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PC_02-06-75_Meeting_Minutes/q MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, February 6, 1975 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Manuel DeHaven; C. Langdon Gordon; James W. Golladay; Richard Madigan; Maurice Perry; R. Wesley Williams; J. William Riley; and H. Ronald Berg. CALL TO ORDER The Chairman called the Meeting to Order and announced that the first order of business was the approval of the Minutes of • January 2, 1975 and January 16, 1975. MINUTES - APPROVED The Chairman asked if there were any corrections and /or addi- tions to the Minutes of January 2, 1975 and January 16, 1975. Upon motion made by Richard Madigan and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby approve the Minutes as written. The above motion was unanimously approved by roll call vote. AMENDMENT TO ORDINANCE Minimum Off- Street Parking • The Chairman stated that the next order of business was to discuss the amendment to Section 18 -5. MINIMUM OFF- STREET PARKING. • was decided that trucks which weighed more than one (1) ton would A short discussion followed between the Members in which it be prohibited from parking in a residential district. The Chairman asked if there were any other corrections and /or �J additions to the proposed amendment. Upon hearing none, the Chair- man stated that the proposed amendment would read as follows: 18 -5. MINIMUM OFF- STREET PARKING THERE SHALL BE PROVIDED AT THE TIME OF ERECTION OF ANY MAIN BUILDING OR AT THE TIME ANY MAIN BUILDING IS EN- LARGED, MINIMUM OFF- STREET PARKING SPACE WITH ADEQUATE PROVISIONS FOR ENTRANCE AND EXIT BY STANDARD SIZE AUTO- MOBILES, AS FOLLOWS: 18 -5 -1. IN ALL RESIDENTIAL DISTRICTS THERE SHALL BE PROVIDED EITHER A PRIVATE GARAGE OR ON THE LOT, SPACE FOR THE PARKING OF TWO (2) AUTOMOBILES FOR EACH DWELLING UNIT IN A NEW BUILDING, OR EACH DWELLING UNIT ADDED IN THE CASE OF THE ENLARGEMENT OF AN EXISTING BUILDING; SUCH PARKING SPACE SHOULD BE BEHIND THE SETBACK LINE. NO COMMERCIAL VEHICLES OR TRACTOR- TRAILERS WITH RATED CAPACITY OF MORE THAN ONE (1) TON SHALL BE PARKED IN A RESIDENTIAL DISTRICT. Lot The Chairman stated that the next order of business was to discuss Section 23 -46 of the Zoning Ordinance and Section 8 -16 of the Division of Land Ordinance. The Chairman asked if there were any corrections to the pro- posed amendment to Section 23 -46. The Members agreed that the pro- posed definition for LOT in the Zoning Ordinance should stand as written. Mr. Berg explained to the Members that the definition of LOT • in the Division of Land Ordinance would parallel with the definition of LOT in the zoning Ordinance. He added that it was possible for the lots in a proposed subdivision to be non - conforming to the Zoning Page 2 • Ordinance. The Members agreed with the proposed amendment as written. Retail Stores and Public Auctions The Chairman stated that the next order of business was to discuss the proposed amendment to Section 10 -1 -1 which would add Public Auctions as a permitted use. A short discussion followed in which Mr. DeHaven brought up the adviseability of adding "Flea Markets" to the proposed amend- ment. The Members agreed that "flea markets" would come under the Retail Stores category. Mr. Berg added that it would be almost im- possible to add every probable category to this amendment. AMENDMENTS RECOMMENDED APPROVAL • Upon motion made by Elmer Venskoske and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend to the Board of Super- visors the adoption of these amendments to the Zoning Ordinance and Subdivision Ordinance as read. Discussion Mr. Golladay stated that he did not like the Public Auction category due to the fact that an Estate Sale could come under a Public Auction. He added that it should read: "Public Auctions, except," and then make the exclusions such as: Settling of Estates, etc. Vote • The above motion was approved by the following roll call vote: Mr. DeHaven, AYE Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Madigan, AYE; Page 3 �D • Mr. Venskoske, AYE; with Mr. Perry, AYE. ROUTES 50 AND 522 PROPERTIES The Chairman stated that at the last Planning Commission Meeting, the Planning and Development Committee was instructed to discuss and make recommendations for the unimproved properties of Francis P. Lages, Guy Strosnider, and the Garbers located at the intersection of Routes 50 East and 522 South. The following recom- mendations were made by the Committee: 1. The land should remain zoned for business. 2. Some access should be provided to the interior of both properties that would connect Routes 50 and 522. 