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PC_06-07-73_Meeting_Minutes• MINUTES OF THE MEETING of the FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, June 7, 1973 PRESENT: James W. Golladay; Chairman, Manuel C. DeHaven, Richard F. Madigan, Maurice W. Perry, Elmer Venskoske, Keith Williams, Clinton Ritter, J. 0. Renalds, III, and J. W. Riley, III. The Chairman called the meeting to order at 1:00 P.M. ALBIN ACRES SUBDIVISION - APPROVED The first order of business was the review of a preliminary subdivision plat of Albin Acres, which was presented by J. 0. Renalds, III; Subdivision Administrator. Mr. Renalds told the Commission the location of the subdivision; that it was located on Route 679, which leads off of Route 522 North, and that the subdivision is generally oriented in a north -south direction. 40 Mr. Renalds stated that he had received the plat on May 11, 1973. He continued by stating that the owner was Robert Solenb'erger of Fruit Hill Orchards, Inc. The engineer and surveyor are Trico Associates; Tommy Glass. The zoning classification is R -1. The approximate total acreage of the subdivision is 17.1 acres, and 19 lots, with the average lot size being 3/4 of an acre. The approximate lot frontage is 125 feet. Mr. Renalds continued that there are two (2) streets, with the primary street coming off of Route 679, which is Thwaite Avenue, and one (1) unnamed street leading off to the East at this point. The right -of -way provided is sixty (60) feet in accordance with the Subdivision Ordinance.' The lots will be served by wells and septic systems. Few comments were presented, except that the Subdivision Administrator recommended that Thwaite Avenue should be extended directly to the property line, in a southern direction. The Administrator also recommended that a drainage easement be planted in the vicinity of Lots 11 and 12, and that this easement be platted and recorded. He also stated that at this time there was a corrugated metal pipe crossing the road at this point, and that this vicinity would best suit the drainage easement. No one appeared in opposition. Gov Mr. Madigan made a motion to approvedAlbin Acres Subdivision with the two (2) modifications; extension of Thwaite Avenue, and the drainage easement • between Lots 11 and 12. Mr. Perry seconded and the motion was passed unanimously. _2_ RECOMMENDED RESOLUTION - REZONING MORATORIUM /o3 The next order of business was the following Recommended Resolution - Rezoning Moratorium which was recommended to the Planning Commission to be considered for its recommendation to the Board of Supervisors: BE IT RESOLVED, that due to the excessive applications for rezoning and the need to evaluate land use in the County, the Planning Commission of Frederick County does request and recommend that the Board of Supervisors enact a moratorium on further rezonings. Such moratorium should take effect immediately and continue. than six (6) months, or until a new zoning ordinance is enacted. The above resolution was submitted by H. Ronald Berg, Secretary to the Planning Commission. Questions and comments were raised by the Commission members concerning this moratorium. Mr. Madigan stated that in the beginning it looked like a good thing, concerning the economic balance of the county, etc. He then stated that it would cause more trouble than good, due to the fact, that if an industry came into the county, and needed a negotiation for a parcel of land, they would not wait for the rezoning for four to six months. The question of the • legality of the moratorium concerned Mr. Madigan. He continued by stating that he realized that the Commission needed the new Zoning Ordinance, and the Zoning Maps and the Comprehensive Plan, but he was afraid of the trouble the moratorium might cause. Mr. Venskoske stated that he felt that the Commission had waited too long for this moratorium, and he doesn't feel that it would be fair to another landowner. Mr. DeHaven stated the southern end of the County was zoned R -1 and R -2, which involved three (3) or four (4) thousand acres. If a moratorium was set up now, it would not be fair to the rest of the county, and that the County needs more M -1 and M -2, rather than R -1 and R -2. Mr. Perry seemed to agree with the rest of the fairness of the moratorium. He also raised concern the schools. Mr. Golladay stated that which had already been started in construction. moratorium would not stop development, and that as the ladd was properly zoned. the Commission members concerning the question of how it would Lt would not apply to the schools Mr. Renalds stated that the land could be subdivided as long Mr. Golladay then asked if it was legal to declare a 6 -month moratorium. Mr. Ritter answered that he and Mr. Ambrogi had done some research on the matter and had been in contact with the Attorney's General Office and that the moratorium can be legal if it is done properly. He said that proper notices must be published for two weeks giving the title and purpose, public hearings must be ® held, the supervisors must approve it and that another requirement was that specific time limitations must be stated, as to when it would go into effect, and when it would be taken out of effect. I -3- U 4 i • Mr. Ritter was concerned with the amount of time it would take to / b finish the new Zoning Ordinance, and whether or not the moratorium