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PC_04-03-75_Meeting_MinutesE MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, April 3, 1975 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Langdon Gordon; James Golladay; Manuel DeHaven; Richard Madigan; J. William Riley, III; and H. Ronald Berg. ABSENT : Frank Brumback and R. Wesley Williams CHAIRMAN PRO TEM Due to the absence of the Chairman and Vice - Chairman, the • following motion was made: Upon motion made by Langdon'Gordon, seconded by Manuel DeHaven and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby nominate James Golladay as Chairman Pro Tem. MAY MEETING SCHEDULED Ronald Berg suggested that the Commission may want to change their Regular Meeting scheduled for May 1st to May 8th due to the Apple Blossom Festival. Upon motion made by Richard Madigan, seconded by Langdon Gordon and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County • of Frederick, Virginia, does hereby move to hold the Regularly Scheduled Meeting on May 8, 1975. i -2- 37 APPROVAL OF MINUTES The Chairman Pro Tem asked if there were any corrections and /or additions to the Minutes of March 6, 1975 and March 20, 1975. Upon motion made by Richard Madigan, seconded by Manuel DeHaven and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby approve the Minutes as written. SIGN ORDINANCE Upon the arrival of the Chairman, the next order of business i was brought before the Commission. Mr. Berg stated that he had re- drafted the proposed sign ordinance for the Members to review. is Mr. Golladay stated that some exclusion should be included in the ordinance pertaining to temporary signs. He added that "FOR SALE" signs should be permitted. Mr. DeHaven stated that he would like to have a yearly fee put on signs. After a short discussion, it was decided that a fee would be more of a problem to administor..than it might be worth. ATTENDANCE FOR PUBLIC MEETINGS LAND USE PLAN Mr. Berg explained to the Members that numerous people had expressed the feeling that they would like to have the entire Planning Commission present at the Public Meetings being held for the Proposed • Land Use Plan. Mr. DeHaven stated that it was impossible for the Members to -3- //11 v know exactly what the people wanted without being present. He added • that one or two members could not express the desires or opinions of all the Commission Members. Following a short discussion, it was decided that the Public Meetings would continue as scheduled. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 2.75 ACRES, MORE OR LESS, OF JAMES L. BOWMAN AND FRED L. GLAIZE, III, LOCATED ON THE WEST SIDE OF ROUTE 11 SOUTH, APPROXIMATELY SEVEN - TENTHS (7/10) MILES SOUTH OF STEPHENS CITY LIMITS; IN OPEQUON MAGISTERIAL DISTRICT; FROM.INDUSTRIAL, GENERAL (M -2) TO BUSINESS, GENERAL (B -2): Recommended Approval Mr. Berg read the application and showed the exact location of the property to the Members. • Mr. Billy Tisinger, attorney for Mr. Bowman and Mr. Glaize, appeared before the Commission and stated that the property was currently zoned M -2. He added that the Flintkote Company had a 200' strip of land which was used for an access right -of -way to Route 11 located on the North side of the property. Mr. Berg stated that the frontage of the property to a depth of 250 feet would be used for a retail feed, seed, fertilizer and farm supply business (including sales room, warehouse and outside storage area) with a tire- battery- automotive center and gasoline pump islands. Mr. Golladay asked if the pumps would be used only when the store was open. Mr. Lewis H. Hott, of Southern States, stated that this was correct. Mr. Golladay asked Mr. Hott where the gas would drain should • there be a leak in the tank. Mr. Hott stated that tanks would be constructed according to -4- • EPA standards. Mr. Tisinger stated that the reason for rezoning was for the retail use of Southern States. He added that he has Health Department approval for septic tanks with water available from the line along Route 11. No one appeared in opposition. Upon motion made by Langdon Gordon and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick,Virginia does hereby recommend that this application be approved for recommendation to the Board of Supervisors. The above motion was approved unanimously by roll call vote AN ORDINANCE TO AMEND THE FREDERICK COU14TY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 11.056 ACRES, MORE OR LESS, OF T. G. • ADAMS AND ROSALIE F. ADAMS, LOCATED ON THE WEST SIDE OF ROUTE 11 SOUTH, APPROXIMATELY ONE AND ONE -TENTH (1.1) MILES SOUTH OF WIN- CHESTER CITY LIMITS; IN BACK CREEK MAGISTERIAL DISTRICT; FROM: 1. BUSINESS, GENERAL (B -2) TO INDUSTRIAL, GENERAL (M -2) -- 2.487 ACRES. 