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PC_10-03-74_Meeting_MinutesIq8 MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, October 3, 1974 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Langdon Gordon; Richard Madigan;, James Golladay; Maurice Perry; Ronald Berg; J. William Riley, III; and Clinton Ritter, Jr. ABSENT: Manuel DeHaven and R. Wesley Williams. CALL TO ORDER is The Chairman called the Meeting to Order and announced that the first order of business was the approval of Minutes for June, July, August and September. MINUTES - APPROVED The Chairman asked if there were any corrections and /or additions to the following sets of Minutes: June 6, 1974 July 26, 1974 August 22, 1974 July 11, 1974 August 1, 1974 September 5, 1974 September 12, 1974 The following corrections were noted by the Members: July 11, 1974 Meeting 1. Page 9, second paragraph, delete the phrase: "and suggested that the Carroll's acquire and attorney to help them." August 1, 1974 Minutes 1. Page 1, add James Golladay to the list of the Members present. 2. Page 8, record the vote for Spectrum Properties' Site Plan to read as follows: "The above motion was passed unanimously by roll call vote." Upon motion made by Richard Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby approve the Minutes of June 6th, July 11th, July 26th, August 1st, August 22nd, September 5th and September 12th as corrected. The above motion was unanimously approved by roll call vote. W 0 R K S E S S I O N LAND USE PLAN The Chairman stated that the next order of business was a discussion of the Commercial areas of the Proposed Land Use Plan. An extensive discussion followed in which Mr. Berg showed the proposed areas to the Members. Numerous suggestions were made by the Members with no final action being taken. DEFINITIONS Mr. Berg read all of the proposed definitions for a service station, a car wash, and a campground. Following a lengthy dis- cussion, it was decided that Mr. Berg would write the definitions for a service station, a car wash and a campground to be duly Page 2 � s v • considered by the Commission at a later date. DEPARTMENT OF PARKS AND RECREATION ROBERT E. FLETCHER Mr. Robert E. Fletcher appeared before the Commission and presented plans for the proposed Park to be located on Route 277 approximately 1 1/4 mile from Interstate 81. He stated that the 350 acre tract was composed of the Sandy Estate and the Whitacre Property. Mr. Fletcher added that the proposed park would be lo- cated on both sides of Route 277. Mr. Fletcher stated that the Parks and Recreation Commission has recommended this location for a park site. He went on to ex- plain the State and Federal Funding which the County would receive • to help build the park. Mr. Fletcher stated that the park may contain a camping area, a large picnic area, hiking and bridal trails, ball fields. He added that there might be swimming and tennis with the possibility of a rodeo ring and a golf course. Mr. Fletcher further stated that he would have more definite plans once the park was approved. As a final comment, he stated that if the county did not act soon, funding for this project would not be available from the State and Federal Governments. Upon motion made by Richard Madigan and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of the proposed park to the Board of Supervisors. The above motion was unanimously approved by roll call vote. Page 3 & ,v�P74/ • SANITATION AUTHORITY WELLINGTION JONES Mr. Wellington Jones appeared before the Commission and stated that the Sanitation Authority is currently involved in the Red Bud Run Project and the Abrams Creek Project. He presented a map to the Members which outlined the areas that would be serviced by the Red Bud Run Project. He stated that the Plant would be lo- cated just East of the intersection of Route 656 and 659 along the Abrams Creek.. Mr. Jones went on to explain that the project would service the Apple Pie Ridge School along Route 522 and include the Sunnyside area; it would then extend North to include the North Frederick Industrial Park and the proposed Winchester Mall. He added that it would also service the Lockhart Trailer Park. • Mr. Jones stated that the proposed Abrams Creek Project would service the Valley Mill Road area. Mr. Jones stated that the Red Bud Run Project would hopefully be finished by March of 1976. He further stated that the Regional Plant would be finished in.-June of 1980 at the earliest. He went on to explain the possible areas that could be serviced by the Sani- tation Authority, which were outlined on the map. As a final comment, Mr. Jones explained to the Members how the projects would be financed. 