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PC_06-05-75_Meeting_Minutes� MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, June 5, 1975 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Manuel DeHaven; James W. Golladay, Sr.; C. Langdon Gordon; Richard Madigan; Frank Brumback; J. William Riley, III; and H. Ronald Berg. ABSENT : Clinton.Ritter, Jr. and R. Wesley Williams. CALL TO ORDER The Chairman called the Meeting to Order and announced that MINUTES - AMENDED May 8, 1975 The Chairman stated that on Page 5 of the May 8th Meeting, the resolution concerning Public Service Districts should read as follows: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby request Mr. Berg to work on a Public Service District ordinance for sewage treatment plants and water treatment plants for the next Regular Meeting. The Chairman asked if there were any other corrections and /or additions to the Minutes Upon motion made by Elmer Venskoske, seconded by James Golla- • day and unanimously approved, the first order of business was the approval of the Minutes of May 8, 1975 and May 22, 1975. MINUTES - AMENDED May 8, 1975 The Chairman stated that on Page 5 of the May 8th Meeting, the resolution concerning Public Service Districts should read as follows: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby request Mr. Berg to work on a Public Service District ordinance for sewage treatment plants and water treatment plants for the next Regular Meeting. The Chairman asked if there were any other corrections and /or additions to the Minutes Upon motion made by Elmer Venskoske, seconded by James Golla- • day and unanimously approved, -2- • � BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby approve the Minutes of May 8th as amended. MINUTES - APPROVED MAY 22, 1975 Upon motion made by James Golladay, seconded by Elmer Ven- skoske and approved unanimously, BE IT RESOLVED, That•the Planning Commission for the County of Frederick, Virginia, does hereby approve the Minutes of May 22nd as written. WORK SESSION LAND USE PLAN DRAINAGE AREAS Mr. Berg showed the Red Bud - Lick Run - Opequon Drainage • areas to the Members and explained the areas which would be affected on the proposed Land Use Plan. Upon motion made by Manuel DeHaven, seconded by Keith Williams and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move to change the Map to take in the Red Bud, Lick Run, and a portion of the Opequon Drainage areas. DISCUSSION Mr. Madigan stated that it might be good planning now to develop the area West of Route 37, since it could be watered and sewered. Mr. Golladay stated that this proposal is contrary to the • proposed Plan. He Added that some areas need the services more than others. -3- gv • Mr. Madigan stated that the new Regional Plant, which is scheduled to be completed by 1983, would be able to provide services to the west of the City. He added that this growth development should be considered. Mr. Wellington Jones, Engineer- Director for the Sanitation Authority, appeared before the Commission and outlined the areas to be serviced by the 1983 Regional Plant. Mr. Gordon stated that since the Plan must be revised in five years, then that would be the time to consider development west of the City. He added that the eastern portion of the county should be sewered first. PUBLIC SERVICE DISTRICT • The Chairman stated that the next order of business was the proposed Public Service District (S -1). Mr. Berg told the Members that the Public Service District was in the 1971 -1972 draft Zoning Ordinance. He added that the dis- trict was taken out in 1973 due to various problems incurred. Mr. Wellington Jones, of the Sanitation Authority, appeared before the Commission and expressed his views on the proposed dis- trict. He stated that a public service district would create un- necessary problems for the Commission, the Regional Service Authority and the Sanitation Authority. Mr. Jones stated that the State Water Control Board currently has the draft sewage regulations for the Commonwealth of Virginia under advisement, which would probably be adopted this fall. He • added that the draft contains the treatment processes and plant loca- tions, with restrictions. • Mr. Jones stated that if the Sanitation Authority found a location for a treatment plant, then the land would have to be re- zoned. He added that more than likely, the rezoning would be against the owner's wishes. He went - on to explain that the only other al- ternative the Sanitation Authority would have would be to exercise its right of Condemnation. Mr. Jones further stated that if this was done, then the Commission would have no option but to rezone the condemned land. Mr. J.O. Renalds, III, County Administrator, appeared before the Commission and stated that the Public Service District would be just another "layer" of approvals. He stated that before a Treat- ment Plant can be put in, the plans