2. RESIDENTIAL, GENERAL (R -3) TO MULTIFAMILY RESIDEN- TIAL (R -6) -- 2.464 ACRES. 3. RESIDENTIAL, GENERAL (R -3) TO BUSINESS, GENERAL (B -.2) -- 1.640 ACRES. 4. INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3) -- 1.640 ACRES. 5. RESIDENTIAL, GENERAL (R -3) AND INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B -2) -- 2.685 ACRES. 6. INDUSTRIAL, LIMITED (M -1) TO BUSINESS, GENERAL (B -2) -- 0.980 ACRES. Mr. Berg explained to the Members that request #1 was for • the sewage treatment plant; request #2 was to rezone the townhouses and apartments; request #3 was the vacant tract of land behind existing homes; request #4 was the triangular piece of land behind the motel i GZ • which connects with Mr'. Adams' home; request #5 was the motel; and request #6 was the restaurant. Mr. Madigan asked Mr. Joseph Massie, attorney for Mr. Adams, what.:the reason was for rezoning the treatment plant. Mr. Massie appeared before the Commission and stated that the plant was built in 1960 and that Mr. Adams would like to have it rezoned to conform with the zoning ordinance. He added that the plant should be in the M -2 zoning district. When asked what would be gained by changing the zoning of this plant, Mr. Massie stated that it would correct a non - conforming use. A question was raised as to whether sewage treatment plants were allowed in the B -2 zoning district. Following a short discussion, it was suggested that the zoning ordinance might be amended to allow • sewage treatment plants in the B -2 district. The Members agreed with the suggestion to amend the zoning ordinance. A citizen appeared before the Commission and stated that the sewage treatment plant was owned by several stockholders and that all should be involved. Mr. Massie stated that Mr. and Mrs. Adams own the majority of the stock and therefore could request the plant to be rezoned. Upon motion made by Richard Madigan and seconded by James Golladay, BE IT RESOLVED, That the Planning: Commission for the County of Frederick, Virginia, does hereby recommend to deny the request to rezone 2.487 acres from B -2 to M -2 on which the utility plant is located. The above motion was unanimously approved by roll call vote. • Upon motion made by Richard Madigan and seconded by James Golladay, i (3 • BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby instruct Mr. Bergto prepare the necessary wording to allow plants in the various districts. The above motion was approved unanimously by roll call vote. The Commission Members decided to take each section of Mr. Adams' rezoning individually. Mr. Massie stated that the 2.464 acres containing the town- houses and the apartments did not fit in the R =3 district and therefore would like to have it rezoned to R -6 to conform with the zoning ordinance. Mr. Jack Ray appeared before the Commission and stated that the efficiencies in the back of the townhouses were being used for motel rooms. • The Chairman asked what the efficiencies were to be used for. Mr. Berg stated that to the best of his knowledge that they were apartments. Mr. Howard Stumbo appeared before the Commission and stated that they were efficiency apartments, but added that in the summer time they were used for motel rooms. The Commission asked if there are.any recreation areas for the children on this property.. Mr. Stumbo stated that there was not. Upon motion made by Richard Madigan, seconded by James Golla- day and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move into Executive Session to discuss a legal matter. • Upon motion made by Richard Madigan, seconded by Elmer r. 6f • Venskoske• and unanimously passed, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby go out of Executive Session. Upon motion made by Richard Madigan, seconded by Langdon Gordon_ and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby reconvene Regular Session. Mr. Mike Collins appeared before the Commission and stated that the land was originally to be used for either industrial or business uses. He added that he had signed a variance so that a subdivision could be platted. Mr. Collins stated that should the vacant tract of land be • rezoned behind the State Police Barracks, then the homes would be be- tween two businesses. He added that there is also a safety problem, should there ever be a fire. Mr. Madigan asked if Mr. Adams were willing to meet the re- quirements of the R -6 zoning district. Mr. Massie stated that he could not answer for Mr. Adams. A citizen stated that there was also a problem with the en- trance to the subdivision