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PC_05-09-74_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room, May 9, 1974 PRESENT: Keith Williams, Chairman; James W. Golladay; Elmer Venskoske; C. Langdon Gordon; Maurice W. Perry; Manuel C. DeHaven; Richard F. Madigan; H. Ronald Berg; J. William Riley, III, and Clinton Ritter, Jr. ABSENT: R. Wesley Williams. CALL TO ORDER The Chairman called the Meeting to Order and announced that the first order of business was the Work Session. W O R K S E S S I O N REZONING APPLICATION FEE Mr. R. Berg stated that the Board of Supervisors had suggested that the application fee for a rezoning be changed from eighty dollars ($80), plus one dollar ($1) for each acre to one hundred dollars ($100), plus one dollar ($1) for each acre. Mr. Berg added that this change would be an amendment to the Zoning ordinance and that it would have to be advertised as such. Following a short discussion, the Planning Commission decided that the change of one hundred dollars ($100) per application, plus one dollar ($1) for each acre should be advertised for the next Regular Meeting of the • Planning Commission for recommendation to the Board of Supervisors. • LAND USE PLAN ADOPTION SCHEDULE Mr, R. Berg stated that the Public Hearing on the Land Use Plan has been scheduled to come before the Commission at their Regular Meeting on June 6, 1974 with the Board of Supervisors scheduled to adopt the Plan at their Regular Meeting on June 12, 1974. AMENDMENTS TO ZONING ORDINANCE The Commis ion had held a Work Session to discuss changes in the Zoning Ordinance on Sections 9 -4, 10 -4, 12 -2 -3, 13 -2 -2, and to add a new section in the M -2 District. The proposed amendments are to be advertised for the next Regular Meeting. Following a short discussion, the following • motion was made: Upon motion made by Manuel DeHaven and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend the following amendments to the Zoning Ordinance adopted November 1. 1973 to be advertised and heard at the next Regular Meeting: 1. Changes Sections 9 -4 and 10 -4 to read: "For permitted uses the minimum side and read yard adjoining or adjacent to a residence or agriculture district shall be twenty - five (25) feet." 2. Change Sections 12 -2 -3 and 13 -2 -2 to read: "Landscaping may be required within any established or required front setback, side or rear yard. The plans and execution must take into consideration traffic hazards." 3. Add Section 13 -1 -25 in the M -2 district to read: "Deisel and Industrial Vehicle Washing Facilities." Page 2 • The above motion was unanimously passed by roll call vote. NON - CONFORMING USES Mr. Berg stated that from time to time, since November of 1973, that some home owners and businesses in Frederick County have had difficulty in expanding their buildings due to improper zoning. He stated that the Non - Conforming Use Section of the Zoning Ordinance was too important to delete because it was important for most areas to be protected where a non- conforming use was involved. Mr. Berg summarized that by making all single - family homes buil before November 1, 1973 a permitted use in all "B" and "M" zones, that this would not permit new non - conforming uses to be built but would give relief to existing property owners. He added • that all retail and wholesale businesses built before November 1st should also be added as a permitted use in both "A" zones, Mr. J. W. Riley further suggested that the retail and whole- sale businesses should be added to both of the "M" zones as a permitted use. Following a short discussion between the members, the following motion was made: Upon motion made by Richard Madigan and seconded by James W. Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby defer recommending for approval these permitted uses in 11. "A",. "B ", and "M" zones until further studv has been made. The above motion was passed unanimously by roll, call vote, Page 3 • RESOLUTION REZONING APPLICATIONS In order to save time at every Regular Meeting by announcing the cut -off dates for Rezoning applications, Site Plans and Conditional Use Permits, the following motion was made: Upon motion made by Richard F. Madigan, seconded by Elmer Venskoske and passed unanimously by roll. call vote: BE IT RESOLVED, By the Planning Commission of Frederick County, Virginia, that all applications for Rezoning must be submitted not later than 3 :00 P.M. the second (2nd) Monday of every month; and. BE IT FURTHER RESOLVED, That all Site Plans and Applications for Conditional Use Permits must be submitted not later than 3:00 P.M. eight (8) days prior to