would be needed. The Secretary then commented on what the Commission had before them, which concerned the thirteen (13) rezoning applications. There were four hundred and two (402) acres to rezoned to R -2; and that if the land were to be developed as one -third townhouses and two - thirds single - family homes; the consequences could be five hundred seventy -eight (578) new single - family dwellings, twenty -one hundred twenty -two (2,122) people living in single - family dwellings, eight hundred three (803) school children in single - family dwellings. There could be seven hundred and twenty (720) townhouses, twenty -one hundred and sixty (2,160) new population, four hundred thirty -two (432) school children. This makes a total of twelve hundred and ninety -three (1,293) families, four thousand two hundred eighty -two (4,282) people, and one thousand two hundred thirty -five (1,235) school children. Mr. Delmar Bayliss had a question concerning the building of single - family dwellings on A -2, instead of R -2. The Secretary answered that in A -2 zoning, townhouses can not be constructed. Mr. Arnold Blam, a developer from Maryland, came forward to speak against the moratorium. He told the Commission of how a rezoning moratorium hurt the city of Hagerstown. He also suggested to the Commission that they should establish a policy where developers seeking zoning changes must pay a construction bond is to insure that their intentions to build are serious and not speculative. Mr. Golladay stated that he could see a need for a moratorium or a full time Planning Commission with the proper personnel to get the work planned and to get it done quickly. He continued that the Commission has been two and one -half years trying to get this work done, and that each month, there is a new problem, which means an extension of their work. Mr. J. 0. Renalds, County Administrator, came forward to remind the Commission that (1) this was not a Public Hearing, (2) the recommendation that they made to the Board of Supervisors was that, and only that, and that advertising and a Public Hearing must take place prior to an enactment of an ordinance to impose the moratorium of this County. Mr. Clinton Ritter, then stated that copies of the new Proposed Zoning Ordinance would be available to the public, at the County Administrator's Office and the Planning Office, for the developers. He concluded by stating that any recommendation to this new ordinance would be deeply appreciated. The Chairman closed further discussionuuntil after the rezoning applications had been reviewed. ROBERT K. STICKLEY REZONING - APPROVED The Secretary read the application of Robert K. Stickley, Evelyn E. Stickley ® and Virginia S. Esteppeto to rezone approximately 27.00 acres of land; located South of Stephens City between Route 11 and Route 81 in the Opequon Magisterial District; from Agricultural (A -2) to Business (B -1). It was proposed that the property vwouId be put to use for limited business. I U -4- Mr. Riley then proceeded to show the Commission the exact location of the D� property on the aerial maps which had been drafted. Mr. Stickley and his surveyor, Mr. Kirkland were present. Short discussion followed concerning the businesses and dwellings and the water and sewerage systems. No one - appeared in opposition. Mr. Madigan moved to approve the zoning on this part of the land owned by Robert Stickley from A -2 to B -1, subject to public water and sewer. Mr.F'Perry seconded, and the motion was passed unanimously. JAMES L. BOWMAN REZONING - APPROVED The Secretary read the application of James L. Bowman, et ux to rezone approximately 101.278 acres of land; located Northeast of Stephens City along Route 642 in the Opequon Magisterial District; from Agricultural (A -2) to Residential (R -2). It was proposed that the property would be used for the building of single and multi - family homes. Mr. Riley showed the Commission the location of the property on the aerial • maps. Mr. Bowman was present and stated that the building would not begin until they had obtained public water and sewer. No one appeared in opposition. Mr. Madigan moved to approve the rezoning of the land from A -2 to R -2. Mr. DeHaven seconded and the motion was passed unanimously. JAMES L. BOWMAN REZONING - APPROVED The Secretary read the application of James L. Bowman, et ux to rezone approximately 24.00 acres of land; located South of Route 277 on the East side of Route 651 in the Opequon Magisterial District; from Agricultural (A -2) to Residential (R -2). It was proposed that the property would be used for single and multi - family homes. Mr. Riley showed the Commission the exact location of the property on the aerial maps. No one appeared in opposition. Mr. Madigan moved to approve the application of James Bowman to rezone this parcel of land from A -2 to R -2, subject to public water and sewer. Mr. Williams seconded and the motion was passed unanimously. LENOIR CITY COMPANY OF VIRGINIA REZONING - APPROVED The Secretary read the application of Lenoir City Company of Virginia to rezone approximately 18.07 acres of land; located Northwest of Route 11, also Northwest of the Pennsylvania Railroad and South of Route 37, just north of the I -5- U �0 G • City of Winchester; in Stonewall Magisterial District; from Agricultural (A -2) to Industrial (M -1). It was proposed that there will