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PC_08-20-75_Meeting_Minutespr • PLANNING COMMISSION MEETING August 20, 1975 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Manuel DeHaven; C. Langdon Gordon; Richard Madigan; Frank Brumback; J.O. Renalds, III; Lawrence R. Ainbrogi; H. Ronald Berg ABSENT: James W. Golladay The Chairman called the meeting to order and announced that the first order of business was the approval of the Minutes of the Special Meeting with School Board of July 30, 1975. The Chairman asked if there were any corrections and /or addi- tions to the Minutes. ® Upon motion made by Elmer Venskoske, seconded by Frank Brumback and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the Minutes as written. LAND USE PLAN To Be Continued The next order of business was to discuss the Land Use Plan. The Chairman stated that there had been a petition previously pre- sented to the Commission. He asked if there were any comments for or against the petition. He also mentioned a letter of August 20, 1975 from Bob Mitchell to the Commission (to the attention of Ron Berg). He stated that this letter is from Attorneys at Law (firm) Hall, Monahan, Engle, Mahan and Mitchell. (See Page 2 for letter 0 context.) i Ira ':This will confirm our telephone conversation of Tuesday with • respect to the proposed Land Use Plan and the work session of the Planning Commission scheduled for Wednesday, August 20. Our firm is representing several of the landowners of property located adjacent to and west of Route 37. We have previously submitted to the Commission a signed petition and two letters regarding the classification of this land under the proposed Land Use Plan. It is my understanding that copies of the petition and letters will be made and distributed to members of the Com- mission. We are in the process of obtaining and putting together certain information which we would like to have the opportunity to present to the Commission before a final draft of the Plan is acted upon by the Commission, and before the public hearing on the Plan is scheduled. Accordingly, we would appreciate your submitting this letter to the Commission as our request for an. opportunity to appear and make a presentation on the issue of the classification of the land west of Route 37 in the Land Use Plan. SIGNED: Robert T. Mitchell, Jr." (See last paragraph, Page 1) • Mr. Richard Madigan stated that the recent Virginia Supreme Court decision on land use planning and asked that the Commonwealth Attorney make copies available to the members as soon as he can obtain it. He stated that he felt the detailed information would be more valuable in determining the far - reaching effects than the condensed versions he has read so far. Mr. Butch Robinson appeared before the Commission to show the members property locations on the map of the petition signatures. The Chairman spoke in terms of watershed when he mentioned that tubes have been placed beneath Route 37 and proposed Route 37. He asked to which watershed and sewer treatment facilities were each of these intended to the best of Mr. Robinson's knowledge. • i -3- Mr. Robinson answered this question by showing locations on the map. Mr. Hugh Dishinger (Murry and Disinger,. land surveyors) appeared before the Commission and showed the members the location of the property of the petition signees. Mr. Robinson stated that the land in question was mostly orchards and that it will be a while before his surveyor could get all the information of which he wants benefit. The Chairman stated that the Board needs to know if this land is agricultural, industrial or residential in re to usage. Mr. Robinson stated that he did not want the land in question • to be agricultural. Mr. Madigan stated that this land has previously been horticul- tural with success for apple producing. The Chairman asked Mr. Robinson to comment in re to land use taxes -- whether punitive appraisals or not. Mr. Robinson stated that farming the land is not financially feasible if one wants to make a profit because the costs are high, not the taxes. Commission members and Mr. Robinson discussed profit relativity. • or -4- The Chairman stated that the Petition infers the old tax basis • has little or no bearing from an_,..orchardist's point of view. He continued that there is nothing in ,the LUP or ordinance that suggests this land cannot be developed at a future date if proven mandatory, necessary or for the good of the community. He said it only en- courages it to remain agricultural. The Chairman stated that the area by Opequon Creek and Jordan Spring is transitional according to studies conducted from the Sanitation Authority through the State which represents common water shed that will be furnished by a regional plat Mr. Robinson said that members are dealing with technical, tax - paying, solid citizens who have contributed greatly to the roads, etc. -- then say you don't value their opinions and good ® judgment. The Chairman stated that the white area on the map is designated as land that can be developed, etc. and the green area is land that is highly feasible for water and sewer. He said that by the year 1990 the green area can support itself. Mr. Robinson stated that every time people are pushed east of Winchester they are closer to the Washington Metropolitan Area and revenue is lost from shopping centers, etc. Mr. Madigan stated that sooner or later the land west of Route 37 is destined to develop and that the members should methodically plan for it with indepth studies to accomplish something of which • this community can be proud of. i -5- Mr. Robinson suggested that Winchester's apple crop may not • be significant in this issue. The Chairman showed the "Prime Agricultural Land" in Frederick County on the map to Mr. Robinson and mentioned that Commission is only asking that due consideration be given when development plan- ning is done. He