a Regular Planning Commission Meeting. S U B D I V I S I O N S MANUEL - FINAL PLAT • RECOMMENDED DENIAL The Secretary stated that this subdivision was located at the intersection of Routes 625 and 633 in Opequon Magisterial District and contains eleven (11) lots in Section I. Mr. R. Berg stated that the Health Department, the Highway Department and the Recreation Department have all given their approval of the Final Plat for fiManuel Subdivision. Mr. Ken Kisner appeared before the Commission and stated that the Highway Department had approved the drainage. He added that it would take approximately 90 to 120 days to complete the subdivision. OPPOSITION Mr. John Pickeral appeared before the Commission in opposition • to the proposed Manuel Subdivision. He stated that the following two (2) points were his reasons for opposing the proposed subdivision: Page 4 1. The unadaptability of a subdivision in this area. 2. The Zoning ordinance itself discourages this sort of development in an agricultural area. Mr. Pickeral further stated that he was worried about the safety aspects concerning the children in the subdivision, since the subdivision would be bounded on two (2) sides by an orchard. He further stated that this area would be a bad environment for the people because of the chemicals that would be used on the orchards. Mr. Doualas Walker appeared before the Commission to state his views in opposition to the proposed subdivision. He stated that there was a difference between the statement of intent in the ordinance (Agricultural District) and the proposed subdivision. Mr. Alfred Snapp appeared and stated that he was in complete agree- ment with Mr, Walker and Mr, Pickerel, He added that the requirements that the EPA has put on fruit growers concerning chemicals to be used on orchards would greatly affect the surrounding area; mostly because the chemicals were bound to creep into the surrounding areas, which would in- clude the proposed subdivision. Mr. Henry Brumback appeared before the Commission and stated that there would be a problem because there were orchards adjoining the pro- posed subdivision and that the subdivision itself was once an orchard. He added that a housing development had not been anticipated. Mr. Brumback further added that the OSHA regulations were very stiff and that it may affect the home owners in the subdivision, Mr. Brumback continued that he was worried about the children roaming into the surrounding farm areas, • REBUTTLE Mr. Ken Kisner appeared before the Commission to rebut the statements Page 5 • made by the surrounding property owners. He stated that there were presently houses in the midst of orchards and also orchards that were surrounded by houses. He added that the subdivision would not deteriorate the area, but that it would enhance the area, Mr. Kisner elaborated on the tax base the subdivision would have on the County as opposed to just being a piece of property. He added that this subdivision would enable people now living in trailers in the area to afford the low-income housing he is proposing. Upon motion made by Richard F. Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this subdivision to the Board of Supervisors, A lengthy discussion followed in which the members of the Commis- 0 sion discussed the impact the proposed subdivision would have on the County. The above motion was passed with Mr. Golladay, Mr. Gordon, Mr. Venskoske and Mr. Madigan all voting AYE) with Mr. DeHaven voting NAY. P U B L I C HEARING WEBER "S NURSERY WITHDRAWN AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE THE PROPERTY ON WHICH IS LOCATED THE WEBER'S NURSERY, IN STONEWALL MAGISTERIAL DISTRICT;:FRONTING NORTH ROUTE 11 FOR 107 FEET AND LEE STREET 387 FEET AND CONSISTING OF 41,842.8 FEET; FROM RESIDENTIAL, LIMITED (R -1) TO AGRICULTURAL, GENERAL (A -2) Because of the incompleteness of the application, the following motion was made: Upon motion made by Manuel DeHaven and seconded by Langdon Gordon, • BE IT RESOLVED, That the Planning Commission of Frederick County does hereby withdraw this application for rezoning. The above motion was passed unanimously by roll call vote. Page 6 • LEE A PLACE RECOMMENDED APPROVAL AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 57.9414 ACRES, MORE OR LESS, OF LEE A PLACE, LOCATED NORTH OF ROUTE 7, BOUNDED BY BAKER - KNIGHT LANE EXTENDED AND INTERSTATE 81, IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL, GENERAL (M -2) AND RESIDENTIAL, LIMITED (R -2) TO BUSINESS, GENERAL (B -2). Mr. R. Berg read the application for rezoning to the Commission and stated that the rezoning being requested