because of the three -lane highway. He added that this safety problem was intensified due to the rise in the road at the entrance to the subdivision. Mr. Massie stated that this was already a developed area and the request for rezoning was made so that it would conform with the zoning ordinance. • Upon motion made by Richard Madigan and seconded by Langdon Gordon, r Iq • BE IT RESOLVED, That the Planning Commission for the County of Frederick Virginia, does hereby recommend to deny the request for rezoning to R -6, and BE IT FURTHER RESOLVED, Instruct Mr. Massie that if Mr. Adams is agreeable to having it conform to the current R -6 zoning that the Commission :would consider the request. The above motion was passed.unanimously by roll call vote. Mr. Massie stated that the next tract containing 1.640 acres would possibly be used for a sign along the ramps of Route 37 and also for a motel annex. Mr. Howard Stumbo appeared before the Commission and stated that the density of population deserved consideration. He added that rezoning to B -2 in order to erect a billboard was not right. He further added that the tract was bordered on the East, North and West • by residences. Mr. Stumbo went on to explain that the only access to the land would be through the R -3 land which would create more traffic. He further stated that he would like to see the land used for recrea- tional purposes. Mr. Ted Spindle appeared before the Commission to state that he was concerned with the lights that would be on all night. He added that he also was concerned with the safety and welfare of his children. Upon motion made by Langdon Gordon, seconded by Richard Madi- gan and unanimously passed by roll call vote, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend that this request be denied for recommendation to the Board of Supervisors. Mr. Massie stated that the next tract of land containing 0.80 0 acres could not be used for industrial purposes as presently zoned. i • The following letter was sent to the Zoning Administrator from Mr. Wade C. Emmart: Dear Mr. Riley: Please refer to your letter to us dated 3/12/75 - T. G. Adams.and Rosalie F. Adams rezoning application. We are very much opposed to item number 4 of this request. The property borders our property on our South boundry lines. The reason for our opposiion is the fact that it would restrict any improvements we may .make by an additional twenty five feet off our property line. For the small amount involved and its location we request it remain as is. Thank you, Yours truly, W.H. EMMART & SON, INC. is /s/ Wade C. Emmart Mr. Emmart appeared before the Commission and stated that if the rezoning request was approved, then any improvement to his property would have to stay 50 feet from the line. He added that his property currently contains four or five acres. Mr. Emmart further stated that at present, he is not planning to develop it. Mr. Massie stated that the triangle is out of character with the rest of the property owned by Mr. Adams. Upon motion made by James Golladay and seconded by Richard Madigan, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend to the Board of Super- visors that tract #4 be denied. The above motion was unanimously approved by roll call. vote. • Mr. Massie stated that the last two requests were made so that the motel and restaurant would conform to the zoning ordinance i -lo- • No one appeared in opposition. Upon motion made by Manuel DeHaven and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of.Frederick, Virginia, does hereby recommend to rezone the motel to B -2 and the restaurant from M -1 to B -2. The above motion was unanimously approved by roll call vote. OLD BUSINESS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE .93 ACRES, MORE OR LESS, OF BOYD J. UNGER, JR., LOCATED ON THE EAST SIDE OF ROUTE 522 SOUTH, APPROXIMATELY 2.6 MILES SOUTH OF ROUTE 50 EAST; IN SHAWNEE MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO INDUSTRIAL, LIMITED (M -1). Mr. Berg stated that this amendment was tabled at the March 6th Meeting. • Mr. Boyd Unger appeared before the Commission and stated that he did not know whether this request would come under the B -2 district or M -1. The Chairman stated that it would come under B -2 since Mr. Unger plans to operate it as a retail store. Mr. Unger stated that A -2 district allows gift shops under which ceramics is usually considered. Mr. 