said that a high percentage of this land is productive. John Pickeral stated that long -range planning is necessary with services in mind such as water, sewer and access highways, etc. He mentioned that he does not want any more land to be development land. The Chairman stated that the Commission will consider the com- ments of today on the overall review of the LUP. r1 U Mr. Robinson asked what the Commission is going to do on Bob Mitchell's request. The Chairman stated that the Commission will give ample oppor- tunity for opinions to be presented at a public hearing along with other issues to be considered. NO VOTE TAKEN -- SUBJECT OF LUP TO BE CONTINUED AT NEXT MEETING. SPECIAL MEETING Minutes Reviewed The Chairman asked the Commission to list any comments from the Special Meeting that should be forwarded to the School Board. Ronald Berg stated that the Minutes from the meetings (both • Special and Joint) had not yet been forwarded to the School Board, but that they will be. U F THE COMMENTS ARE AS FOLLOWS: • (1) Cost of land is really incidental. (2) Frederick County Sanitation Authority should review probable cost of each site investigated and /or plan for probable cost and feasibility of utility extensions (Commission would appreciate). (3) There are not alternate sites proposed that could be considered. (4) Should the school not be considered around the growth center rather than the physical center of the County? (5) There will be development impact no matter where the school is located. • (6) The site should be no less than 50 acres. (7) Consideration of sites where water and sewer facilities are available or will be available at a later date. (8) How important is the 10- minute transportation time between schools? The Chairman pointed out that the Dowell J. Howard School is more than 10 minutes away from James Wood and it seems to be work- ing smoothly -- the majority of these students are in the upper grades which the new school will house. The Chairman stated that the letter is to be addressed to the School Board Chairman; with carbon copies being sent to each of the • following: Dr. Melton Wright, Superintendent of Schools; Board'of Supervisors; Planning Commission; County Administrator. NO VOTE TAKEN -- COMMISSION CONTINUED TO NEXT ITEM ON AGENDA. F -7- THE PICTURE SHOPPE. • Postponed LETTER FROM THE PICTURE SHOPPE of July 22, 1975: "On May 1970 you issued us a permit to construct a building 2052 on our four acre lot, on Senseney Road, for our picture framing business and also as a home. Since that time our business has grown and we wish to expand.' We have acquired a large collection of props and costumes that were used in motion pictures. We would like to tie these in with our picture framing business. We would like to have permission to build an additional building approximately 30X50 as a Movie Museum on this same lot. We would like to use this building to display our collection of movie items. Also, we are now negotiating with Metro - Goldwyn -Mayer Studios in Culver City, California for portions of some of their famous outdoor sets used in motion pictures. In the near future we would like to reconstruct about six of these sets, which are false fronts, on our lot with the Museum Building. A replica. - ront of 'Tara', the home used in Gone With The Wind would be the front of our Museum building. Some of the other sets we would like to construct are: Andy Hardy's house, Judy Garland's railroad depot from Meet Me In St. Louis, The Three Musketeer court- yard set, a set from Singin' In The Rain, and Esther Williams swimming pool (which we plan to turn into a fountain). Our museum would be dedicated to family entertainment. Your consideration on this matter will be greatly appreciated. Thank you." SIGNED: William H. Madigan Mr. Berg stated that The Picture Shoppe is located just past Greenwood Heights. Langdon Gordon asked what the present zoning is. Ronald Berg stated that the present zoning is A =2. Frank Brumback stated that he would like to have a sketch or drawing of the proposed "props" Ronald Berg suggested consideration necessary as to whether • a museum and public display belong in the Senseny Road area. He asked the Commission what zoning classification would suit this request. 13 — n XT A F Ronald Berg stated his opinion that a policy decision was nec- essary before proceeding further since the Commission is uncertain "what" is being proposed. Upon motion made by Langdon Gordon, seconded by Frank Brumback and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby postpone this request until we get more information from Mr. William H. Madigan. Information to include a drawing of scaled models reflecting the total overall project -- Master Plan. SOUTH VIEW SUBDIVISION (Preliminary Plat) Four (4) Lots Rejected by Health Department Recommended Denial • Ronald Berg showed the Commission the plat. -He stated that this is a preliminary and unusual request. He said that the Health De- partment rejected Lot 18 and withheld Lots 11, 12 and 13 until central sewer system is installed (well located just off Route 522 south). He stated that the Developer requested that Commission recommend approval of everything withholding these four (4) lots until the water and sewer come through. He further stated that the issue is whether or not it is good policy and planning when lots will remain vacant a long time. The Chairman stated that as a matter of policy the Commission should not alter their usual procedure. Upon motion made by Manuel DeHaven, seconded by Frank Brumback • and unanimously approved by roll call vote, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend denial of this prelimi- nary plat. L '► I i ADJOURNMENT • Upon motion made by Frank Brumback, seconded by Langdon Gordon, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. Respectfully submitted, H. Ronald Berg, Secretary f I • Williams, Chairman • S� �f: