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PC_09_05-74_Meeting_Minutes� 0 MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, September 5, 1974 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Langdon Gordon; Manuel DeHaven; James Golladay; Richard Madigan; Maurice Perry; R. Wesley Williams; Clinton Ritter, Jr.; J.O. Renalds, III; and Ronald Berg. CALL TO ORDER The Chairman called the Meeting to Order and announced ,® that the first order of business was a request from the Lord i Fairfax Planning District Commission. NURSING HOME The Chairman read the letter from the Lord Fairfax Planning District requesting Planning Commission recommendation to erect a nursing home on Route 652 about .3 mile west of Route 11. Mr..R. Berg showed the location of the proposed site to the Commission Members. He stated that a sewage treatment plant has been proposed for construction on the site of the nursing home. Mr. Berg added that the zoning of the area in question was R -3. A short discussion followed between the Members on the pro- posed sewage treatment plant. i® The Commission noted that the nursing home was a permitted use in the R -3 District with a Conditional Use Permit. J ZONING CHANGE REQUEST 13 The Chairman read the letter from Mr. Douglas 0. Grimm re- questing that his land be rezoned to Agricultural. Mr. Grim stated that his land is currently under three different zones: Industrial, Residential, and Agricultural. Mr. R. Berg stated that the problem could be taken care of after the Land Use Plan-was adopted. He added that there were other cases in the county that would also require amendment-to the Zoning Ordinance after the Plan was adopted. Following s short discussion among the Members, the Commission decided that this regiest would be taken care of when the Land Use Plan was adopted. I• THE COVE CAMPGROUND Mr. Berg stated that the Cove Campground would like to expand its facilities. However, this was not possible since the property is zoned. A -1 and campgrounds are not a permitted use in this district. Following a lengthy discussion in which numerous suggestions were made, it was decided by the members that before this matter could be taken care of, that a definition of "Campgrounds" would have to be studied. It was further decided that the matter would be discussed at the next work session of the Commission. WORK SESSION DATE After a short discussion, the Members decided to hold a !• Work Session on September 12, 1974 at 2:00 P.M. The Members I also decided to waive notice of such meeting. Page 2 • LANNY EUGENE SNYDER RECOMMENDED APPROVAL Mr. R. Berg showed the proposed warehouse on the site plan to the Members. He stated that the warehouse would be located on a five -acre tract of land off Caldwell Lane. Mr. Berg added that the Highway Department has approved the preliminary site plan but that the Health Department has not checked the land. 0 f3q Mr. Snyder stated that everything would be under cover with all the work being done on the inside. Mr. Golladay asked Mr. Snyder if he would be willing to plant some fast - growing trees, such as white pine, around the building so as not to detract from the adjacent residential area.. Mr. Snyder stated that he would be willing to put any trees, fences, etc., that the Commission would recommend. Upon motion made by James Golladay and seconded by Richard Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend that this Conditional Use Permit be granted to Mr. Snyder to build the warehouse for his trucks; and BE IT FURTHER RESOLVED, That the Planning Commission does hereby recommend that the warehouse is to be under cover and that the building be screened from the residential area by plantings of some type; and BE IT FURTHER RESOLVED, That the Planning Commission does hereby recommend that there will not be debris the outside of the building. The above motion was passed with Mr. DeHaven, Mr. Golladay, • Mr. Venskoske, Mr. Gordon, and Mr. Madigan voting AYE; with Mr. Perry abstaining. P U B L I C H E A R I N G S Page 3 '► AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE • ADOPTED NOVEMBER 1, 1973, TO REZONE 12.5 ACRES, MORE OR LESS, OF J. P. DARLINGTONyi LOCATED NORTHWEST OF GORDONDALE SUBDIVI- SION, SECTION 1; FRONTING THE WEST SIDE OF ROUTE 670 FOR 1,377 FEET WITH A DEPTH OF 350 FEET; BOUNDED BY THE WEST VIRGINIA .LINE TO THE NORTH; IN STONEWALL MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -1). Ww'saM11i The Secretary read the application to rezone 12.5 acres to build single - family residences. Mr. Berg showed the exact location of the property to the Members. He