was for a Shopping Center which would be called Winchester Mall. Mr. Berg added that the proposed Mall would be of colonial design. Mr. Berg read a letter from Mr. Chiles of the Highway Department concerning the access road to the proposed shopping center. Mr. J. Sloan Kuykendall appeared before the Commission representing • Mr. Place in the application for rezoning. He stated that Mr. Place had an option with Mr. Scott Bair pending approval of this rezoning request, Mr. Scott S. Bair appeared before the Commission and stated what the proposed Mall would contain. He also described the exterior of the Mall and showed the Members an artist s concept of the completed Mall. Mr. Bair stated that there would be approximately 1000 employees working in the mall. He added that there would be no discount stores and that the merchandise would be of high quality. After a short discussion, the following motion was made: Upon motion made by Richard F. Madigan and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this parcel of land of approximately 60 acres from M -2 and R -2 to B -2 to the Board of Supervisors. The above motion was unanimously passed by roll call vote. Pace 7 • PAUL E. RHINEHART WITHDRAWN AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 7.7449 ACRES, MORE OR LESS, OF PAUL E. RHINEHART, JR., LOCATED AT THE INTERSECTION OF ROUTES 809 AND 817, BOUNDED BY THE WINCHESTER AND WESTERN RAILROAD, IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED(A -1) TO INDUSTRIAL, GENERAL (M -2), This application was tabled at the April 4, 1974 Regular Meeting of the Planning Commission pending, inclusion of additional acreage and a plat showing the additional acreage. Due to the incompleteness of the application, the request for rezoning was withdrawn by Mr. Rhinehart. S U B D I V I S I O N FREDERICKTOWNE - SECTION IA • RECOMMENDED APPROVAL The Secretary stated that this was a Final Plat and would con- tain six (6) lots, He stated that it has been approved by the High- way Department, the Health Department and the Recreation Department. Mr. Stephen Carnes appeared before the Commission and stated that the subdivision was an extension of Section I. Upon motion made by Richard F. Madigan and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this subdivision to the Board of Supervisors.. The above motion was passed unanimously by roll call vote. CONDITIONAL USE PERMITS • DEWEY GILLESPIE RECOMMENDED APPROVAL The Secretary read the application for a Conditional Use Permit Page 8 • for a Trailer Park which was tabled at the April 4, 1974 Meeting. Mr. R. Berg stated that a typical space for a trailer would be 5 feet wide and 100 feet apart. He stated that ten (10) lots and that at a time. He further drainage would be prov disposal would have to long with each trailer approximately 38 feet the Health Department had a ^proved the initial approval for the rest would be one (1) section added that all streets would be paved and that ided. Mr. Berg further stated that central trash be provided. Upon motion made by Manuel DeHaven and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this conditional use permit to the Board of Supervisors. The above motion was passed unanimously by roll call vote. • ROBERT H. BOYD RECOMMENDED APPROVAL The Secretary read the Conditional Use Permit to construct a Roller Skating Rink located on the North side of Route 7, Mr. Berg stated that the tract contains approximately 10.23 acres and is sit- uated behind Clarke- Chrysler Motors. Mr. Berg stated that there was a fO foot ri -of -way leading back to the ten acre tract. He stated that the Staff Comments were: 1. There was some difficulty in getting to the piece of property due to the fact that there is no cross -over on Route 7. 2. There were no provisions for security. Mr. Jim Duke appeared before the Commission in favor of the application. • Following a short discussion, the following motion was made: Upon motion made by Richard F. Madigan and seconded by Langdon Gordon, Page 9 • BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this Conditional Use Permit on con- dition that no alcohol is to be sold on the premises, that security guards are to be provided one (1) hour before opening and one (1) hour after closing, and that paved parking lots are to be provided. The above motion was passed unanimously by roll call vote. ADJOURNMENT Upon motion made by Elmer Venskoske and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby adjourn its meeting. The above motion was passed unanimously by roll call vote. Respectfully submitted, H. Ronald Berg, Secretary Keith *Williams, Chairman Page 10