be construction of a steel and iron plant owned by the Augusta Iron Works, Augusta, Maine. It was proposed that there will be a large factory and several smaller buildings, with the company fabricating ornamental and structural steel and employing approximately one hundred (100) people. Mr. Riley showed the Commission the exact location of the property on the aerial maps. Mr. Kenneth Gilpin, President of the Lenoir City Company of Virginia was present to answer any questions presented by the Commission. Mr. Wolfe was also present. Discussion followed concerning the type of building and what its production would be. Lengthy disucssion followed concerning the access of the right -of -way, to Route 11, which was twenty (20) feet, to increase it in size, making it wider. No one appeared in opposition. Mr. Madigan moved to approve the rezoning of Lenoir City application from A -2 to M -1, subject to securing a wider right -of -way, to meet the State Highway Regulations. Mr. Williams seconded and the motion was passed unanimously. • FRED L. GLAIZE. III REZONING - APPROVED The Secretary read the application of Fred L. Glaize, III et al to rezone approximately 123.610 acres of land; located East of Route 81 on Route 647 in the Opequon Magisterial District; from Agricultural (A -2) to Residential (R -2). It was proposed that the property would be used for single and multi - family dwellings. .Mr. Riley showed the Commission the exact location of the property on the aerial maps. Mr. Glaize came forward to answer any questions from the Commission. No one appeared in opposition. Mr. Madigan moved to recommend to the Board of Supervisors the rezoning of the land of Fred L. Glaize, III, from A -2 to R -2. Mr. DeHaven seconded and the motion was passed unanimously. W -D COMPANY INC. REZONING - APPROVED The Secretary read the application of W -D Company, Inc. to rezone approximately 42.775 acres of land; located along Route 652 and Route 706 in Back Creek Magisterial District; from Residential (R -1) and Business (B -2) to Residential (R -2). No proposed use for the property was planned. is Mr. Riley showed the Commission the location of the property on the aerial maps. I -6- ® Mr. E.E. Bayliss and Herbert Stratton were present to answer any questions / D presented by the Commission. No one appeared in opposition. Mr. Williams moved to recommend to the Board of Supervisors to approve the zoning application for the parcel of land from R -1, B -2 to R -2, provided that the Buffer zone would be accessed to the Opequon Memorial Church and adjacent cemetery, subject to public water and sewer. Mr. Madigan seconded. Mr. Williams then amended the motion by stating to eliminate the road consecutive to the property, subject to putting in a walkway access to the cemetery. Mr. Madigan seconded, and the entire motion and amendment was passed unanimously. EARL LEE CATHER REZONING - APPROVED The Secretary read the application of Earl Lee Cather and Edith A. Cather to rezone approximately 1.08 acres of land; located along South side of Route 50 West known as Cather's Farm Market in Back Creek Magisterial District; from Agricultural (A -2) to Business (B -2). It was proposed that the property would be used for the erection of a general store and a small office building. Mr. Riley showed the Commission the location of the property on the aerial map. ® Mr. Butler was present to answer any questions presented by the Commission No one appeared in opposition. Mr. Madigan made a motion to approve the parcel of land of Earl Lee Cather from A -2 to B -2, with the stipulation that the show -house now on the property will not be used in the future for dwelling. Mr. Perry seconded and the motion was passed unanimously. CHARLES P. CABANISS REZONING - WITHDRAWN The Secretary read the application of Charles P. Cabaniss and Patricia Cabaniss to rezone approximately 90.00 acres of land; located on South side of Route 608 opposite Cabaniss Subdivision and approximately 300 feet southeast of intersection of Route 608 and Route 619 in Back Creek Magisterial District; from Agricultural (A -2) to Residential (R -2). It was proposed that the property would be used for single, two - family, and multi - family dwellings. Mr. Riley showed the Commission the location of the property on the aerial map. Mr. Charles P. Cabaniss and Mr. Milton Harris, Attorney, were present to answer any questions brought forward by the Commission. Discussion concerning the structure of the buildings for the dwellings ® followed. I - -7- 4� 106 • Mr. Cabaniss withdrew his application due to the fact that it must be rezoned from A -2 to R -1, instead of A -2 to R -2. It was stated that because the application was withdrawn, it would be readvertised. ROBERT S. BARBOUR REZONING - APPROVED The Secretary read the application of Robert S. Barbour, et al, t/a Brand Associates, to rezone approximately 14.266 acres of land; located approximately one mile South of Middletown, Virginia lying South of Western Union Computer Center and West of Route 81 and fronts approximately,100 feet on Route 841 in Opequon Magisterial District from Agricultural (A -2) to Industrial (M -2). It was proposed that the property would be used for heavy commercial and industrial operations. Mr. Riley showed the Commission the location of the property on the aerial map. Mr. Eugene Gunter, respresentative of Brand