stated that the lots would be 40,000 square feet and would-have individual sewage systems. Mr. Berg added that there would be 120 feet of frontage on each lot. /3 Mr. J. P. Darlington appeared before the Commission and stated that all of Section II was not in Virginia, that approximately 22 lots • would be in West Virginia. He went on to explain that the remaining 78.5 acres would not be subdivided, but would be sold in 15 or 16 acre tracts. Mr. Darlington stated that what he had in mind was low- cost housing. A question was raised on the possible drainage problem in the area. Mr. Darlington stated that he knew that the residences in the area had a drainage problem. OPPOSITION Mr. Lucien Lefevre of Bunker Hill, West - Virginia appeared before the Commission in opposition to the proposed rezoning. • He stated that he was not opposed to building houses, but stated that he feels they should be put in properly. Page 4 PF pq Mr. Lefevre stated that he was interested in what Mr.Darling- • ton plans to do with property to the rear of the rezoning request. He added that there was located there now. Mr. tional houses, that the he was concerned about In summary, Mr. Lefevre remain open. already a drainage problem from the houses Lefevre further added that with the addi- drainage problem would be even greater and zow this would affect the wells in the area. stated that he would like to see the land Mr. Smith of Smithfield Farms in Clear Brook came forward and stated that the land in question was heavily sodded and would take care of the water problem, but not with houses located on it. He stated that he was concerned about the school situation. Mr. Smith stated that the nearest high school was thirteen (13) miles away • with the nearest grade school being seven (7) miles away. He wanted to know who was going to provide the busing of the children. Mr. Robert O'Connor appeared before_ =the Commission and stated that he was not against developments. He stated that the drainage from Section 1 now ends up in front of his driveway. He added that he would like the Commission Members to think about the drainage problem before making their decision. Upon motion made by Richard Madigan and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby defer action on the rezoning of this parcel of land until the next meeting. The above motion was passed unanimously by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED i• NOVEMBER 1, 1973 TO REZONE 2.00 ACRES, MORE OR LESS, OF DR. BYRON A. BRILL, LOCATED ON THE NORTH SIDE OF!PROUTE 735, BETWEEN ROUTE 11 j AND INTERSTATE 81; HAVING A FRONTAGE OF 456 FEET AND A DEPTH OF 211 FEET; IN OPEQUON MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO BUSINESS, LIMITED (B -1). Page 5 • RECOMMENDED APPROVAL Mr. R. Berg read the application to construct a Dental Office which would be a one story brick veneer building. He showed the exact location of the property to the Members. Dr. Brill appeared before the Commission and stated that the land across from the proposed rezoning belonged to his uncle, Dr. Powers. He added that he and Dr. Powers would be in business together. Dr. Brill stated that this two -acre tract is part of a nine -acre tract of land belonging to his mother and father. He added that he does have health approval to build his office. Dr. Brill further stated that there will be only one building on • the two -acre tract. No one appeared in opposition. Upon motion made by Richard Madigan and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend rezone this parcel of land con- sisting of 2 acres, more or less, of Dr. Byron A. Brill from A -2 to B -1. 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 55 ACRES, MORE OR LESS, OF LEON B. ZEIGER, LOCATED APPROXIMATELY 1/4 MILE SOUTH OF ROUTE 50,JUST WEST OF INTERSECTION WITH ROUTES 608 AND 616,AND FRONTS ON BOTH SIDES OF ROUTE 616; IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRI- CULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -1). RECOMMENDED APPROVAL Mr. R. Berg showed the exact location of the property in question to the Members. Mr. Ben Butler appeared before the Commission representing Page 6 Mr. Zeiger: He stated that this subdivision would be mainly FHA • type housing. Mr. Butler added that this location was ideal be- cause of the access to schools and Route 50. The Chairman asked what the history of septic tanks was in Sections 1 and 2 of Zeiger Subdivision. Mr. Zeiger stated that Section 1 has been approved and that Section 2 is not being developed at this time. He added that the Health Department has approved Section 3, subject to individual lot approval. He further added that there would be approximately 34 lots in Section 3. Mr. Butler stated that Mr. Zeiger was interested in getting the rezoning approved first, and then he would proceed with getting approval for the subdivision. . No one appeared in opposition. Upon motion made by Keith Williams and seconded by Richard Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to rezone the property of Mr. Zeiger contingent upon the soil scientist survey and /or Health Department approval. 