must be reviewed and approved by the Health Department and State Water Control Board. He added that in the past, the State Water Control Board would not give their approval unless the Board of Supervisors gave their permission to put in a treatment plant. Mr. Renalds added that there is about four or five agencies that must give their approval before a plant is built. Upon motion made by Richard Madigan, seconded by Langdon Gor- don and approved unanimously by roll call vote, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby request Mr. Berg to get the Commonwealth Attorney's opinion in writing for our records on whether treatment plants are conforming or non - conforminig in whatever dis- trict they are in. RECESS The Chairman called a recess until 3:00 P.M. when the Public • Hearings were scheduled to begin. • CALL TO ORDER The Chairman called the Meeting to Order for the Public Hearing. PUBLIC HEARINGS 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). TABLED Mr. Berg read the application requesting rezoning from R -1 to R -3 to construct single - family dwellings. Mr. Joseph A. Massie, Jr., attorney for Mr. Peters; appeared • before the Commission and presented an overall master plan of the subdivision. He stated that the lots as presently platted do not conform to the current zoning ordinance. Mr. Massie_ added that the Health Department has approved the subdivision plat for central water and sewer. He.added that the State Highway Department has also approved the proposed roads in the subdivision. Mr. George King appeared before the Commission and stated that he was representing the people that lived in Frederick Heights and Senseny Heights. He presented a petition with 89 signatures requesting that the R -1 zoning be retained in this area. He added that the property value of the above subdivisions would decline should the • rezoning be approved. Mr. Ronald W. Carper and Mr. Tod Pantels appeared before the Commission and stated their objections to the proposed rezoning. L i WE • Mr. Massie appeared before the Commission in rebuttle. He stated that the land must be rezoned in order to conform with the rest of the subdivision. The Chairman asked why there was not one lot in Section 1 that does not conform to the old R -2 area. Mr. Massie stated that Section 1 was put in back in 1961. Mr. King appeared before the Commission and stated that there was a price restriction in the Deed. He added that the homes built for $20,000 in 1972 were nice,,but that in 1975 that amount would not build a decent home. Mr.. Gordon stated that the Commission had no control over the price range of homes being built in the subdivision. A lengthy discussion followed in which Mr. Massie and the • Commission Members discussed the lot size restriction along with the value of the proposed homes. Upon motion made by James Golladay, seconded by Richard Madi- gan and unanimously approved by roll call vote, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby table this rezoning until the next meeting, and BE IT FURTHER RESOLVED, That this be taken up in a Work Ses- sion and'be� brought back at the next Regular Meeting, and BE IT FURTHER RESOLVED, That Mr. Joseph A. Massie bring back a Convenant with the plat that states that the homes to be built will be of no lesser floor space value than those that are already in the subdivision. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 17 -5 -1 TO READ: I A NONCONFORMING STRUCTURE TO BE EXTENDED OR ENLARGED • SHALL CONFORM TO THE PROVISIONS OF THIS ORDINANCE, EXCEPT, HOWEVER, A NONCONFORMING STRUCTURE MAY BE ENLARGED OR MODIFIED IN SIZE ONLY IF SUCH ENLARGEMENT OR MODIFICATION WILL NOT RESULT IN AN INCREASE IN THE DEGREE OF NONCONFORMITY. � � J r ^7_ � U r RECOMMENDED APPROVAL The Chairman read the proposed amendment. Upon motion made by Richard Madigan, seconded by Elmer Ven- skoske and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend adoption of the pro- posed amendment. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 18 -6. SIGNS. DEFERRED Mr, Fred Young, First Vice - Presient of the Winchester- Frederick County Chamber of Commerce, appeared before the Commission. He read • the following statement to the Members: "STATEMENT PASSED BY THE BOARD OF DIRECTORS OF THE WINCHESTER- FREDERICK COUNTY CHAMBER OF COMMERCE AT A SPECIAL MEETING OF THE BOARD HELD ON JUNE 4, 1975 TO BE PRESENTED TO THE PLANNING COMMISSION OF FREDERICK COUNTY ON JUNE 5, 1975 AT THE PUBLIC HEARING REGARDING A NEW FREDERICK COUNTY SIGN ORDINANCE: The existing.Frederick County sign ordinance and the Virginia State Code are adequate to protect the scenic beauty of Frederick County. We believe additional restrictions are unnecessary and would restrict further economic: development and commerce in Frederick County. For the Board of Directors, /s/ Wade Ferguson, Executive Director" Mr. Randolph Larrick, representing the Winchester Advertising