3. The Committee felt that some of this land should be zoned B -2 rather than mediating the wishes of • neighbors and developers on a lot -by -lot basis when a zoning change is requested. So that the B -2 area can be designated, the Committee recom- mends that the property owners join in an overall design of the property that the Commission and Board might use as a guide. Mr. Berg presented a map to the Members which illustrated the recommendations made by the Committee. A short discussion followed in which the Chairman explained the uses of the land. The Members also discussed the possible interior access roads. The Members agreed that the above recommendations should be sent to the Board as written. PUBLIC HEARINGS • AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED Page 4 • NOVEMBER 1, 1973 TO REZONE 0.846 ACRES, MORE OR LESS, OF W. H. EMMART AND SONS, INC., FRONTING 200 FEET ON THE WEST SIDE OF ROUTE 11 SOUTH, APPROXIMATELY ONE (1) MILE SOUTH OF THE WINCHESTER CITY LIMITS; IN BACK CREEK MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B -2). Recommended Approval Mr. R. Berg read the application for rezoning to the Members and showed the exact location of the property in question. He stated that the property is located between the Echo Village Restaurant and Motel. He stated that several years ago this land was rezoned by the Emmarts to B -2 at the same time Schenck Foods was zoned to B -2. Mr. Berg further added that when the new zoning maps were adopted, the Emmart land was zoned M -1 instead of B -2. No one appeared in opposition. Upon motion made by Richard Madigan and seconded by Langdon • Gordon, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend to the Board of Super- visors the rezoning of this parcel of land of W. H. Emmart and Sons, Inc., fronting 200 feet on the West side of Route 11 South, approxi- mately one (1) mile South of the Winchester City Limits; in Back Creek Magisterial District; from Industrial, Limited (M -1) to Business, General (B -2). The above motion was unanimously approved by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 4.104 ACRES, MORE OR LESS, OF JOSE V. AND LESSIE L..ESPINOZA, LOCATED ON THE EAST SIDE OF ROUTE 11 NORTH, APPROX- IMATELY SIX - TENTHS (6/10) MILES NORTH OF INTERSECTION WITH ROUTE 661 EAST; IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, GENERAL (R -3) TO AGRICULTURAL, GENERAL (A -2). Recommended Approval • The Chairman read the application for rezoning to the Members. Mr. Berg explained to the Members that there was a total of Page 5 • six (6) acres, four (4) of which are currently zoned R -3 with the remaining two (2) acres already zoned A -2. A question was raised by the Members as to the possibility of mobile homes being placed on the property. Mrs. Espinoza appeared before the Commission and stated that at first she had considered one (1) mobile home, but had purchased additional acreage bringing the total to six (6) acres which included one (1) house. She added that she planned to use the six (6) acre tract for general farming. Mr. Golladay asked if there was only a twenty (20) foot right- of -way off of Route 661. Mr. Berg stated that this was correct. Opposition • Mr. Blair Webber appeared before the Commission and stated that he doesn't want to see the zoning of this area continually down- graded. He stated that he would have no objections to the land being used for farming. He added that the people of the area were concenred with the possiblity of mobile homes being permitted. Mr. Gordon asked Mrs. Espinoza that if she was planning to farm the six (6) acre tract, to what advantage would it be to have the land rezoned to A -2. Mrs. Espinoza stated that it was her understanding that she could not have even one (1) horse on the property unless it was zoned A -2. Mr. Berg stated that it was not definitely stipulated in the is ordinance that a family could not have horses or cows in a R -3 zone. Mr. Madigan stated that at the present time, the primary Page 6 • concern was whether Mrs. Espinoza could raise horses, cows, etc. on her property. He added that there are presently no restrictions in the R -3 category for the raising of horses, cows, etc. Mrs. Espinoza stated that she would rather have the land zoned for agricultural purposes then to have to come back at a later time to have the land rezoned. Mr. Golladay asked Mrs. Espinoza where the twenty -foot right- of -way ended. Mrs. Espinoza stated that the right -of -way ended at her back door. Upon motion made by Richard Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend to the Board of Super- visors the rezoning of this parcel of land consisting of 4.104 acres, more or less, of Jose V. and Lessie L. Espinoza, located on the East side of Route 11 North, approximately six - tenths (6/10) miles North of intersection with Route 661; in Stonewall Magisterial District; from Residential, General (R -3) to Agricultural, General (A -2). The above motion was approved by roll call vote as follows: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Madigan, AYE; and Mr. Perry, AYE. ENVIRONMENTAL QUALITY BOOKS The Chairman stated that the Environmental Quality Book was provided by Mr. Doug Walker of Radio Station WFFV in