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PC_01-03-74_Meeting_Minutespr MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room, January 3, 1974 PRESENT: James W. Golladay, Chairman; Keith Williams; C. Langdon Gordon; Manuel C. DeHaven; Richard F. Madigan; Maurice W. Perry; Elmer Venskoske; J. 0. Renalds, III; H. Ronald Berg; J. William Riley, III; and Clinton Ritter, Jr.' ABSENT : R. Wesley Williams. WORK SESSION The Chairman announced that—the first order of business was the Work Session to discuss the Land Use Plan. • Mr. Berg, Secretary to the Commission, came forward to explain what he planned to do with the Land Use Plan. Mr. Berg stated that he would be sending out a question- naire to the residents of Frederick County to get their reactions about what they like about the County and what they don't like, what they think should be changed, what they consider are the County's biggest problems, etc. After this questionnaire has been returned, the County will hold evening meetings in each Magisterial District with one Supervisor and one Planning Commission Member and also some- one from the extension division who would volunteer their services. After the separate meetings, there will be another meeting with the same people combined in the hope of getting as much information as possible compiled together to help the people of the County. Mr. Golladay asked if these meetings in each District would be advertised. Mr. Berg stated that they would be advertised through the news media and that the County would have some radio coverage. Mr. Golladay stated that since the Opequon District was the Southern most district, that the County should advertise in the Northern Virginia Daily as well as the Winchester Evening Star. • Mr. Madigan stated that he would also like Back Creek District advertised the same way. L I I M ,,► • Mr. K. Williams asked Mr. Berg in what form the Land Use Plan would be finally presented. Mr. Berg stated that it was usually in the form of a map. But, he added, it could also be a small plan. Mr. Berg further stated that he would just have to wait and see how hard it will be to come up with a map since the County was a mixture of rural and urban areas. B -1 to B -2 Mr. Berg brought up the question of changing B -1 zoning to B -2 at the intersection of Route 50 and 522. He suggested that he draw the boundary lines so that it would be the land West of 50 and North of 522 only. Mr. Berg added that the reason for this was that the Holiday Inn and the new Econo- Travel Motels are now nonconforming uses. He further added that there was a prospective buyer for the land behind the Ramada Inn. Mr. Berg stated that the uses there now were B -2 uses, but the land is zoned B -1. Mr. Berg stated that the Lowe's Store, the Zayre Store and the new Dart Drug along with Town and Country were all conforming uses as a B -1. He added that maybe.it would be good to leave it as B -1. • Mr. K. Williams asked how far.the B -2 would extend. Mr. Berg stated that it would extend down to Buflick Road. A short discussion followed in which Mr. Berg pointed out the location to the Planning Commission on the map. DIVISION OF LAND ORDINANCE Mr. Berg stated that copies of the proposed ordinance had been sent to allthe surveyors in the area and that the County had requested their comments. He added that these comments had been incorporated into the ordinance. Mr. K. Williams stated that there seemed to be an over- lapping of what was in the Division of Land Ordinance and what was already in the Zoning Ordinance passed in November. Mr. Berg stated that this overlapping was done to strengthen both ordinances. Mr. K. Williams stated that there seemed to be ambiguaties in the section on Mobile Homes, on lot size, and space of trailer, etc. Mr. Berg stated that there were two (2) lot sizes specified. He added that one was for the actual lot and one for the stand that Page 2 f t ® the trailer would be parked on. They are as follows: 70' x 24' for 10,000 square and sewer 30,000 square or sewer, 40,000 square are avail ENDS the Stand feet for lots with public water feet for lots with public water but not both feet where no public water facilities able Mr. Berg stated that the new section on the reservation of land for public purposes was much stronger then in the Old Ordinance. He added that the actual specifications had been incorporated by the National Recreation and Park Association Recommendations. There are specific standards that are being used. He added that a straight dedication of land in residential areas was .015 acres per person. In R -4 there was less land being dedicated and in R -5 there was even less because these areas are providing some recreation land. It was decided that a Joint Public Hearing between the Board of Supervisors and the Planning Commission would be held on February 13, 1974. The Planning Commission Members all agreed to this Public Hearing. ' ® REGULAR SESSION Upon motion made by Richard F. Madigan and seconded by Keith Williams, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby close Work Session and moves into Regular Session. The above motion was unanimously passed. S U B D I V I S I O N S WAKELAND MANOR, SECTION E - FINAL PLAT RECOMMENDED APPROVAL This Plat