0 L D B U S I N E S S AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO'- REZONE 12.5 ACRES, MORE OR LESS, OF J. P. DARLING- TON, LOCATED NORTHWEST OF GORDONDALE SUBDIVISION, SECTION 1; FRONTING THE WEST SIDE OF ROUTE 670 FOR 1,377 FEET WITH A DEPTH OF 350 FEET; Page 4 • BOUNDED BY THE WEST VIRGINIA LINE TO THE NORTH; IN STONEWALL MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO RESIDENTIAL, LIMITED (R -1). RECOMMENDED APPROVAL The Secretary read the application of Mr. J. P. Darlington requesting to rezone 12.5 acres for the purpose of building single - family dwellings. He stated that this application was shelved at the last Planning Commission Meeting in order for the Members to view the property. Mr. Berg showed the exact location of the property in question to the Members. He stated that a portion of the land extends into West Virginia. A short discussion followed in which the Members discussed how wide the right -of -way would have to be. It was decided that i the right -of -way would have to be 45 feet wide. Mr. Madigan asked which land Mr. Delmar Bayliss of Apple- Towne, Inc., owned. Mr. Bayliss stated that he owned the land starting at Routes 670 and 669 and extended back to the property in question. Mr. Golladay asked where the water drained as it came off the hill on the property. Mr. Darlington stated that the water went into West Virginia He added that as far as he knew, that there was no water problem. Mr. Williams stated that once the improvements to the right- of -way are made, that most of the problem with water drainage should be eliminated. A short discussion followed in which the Members discussed • the possibility of a cul -de -sac being provided for school buses in Virginia. Page 5 OPPOSITION The owner of Lot #11 of Gordondale Subdivision appeared before the Commission in opposition to the proposed rezoning. He stated that the school buses would be using his private drive in order to turn around. He added that the drainage problem on his lot was unreasonable. Therefore, he was objecting to the rezoning of this land. Mr. Lucien Lefevre appeared before the Commission and stated his concern over the drainage problem. He stated that facilities for a residential area were not present. Mr. Smith came forward and expressed his views in opposition to the proposed rezoning. APPROVAL ® Upon motion made by Maurice Perry and seconded by Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this rezoning of J. P. Darlington to the Board of Supervisors. The above motion was passed with the following vote: Mr. Gordon, Mr. Williams and Mr. Perry voting AYE; with Mr. Venskoske voting 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 E. 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 RESIDENTIAL, LIMITED (R -2). RECOMMENDED APPROVAL o I Mr. Berg read the application for rezoning and showed the Members the exact location of the property in question. This appli- cation had been tabled at the last Planning Commission Meeting. Mr. Clinton Ritter, attorney for the Commission, stated that this application had been tabled at the last meeting so that he could do some research on the Deed of Dedication. He stated that every- thing was in order. Mr. Ritter stated that the owners of previously sold property would have to approve an amendment to the original Deed of Dedication. Mr. Ben Butler, attorney for the applicant, appeared before the Commission and stated that Mr. Sheppard would have to get the land rezoned first. No one appeared in opposition. Upon motion made by Keith Williams and seconded by James Golladay, BE IT RESOLVED, That the PlanningtCommission of Frederick County does hereby recommend approval of this rezoning from A -1 to R -2 to the Board of Supervisors. The above motion was unanimously approved by roll call vote. S U B D I V I S I O N S WAKELAND MANOR - SECTION E -1 RECOMMENDED APPROVAL Mr. Berg showed the Members the Plat of Section E -1 which contains six (6) lots. He added that this subdivision was located on Route 642 in Opequon Magisterial District. Mr. Berg stated that • the Sanitation Authority had not completed its study of these lots and added that the Sewage Treatment Plant was not up -to -date, and the Health Department had not given their approval. Page 7 No one appeared in opposition. • Upon motion made by James Golladay and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of Section E -1 containing six (6) lots to the Board of Supervisors subject to approval from the Health Department and other agencies. The above motion was unanimously approved by roll call vote. FREDERICKTOWNE - SECTION 3 FINAL RECOMMENDED APPROVAL Mr. Berg showed the exact location of the subdivision and stated that Section 3 would contain 258 lots. He stated that the Sanitation Authority, the Highway Department and the Recreation Department has given their approval. • No one appeared in opposition. Upon motion made by Langdon Gordon and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of Section 3 of Frederick - towne Subdivision to the Board of Supervisors. The above motion was approved unanimously by roll call vote. ZEIGER SUBDIVISION - SECTION 3 FINAL RECOMMENDED APPROVAL Mr. Berg showed the exact location of the proposed subdivision to the Members. He stated that the lots do conform to the R -1 zoning, but that it does not conform to the present 150 foot frontage require- ment. He added that the lots were drafted to the old ordinance specifications. Mr. Berg further stated that there is preliminary Health Department and Highway Department approval. Mr. Ben Butler, attorney for the applicant, appeared before the Commission and