PC_08-04-76_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Room August 4, 1976
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback,.Vice Chairman;
Manuel C. DeHaven; James Golladay, Jr.; George G. Snarr, Jr.;
Elmer Venskoske
NONE ABSENT
CALL TO ORDER
The Chairman called the Meeting to Order and proceeded to the First Order of
Business.
MEETING MINUTES - July 7, 1976 - Approved with Correction
Upon motion made by Frank Brumback, seconded by Manuel C. DeHaven and approved
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by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Brumback; Venskoske - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby approve, the Minutes.of the Meeting of July 7, 1976 as written, with the
following correction:
Page 2, last sentence: change "forteen" to read "fourteen ".
NEW COMMISSIONER WELCOMED
The Chairman welcomed Mr. George G. Snarr, Jr. to the Commission.
A -95 Review - SHALOM et BENEDICTUS, INC.
Action - Unanimous approval recommended to LFPDC.
Mr. Berg quoted the following letter dated July 15, 1976 from Lord Fairfax Plan-
ning District Commission by R. Edward Duncan, Executive Director:
"We are in receipt of an A -95 Review Project concerning a treatment program at Shalom
et Benedictus, Inc. A grant totaling $30,000 is to be funded as follows: Virginia
Drug Abuse Advisory Council, $28,500; and private match from Shalom et Benedictus,
$1,500.
It is requested that the Planning Commission and interested persons review the above
project and provide us with any appropriate comments and /or recommendations. I
would like to have these comments by August 12, 1976, if conveniently possible.
This would allow us to present it to the Planning District Commission for their
consideration on that day."
Mr. Todd Sinclair appeared before the Commission and stated that the grant of
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$30,000 is needed during the time they are developing their Title XX system; plan-
ning toward a goal of providing service -fee payments rather than the previous
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private funds, church donations, parents paying fees, etc. He said that their
major funding sources will be decreasing grants next year necessitating the $5,000
per month for six (6) months as requested.
He also stated that their program began operation approximately eight (8) years
ago in Alexandria, Virginia; moved to Hancock, Maryland; then to Winchester, Virginia
in 1972. He said that the skilled staff of professionals serve a maximum capacity of
twenty residents at a time on a one - person - per -room basis for drug abuse, adolescent
adjustment, emotional problems, etc. He said that they are housed in the old Jordan
Springs Motel on Route 664 which is adequate space for their present program.
Mr. Sinclair stated that of the 11% of the residents from the local area (Frederick,
Clarke and Warren Counties, and City of Winchester) about half are from Frederick
County for which they have spent approximately $66,000 without having received
service fees.
In conclusion Mr. Sinclair said that there are future expansion plans; and that
they would like to become more involved in the community.
Mr. Berg stated that there are no local plans for the proposal's area.
Upon motion made by George G. Snarr, Jr., seconded by Frank Brumback and approved
by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval to the Lord Fairfax Planning District Commission of the
A -95 Review of Shalom et Benedictus, Inc. for a six - months' grant ($5,000 per month)
of $30,000 from the Drug Abuse Advisory Council.
Zoning Ordinance ® 17 -1 -1 & 17 -1 -3 Discussed
Chairman to appoint a Committee
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Mr. Berg stated that the question has arisen of whether a new property owner could
continue a junked vehicle business use
being the current controversial subject
He cited property located on Route 803 as
He said that the Attorney for the Common-
wealth's opinion had been that it is possible to continue the nonconforming use of
a junkyard. This property, he said, had been previously owned and operated by Shade
Equipment Compny, who stored inoperable farm implements. He also said that citizens
have objected to this location.
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Mr. Berg quoted the junkyard definition located on page 91 of the Zoning Ordinance.
He continued that whenever equipment is being stored by a business, then a non-
conforming use is created. He opined that the Zoning Ordinance Section 17 -1 -3 deals
more with structures than equipment or activity on the property.
He stated that the subject business is a historic use that predates the Frederick
County Zoning Ordinance and may continue in operation under the "grandfather clause"
The Chairman read:the following statement:
"In county wide neighborhood meetings held in the past by the Planning Commision,
it has been determined that many Frederick County citizens are desirous of preserving
the natural and rural beauty of Frederick County.
In addition to this it is also an integral part of good planning that a jurisdic-
tion be concerned with the overall aesthetic conditions within it's bounds. Certainly
it is a primary duty of the Planning Commission to initiate, plan, and recommend any
action necessary that may be required to accomplish this goal.