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 2.562 ACRES, MORE OR LESS, OF LEON B. ZEIGER FRONTING ON THE SOUTH SIDE OF ROUTE 50 WEST, APPROXIMATELY 3/10 MILE FROM THE INTERSECTION WITH ROUTE 608; IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO BUSINESS, GENERAL (B -2). RECOMMENDED APPROVAL Mr.. R. Berg showed the exact location of the property to the Members. 0 Mr. Ben Butler appeared before the Commission representing Mr. Zeiger. Page 7 Mr. Butler stated that the land in question was located on • Route 50 West. A short discussion followed between the Members concerning the land's topography. Mr. Butler stated that the land had a shop located on it owned by Northwestern Construction Company which built roads, drive- ways, pavements, etc. He added that this shop was used to repair equipment. Mr. Madigan asked Mr. Zeiger what he plans to do with the building. Mr. Zeiger stated that he has no idea what he plans to use it for at the moment. He added that he has had numerous offers and that he has contacted the Highway Department and has gotten their • approval. Mr. Zeiger added that he may use it for storage or a warehouse which was its previous use. He further stated that the building was approximately 3,000 square feet, and about 15 feet in height. No one appeared in opposition. Upon motion made by Langdon Gordon and seconded by Richard Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this rezoning request from A -2 to B -2. The above motion was passed with Mr. Madigan, Mr. Gordon, Mr. DeHaven, and Mr. Perry voting..AYE; Mr. Venskoske, NAY; and Mr. Golladay abstaining. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED • NOVEMBER 1,!.1973 TO REZONE 158 ACRES, MORE OR LESS, OF MARVIN AND ELSIE L. SHEPPARD, FRONTING BOTH SIDES OF ROUTE 259, APPROXIMATELY 8/10 MILE SOUTH OF INTERSECTION WITH ROUTE 708; IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO RESIDEN- TIAL, LIMITED (R -2). Page 8 I • TABLED Mr. R. Berg showed the exact location of the property in question to the Members. Mr. Charles Kirkland and Mr. Marvin Sheppard appeared before the Commission in favor of the application. Mr. Sheppard stated that he plans to resubdivide the three (3) acre tracts of land. He added that he plans to have public water supply. Mr. Madigan asked if there was a Deed of Dedication drawn up for the original plat of Finger Lake Estates. Mr. Kirkland stated that at that time, three -acre lots were exempt from the Subdivision Ordinance and therefore a Deed of Dedi- cation was not needed. • Mr-. Clinton Ritter, attorney for the Commission, stated that if there was a Deed of Dedication drawn up for the original plat when it was recorded and some of the lots have been sold, then the people with the three -acre lots might have a vested interest. He stated that clarification needs to be made as to whether the plat was recorded with a Deed of Dedication or just the plat itself was recorded. Therefore, Mr. Ritter has recommended that the Commission table this application until the next meeting so that he may have time to look into the matter. Upon motion made by Richard Madigan and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby table this application until the next meeting. Ii The above motion was passed unanimously by roll call vote. CONDITIONAL USE PERMITS /SITE PLANS Page 9 • NATIONWIDE SERVICE CENTER TABLED Mr. R. Berg showed the proposed site plan to the Commission for Nationwide Service Center to be located on Route 50 East ad- jacent to Town and Country. He stated that there was no exit from the pumps, no cross -over at Route 50 and there will be no provisions made for one, and. -there is Health approval. Mr. Ben Butler appeared and stated that there would be a service station on the proposed site and was designed mainly for trucks. He added that this is a permitted use in this zone. Mr. Louis H. Foltz appeared a before the Commission and stated the site has been designed so that trucks may pull in to get gas • and then move forward to an open area so that a complete turn - around may be made. Mr. Foltz added