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PC_07-03-75_Meeting_Minutesr • MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, July 3, 1975 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Manuel DeHaven; C. Langdon Gordon; Richard Madigan; Frank Brumback; H. Ronald Berg; and J. William Riley, III. ABSENT : James W. Golladay, Sr. and Clinton Ritter. CALL TO ORDER Due to the absence of the Chairman, the Vice - Chairman called the Meeting to and announced that the first order of business was the approval of the Minutes. MINUTES - AMENDED June 5, 1975 • Richard Madigan stated that on Page 2, of the June 5th Meeting, the first paragraph under title "Discussion" should read as follows: Mr. Madigan stated that it would be well to plan the area west of Route 37 and that it would most likely be de- veloped... Upon motion made by Richard Madigan, seconded by Manuel DeHaven and approved unanimously, BE IT RESOLVED, That the Planning Commission for.the County of Frederick, Virginia, does hereby approve the Minutes of June 5th and June 19th with the corrections. OPINION SEWAGE TREATMENT PLANS Mr. Berg stated that the Commonwealth Attorney, Lawrence • R. Ambrogi, was of the opinion that sewage treatment plants would be permitted.by the following wording in whatever dis- jz,-)3 i trict they are located in: • "Public utilities including poles, lines, distribution transformers, pipes, and meters, water and sewer facilities and lines." Upon motion made by Richard Madigan, seconded by Frank Brumback and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move that this communication be.accepted and put on file. SECOND REGULAR MEETING After a short discussion, the following motion was made: Upon motion made by Richard Madigan, seconded by Manuel DeHaven and passed unanimously by roll call vote, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, will hereby hold its second Regular Meeting on the Third Wednesday of every month at 2 P.M. • Upon motion made by Richard Madigan, seconded by Frank Brumback and approved unanimously by roll call vote, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby reserve meeting of every month to review rezoning applications unless there be proof of an emergency for rezoning hearings for the second meeting of the month. LAND USE PLAN The Chairman stated that the next order of business was to discuss the proposed Land Use Plan. Following a short discussion, it was decided that comm- ercial uses under the Highway Development District would have a minimum lot size of five (5) acres with 400 feet of front- age. Mr. DeHaven stated that he would like to have a minimum • lot size of five (5) acres for industrial uses with a three - acre lot size for commercial. Following a short discussion, the Members stated that -3- they would like to have put into the Plan the reasoning be- hind the statements already printed in the Plan. It was further decided that the Plan would be sent back to Mr. Berg for revisions. EXECUTIVE SESSION Upon motion made by Richard Madigan, seconded by Elmer Venskoske and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby go into Executive Session to discuss some legal'matters pertaining to a letter received by the Commission from Mr. Massie, Attorney, for the Peters' Subdivision. Upon motion made by Richard Madigan, seconded by Manuel DeHaven and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby go out of Execu- tive Session. • REGULAR 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. A -95 REVIEWS APPROVED Mr. Berg explained to the Members that the first A -95 Review concerned the funding of one -third of the staff salaries of the Braddock House for Fiscal Year '78. He added that the total amount of Federal funds involved was $21,741. Mr. Berg went on to state that the second A -95 Review concerned a coordinated signal system for the Winchester • Central Business District bounded by Piccadilly, Kent, Court, and Stewart Streets. He added that the Virginia Department i - 4'- of Highway estimated cost at $300,000. • Upon motion made by Richard Madigan, seconded by Elmer Venskoske and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby approve the two A -95 Reviews. SITE PLANS GAINESBORO SALVAGE APPROVED Mr. Berg explained to the Members that this site plan 10,6 was requested to construct a 30' x 40' block building to be used for storage of used car parts. He added that this build- ing would be located on the west side of Route 522 North, and the north side of Route 688 in Gainesboro Magisterial District. • Upon motion made by Elmer Venskoske, seconded by Manuel DeHaven and passed unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval of this site plan. SHENANDOAH GAS COMPANY APPROVED Mr. Berg stated that this was a request to construct a 25; x 30' storage building to be located on the east side of Route 847, about 4/10 miles north of Interchange 79 in Back Creek Magisterial District. Upon motion made by Richard Madigan, seconded by Elmer Venskoske and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval • of this site plan. PUBLIC HEARINGS AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE -5- 167 ADOPTED NOVEMBER 1, 1975 TO REZONE 71.646 ACRES, MORE OR LESS, • OF WINCHESTER RENDERING COMPANY, INC., LOCATED ON THE SOUTH SIDE OF ROUTE 679 AND THE WEST SIDE OF ROUTE 608; IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO IN- DUSTRIAL, GENERAL (M -2). RECOMMENDED APPROVAL Mr. Ronald Berg read the application to the Members and showed them the exact location of the property in question. Mr. Gerald Smith, secretary, appeared before the Commission and stated that the business was started at its