Company, appeared before the Commission and stated their opposition • to the proposed new sign ordinance, He stated that the proposed ordinance prohibits outdoor commercial advertising entirely. Mr. Douglas Wright, President of the Winchester Advertising u Company, appeared before the Commission like to have the Commission study the and make that a basis for a proposed County. He went on to state that the hibits signs except on property where further explained that he was opposed posed ordinance. I He stated that he would State Laws governing signs sign ordinance for Frederick proposed ordinance now pro - a business is located. He to the limitation of the pro- Mr. Warren.Teets appeared before the Commission to state his opposition to the proposed ordinance, on behalf of the Travel Promo- tion Committee of the Chamber of Commerce. He went on to add that the ordinance would restrict future business in Frederick County. Mr. Wade Emmart, of Emmart Oil Company, appeared before the C� Commission and stated that he was opposed to the height and size regulations of the proposed ordinance. Mr. Joseph Massie, representing Shawneeland,.Marjec, and Mtn. Falls Park, appeared before the Commission to state his objec- tions to the proposed ordinance. He stated that the ordinance would not permit a directional sign to the above properties other than on their own property. Mr. Donald Vaden appeared before the Commission to express his views in opposition to the proposed ordinance. Mrs. Eleanor White (C.R. White, Sr.) appeared before the Commission and stated her views in favor of the proposed ordinance. Mr. Steve Locke,appeared before the Commission and stated that he would like to have billboards prohibited in the ordinance. Mr. Bob Clator appeared before the Commission and stated that • the proposed ordinance would hurt small businesses. Mr. T. G. Adams appeared before the Commission and stated that J i • he was concerned with the tourist industry as a whole. He added that he objects to.the proposed ordinance and the restriction on the size of signs. Mr. Douglas Wright stated that he would be happy to talk to the Commission at any time and help in wording a proposed ordinance. Upon motion made by Richard Madigan, seconded by James Golla- day and passed unanimously by roll call vote, BE IT RESOLVED,.That the Planning Commission for the County of Frederick, Virginia, does hereby move to send this proposed ordinance back to the Committee for further study and that Douglas Wright be invited to meet with the County Planner along with Mr. Wright's attorney in order to write an ordinance. OLD BUSINESS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 12.692 ACRES, MORE OR LESS, OF S. L. • SHACKELFORD ESTATE, LOCATED ON THE EAST SIDE OF ROUTE 642, APPROXI- MATELY SIX- TENTHS (6/10) MILES SOUTH OF KERNSTOWN INTERCHANGE 79; IN BACK CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1). RECOMMENDED DENIAL Mr. Frank Brumback stated that he would be abstaining from participating in this rezoning request due to personal reasons. Mr. Herb Shackelford appeared before the Commission and stated that in his opinion his request for rezoning should be under the B -2 zoning district and not the M -1 district. Mr. Steve Locke appeared before the Commission and stated his objections to the rezoning request. Mr. Leroy Ritenour appeared before the Commission and stated that he was worried about the loss of value of the homes in Lake- side subdivision. The Chairman read a petition presented to him by residents F -10- of Lakeside Subdivision objecting to the rezoning. • Mr. Harry Williams appeared before the Commission and stated that he was opposed to the rezoning request. He added that he would not like to see the resident ':s capital investments detrimentally impared by a commercial business. Mr. Richard Madigan asked Mr. Williams who he was representing. Mr. Williams stated that he was representing DANAC, a sub- sidiary of the Richmond Corporation. Mr. Richard Madigan stated that he would abstain from taking any action on this rezoning request and that he would also abstain from voting. Mr. Elmer Verguson, Project Manager for Danac and property owner in Lakeside Estates, stated that he was worried that the approval • of this rezoning request would lead to "other things." Ms. Barbara Ratcliff and Ms. Janice Horton appeared before the Commission and stated their objections to the rezoning. Mr. James Stonesifer, a representative for the prospective purchasers of the land in question, stated that a modern facility would be constructed that could be screened from public view. Upon motion made by Langdon Gordon and seconded by Keith Williams BE IT RESOLVED, That the Planning Commission for the County of Frederick, Viriginia, does hereby recommend denial of this rezoning to the Board of Supervisors. The above motion was approved by the following vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; with