Loading...
PC_11-07-74_Meeting_MinutesMINUTES OF THE MEETING Plvw"v 0 FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, November 7, 1974 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Richard Madigan; C. Langdon Gordon; Manuel DeHaven; Maurice Perry; J. William Riley, III; H. Ronald Berg; and Clinton Ritter, Jr. ABSENT : James W. Golladay, Sr. and R. Wesley Williams. CALL TO ORDER The Chairman called the Meeting to Order and announced that the first order of business was the approval of the Minutes. MINUTES - APPROVED The Chairman asked if there were any corrections and /or addi- tions to the Minutes of October 3, October 17, and October 22, 1974. Upon motion motion made by Richard Madigan and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby approve the Minutes of October 3rd, October 17th, and October 22nd as written. The above motion was unanimously approved. W 0 R K S E S S I O N DEFINITIONS The Members discussed definitions for a car wash, a service • station in B -1, a service station in B -2, and a public garage. / (�-� A lengthy discussion followed in which it was suggested that the car wash be allowed in B -2 zone with a Conditional Use Permit. The service station in the B -1 zone should include wrecker service, but that there should be no storage of disabled vehicles. It was further decided that the service station in B -2 would have wrecker service with storage of vehicles, but would require a Conditional Use Permit. It was also suggested that enclosed car washes should be included in the service station definitions in both B -1 and B -2 zones. The Members decided that the definition for a Public Garage would need further study. They also decided that the definitions for a car wash, service station in B -1 and service station in B -2 should be advertised for Public Hearing for the next Regular Meeting of the Planning Commission. 0 P U B L I C H E A R I N G S AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ADD SECTION 2 -1 -22 (g) TO READ: CAMPGROUNDS: TOURIST CAMPS, TRAVEL TRAILER CAMPS, FAMILY CAMPGROUNDS, CAMPING RESORTS, RECREATION AREAS ON WHICH THREE (3) OR MORE CAMPSITES ARE OCCUPIED OR SEASONAL FACILITIES MAINTAINED DIRECTLY RELATED TO OUTDOOR RECREATION, SUCH AS: CAMPING, LODGING, PICNICING, BOATING, FISHING, SWIMMING, OUTDOOR GAMES, SPORTS BUT NOT INCLUDING MECHANICAL AMUSEMENT DEVICES OR PERMANENT MOBILE HOME PARKS. Recommended Approval The Chairman read the proposed amendment to the Members. He asked if there were any comments the Members wished to make. Upon hearing none, the following motion was made: ® Upon motion made by Richard Madigan and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of Frederick Page 2 � . County does hereby recommend approval of this ordinance to the Board of Supervisors. The above motion was unanimously approved 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 -13 TO READ: BOND: BEFORE ANY SUBDIVISION PLAT WILL BE FINALLY APPROVED AND BEFORE ACCEPTANCE OF DEDICATION FOR PUBLIC USE OF ANY RIGHT -OF -WAY LOCATED WITHIN ANY SUBDIVISION WHICH HAS CONSTRUCTED THEREIN, ANY STREET, CURB, GUTTER, SIDEWALK, DRAINAGE OR SEWERAGE SYSTEM OR OTHER IMPROVEMENT, FINANCED OR TO BE FINANCED, IN WHOLE OR IN PART BY PRIVATE FUNDS ONLY IF THE OWNER OR DEVELOPER (1) - CERTIFIES TO THE GOVERNING BODY THAT THE CONSTRUCTION COSTS HAVE BEEN PAID TO THE PERSON CONSTRUCTING SUCH FACILITIES, OR (2) - FURNISHES TO THE GOVERNING BODY A CERTIFIED CHECK IN THE AMOUNT OF THE ESTIMATED COSTS OF CONSTRUCTION OR A BOND, WITH SURETY SATISFACTORY TO THE GOVERNING BODY, IN AN AMOUNT SUFFICIENT FOR AND CONDITIONED UPON THE CONSTRUCTION OF SUCH FACILITIES. Recommended Approval Mr. R. Berg stated that the tenses in the proposed amendment were not correct, therefore a corrected amendment was written for the Members to consider. The Chairman stated that due to a personal interest in the proposed amendment, he would step down as Chairman and have Mr. Elmer Venskoske take over. Mr. Berg read the corrections to the Members. A question was raised by Mr. Madigan as to the legality of the proposed amendment. He stated that the Bond Section should parallel with the State Code. Mr. Clinton Ritter, attorney for the Commission, stated that • in his opinion that it would be useless to request a Bond after all the lots in a subdivision had been sold. He added that a bond should Page 3 be required before development of streets, gutters, etc., has been started in order to protect the public from having to help finance the construction of same. He added that the County should have some type of requirement that requires the developer to put up some type of bond or monies to insure the financing of the construction. Mr. Ritter