present location in 1950. He stated that there no anticipated changes or additions to the plant in the future. Mr. Madigan stated that some time ago there were'_ numerous complaints about the odor. He added that he would like to know what is being done to alleviate the situation. Mr. Smith stated that they are doing everything that • can possibly be done to help the odor problem. He added that the weather has a lot to do with odor problem. Mr. Madigan asked if they were still taking the liquid to the Winchester Treatment Plant. Mr. Smith stated.that at the present time they are tak- ing five thousand (5,000) gallons. Following a short discussion, it was suggested to Mr. Smith that he might want to talk with the Engineer of the Sanitation Authority. Mr. Madigan stated that he would like to be present during this meeting. No one appeared in opposition. Upon motion made by Manuel DeHaven, seconded by Frank • Brumback and passed unanimously by roll call vote, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend to the Supervisors: for approval this change from A -1 to M -2. 0 -6- ) b AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE • ADOPTED NOVEMBER 1, 1973 TO REZONE 1.81 ACRES, MORE OR LESS, OF CHARLES W. BOYLES AND PAUL E. RICHARD, LOCATED ON THE EAST SIDE OF ROUTE 739, "ABOUT TWO- TENTHS (2/10) MILES NORTH OF IN- TERSECTION WITH ROUTE 671; IN STONEWALL MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO MULTIFAMILY, RESIDENTAIL (R -6). Mr. Berg read the application to the Members. Mr. Paul Richard appeared before the Commission. The Chairman asked about the water and sewer system on the property. Mr. Berg stated that the Health Department had not had time to check the property. Mr. Richard stated that the old school house was approx- • imately 50' x 50'. He added that it was two stories and that he plans to have four (4) apartments. Following a short discussion, the Members decided that more information was needed from the Health Department on the well and septic systems and also from the Building Inspector as to whether the building could be converted into apartments. Upon motion made by Richard Madigan, seconded by Manuel I i DeHaven and passed unanimously by roll call vote, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby postpone action on this application for rezoning until August 7th or such date that Mr. Richards can get the answers and information. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 1.427 ACRES, MORE OR LESS, OF DONALD P. SAVILLE, LOCATED ON THE NORTH SIDE OF ROUTE 50 WEST, ABOUT ONE -HALF MILE EAST OF INTERSECTION WITH ROUTE 654; IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO BUSINESS, GENERAL (B -2). RECOMMENDED APPROVAL Mr. Berg read the application for rezoning to the Members. Mr. Saville appeared before the Commission and stated i -7= that presently, the buildings were a nonconforming use. He d • added that he would like to have them conform to the zoning ordinance. Mr. Saville went on to explain the parking area to be located on the 1.4 acres. He added that there were three (3) exists off the right -of -way. No one appeared in opposition. Upon motion made by Richard Madigan, seconded by Manuel DeHaven and approved unanimously by roll call vote, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend to rezone this property for Donald P. Saville from A -2 to B -2. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 20.6 ACRES, MORE OR LESS, OF GARLAND R. AND LOUISE S. CATHER, LOCATED ON THE WEST SIDE OF ROUTE 654, ABOUT FOUR- TENTHS (4/10) MILES SOUTH OF INTER- is SECTION WITH ROUTE 803; IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -1). RECOMMENDED DENIAL Mr. Berg read the application and showed the exact location of the property to the Members. Mr. Cather appeared before the Commission. Mr. Madigan stated that Perry's Quarry would come within 500 or 600 feet of the property. He added that the land is near the quarry which is zoned M -2. A short discussion followed regarding the possible effects of blasting in the quarry on the future residents. Mr. Gordon asked Mr. Cather what he plans to do with the remainder of the frontage on Route 654. • Mr. Cather stated that he plans to farm the land and then maybe develop it some time in the future. Mr. Gordon asked if the Health Department had approved 0 i the land. • Mr. Berg stated that the rezoning was referred to the Health Department and that the lots were generally acceptable. Mr. Ben Butler, attorney for Perry's Quarry, appeared before the Commission in opposition to the proposed rezoning. He stated that he was concerned for the safety of future residents since the rock underground runs in veins which may shift position. He presented pictures to the Commission in support of this statement. Mr. Butler went on to state that this was poor planning, since there would be industrial land backing onto residential. He added that this would be spot zoning. Mr. Butler further stated that the County should take a stand against "Cardoor" rezoning, He stated that if this rezoning was approved, then • this would set a precedent. Mr. Madigan stated that he felt it was dangerous to re- zone this land so near an M -2 zone. He added that he could forsee trouble with the residents that might locate in this area. Mr. Madigan further stated that there was danger in- volved not only with the quarry but with the spray materials. Upon motion made by Richard Madigan and seconded by Langdon Gordon, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend Board of Supervisors the denial of this rezoning request from A -2 to R -1. The above motion was passed with Mr: Brumback, Mr. Gordon, Mr. Madigan, and