Mr. Brumback and Mr. Madigan both abstaining. NEW BUSINESS PROPOSED HIGH SCHOOL DISCUSSION CW r� i • Iq -11- The Chairman stated that the main factor in considering a school site was water and sewer facilities. Mr. Gordon stated that the County should not even consider any land at this point, but added that the Commission should have a choice of properties in selecting a site. Mr. Gordon further stated that he would like to have the Planning Commission and the School Board work jointly on a school site. / Messrs. DeHaven, Williams and Brumback agreed with the above proposal of the Commission and School Board 'working together. Mr. Golladay stated that the school should be built where • public water and sewer is already located and not where it must be put in first. MASTER PLAN LAGES PROPERTY The Chairman stated that the next Order of Business was to review a master plan for the development of the Lages property on Route 50 East. Mr. Berg stated that the Board of Supervisors had accepted the plan at their last meeting and they had sent it onto the Commission for their review and recommendation. The Commission Members stated that this proposed plan did not include Mr. Garber's or Mr. Strosnider's property. Following a short discussion among the Members, it was decided • that the two right -of -ways should have an exit onto Route 522 as recommended. It was further stated that Mr. Garber's and Mr. Stro- snider's land should be included in the plan. The Members added that the plan was not adequate to serve as a guide for current or future zoning decisions but that the two 60 -foot right -of -ways was acceptable. -12- • Upon motion made by Langdon Gordon, seconded by James Golladay, and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby give Mr. Berg the authority to word and present to the Board of Supervisors the Commission's think- ing. CONDITIONAL USE PERMITS FREDERICK COUNTY PARKS AND RECREATION DEPARTMENT RECOMMENDED APPROVAL Mr. Berg stated that the Conditional Use Permit was for a complete county recreation area for the newly acquired park, located on the north side of Route 277 and west of Route 636. Upon motion made by Elmer Venskoske; seconded by Frank Brum- • back and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval of this Con- ditional Use Permit to the Board of Supervisors. RICHARD J. SCHERZINGER RECOMMENDED DENIAL The Chairman read the application of Richard J. Scherzinger requesting a Conditional Use Permit to operate a small engine repair shop for lawnmowers and riding mower tractors as a Home Occupation, to be conducted within the garage attached to the house and located in The Meadows Subdivision in Stephens City. The Chairman read a letter from Mrs. Laura F. Pifer, dated June 5, 1975 to the Members, in opposition to the Conditional Use • Permit. "To Mr. Golladay, Sr., Representative to the Planning Commission:/ Pr -13- Due to the short notice and the hour of the meeting • that is scheduled for today, the neighbors that-would like to be present for the reading of the application of Richard Scherzinger for a small engine shop will be unable to attend. Nevertheless, we would like to go on record as opposing the operation of such a shop in any form in a neighborhood such as ours. Since we.are uncertain as to the proper channels to follow, we are unorganized at this time, so therefore, I have been asked to speak for the neighbors that have houses facing the shop in question as well as for the houses beside and behind the shop. If necessary, a petition and photo- graphs can be presented at the Commission's request. 1 Among the violations that are devaluing our property as well as disturbing us are as follows: Number one: Under Residential Use of our Subdivision Covenant, no business is permitted that will be displayed in any way outside the home dwelling. Since Mr. Scherzinger has lawn mowers stored outside as well as fixing them outside, this is in direct violation. Number two: Under the Character of` Building no trailer or similar vehicle shall be property. This would cover the loading trailer which sits to the side of the driveway and has parts pertaining to the shop stored in them. Under Signs: No signs ad- vertising the shop, this is violating still another cov- enant. Under Vehicles No vehicles are to (be) stored or parked on the property no greater than ninety (90) days without the proper Virginia licenses. Since there is an old car previously parked to the rear and now to the side of his house, and also a golf cart parked near the front, there is still another violation of the convenant. All of these above mentioned are only the technical violations and only in brief detail. There is the noise to be con- sidered as well as the looks from where we live. Since my husband and I have put a lot of time and money into the upkeep and beauty of our home, we'do not appreciate sit- ting on our front porch and looking across