that the building has been erected. Mr. Butler explained to the Members what exactly happened to the building permit Mr. Foltz applied for and why the building was constructed. He went on to explain that the operation would be a deisel fuel service station with minor repairs under cover. A question was raised on the 60' °Industrial right -of -way that is presently under construction. The Members were concerned with how an industrial right -of -way could be built in a Business Zone, Mr. J. 0. Renalds, III, County Administrator, explained the procedures for receiving approval to build an industrial right -of- way. OPPOSITION Mr. Shirley Carter appeared before the Commission in opposi- tion the proposed Site Plan. He stated that has been an adveriese- Page 10 ment in the local newspaper asking for "road drivers." He added • that Nationwide Incorporated was the advertiser. Mr. Carter further added that there had been numerous trucks parked on the lot. He added that this proposed operation was not suited for the area, In summary, Mr. Carter stated that he would like the Commission to disapprove the proposed site plan. Mr. Hugh Price appeared before the Commission and stated that he was opposed to the site plan because of the trucks that are now making U -Turns on Route 50 He added that the increase of trucks would make it much worse. Mr. Bartley appeared before the Commission and expressed his concern over the noise the trucks would be making. EXECUTIVE SESSION • Upon motion made by Maurice Perry and seconded by James Gollady, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby move into Executive Session to discuss a legal matter. The above motion was unanimously approved by roll call vote. REGULAR SESSION Upon motion made by Maurice Perry and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby move into Regular Session. The above motion was passed unanimously by roll call vote. • DEFERRED Upon motion made by James Golladay and seconded by Langdon Gordon, Page 11 BE IT RESOLVED, That the Planning Commission of Frederick County does..hereby defer this matter in view of the information • ` given and refer it to the Planning and Development Committee to investigate and report to this Commission for approval or recommended changes on the following: 1. Access Road - State Maintenance 2. Water use and disposal 3. Traffic congestion on site and Route 50. The above motion was passed unanimously by roll call vote_ L & J ENTERPRISES CAR WASH i�y��raray�i Mr. R. Berg read the letter from Mr. James L. Smith, Pres- dent, of L & J Enterprises, Inc. requesting approval of a car wash to be located on a three -acre tract adjacent to Town and Country . Department store. He stated that the site plan was incomplete. Mr. Jim Smith appeared before the Commission and stated that the proposed car wash would be parallel to Route 50 East and would have nothing but cars. Mr. Berg stated that car washes are not specifically per- mitted in B -1 zones. Mr. Smith stated that the cars would use the present 60' right -of -way and would have to come in and go out of the same right- of -way. He showed the proposed route to the Members. 4 )`q The Chairman asked Mr. Smith how he planned to dispose of the water from the proposed car wash. Mr. Smith stated that he has a permit from the Virginia Environmental Protection Agency to use a 1500 gallon disposal tank. . Upon motion made by James Golladay and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick Page 12 County does hereby move that this be referred to the Planning and Development Committee for study and a report be filed to the Commission as to which zone they feel it should be in. The above motion was unanimously passed by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE (SUBDIVISION ORDINANCE) ADOPTED FEBRUARY 13, 1974 TO AMEND SECTION 4 -32 -3 TO READ: RESTRICTION: Subdivision of land into three (3) or more residential building lots is not permitted in agricultural zoning districts. Mr. R. Berg explained the change to the Members and then read the existing Section. He stated that the new Section would not allow subdivision of land into three or more lots in an agri- cultural zone. Upon motion made by Maurice Perry and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this amendment to the Board of Supervisors. The above motion was unanimously approved by roll call vote. ADJOURNMENT Upon motion made by Elmer Venskoske, seconded by Langdon Gordon and unanimously approved, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby adjourn its meeting. Respectfully submitted, I . Ronald Berg, secrdtary Page 13