Therefor since it is both good planning and also the desire of many citizens of
Frederick County that the above be accomplished, certain guidelines and requirements
should be established and made a part of the zoning ordinance of Frederick County.
To implement the above a thorough study should be made, and recommendations pro-
posed, as to what action could and.should be taken to carry out the intent of the
above."
• Upon motion made by the Chairman, seconded by Frank Brumback and approved by the
following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby initiate, plan, and recommend to the Board of Supervisors certain concrete
proposals, to be incorporated into the zoning ordinance of Frederick County, regarding
such things as the location and control of junkyards, control of abandoned and unlicensed
vehicles, abandoned or unused signs and billboards, abandoned commercial or other build-
ings, and /or any other such things that may be detrimental to the health, welfare,: and
aesthetic interests of the citizens of Frederick County.
BE IT FURTHER RESOLVED, That a special committee be appointed to make recommen-
dations to the Planning Commission as to what actions should and could legally be
taken to insure a more beautiful Frederick County.
. Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved by
the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback - YES:
BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby request the Chairman to appoint a committee to present to said
Commission the existing state and /or county ordinances, statutes, laws, etc., that
control property activity of abandoned vehicles, equipment, signs, etc., toward the
goal of preservation of natural and rural aesthetic beauty of said County; and /or
prepared guidelines or ordinances as necessary to update said County's Zoning Ordinance
• to meet these requirements.
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PUBLIC HEARING
Zoning Map Amendment Petition No. 018 -76 of Fred L. Glaize III and Ann Glaize P.O.
• Box 598, Winchester, Virginia, hereby requests that 149.960 acres, more or less, located
North of Burnt Factory, fronting the East side of Route 664 and North side of Route 660,
now zoned Agricultural, General (A -2) be rezoned: Residential, Limited (R -1), No. 27
on tax map 45, Stonewall Magisterial District.
Action - Tabled until Health Report received.
Mr. Bill J. Tisinger appeared before the Commission and stated that the preliminary
plat is for thirteen each three -acre lots fronting Routes 664 and 660; with eighteen
each five -acre or more (5 to 8 acres, excepting one of 8.8 acres) lots behind; totaling
31 lots on approximately 150 acres.
He stated that their plans are far above the minimum requirement of 40,000 square
feet per lot; and a minimum construction cost of $30,000 will be a restriction for
each single - family dwelling.
He also stated that their intention is to be bound by the preliminary plat; except-
ing minor lot line alterations during preparation of the final plat. He said that
everything had been properly submitted except the Health data; that Mr. John Kane,
soil scientist, who had not yet completed his work, had indicated that the property
would be alright. They, he said, had spoken with the Health Department.
Mr. Tisinger also stated that, although Mr. Sonny Perry has contracted for a five-
acre lot, he would prefer a three -acre lot for the house he is presently constructing
along Route 660.
Along Route 660, Mr. Tisinger said, the topography is rolling, with some high areas.
He said, also, of the the three -acre lots, that a right -of -way will be dedicated along
road frontage for widening. He stated that five -acre lots could have been planned
along the road frontage, but they felt the three -acre lots were better planning.
The five -acre and larger lots will be furnished by the developer with gravel roads,,
with the maintenance to the property owners' responsibility -- they intend to impose
in each of these by Deed of Dedication, at least a $50 annual lien for this purpose
• which will go into a specific fund.
He emphasized that, if the rezoning application is approved, it is their intention
to be bound,also, to not split the rear portion into one -acre lots; and that there
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will be a restriction against resubdividing.
Mr. Tisinger apologized for not having the Health Report, asked that the data be
• considered, and said that they had no objection to the proposal being tabled.
Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved by
the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby table the Zoning Map Amendment Petition No. 018 -76 of Fred L. Glaize III
and Ann Glaize until a Health Report is received.
MILLER HEIGHTS - Building Restrictions Discussed
Messrs. Dick Martin (spokesman) and Lewis Lamp appeared before the Commission, in=
behalf of a group of residents in-the audience, he said.
Mr. Martin stated that a small prefabricated house of about 800 square feet was
placed on a lot that they did not feel is in character with the neighborhood, and
that they had been advised of the possibility that this may happen again. He said
that their question is, can the county, or they, put a 1500 square foot restriction
on homes in their subdivision?
• He said that some of the deeds that they located had restrictions of $10,000, some
of $12,000 -- all of which are outmoded by today's standards.