the street at this business. Since we try to abide by the convenants of the deed which we signed when we moved into our home, we do not appreciate the fact that others can directly violate one or a number of violations of the same convenants. As stated before, this is just a brief resume to give you some idea that the neighbors are very unhappy about this situation, and we hope that it can be taken care of in the proper manner. If this means denying this man an application for his business, then we hope that you will do so. If there are any further questions, or if I can be of any help on this in the future, I can be reached at the above address or by calling 869 -3363. • Thank you very much. Sincerely, /s /Laura F. Pifer Mrs. Robert L. Pifer, Jr.)" i -14- T3 • The Chairman read the definition of a Home Occupation. Mr. Golladay stated that there were approximately 20 lawn- mowers sitting around the house along with an old disabled vehicle and a golf cart. He added that Mr. Scherzinger was definitely in violation of the Home Occupation definition. The Chairman stated that the business must be carried on entirely under cover. Upon motion made by James Golladay, seconded by Frank Brum- back and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend that the application of Richard J. Scherzinger be denied. SUBDIVISIONS • 1. Senseny Heights, Sections C and D - (E.L. Peters); Preliminary Plat, not recommended by Staff. Upon motion made by Elmer Venskoske, seconded by James Golla- day and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend denial of this pre- liminary plat. 2. Leon Zeiger, Section 5 - Preliminary Plat; not recommended by the Staff. The Members studied copies of the plat. Mr.'Berg stated that he had written a letter to Mr. Zeiger in February stating that there was a dangerous intersection at Route 616 and the proposed road in the subdivision. He went on to explain that he had suggested to Mr. Zeiger that there be a cul -de- • sac somewhere at Lot 40 or Lot 41. Mr. Ben Butler, representing Mr. Zeiger, appeared before the M F -15- • Commission and stated that the Highway Department had approved_ the preliminary plat. He added that Mr. Zeiger would be willing to make the temporary cul -de -sac permanent which would serve 10 lots. A short discussion followed between the Members in which they discussed the proposed roads as well as the grade of the roads. Due to a lack of recommendation, the Chairman made the following motion: Upon motion made by Keith Williams, seconded by Langdon Gor- don and approved unanimously by roll call vote, including the Chair- man, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend that the subdivision be approved subject to the cul -de -sV at the top of the hill being made permanent and that,the gradient receding down the hill is at no more than eight percent with the last forty feet being of lesser grade perferably, and • BE IT FURTHER RESOLVED, That there will be final approval from the Highway Department. 3. Eli Garber - Redivision of 2 lots, on Route 608. Highway Department approved, Health Department approved two lots but does not recommend the division due to steep terraine. Mr. Berg explained that there were presently 2 three -acre lots which Mr, Garber plans to subdivide into 3 two -acre lots. He went on to state that the Health Department had approved two of the three lots, but that,the third lot would need some more work. Upon motion made by Manuel DeHaven and seconded by Elmer Ven- skoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval subject to Health Department approval. The above motion was approved by the following recorded vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, NAY; Mr. Williams, r -16- • ABSTAINS; Mr. Venskoske, AYE; and Mr. Brumback AYE. 4. Cooper Subdivision - Division of one lot with two houses into two lots; fronting Route 7 in Shawnee Magisterial District; Highway Department approved. Mr. Berg stated that presently there were two houses on an one acre lot. He added that with the division of this lot, the new lots would not conform to the zoning requirements.. Mr. Berg added that he had been advised by the Health Department that the drain - field on Lot 1 was malfunctioning and could not be approved. He stated that the second drainfield could be approved. Mr. Berg went on to state that the Health Department could not approve the sub- division. Upon motion made by James Golladay, seconded by Frank Brum- • back and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move to take this matter up in a work session. WORK SESSION Following a short discussion, the Members decided to hold a Work Session on June 19, 1975 at 1:00 P.M. in the Board Room. ADJOURNMENT Upon motion made by Langdon Gordon, seconded by Elmer Ven- skoske and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby adjourn its meeting. • Respectfully submitted, ly &tv " - H. Ronald Berg, Secretary i 0 0 L M