Middletown. Upon motion made by Richard Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of the County • of Frederick, Virginia, does hereby request that a letter be sent ex- pressing thanks and gratitude for this document. The above motion was unanimously approved by roll call vote. Page 7 8 • Mr. Berg suggested that the Commission might want to donate one of the copies to the local libraries so that the public may have use of the Environmental Quality Book. The Commission decided that one copy would be supplied to the Lord Fairfax Community Library. CONDITIONAL USE PERMIT BELLE GROVE Recommended Approval The Chairman stated that the next order of business was a Conditional Use Permit for the National Trust for Historical Preser- vation to locate six (6) mobile homes at Belle Grove to provide seasonal student housing. He stated that this housing of students • was in connection with a program of preservation training for high school and college students and would include in- service training of public school teachers. Mr. Berg stated that these mobile home units are provided to Belle Grove by the Housing and Urban Development. He showed the exact location of the property in question to the Members. No one appeared in opposition. Upon motion made by Richard Madigan and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend approval. The above motion was approved by the following roll call vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Madigan, • AYE; Mr. Venskoske, AYE; with Mr. Perry, AYE. PRESENTATION 0 • FREDERICK COUNTY SANITATION AUTHORITY Mr. Wellington H. Jones, Engineer- Director of the Frederick County Sanitation Authority, appeared before the Commission and stated that the Authority is working with the Farmers Home Administration to fund the Abrams Creek - Redbud Run Water Distribution and Wastewater Collection Treatment Facilities Project. Ile stated that pursuant to the funding, the Authority must adhere to the ordinance governing the construction of water and wastewater facilities in the County. Mr. Jones went on to explain that the ordinance states that the Commission must review the projects to insure that they adhere to the Land Use Plan. Mr. Jones then presented a map to the Commission Members showing the proposed projects. He stated that the facilities would include: Sunnyside, the Valley Mill Road Area, Shenandoah Hills and Frederick is Heights. He added that the main interceptor would be at the Apple Pie Ridge School, down Route 522 and across to Route 11 to the North Frederick Industrial Park and down to a point just West of Interstate 81 and Redbud Run. Mr. Jones further stated that a Pump Station would be installed on the West side of Interstate 81 heading South toward the Route 7 interchange. Ile stated that at the crest of the grade there would be a gravity line down the swale underneath Route 7 and down be- hind Shenandoah Hills and parallel to Valley Mill Road to a point just West of Greenwood Road and Valley Mill Road. Mr. Jones stated that the next project involved the proposed water distribution facilities. He stated that the Authority would be receiving the water from the City of Winchester Water System under a contract between the City and the Authority. He stated that the • Authority would hook onto the City's system at two (2) points, one on Page 9 6: • Valley Mill Road and one on Senseny Road at the 7 -11 Store. Mr. Jones went on to explain that the project would serve Frederick Heights, Shenandoah Hills and Valley Mill Road area with hopes to extend the line to the Greenwood Heights and Burning Knolls Sections. He stated that also there was a water transmission line at Route 11 and Lee Street parallel to the sewer line up to the Apple Pie Ridge School. Mr. Jones stated that currently there was a water transmission line and a distribution line to Sections 1 and 2 of Fredericktowne Subdivision. He added that eventually the lines would loop around the Bass Hoover Elementary School and connect with Section 3 of Frederick- towne Subdivision. The Chairman asked if funding looked favorable. Mr. Jones stated that it did, and added that the major purpose • of this review was to make sure that the projects were in accordance with the Land Use Plan. Upon motion made by James Golladay and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia,does hereby make the following resolution: WHEREAS, The Frederick County Planning Commission, upon review of the proposed Abrams Creek - Redbud Run Water Distribution and Wastewater Collection and Treatment Facilities and Bass Hoover Elementary School water line extension has determined that the facilities are in accordance with the objections of the proposed Land Use Plan. PLOW, THEREFORE, BE IT RESOLVED, That the Frederick County Planning Commission approves of the installation of said facilities. The above resolution was approved by the following roll call vote: • Mr. DeHaven; AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Mad- igan, AYE; Mr. Venskoske, AYE; and Mr. Perry, AYE. Page 10 • SUBDIVISIO14S 1. The Summit, Sections 5B, 5C and 7 - contains 115 lots in Gainesboro Magisterial District; will contain central water and sewer. (Final Plat) Mr. Berg stated that the Sanitation Authority has approved the preliminary water and sewer lines and the placement of fire.hy.drants. He added that the Health Department has approved the lots for central water and sewer. Upon motion made by Richard Madigan and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby approve the Final Plat of The Summit for Sections 5B, 5C and 7 consisting of 115 lots. The above motion was approved by the following roll call vote: • Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Madi- gan, AYE; Mr. Venskoske, AYE; and Mr. Perry, AYE. 2. Gordondale - contains 15 lots along Route 670, in Stone - wall Magisterial District; will contain individual water and sewer systems. Mr. Ed Lizer of the Frederick County School Board appeared before the Commission and stated that Lots #14 and #15 were in West Virginia. He added that half of Lot #13 was also in West Virginia. He stated that the School Board has the policy of educating children who live only in Frederick County. Mr. Golladay asked where the building line for Lot #13 would be. • Mr. Berg stated that the building line is in West Virginia. He added that he has received verbal Highway Department Approval, but stated that he has not received Health Approval as yet. Mr. Berg Page 11 4 , 2 -ff further stated that the recreation impact fee is recommended at $111.00 per lot. He further stated that there was a school bus turn - around on Lot #12. Mr. Lizer stated that the bus presently goes into West Virginia to turn around to pick up children whose property is presently assessed in Virginia. The Chairman asked Mr. Lizer if the bus turn - around would be used on Lot #12 if the subdivision was approved. Mr. Lizer stated that he had checked with Mr. Sine who is in charge of busing should the subdivision be approved. He added that Mr. Sine had said that they would use the turn - around in the morning to pick up kindergarten children and would use the turn - around in West Virginia in the afternoon for the Smith Children. • Mr. J. P. Darlington appeared before the Commission and stated that he had talked with the Highway Department who stated that they did approve the subdivision as platted. Mr. Darlington added that he was told that any water that drained on the State maintained Highway was the State's problem. Mr. Nicely, surveyor for Mr. Darlington, appeared before the Commission and stated that the State Highway Department had stated that the drainage problem was theirs. Mr. Madigan stated that in his opinion the Commission could only consider the 11 lots that were in Virginia. Mr. Berg stated that he had gotten an opinion from the Common- wealth Attorney, Larry Ambrogi, who stated that the Commission could approve the lots if they wished. • The Chairman asked Mr. Nicely if Mr. Childs of the Highway Department had explained how they plan to correct the water situation Page 12 �g • on the lots that were before the Commission. Mr. Nicely stated that the Highway Department has proposed a drainage easement. Mr. DeHaven stated that action should be deferred on this subdivision until the water drainage has been taken care of. Mr. Madigan stated that the Commission should approve only the lots in Virginia, and that they should get approval from West Virginia on Lots #12, 13, 14 and 15. Upon motion made by Manuel DeHaven and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby direct this application to the High- way Department to make the corrections in there to where it meets the specifications of the subdivision. The above motion was approved by the following roll call vote: is Mr. DeHaven, AYE; Mr. Gordon, NAY; Mr. Golladay, AYE; Mr. Venskoske, AYE; with Mr. Perry, NAY. 3. McIlwee Subdivision - contains 2 lots located off Route 760 in Shawnee Magisterial District; will contain in- dividual water and sewer systems. Mr. Berg stated that the Highway and Health Departments have given final approval. He added that Route 760 is the old Route 522 South. He showed the exact location of the property to the Members. Mr. Berg further added that the right -of -way would be enlarged to 50 feet. Upon motion made by James Golladay and seconded by Manuel DeHaven, • BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend approval of this sub- division. Page 13 The above motion was approved by the following roll call vote: • Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; and Mr. Perry, AYE. ADJOURNMENT Upon motion made by Elmer Venskoske, seconded by Langdon Gordon and unanimously approved, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby adjourn its Meeting. Respectfully submitted, e H. Ronald Berg, Secretary • lliams, Chairman • Page 14