He read a statement from a petition that, he said, had been signed by every area
resident and part of the undeveloped lot owners:
"We, the undersigned, feel that the requirements of residential housing in Miller
Heights Subdivision should be changed to read that no houses should be constructed
in this area of less than 1500 square feet of living space. We feel that the sub-
division is,`and should be, an excellent subdivison for larger residential homes and
not only will smaller homes devalue the appearance of the subdivision but also devalue
the homes that are existing at present."
He said that no coverall deed had been located.
Mr. Berg said that the following information was all he could find in his file:
Deed of April, 1957 for tract I, lots 1 and 2: and tract II, lots 1 and 2:
"...with the covenant that no dwelling shall be constructed on either of the lots
on tract II costing less than $10,000.
• Deed of'Correction of January, 1966 for the balance of the lots.
Deed of February 13, 1967:
"No dwelling, house, or building used as a.place of abode shall be erected or
maintained on any of the lots or parcels of a value of less than $10,000."
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Mr. Berg said that none of the above - mentioned provided an escalator clause.
It was the consensus of opinion that the Miller Heights Subdivision difficulty
• is more of a legal problem, than one the county should handle.
CONDITIONAL USE PERMIT
CUP 11 68 of Betty J. Peacemaker for Beauty Shop in basement as Home Occupation
Back Creek Magisterial District, West side of Route 628 (Middle Road), 6/10 mile
North of intersection with Route 652, R -2 Zoning.
Mr. Berg described the proposal's location and its surroundings.
He said that the applicant proposes no one be employed other than herself, and
suggested a condition could be included limiting the applicant to one operator on
the premises.
Mrs. Peacemaker appeared before the Commission, stating that she is a widow with
two children who would like to be home to raise them. She said that she'd received
no complaints from the neighbors.
Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved
by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback - YES:
• BE_IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend conditional approval to the Board of Supervisors of said County
of the Conditional Use Permit Application No. 68 , Betty J. Peacemaker forzthe Home
Occupation of Beauty Shop in her basement per the following:
(a) Conditional Use Permit to be a one - operator, no- employee business.
(b) Conditional Use Permit to expire upon one - year's cessation of approved use.
(c) Conditional Use Permit to expire upon sale of said property and /or business
by applicant.
SUBDIVISION
Senseny Heights Subdivison - Block C (Lots 3 -12) and Block D (Lots 6 -9)
Shawnee Magisterial District, Senseny Road, R -3 Zoning
Owned by E. L. and Ruth E. Peters - Final Plat dated 06/25/76
14 lots fronting on both sides of Massie Drive
Frederick County Sanitation Authority and City of Winchester central water and sewer --
water and sewer plans and highway plans approved.
Staff's site inspection revealed that Stafford Drive at this time is incomplete.
Mr. Berg stated that the Highway Department has approved a sixty -foot right -of -way
for Massie Drive. He said that Staff recommends $111 per lot Recreation Impact Fee;
and that site inspection had revealed a portion of Stafford Drive that is presently
• incomplete; which, he said, he had been informedwill be completed as soon as the water
and sewer lines are installed.
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Mr. Snarr stated that he would abstain from participation and voting due to his
business relationship with Mr. Massie, representative for Mr. and Mrs. Peters.
t Mr. Joseph A. Massie, Jr. appeared before the Commission. He stated that it will
be some while before water and sewer construction is completed.
He also stated that he had spoken with Mr. Renalds about the Performance Bond;
about which he will ask Mr. Perry (construction) to contact Mr. Renalds.
He said that lots 3, 4 and 5 of Block C, and lots 9 and 8 of Block D will be
served by the County Authority with the balance of the lots served by the City
Utilities. He also said that contracts exist between Mr. Peters, and the City and
the County, respectively.
Upon motion made by Elmer Venskoske,. seconded by Frank Brumback and approved by
the following vote: DeHaven; Golladay, Jr.; Venskoske; Brumback - YES,
Snarr, Jr. - ABSTENTION:
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
Senseny Heights Subdivision Block C (lots 3 -12) and Block D (lots 6 -9), Shawnee
Magisterial District, owned by E. L. and Ruth E. Peters, per the Final Plat of
June 25, 1976.
STAFF REPORT Discussed
Mr. Berg asked the Commission's consensus of opinion on the Staff Report; specifi-
cally, their comments on inclusions and exclusions; because the Staff would prefer
to provide as nearly as possible the information the Commission needs.
Consensus Commission pleased with the Secretary's efforts.
Commission would like Staff Reports on Conditional Use Permits.
Commission would like simple location maps for Conditional Use Permits.
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 BE NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED.
• Resp ctfu ly Submitted — &!6—a L�1�
H. Ronald Berg, Secretary
C. Langdon Gordora Chairman
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