Mr. Venskoske, AYE; with Mr. DeHaven, NAY. • AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 1.84 ACRES, MORE OR LESS, OF LEON R. FLEISHER AND WILLIAM J. DOLIANTE, LOCATED AT THE WIM INTERSECTION OF ROUTE 11 SOUTH AND ROUTE 706; IN BACK CREEK • MAGISTERIAL DISTRICT; FROM RESIDENTIAL, GENERAL (R -3) TO BUSINESS, GENERAL (B -2). TABLED INDEFINITELY Mr. Berg read the application to the Members. Mr. H. C. Benham, III, appeared before the Commission and gave a brief history of the property. Mr. Fleisher appeared before the Commission and stated that he had purchased the land in 1959 to put in a bowling alley. He added that this was never done due to not being able to obtain sufficient funds for the project. No one appeared in opposition. Upon motion made by Langdon Gordon, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move that this request be denied until there is more definite plans for • the business that will be there. A short discussion followed in which Mr. Madigan stated that it might be best to withdraw this application until Mr. Fleisher and Mr. Doliante have an idea of what will be put on the property. Mr. Benham requested that the application be tabled indefinitely until there are some definite plans. Mr. Gordon withdrew his motion. Upon motion made by Richard Madigan, seconded by Elmer. Venskoske and passed unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move to allow Mr. Benham's request to table his application for rezoning of this property indefinitely. • OLD BUSINESS 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 ar i -10- / /z�- SENSNEY ROAD, ADJACENT TO SENSENY HEIGHTS SUBDIVISION, FRONT- ING BOTH SIDED OF MASSIE DRIVE; IN SHAWNEE MAGISTERIAL DIS- TRICT; FROM RESIDENTIAL, LIMITED (R -1) TO RESIDENTIAL, GENERAL (R -3) . RECOMMENDED APPROVAL Mr. Joseph Massie appeared before the Commission. He stated that the request for rezoning was what was being taken up at this time. He stated that the Commission was asking Mr. Peter's to change the character of the subdivision. He added that the Master Plan of the 60's was approved by the Board of Supervisors. A short discussion followed on the recommendations the Commission made concerning the subdivision. No one appeared in opposition. 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 recommend approval of this rezoning request from R -1 to R -3. SUBDIVISIONS 1. Family variance to the'Division of Land Ordinance. Mr. Berg stated that this lot is located off Route 628 in Back Creek Magisterial District. He ,added that the divi- sion involved a first - cousin, who is the only living relative. He further stated that the _land contained 3.053 acres. Upon motion made by Richard Madigan, seconded by Frank Brumback and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval. ! • 2. Elmer Oates Subdivision - Contains 2 lots fronting Route 259, in Back Creek District. Has Health and Highway -11- Department approvals. • Mr. Berg stated that the lots met all zoning requirements. Upon motion made by Elmer Venskoske, seconded by Frank Brumback and passed unanimously, BE IT RESOLVED, That the Planning Commission for the County, of Frederick, Virginia, does hereby recommend approval. 3. Pine Investment Corporation - One lot fronting Route 277 adjacent to the Holsum Bakery Store. Has Health and High- way Department approvals. Mr. Berg stated that because there was only 75' of front- age and not 150', that this division could not be handled administratively. Upon motion made by Richard Madigan and seconded by Langdon Gordon, • BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval. The above motion was approved with Mr. Williams, Mr. Gordon, Mr. Madigan voting AYE; Mr. Brumback voting NAY; with Mr DeHaven and Mr. Venskoske ABSTAINING. 4. Stonebrook Farms, Section III - Contains 15 lots. Has Health and Highway Department Approvals. Mr. Tom Glass appeared before the Commission and stated that there would tentatively be between 200 -227 lots in all. Upon motion made by Frank Brumback, seconded by Richard Madigan and unanimously approved, CONDITIONAL USE PERMITS BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval • of this subdivision. CONDITIONAL USE PERMITS -12- t� 1. Leisure Village Mobile Home Park - located on the 40 north side of Route 655 and bounded by the Opequon Creek, in Shawnee District. Proposed 650 to 700 units on 162 acres, with 67 acres for open space and recreation. Estimated density: 4.3 per acre. Mr. Rocky Yost appeared before the Commission with Mr. L. Weidlein and presented the proposed park to the Commission. Mr. Yost stated that the park would be buffered on all sides with a very thick woods. He added that it would be an 8 to 10 year project. A lengthy discussion followed on the impact the proposed park would have on the county. 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 approval. The above motion was approved by the following vote: Mr. DeHaven, AYE; Mr. Venskoske, AYE; and Mr. Williams, AYE; with Mr. Gordon and Mr. Brumback ABSTAINING. 2. Allied Wood Products - To construct a 10,800 square foot building to store lumber. Located on the east side of Route 11 North, about 1/8 mile north of intersection with route 761, in Stonewall Magisterial District. Mr. Berg explained the proposed building to the Commis- sion. t No one appeared in opposition. • Upon motion made by Manuel DeHaven, seconded by Langdon Gordon and approved unanimously, ' -13- BE IT RESOLVED, That the Planning Commission for the • County of Frederick, Virginia, does hereby recommend approval. 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, Y " H. Ronald Berg, Secretaoffy • lui � f i