Loading...
PC_08-01-74_Meeting_Minutesl� 0 MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, August 1, 1974 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Manuel DeHaven; Maurice Perry; Richard Madigan; Langdon Gordon; R. Wesley Williams; J. William Riley,Ill; and Ronald Berg, and James Golladay. CALL TO ORDER The Chairman called the Meeting to Order and announced that the first order of business was the Work Session. '® APPROVAL OF MINUTES The Chairman stated that the first item was the approval of the Minutes of May 9, 1974 and May 16, 1974. The Chairman asked if there were any additions and /or correc- tions. Upon hearing none, the Chairman stated that the Minutes were approved as written. M -1 ZONING DISTRICT The Chairman asked Mr. Madigan what the feeling of the Board of Supervisors was concerning the proposed M -1 district changes. Mr. Madigan stated that the problem was the 100 foot buffer zone for buildings being erected next to an agricultural or resi- dential zone. Mr. Madigan stated that it was brought up at the meeting of the Board that there should be a new or another category in the 0 ordinance to take care of the people surrounded by M -1 zoning. A short discussion followed between the Members. It was decided that the best solution might be the adding of more categories to the "M" districts. Mr. Madigan stated that it might be a good idea to do this with the whole ordinance. He added that definite guidelines should be written on which base decisions made on Conditional Use:Permits. Upon motion made by Richard Madigan and seconded by James Golladay, BE IT ROSOLVED, That the Planning Commission of Frederick County does hereby recommend that the M -1 zoning district (Pro- posed) be unchanged until such time that the "M" Districts are revised to the Board of Supervisors. The above motion was passed unanimously by roll call vote. O RECOMMENDED ADDITIONS B -2 CATEGORY Mr. Berg stated that Mr. Dennis T*. Cole had suggested that auctions and business warehouses be added to the B -2 zoning district. Mr. Golladay stated that some types should be in B -2 but that not all should be allowed. Following a short discussion, it was decided by the Members that this matter would be taken up in a work session at a later time. BUTLER DRIVE Mr. Berg stated that the Winchester Citizens Association f1 0 presented a map with the proposed alternates for Butler Drive. He.stated that the Association had recommended Alternate #6 which he showed to the Commission. Page 2 Mr. Golladay stated that he had given the matter considerable ob thought and since it was directly a City and State Highway Depart- ment proposition that the county should stay out of it until such time that they are asked to become involved. Upon motion made by Richard Madigan and seconded by M. W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors to defer taking any action on this until it is first reviewed by the Winchester City Council and referred to us by them. The above motion was unanimously passed by roll call vote. HISTORIC ZONES The Chairman stated that the historic zones should not only be included in the Land Use Plan, but that the Board should also O request that Frederick County be incorporated into the legisla- tion. Mr. K. Williams stated that Mr. Ben Belchic had suggested a number of people to serve on a committee for preservation of historical sites in the County. Mr. Williams stated that the committee would have to be appointed by the Board of Supervisors. The Chairman stated that he felt the Commission should request the Board to petition the State Legislature next January to have Frederick County include in the enabling legislation. He added that if this was agreeable, that a committee should be appointed which would report to the Commission. Upon motion made by Langdon Gordon and seconded by James Golladay, i® BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors that this enabling legislation for our county be requested. The above motion was passed unanimously by roll call vote. Page 3 � P U B L I C H E A R I N G AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 3.6258 ACRES, MORE OR LESS, OF DAVID R. AND MARGARET V. SOPER, LOCATED ON THE SOUTH SIDE OF ROUTE 50 WEST, APPROXIMATELY 3/10 MILES WEST OF INTERSECTION WITH ROUTE 654, IN BACK CREEK MAGISTERIAL DISTRICT: FROM AGRICULTURAL, GENERAL (A -2) TO BUSINESS, LIMITED (B -1). NO RECOMMENDATION Mr. R. Berg showed the exact location of the property to the Members. No one appeared in favor or in opposition to the rezoning. EXECUTIVE SESSION Upon motion made by Richard Madigan and seconded by James Golladay, ® BE IT RESOLVED, That the Planning Commission of Frederick County does hereby move into Executive Session to discuss a personnell problem. The above motion was unanimously approved. EXECUTIVE SESSION ADJOURNMENT Upon motion made by Richard Madigan, seconded by Elmer Venskoske and unanimously approved, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby move out of Executive Session. REGULAR SESSION Upon motion made by Richard Madigan, seconded by Elmer Venskoske and passed unanimously, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby return to Regular Session. RECOMMENDATION PAGE 4 Upon motion made by James Golladay and seconded by Richard ® Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby pass this rezoning request onto the Board of Supervisors without a recommendation from the Planning Commission. The above motion was unanimously approved by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 203.790 ACRES, MORE OR LESS, OF JOSEPH 0. AND CHRISTINE P. HUTCHINSON, LOCATED EAST OF ROUTE 522 