went on the explain that if the County requires a bond or certified check from the de.veloper,then the developer would have to also pay the construction costs before construction is completed. He suggested that the developer might develop the land section by section instead of in whole and that the County might make some provision so that as the land is developed, the money could be released for the developer to use. Mr. Ritter further suggested that the County might consider posting bond at a percentage cost. 0 Mr. Madigan suggested that the County should require a Corporate Bond. He added that the developer should be required to show his pro- jected time table for construction to the Board of Supervisors. Mr. Ritter suggested that the best way to handle the question of Bond would be to set up a committee to talk to the developers to get their comments and suggestions. 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 this amendment to the Division of Land Ordinance, Section 4 -13 BOND which reads: BOND: Before an subdivision plat will be finally approved and before acceptance of dedication for public use of any right -of -way located within any subdivision which has constructed therein, or pro- posed to be constructed therein, any street, curb, gutter, sidewalk, drainage or sewerage system or other improvement, financed or to be . financed, in whole or in part by private funds, the owner or developer must (1) - certify to the governing body that the construction costs Page 4 . have been paid to the person constructing such facilities, or (2) - furnish to the governing body a certified check in the amount of the estimated costs of construction or a bond, with surety satisfactory to the governing body, in an amount sufficient for and conditioned upon the construction of such facilities. The above motion was unanimously approved by roll call vote. Following a short discussion between the Members, Mr. Ritter suggested that more thought should be put into the Bond Section of the Division of Land Ordinance. Upon motion made by Richard Madigan and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend that the Chairman set up a Committee to come up with guidelines of acceptable surety to be required by the developers and the proper wording and definition of Section 4 -13 title BOND; and BE IT FURTHER RESOLVED, That the Planning Commission does recommend that an attorney be appointed to this committee. ® The above motion was approved unanimously by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 5.0 ACRES, MORE OR LESS, OF DORSET T. RUSSELL, LOCATED ALONG THE SOUTHEAST SIDE OF ROUTE 717 (CALDWELL LANE) JUST SOUTH- WEST OF ROUTE 644 (PAPER MILL ROAD); IN BACK CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1). Recommended Approval Mr. R. Berg read the application and showed the Members the exact location of the property in question. He stated that the property would be used for warehousing and storage. Mr. Dorset T. Russell appeared before the Commission. He stated that he is presently using the property for his roofing and sheet metal operation. He added that the request for rezoning is so that he would . be able to expand his business. Mr. Russell further stated that most of the materials would be kept under cover. Page 5 No one appeared in opposition. Upon motion made by Richard Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to rezone this parcel of land consisting of five (5) acres, located off Caldwell Lane, South of Paper Mill Road in Back Creek Magisterial District, which adjoins the land recently rezoned for Mr. Snyder, from R -2 to M -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 5.0 ACRES, MORE OR LESS, OF FRANCIS P. LAGES, LOCATED ON THE SOUTH SIDE OF ROUTE 50 EAST, APPROXIMATELY 7/10 MILES EAST OF INTERSECTION WITH INTERSTATE B1; IN SHAWNEE MAGISTERIAL DISTRICT; FROM BUSINESS, LIMITED (B -1) TO BUSINESS, GENERAL (B -2). Recommended Approval Mr. Berg showed the exact location of the property to the Members. He added that the rezoning request was to locate an automobile dealership on Route 50 East. Mr. Francis P. Lages appeared before the Commission and stated that there would be a 60 foot right -of -way which would lead to his land in rear of the proposed rezoning He added that he owns all the land adjacent to the rezoning request. Mr. Joseph Schroth appeared before the Commission and explained the building plans should the rezoning request be granted. He stated that he plans to sell new and used cars. OPPOSITION Mr. Shirley Carter appeared before the Commission in opposition to the proposed rezoning request. In answer to his question, Mr. Carter was told that there would be a body shop and garage on the