stated that the Health Department has given their approval of this subdivision. Mr. Zeiger added that the Highway Department has also given their approval. No one appeared in opposition. Upon motion made by James Golladay and seconded by Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of Zeiger Subdivision, Section 3 to the Board of Supervisors subject to the necessary signatures. The above motion was unanimously approved by roll call vote. FREDERICKTOWNE - SECTION 2 (THE PINES) RECOMMENDED APPROVAL is Mr. Berg showed the Members the plat which has been laid out for Townhouses. He added that this was a plat revision of Section 2 to permit Townhouses. Staff Comments: Mr. Berg stated that the street name would have to be changed since it was a duplication and added that there was concern about maintenance of common parking lots and common areas. He stated that people with corner lots would be maintaining all the open space. Mr. Berg then showed a proposed alternative on the plat. Mr. Tom Glass appeared before the Commission and stated that the land was in a multi - family district. He stated that the town- houses would be sold as individual units. He added that the majority of Section 2 would be used for multi - family dwellings. Mr. Glass stated that the Highway Department had given their . approval for the 60 foot right -of -ways. He added that the subdivision. Page 9 would have to be built around the facilities that were already in t ground. He further added that the roads would be maintained by the State. No one appeared in opposition. Upon motion made by Elmer Venskoske and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this subdivision plat to the Board of Supervisors. The above motion was unanimously approved by roll call vote. SITE PLANS /CONDITIONAL USE PERMITS NATIONWIDE SERVICE CENTER RECOMMENDED DENIAL • This application was tabled at the last Commission Meeting for a recommendation from the Planning and Development Committee The Chairman stated that this service center would be located on Route 50 East, adjacent to Town and Country Department Store. He added that the Committee recommends denial of this service center. The Chairman further stated that the Committee felt that the use of the building has been and is intended to be used as a Truck Terminal which is not a permitted use in B -1 zoning. Upon motion made by James Golladay and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this site plan since the request is not a permitted use in B -1. The above motion was passed by the following vote: Mr. Gor- • don, Mr. Golladay and Mr. Venskoske voting AYE; with Mr. Perry abstaining. Page 10 Mr. Clinton Ritter stated that the wording of Mr. Golladay`s motion was incorrect and should be restated, since the application was for a site plan and conditional use permit. Upon motion made by James Golladay and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recind the previously approved motion. The above motion was unanimously approved by roll call vote. Upon motion made by James Golladay and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of the site plan and conditional use permit as requested to the Board of Supervisors. The above motion was approved by the following recorded vote: Mr. Gordon, Mr. Golladay and Mr. Venskoske voting AYE; with Mr. Perry abstaining. L & J ENTERPRISES CAR WASH RECOMMENDED DENIAL The Chairman stated that the site plan for L & J Enterprises was presented at the last meeting and was tabled pending a recom- mendation from the Planning and Development Committee. He added that the Committee recommends denial of this car wash since it is not a permitted use in a B -1 zoning district. Upon motion made by Elmer Venskoske and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this Site Plan because • car washes are not a permitted use in B -1 zones to the Board of Supervisors. The above motion was approved with Mr. Gordon, Mr. Golladay, Page 11 and Mr. Venskoske voting AYE; with Mr. Perry abstaining. GEORGE B. SAVAGE AND ASSOCIATES RECOMMENDED APPROVAL Mr. Berg presented the site plan with a conditional use per- mit to construct a nursing home on Route 652 (Apple Valley Road) to the Members. He showed the exact location of the proposed nursing home to the Commission. Mr. George Savage appeared before the Commission and stated that the nursing home would be on six (6) acres which was part of a larger tract of land which belonged to the Lupton Family. He added that the home would contain 120 beds. Mr. Berg stated that the water and sewer plans would have • to be approved before the building permit would be issued. Upon motion made by Langdon Gordon and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this site plan and con- ditional use permit pending approval from the necessary agencies to the Board of Supervisors. The above motion was unanimously approved by roll call vote. ADJOURNMENT Upon motion made by James Golladay, seconded by Langdon Gor- don and passed unanimously, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby adjourn its meeting. Page 12 Respectfully submitted, / O H. Ronald Berg, Secretary Keith Tilliams, Chairman Page 13