'Berg stated that Mr. Unger could submit a Conditional Use Permit for a gift shop. Upon motion made by Langdon Gordon and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby take no action on this request and let the choice be Mr. Unger's as to whether he wants to take it to the • Board of Supervisors or to come back,for a Conditional Use Permit. The above motion was unanimously approved by roll call vote. r C� O PRESENTATION • WELLINGTON H. JONES Mr. Jones appeared before the Commission to obtain approval of the Frederick County Sanitation Authority extending water facilities along Route 277 to Clark County. He stated that Mr. Hubbard, Water and Wastewater Supervisor of the Department of Welfare and Institutions, had inquired about the extension of services on Route 277 and the possibility of Camp 7 on Route 522 being served by these services. Mr. Jones added that this would include 226 houses, 6 commercial, 112 unit trailer park and the Frederick County Park. He further stated that there was in addition sixteen potential connections along Route 636 south of and within 2000' of the intersection with Route 277. Mr. Berg showed the location of the extension to the Members. • Mr. Golladay asked if the Clark County Board had been contacted. Mr. Jones stated that they had not. He added that easements would have to be obtained from the property owners on Route 636. Upon motion made by James Golladay and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, has hereby reviewed the Route 277 water facilities and find that it is in compliance with the 1990 Plan. The above motion was approved unanimously by roll call vote. A -95 REVIEWS Mr. Berg stated that the Lord Fairfax Planning District Com mission had sent two A -95 Reviews for consideration by the Planning Commission. One concerned Federal funding to pave Route 37 and the • other was the construction of a Nursing Education Building at Shenandoah College for $400,000. -12- • Upon motion made by James Golladay, seconded by Elmer Venskoske and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby approve the A -95 Review for the paving of Route 37. Upon motion made by Elmer Venskoske, seconded by Manuel DeHaven and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby approve the A -95 Review for the Nursing Education Building at Shenandoah College. i SITE PLANS W.H. EMMART & SON, INC. Mr. Bill Riley, Zoning Administrator, showed the exact loca- tion of the proposed self- service gasoline station located on Route 11 • South next to Echo Village Restaurant. He added that it would contain two (2) pumps and that it meets all zoning requirements. Mr. Riley further added that the Highway Department had not approved the site plan as yet. Upon motion made by Langdon Gordon and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval of this site plan subject to Highway Department approval. The above motion was unanimously approved by roll call vote. CAPITOL RECORDS Mr. Riley showed the exact location of the proposed 387' x 270' • addition. He ..stated that it meets all zoning yard requirements and parking regulations. Upon motion made by James Golladay, seconded by Elmer Venskoske • -13- and unanimously approved, � �h BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend this site plan for approval. STEVAN A. RESAN REQUEST The following letter was sent to Mr. Bill Riley from Stevan Resan, PCA: Dear Mr. Riley: As you suggested in our phone conversation I am setting forth my request in this letter. I would like to operate a business from my pro- perty at Whitacre and, as I understand it, it should qualify under the "home occupation" category. 0 I am a chemist and would like to set.up a business in which I could permit chemical analyses and testing for various fields, in particular environ- mental quality and industrial hygiene. In order to perform the various analyses, facilities would have to be built. A one story building approximately 15' x 30' would suffice for an office and laboratory. The building would be built on the one acre lot where my present residence is situated. Kindly advise me of your appraisal of this matter. If you need any more information please contact me. Sincerely, /s/ Stevan A. Resan PCA Mr. Berg explained that the operation would be used by the family only. Mr. Gordon stated that he felt it needed serious consideration. and should be considered in a Work Session. The Members agreed with this suggestion. Mr. Riley was in- 0 structed to inform Mr. Resan'. of this action. i -14- WORK SESSION Following a short discussion, it was decided by the Members that a Special Work Session would be held on May 15th at 2:00 P.M. ADJOURNMENT Upon motion made by Elmer Venskoske, seconded by Langdon Gordon and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby adjourn its meeting. Respectfully submitted, Keith W1q,_liams, Chairman • H. Ronald Berg, Secretary