was submitted under the Old Zoning Ordinance, so that the lot size and specifications are to the Old Ordinance. Mr. Berg stated that the only problem with this subdivision was.the Drainage Easement not fitting Lot 88 and that it would have to be rerouted along the rear lot line. • The signatures of the Health and Highway Departments have not been secured, but they are forthcoming. The impact fees have been agreed upon. Page 3 I A i • Upon motion made by Richard F. Madigan and seconded by Maurice W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of Section E of Wakeland Manor Subdivision subject to the proper signatures to the Board of Super- visors. The above motion was unanimously passed. CABANISS SUBDIVISION - FINAL PLAT RECOMMENDED APPROVAL This subdivision is located.on Route 619 and is under the requirements of the Old Zoning Ordinance. The lots conform to the Old Ordinance due to a Staff error. The Health Department has preliminarily approved it; but the signatures of both the Health and the Highway Departments would have to be secured. .Upon motion made by Keith Williams and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick • County does hereby recommend approval to the Board of Supervisors this subdivision subject to the signatures of the Health and High- way Departments. The above motion was passed unanimously. SPACE, INC. RECOMMENDED DENIAL This subdivision is located on Route 625 with approximately 1.84 acres. The owner wishes to divide the parcel into two (2) lots of .93 and.91 acres. Mr. Berg stated that the lots were nonconforming to Lot Size and Frontage (had just under 100 feet of frontage). He added that a building permit could not be obtained for the two (2) lots. Upon motion made by Richard F. Madigan and seconded by Keith Williams, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this plat to the Board of • Supervisors. The above motion was unanimously passed. Page 4 PF • C. F. LAWRENCE LOTS RECOMMENDED DENIAL These lots.are a total of 2.42 acres. Mr. Lawrence would like to divide one (1) lot into 2.3 acres leaving .39 acres (a parcel). The lots are located on Route 729 in Stonewall Magisterial District. A short discussion followed in which Mr. Berg showed the Commission the location.of the property. Upon motion .made by Richard F. Madigan and seconded by Maurice W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this subdivision to the Board of Supervisors. The above motion was passed unanimously. P U B L I C HEARING AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ESTABLISH SECTION: • 13 -1 -23. REFUSE RECYCLING OPERATIONS APPROVAL Mr. Golladay stated that the purpose of this was to add Refuse Recycling Operations to the M -2 Zoning District, and that it was an amendment to the Zoning Ordinance. No one appeared in favor or opposition of the amendment. Upon motion made by Richard F. Madigan and seconded by Keith Williams, BE IT RESOLVED., That the Planning Commission of Frederick County does hereby recommend to include Article 13, Industrial, General (M -2), 13 -1 -23, Refuse Recycling Operations. The above motion was unanimously passed by roll call vote. AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REALIGN THE BOUNDARY OF FREY QUARRY ON MAPS #6 AND #10. • Maps. RECOMMENDED APPROVAL Mr. Berg showed the Commission the exact location on the Page 5 i �1_ 1 Ot • No one appeared in favor or in opposition before the Commission Upon motion -made by Richard F. Madigan and seconded by Manuel C. DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to amend the Zoning Ordinance to conform with Zonings Maps #6 and #10 to the Board of Supervisors. The above motion was unanimously passed by roll call vote. AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO CORRECT THE B -1 DESIGNATION TO B -2 AT ROUTE 50 AND 522 INTERSECTION. RECOMMENDED APPROVAL Mr. Berg stated that the boundary would extend down the North side of Route 50 to approximately where the new Trailer Bank (F&M) had been put in. It would then extend down to Smith's Transfer, (but not to include Smith's Transfer), then starting at their property line, it would extend down Route 522 to Buflick Road and extend to I -81. Upon motion made by Keith Williams and seconded by Richard F. Madigan, • BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to amend said described land from B -1 to B -2 along Routes _50 and 522 as illustrated on the accompanying map. The above motion was passed unanimously by roll call vote. AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 13.70 ACRES, MORE OR LESS, OF JOSEPH EDWARD CHESHIRE, ET UX, LOCATED ABOUT THREE AND ONE -HALF (3z) MILES EAST OF WINCHESTER ON THE NORTH SIDE OF ROUTE 50 EAST, IN SHAWNEE MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2) TO BUSINESS, GENERAL (B -2). TART PT) It is proposed that the property will be put to the following use: Displaying - selling - contracting Prebuilt, Precut Homes. It is proposed that the following buildings will be con- structed: • One (1) Office and three (3) Model Homes It is proposed that the following setbacks and offstreet parking provisions will be made: Page 6 PF • 40' setback from the highway with a state highway entrance. Mr. Golladay asked if Mr. Cheshire had complied to the New Zoning Ordinance by putting a sign on the property sought to be re- zoned stating the date of Public Hearing. Mr. Berg stated that no sign was found on the property. Mr. Golladay stated that due to the lack of the sign on the property, that the application be tabled. Upon motion made by Manuel C. DeHaven and seconded by Richard F. Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby table the application of Joseph Edward Cheshire until the next Regular Meeting. The above motion was unanimously passed by roll call vote. AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 9.0 ACRES, MORE OR LESS, OF LOUIS H. FOLTZ AND FRANCIS P. LAGES, LOCATED ON THE SOUTH SIDE OF ROUTE 50 EAST, BESIDE TOWN AND COUNTRY DEPARTMENT STORE, IN MAGISTERIAL DISTRICT; FROM • BUSINESS, LIMITED (B -1) TO INDUSTRIAL, GENERAL (M -2). RECOMMENDED DENIAL It is proposed that the property will be put to the following use: structed: At present: 1. Air Freight Truck Terminal 2. Valley Sanitation Refuse Disposal Service 3. Truck Repairs Unlimited - heavy duty maintenance garage. It is proposed that the following buildings will be con- Existing: 1. Air Freight Truck Terminal - 40'W x 60'L 2. Valley Sanitation Service Buildings - 40'W x 60'L 3. Truck Repairs Unlimited Building - 60'W x 120'L 4. Addition to Air Freight Truck Terminal - (proposed) 30'W x 100'L It is proposed that the following setbacks and offstreet parking provisions will be made: ® Existing parking facilities - North side Air Freight Terminal 30'W x 70'L South side Air Freight Terminal - 200'L x 100'W Page 7 • South side Truck Repairs Unlimited - 150'W x 200'L North side Truck Repairs Unlimited - 100'W x 200'L Mr. Foltz appeared before the Commission on his own behalf. He stated that he wanted this land rezoned for a Resource Recovery Plant. He added that the sign advertising rezoning had been up for three (3) weeks. Mr. James L. Smith, engineer for Mr. Foltz, appeared before the Commission and showed them the exact.location of the land to be rezoned. He stated that this would be an indoor operation. A short discussion followed in which Mr. Smith explained the recycling process to the Commission Members. Mr. Smith stated that Mr. Francis Lages owned the property South, East-and West of the nine acres requested for rezoning. He added that Mr. Lages had no objections. Mr. Golladay asked how the refuse would be disposed of. Mr. Smith stated that after the refuse was compacted into a transfer trailer, that it would then be taken to the nearby land- fill. Mr. Golladay asked where the raw materials would be stored. • Mr. Smith answered that the raw materials would all be stored indoors. Mr. Madigan asked about the possible odor. Mr. Smith stated that if the debris were left standing, then it would create an odor. He added that there was no intention of letting the debris stand. Mr. Smith further stated that after the rubbish was pulvarized, then there would be no odor. Mr. K. Williams asked what types of refuse would be handled. Mr. Smith stated that it would be primarily from Valley Sanitation. He added that it would be the average solid waste from the home and that there would be no liquids. Mr. Golladay asked about the traffic. Mr. Smith stated that he anticipated approximately 10 or 11 trucks in the morning. He added that the feasibility study figured about 25 trucks. Mr. Foltz appeared before the Commission again to state that at present he now has long -term contracts (about 5 years) for • all corregated cardboard, newspaper, and mixed paper that he could produce. He added that he had a long -term contract with a glass manufacturer; and also a long -term contract for all the metal that could be recycled. Page 8 FV 0 water. Mr. K. Williams asked what would be done with the waste- Mr. Foltz stated that there would be no wastewater except from the restrooms. Mr. Joe Post, from the Hyle Company in Wisconsin, appeared before the Commission to explain Mr. Foltz's proposed operation more fully. Mr. Post showed the Commission some films and pictures to elaborate more fully following a short discussion of the plant's operations. Mr. Madigan asked about old tires. Mr. Post stated that the machine would occasionally take old tires, but that it would not be a routine practice. Mr. Foltz stated that at this time they do have a machine that will dispose of tires, but that it was not hooked up due to improper zoning. OPPOSITION Mr. Shirley Carter appeared before the Commission. He • stated that he was representing the people who were in opposition of the proposed rezoning. Mr. Carter stated that his main reason for objecting was due to the items that had been dumped or were being dumped on the property. He added that some of the items being dumped were: 1. Apples 2. Stack of tires laying in the field 3. Paper was blowing onto adjoining properties 4. Chemicals being dumped was causing an odor 5. Tin cans are laying all over the ground Mr. Carter further stated that he was worried about the sanitation aspects, such as the possibility of rats, mice, etc. Mr. Carter stated that the residents felt that this type of business did not blend in with the area. He added that this was the wrong place to put this type of business. DONALD JOHNSON Mr. Johnson appeared before the Commission