property. He said that there would be no specified amount of trailer parking spaces.
He stated that the application is not intended for general public use - only for special
occasions.
Mr. DeHaven further stated that contractors are prepared to begin. He said that
they had planned completion in time for Apple Blossom Festival for which people will
begin arriving the 24th and 25th. He also said that they were not aware that a Condition-
,al Use Permit would be needed until the last minute.
He stated that there would be no camping pads or hookups; only a dumping station; and
that there would be a slight fee.
Mr. Berg stated that his office had only had the application for a few days which
was not time enough for a thorough examination. He said that a Conditional Use Permit
is not required for a dumping station, but is required for a campground.
Mr. R. Wesley Williams, Frederick - Winchester Health Department, stated that a Camp-
ground Permit is required for a dumping station by his department.
The Chairman stated that the Commission's consensus of opinion is that it was in
favor of the ,proposal, but it did not want to be in error.
Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved
by the following vote: Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES,
Manuel DeHaven - ABSTAINING:
• BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby send with no recommendation to the Board of Supervisors of said County the
Conditional Use Application No. 57, Frederick County Fair Association, Stonewall Magis-
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terial District, A -2 property located South of the Stonewall District Ruritan Club, Inc.
property on the West side of Route 11 North, 22 acres, more or less, for their consider-
ation, because time is of the essence and insufficient information is presently available.
ADJOURNMENT
Upon motion made by Elmer Venskoske, 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 business.
THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS
r NX41 "W"
Respectfully Submitted,
• � O
H. Ronald Berg, Secretary
��tnatcb�Lp_r -er
C. Langdon Gordon, Chairman
FA
•