property. He stated that he and other property owners were worried about a possible Page 6 . junk yard for cars on this rezoning request. He added that this area was mostly residential and that the B -1 zone should remain. He further added that the residents were worried that once the B -2 zone was approved, that this would open the way for more rezonings to B -2. Mr. Bartley appeared before the Commission and stated that he was totally objecting to this rezoning request. He stated that he was also worried about the possibility of a junk yard. Mr. Price appeared before the Members and stated that he wanted the zoning of the land to remain B -1. Mr. Madigan asked Mr. Schroth approximately how many immobile cars would be on the lot at one time. Mr. Schroth stated that there would be approximately eight (8) to twelve (12) cars on the lot. He added that the delays in repairs . was due to the inability to obtain the necessary parts for the immobile cars. Mr. Madigan asked if Mr. Schroth would object to any conditions placed on the rezoning request if it was approved. Mr. Schroth stated that he would not. He added that he would make every effort to make his dealership a clean operation. Upon motion made by Richard Madigan and seconded by Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this five (5)acre tract owned by Francis P. Lages on the South side of Route 50 East in Shawnee Magisterial District from B -1 to B -2. The above motion was approved by the following recorded vote: Mr. Madigan, Mr. DeHaven, Mr. Gordon and Mr. Perry voting AYE; with • Mr. Venskoske voting NAY. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED Page 7 NOVEMBER 1, 1973 TO REZONE 1.5 ACRES, MORE OR LESS, OF GULF OIL COMPANY, U.S., LOCATED ON THE EAST SIDE OF ROUTE 11 NORTH APPROXIMATELY ONE - FOURTH (1/4) MILE NORTH OF WINCHESTER CITY LIMITS; IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (P, -1) TO INDUSTRIAL, GENERAL (M -2). Recommended Approval Mr. R. Berg read the application for rezoning and showed the exact location of the request to the Members. Mr. Robert Glover appeared before the Commission and stated that the land in question has been rezoned several times over the years. He added that the land was zoned Commercial in 1931 when the operation was built; it was zoned Commercial in 1967; and in 1973 it was zoned Residential. Mr. Glover further stated that he is requesting that the land be zoned Industrial. He further added that oil distribution was governed by the Environmental Protection Agency and OSHA requirements. No one appeared in opposition. Upon motion made by Manuel DeHaven and seconded by Richard Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this rezoning from R -1 to M -2. 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 THE PROPERTY FRONTING ROUTE 661 WEST FOR A DISTANCE OF 200 FEET AND A DEPTH OF 200 FEET, LOCATED ONE -HALF (1/2) MILE FROM INTERSECTION WITH ROUTE 11 NORTH; IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3). Recommended Ap proval Mr. Berg showed the exact location of the property in question to the Commission. He stated that the land contains two (2) lots owned • by Mr. Charles Merriner and Mr. Charles Kerns. Mr. Charles Merriner appeared before the Commission and stated �" �5 /73 that when he bought his home in 1964, that the land was then Residential. He added that now it was zoned Industrial. Mr. Merriner stated that he would like to have his land zoned Residential. He further stated that if his house should burn down or be destroyed while the land was zoned Industrial, the ordinance would have no provisions for him to rebuild Mr. Charles Kerns appeared before the Commission and stated that he would like to have his land zoned Residential. No one appeared in opposition. 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 to rezone this land from M -1 to R -3. 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 THE PROPERTY CONSISTING OF 0.834 ACRES, MORE OR LESS, LOCATED SOUTHWEST OF A RIGHT -OF -WAY LEADING TO ROUTE 661 ABOUT 1.5 MILES NORTHEAST OF WINCHESTER, VIRGINIA; IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3). Recommended Approval Members. Mr. Berg showed the exact location of the property to the Mrs. Leona Carroll appeared before the Commission for her brother -in -law. She stated that the zoning on this property had created a hardship for her brother -in -law. She asked the Commission if Mr. Douglas Grimm had requested rezoning of his land. Mr. Berg stated that he had made such a request, but that the request would be considered when the Land Use Plan was adopted. Mrs. Carroll stated that Mr. Ambrogi, Commonwealth Attorney, • had stated that there should be an amendment to correct