to express his views. ® Mr. Johnson stated that he was opposing the request for re- zoning on the basis that Mr. Foltz was asking for an industrial type zoning in an area that was mostly business and residential. He added that he was against spot zoning. Page 9 pr G , • ROBERT T. MITCHELL Mr. Mitchell, counsel for Mr. Foltz, appeared before the Commission in rebuttal of the complaints stated. Mr. Mitchell stated that the area being rezoned was not the area in which all the "trash" was located. He added that with the trash being located here, that it should indicate the need for the type of business proposed. Mr. Madigan stated that he felt that it was a business that the County did need, but that it was not compatable and that it was in the wrong location. He added that this was spot zoning and that a better location was needed. Upon motion made by Richard F.. Madigan and seconded by Keith Williams, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors that this application be denied for rezoning to M -2. The above motion was passed with Mr. Williams, Mr. Madigan, Mr. Gordon, Mr. DeHaven and Mr. Venskoske voting in favor of the motion, with Mr. Perry abstaining. • POE CONDITIONAL_USE PERMIT RECOMMENDED DENIAL Mr. Poe appeared before the Commission on his own behalf. He submitted a petition of agreement from several disinterested persons who signed in favor of the application. Mr. Poe also submitted a petition from the residents of Ward Avenue and surrounding property owners, who signed in favor of the campground. Mr. Poe reread a portion of the letter from the County dated September 19, 1973. He stated that he also had another letter from the Commonwealth of Virginia approving the campground. Mr. Poe further stated that he had.Health Department approval. Mr. Poe read the rules and regulations he proposes to abide by. Mr.. K. Williams asked how many occupants the present plans for the sewage treatment plant was designed to handle (on a daily basis). Mr..Poe stated that 360 persons for one septic system. He added that the total capacity per person per day would be 200 gallons. • Mr. Robert Mitchell appeared in opposition to the application. He introduce Mr. Rosser Payne, a consultant, to the Members. Page 10 pr Mr. Payne explained to the Commission his views.on the pro- posed project and its feasibility to the County and its residents. In.summary, Mr. Payne stated that in all fairness to the property owners and the campground campers, that it would be wise to look into this proposed campground some more; that there were a lot of questions which should be answered. Mr. Poe stated in rebuttal.that he did.not plan to have any permanent residents; that he does not plan to be open in the winter; and that the property for the campground was not adjoining any property owners in opposition due to Route 37 By -pass. He added that he just wanted to make money. Mr. Thomas Monahan, associate to Mr. Mitchell, stated that Mr. Poe was applying for a travel trailer campground. He presented his case to the Commission in which a lengthy discussion followed. Mr. Monahan kept reitterating Mr. Payne's views on the feasibility of the campground. Mr. Don Mathias, appearing in- opposition, stated that he had bought his house which was located in Merriman's Estates because of the view. He added that he did not want to see trailers, fires, etc. out of the back of his house. In short, Mr. Mathias objects to the location of the trailer camp. ® Mrs. Thelma Clore appeared before the Commission and expressed her views in opposition to the proposed campground. Mr. Warren Booker appeared before the Commission to state his views in favor of the application. He added that he lived right next door to the proposed campground. Mr. Poe stated in rebuttle that he had submitted to the State a complete set of plans. He added that his campsites would be in excess of what the State required. Upon motion made by Richard F. Madigan and seconded by Keith Williams, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors that the application be denied to protect the residents of the County from harmful results of haphazard and ill- advised growth patterns, and because a campground is not compatable with a residential subdivision. The above motion was passed with Mr. Venskoske, Mr. Gordon, Mr. DeHaven, Mr. Williams and Mr. Madigan all voting in favor,with Mr. Perry abstaining. ® SWIMLEY CONDITIONAL USE PERMIT RECOMMENDED APPROVAL Page 11 F • Mr. Swimley now has two (2) trailers and is requesting six (6) additional spaces for his trailer court. Mr. Golladay asked if Mr. Swimley has to conform to the New Trailer Ordinance. Mr. Riley stated that he had to. Mr. Riley added that Mr. Swimley had received health approval. Upon motion made by Keith Williams and seconded by Manuel C. DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this application to the Board of Supervisors. The above motion was unanimously passed by roll call vote. ADJOURNMENT Upon motion made by Keith Williams,and seconded by Manuel C. DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick ® County does hereby move to adjourn the meeting. The above motion was passed unanimously. Respectfully submitted, H. Ronald Berg, Secretary James W. Golladay, Sr. Chairman r 1