Associates and Mr. Robert S. Barbour came forward to answer any questions presented by the Commission. Discussion followed concerning the access to right -of -way and water and sewer, and the general development that would be established according to the Zoning Ordinance for Industrial M -2. Mr. Barbour told the Commission that his operations would not interfere • or destroy the viewpoint or property of Belle Grove, which is a historic landsite. No one appeared in opposition. Mr. Williams made a motion to recommend to the Board of Supervisors the approval of the application for rezoning from A -2 to M -2 for Brand Associates. Mr. Madigan seconded and the motion was passed unanimously. (2) .L: 0. DICK ESTATE REZONINGS - APPROVED The Secretary read the application of L. 0. Dick Estate to rezone approximately 39.00 acres of land located at intersection of Route 81 and Route 672 on the northeast side, fronting approximately 1000 feet on Route 11 and approximately 650 feet on Route 672 in Stonewall Magisterial District; from Agricultural (A -2) to Industrial (M -2). It was proposed that the property would be used for general industrial use. It was decided at this time to consider both of the applications of L. 0. Dick Estate even though they were not originally together, in order, on the agenda. The Secretary read the other application of L. 0. Dick Estate to rezone approximately 21.00 acres of land located at intersection of Route 81 and Route 672 on the Southeast side, fronting approximately 650 feet on Route 672 with a depth of approximately 2000 feet in Stonewall Magisterial District; from Agricultural (A -2) to Industrial (M -2). It was proposed that the property would be used for general industrial use ;: .A -B- � q • Mr. Riley showed the Commission the location of the property on the D / aerial map. Mr. Robert T. Mitchell, Attorney, came forward to answer any questions presented by the Commission. Discussion followed, that there were no tentative purchasers of industry at this time. No one appeared in opposition. Mr. Madigan moved to recommend to the Board of Supervisors the two (2) parcels of land of L. 0. Dick Estates to be rezoned from A -2 to M -2. Mr. DeHaven seconded and the motion was passed unanimously. MARION F. LINEBERG REZONING - APPROVED The Secretary read the application of Marion F. Lineberg to rezone approximately 0.335 acres of land located on the Southwestern Highway Boundary Line-of -Route 50 West and the Northeastern Highway Boundary Line of Route 803 in the Back Creek Magisterial District from Agricultural (A -2) to Business (B -2). It was proposed that thepproperty would be used to display a new leisure home with a whole range of new materials and ideas for relaxed living. Mr. Riley showed the Commission the location of the property on the • aerial map. Mr. Lineberg came forward to answer any questions presented by the Commission. It was stated that the building would be used for display purposes only, and that no one would live in it. The Secretary stated to the Chairman that this would certainly be spot zoning. He continued that the motion should have the condition that should this business not succeed that the property will revert to A -2. No one appeared in opposition. Mr. Venskoske moved to recommend to the Board of Supervisors the approval of the rezoning from A -2 to B -2. Mr. DeHaven seconded, with Mr. Williams abstaining, Mr. Venskoske voting "Yes ", Mr. DeHaven voting "Yes ", Mr. Madigan voting "Yes ", and Mr. Perry abstaining. With the vote being 3 to 2, the motion was passed. SMITHFIELD FARMS ADDITION. INC. REZONING - APPROVED The Secretary read the application of Smithfield Farms Addition, Inc. to rezone approximately 22.06 acres of land located at the end of Van Fossen Street, Apple Street and Butler Street between Smithfield Avenue and Battle Avenue in Stonewall Magisterial District; from Industrial (M -2) to Residential (R -2). It was proposed that the property would be used for a two hundred eighty - eight (288) unit, multi - family, apartment complex building. Mr. Riley showed the Commission the exact location of the property on the aerial map. I -9- 5✓ ` v l� • Mr. Butler and Mr. John Mitchell, (Developer) were present and came forward to answer any questions presented by the Commission. Discussion followed concerning where the City- County line was located. It was stated that Mr. Butler would have to go to the City also, for approval of this apartment building. Mr. Madigan reminded Mr. Mitchell that an Impact Study for recreation would have to be submitted. No one appeared in opposition. Mr. DeHaven made a motion to recommend to the Board of Supervisors the approval of the rezoning from M -2 to R -2. Mr. Perry seconded and the motion was passed unanimously. REZONING MORATORIUM The rezoning moratorium was brought forward again. The Commission acted upon the advice of J. 0. Renalds, County Administrator, to postpone action until after the zoning ordinance and maps could be discussed and reviewed on the following Tuesday, June 12, 1973, at 9:00 A.M. Mr. Williams motioned to waive the written notice of the Special Meeting • on Tuesday, June 12, 1973 at 9:00 A.M. Mr. Venskoske seconded and the motion was passed unanimously. There being no further business to come before the Commission, the Meeting was adjourned. H. Ronald Berg, Secretary James W. Golladay, Chairman •