this zoning situation. Page 9 Mr. Clinton Ritter, attorney for the Commission, stated that the only thing the Commission was concerned with was whether or not this was proper zoning for this land. He added that there is nothing else to come before the Commission. Mr. Ritter stated that the attorneys for Mr. Grimm and Mr. Car- roll had drafted a Deed for a residential use in an industrial zone. He stated that there was nothing under the old or new Zoning Ordinance which delt with this type of hardship variance. Mr. Ritter stated that the Building Permit was in violation of the Zoning Ordinance. He added that Mr. Grimm had told Mr. Carroll that he would not press charges as long as Mr. Carroll agreed to the restric- tions. He further added that the attorneys for Mr. Grimm and Mr. Carroll wanted Frederick County to go along as a Party to the Third Part. Mr. Ritter stated that they were duly advised that the County would not sign anything. He added that people had bent over backwards to help this man since he was a hardship case. Mrs. Carroll stated that Mr. Ambrogi had told her that rezoning the land would straighten everything out. She added that no one had told her:. that the land could have been rezoned originally. She further stated that she was told the land was zoned M -1 and that the Building Permit was issued. Mrs. Carroll further stated that the doctor had said that Mr. Carroll should not be in the house alone. The Chairman stated that if Mrs. Carroll was requesting a rezoning of the land, then the Commission could do something about it. He added that if she was hoping the Commission would do something about the Agreement, then that was something the Commission could not do. Mr. Ritter stated that the only thing to come before the Com- mission was whether this rezoning was in good planning. He added that Page 10 �I the Members could send the request on to the Board of Supervisors with no recommendation. Upon motion made by Manuel DeHave, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend that this land be rezoned from M -1 to R -3. The above motion was withdrawn by Mr. DeHaven. Mr. Jim Wilson stated that he had no objections to the proposed rezoning. Upon motion made by Keith Williams, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors that they rezone this piece of property consisting of .834 acres from M -1 to what it was before, A -2, -on the basis that contiguous properties that have advised us that they intend to apply for A -2 zoning. The above motion was withdrawn by Mr. Williams. Mr. Ritter stated that the land could be rezoned to any resi- dential category, but that it would not remove the restrictions from the Deed. He added that the question is what zone to put it in. Upon motion made by Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby make no recommendation to the Board of Supervisors regarding this situation. The above motion died for lack of a second. Mrs. Carroll stated that she had asked the Board of Supervisors to rezone this land. She added that they had sent her out of the room to talk with Mr. Ambrogi. She further said that there was a woman taking care of her brother -in -law during the day, but that he was there by himself most of the time. She added that the doctors have told her that she is taking a terrible chance by not having someone there all the • time. Upon motion made by Manuel DeHaven and seconded by Maurice Perry, Page 11 /W I - V BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend that this land be rezoned from M -1 to R -3. The above motion was approved by the following recorded vote: Mr. DeHaven, Mr. Venskoske and Mr. Perry voting AYE; with Mr. Gordon abstaining. REQUEST RALPH WAKEMAN Mr. Ralph Wakeman appeared before the Commission requesting that the minimum number of acres needed in an R -5 District be changed from 500 acres to 300 acres. The Chairman stated that this request would have to be discussed in a Work Session. LORD FAIRFAX PLANNING DISTRICT COMMISSION . REQUEST The Chairman read the letter to the Members. Mr. Berg explained that this is a request that the State in- crease the grant to the Planning District Commission's from $10,000 to $50,000. The Members decided that this matter would also be taken up in a later Work Session. WORK SESSION - DATE The Chairman stated that the next Work Session would be held on Wednesday, November 13, 1974 at 2:00 P.M. in the Board of Supervisors Room. He added that Notice of this Special Meeting would be waived by . ! the Members. ADJOURNMENT There being nothing further to come before the Commission, Page 12 4 '/ the Chairman adjourned the Meeting. Respectfully submitted, H. Ronald Berg, Secretary r � Keith Wi liams, Chairman Page 13