SOUTH, FRONTING APPROXIMATELY 2000 FEET ON ROUTE 643 AND 550 FEET ON ROUTE 646, AND BOUNDED BY WRIGHTS RUN, IN SHAWNEE MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED,(R -2). RECOMMENDED DENIAL Mr. Berg showed the exact location of the property to the Members. Mr. Richard Gerber and Mr. Joseph 0. Hutchison appeared ® before the Commission. Mr. Madigan asked if a soils evaluation had been taken. Mr., Gerber stated that only preliminary evaluations have been done. Mr. R. Williams stated that the area consisted of shale soil. Mr. Hutchinson stated that the soil would perc, but that nothing could be done until the land was platted. Mr. R. Williams stated that shale soil had a water table pro- blem in which the soil would not absorb water during a wet period. He added that the entire area should be evaluated before any action is taken. Mr. K. Williams asked if the 156 proposed dwellings would justify a tertiary treatment plant. ® Mr. - 'R. Williams stated that it would. Mr. Gerber stated that it may be five (5) years before the Page 5 development was completed. O OPPOSITION Mr. Lewis F. Franklin appeared before the Commission and stated his views in opposition to the application. He stated that he was an adjacent property owner and added that his property was in Clarke County. Mr. Franklin stated that any disturbance of the land would affect Wrights Run. He added that he was worried about police and fire protection. He further stated that he felt the lots were not adequate and that the land should remain agricultural. Mrs- Walter Claus appeared before the Commission and stated that there was a problem with water and that additional drain- fields would add to the water table problem. DENIAL Upon motion made by Richard Madigan and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this rezoning from A -2 to R -2 to the Board of Supervisors. The above motion was unanimously passed by roll call vote AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 27 ACRES, MORE OR LESS, OF CLEARBROOK INDUSTRIAL PARK, INC., LOCATED AT CLEAR BROOK, VIRGINIA FRONTING APPROXIMATELY 214 FEET ON ROUTE 11 AND 627 FEET ON ROUTE 672, AND BOUNDED BY THE PENNSYLVANIA RAILROAD, IN STONEWALL MAGISTERIAL DIS- TRICT; FROM INDUSTRIAL, LIMITED (M -1) TO INDUSTRIAL, GENERAL (M -2). WITHDRAWN ® Page 6 l Mr. R. Berg showed the exact location of the property to ® the Members. Mr. J. Randolph Larrick appeared before the Commission representing the application. He stated that a Veneer Plant was being proposed and explained the operations to the Members. He added that the plant would employ 65 -70 people with a maximum of 80 people. Mr. Larrick further stated that the operations would be entirely within the existing facilities. Following a lengthy discussion in which various citizens came forward to oppose the M -2 zoning category with emphasis that they did not object to the plant being in the existing M -1 district, the following motion was made: Upon motion'made by Manuel DeHaven and seconded by Richard ® Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this rezoning from M -1 to M -2 to the Board of Supervisors. The above motion was defeated by the following votes: Mr. Gordon, Abstained; Mr. DeHaven, AYE; Mr. Golladay, Abstained; Mr. Venskoske, Abstained; Mr. Madigan, Abstained; Mr. Perry, AYE; Mr. K. Williams, NAY. Upon motion made by Richard Madigan and seconded by Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this rezoning from M -1 to M -2 but permit this use under the M -1 District under Section 12 -1 -6 with the condition that they will provide their own waste disposal system. The above motion was unanimously passed by roll call vote. ® Following the motion, the application was duly withdrawn. S I T E P L A N Page 7 SPECTRUM PROPERTIES A The Secretary read the application of Spectrum Properties, Inc., requesting approval of a Site Plan and Conditional Use Permit for Waste Reduction to construct a refuse recycling operation on Route 50 East. Mr. Bill Riley, Zoning Administrator, stated that all area regulations, setback, side, etc. complied with the Zoning Ordinance. Mr. Berg stated that the roads were to Highway Department specifications. Mr. Doug Toan appeared before the Commission and stated that the Health Department had approved the land for septic system. Upon motion made by James Golladay and seconded by Langdon Gordon, A BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this Site Plan and Con- ditional Use Permit to the Board of Supervisors with the following conditions: 1. There shall be no dumping or open stockpiling of applicances, machinery, equipment or junk or disabled motor vehicles of any type. 2. There shall be no dumping or open accumulation of trash, garbage or other waste materials. 3. No nuisance shall be permitted nor maintained on said property. The above motion was passed unanimously by roll call vote. JAMES R. WILKINS, INC. The Chairman read a letter from Mr. James R. Wilkins request- ing that the Commission consider amending the resolution recommended to the Board of Supervisors stating no new building permits be ® issued in subdivisions where previous approval had been given to hook into the City's Sewage Treatment Plant. Mr. Wilkins made this request so that the Commission and Board might give some Page 8 relief to developers and builders. 13y The matter was taken under consideration by the Commission. ADJOURNMENT Upon motion made by James Golladay, seconded by Elmer Venskoske and unanimously approved, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby adjourn its Meeting. Respectfully submitted, f "/ol I e H. Ronald Berg, Secretary liams, Chairman