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PC_11-01-78_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, November 1, 1978. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback; Vice Chairman;: James Golladay, Jr.; W. French Kirk; Thomas Rosenberger; Manuel DeHaven; Herbert L. Sluder ABSENT: Elmer Venskoske CALL TO ORDER The-Chairman called the meeting to order and proceeded to the first order of business. Minutes of the Meeting -- October 4, 1978 -- Approved with Corrections October 18, 1978 -- Approved as Submitted page 529 - typographical page 536 - typographical page 542 - paragraph5 -- add quotation marks and add [sic) after square feet Upon motion made by James Golladay, Jr. and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the minutes of the meeting of October 4, and October 18 with corrections. The motion passed with a unanimous vote. BIMONTHLY REPORT The bimonthly report was discussed and accepted as information. CONDITIONAL ZONING Mr. Berg led the Commission in a discussion on Conditional Zoning. He stated one of the questions that had been brought up at the Commission meeting of October 18 was if the Conditional Zoning had to apply to all the zoning districts. Mr. Berg stated he had talked to the State Planning and they had an opinion from the 557 (P /C 11/1/78) p Attorney General's office that if the wording would be such that it shall be allowed in certain districts excluding the zones don't want, then it is their opinion Conditional Zoning could exclude some zoning districts. Mr. Berg stated the only community in the State so far that has taken this approach was Salem and they were advised by their Commonwealth's Attorney that they could not exclude certain districts so they adopted the Conditional Zoning for all the zoning districts. Mr. Berg stated the second:.question was that of spot zoning. He stated that most of the Counties studying this type zoning were very concerned about the spot zoning. He stated the Conditional Zoning would make the Zoning Ordinance more flexible. Mr. Berg noted that the Comprehensive Plan would have to be a strong document to prevent spot zoning. The Commission discussed the Conditional Zoning and it was decided that legal counsel should be consulted as to his opinions regarding the issue of allowing Conditional Zoning in certain sections. Mr. Rosenberger stated he would like to know how other Counties feel about adopting this Conditional Zoning. - - - - - - - - - - - - - - - - - - - - Subdivision Regulations Mr. Berg told the Commission these revisions to the Subdivision Code were the amendments that had been sent back from the Board of Supervisors after they had adopted the Flood Plain Section. It was noted that these regulations would mean that anyone subdividing up to ten acrectracts would have to obtain County approval and meet all the requirements. The Commission held a discussion and it was noted that these regulations had been discussed quite a few times. The Chairman stated he would like the words "up to" under "Subdivide" (b) to be removed. The consensus of the Commission was to remove the two words. 558 (P /C 11/01/78) p 3 Mr. Berg told the Commission the procedure for platting (section 18 -67) was changing the required copies to be submitted from nine to five. A discussion was held and Mr. Rosenberger stated he thought the amendments should be condensed and advertised in the newspaper so the residents of the County would be aware of what was being proposed. Upon motion made by Frank Brumback and sec aided.by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia- -adoes hereby recommend approval to the Board of Supervisors of these subdivision amendments. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman -- YES Mr. Berg told the Commission they had been talking about the Agricultural zones having two different acreages. He suggested with their approval he could start the procedure for making the change from 70,000 square feet to one acre. The consensus of the Commission was that they should discuss this at length before making a decision. PUBLIC HEARINGS Zoning Map Amendment Petition No. 016 -78 of J. P. Darlington, P. O. Box 368, Winchester, Virginia, requesting that 20.282 acres north of and adjacent to Winchester between Baker Lane and Battle Avenue extended now zoned Residential - General District (R -3) be rezoned: Multi - Family Residential District (R06). This property is designated as property identification number 54(A)95 and is in the Stonewall Magisterial District. The Chairman announced that this request had been withdrawn from the Agenda. 559 (P /C 11/1/78) p 4 Zoning Map Amendment Petition No. 017 -78 of Francis P. and Blanche A. Lages 1114 Harvard Drive, Winchester, Virginia, O. Lee Garber Trustee, Donald E. Garber Trustee, Julian F. Garber Trustee, P. 0. Box 67, Winchester, Virginia. J & P Properties, Inc. P. O. Box 824, Windermere, Florida, and Crown Construction Company 131 Market Street, Johnstown, Pennsylvania, requests that 104.159 acres at the southeast quadrant of the intersection of U. S. Route 50 and Route 522 now zoned Business - Limited District (B -1) and Industrial - General District (M -2) and Residential - Limited (R -1) be rezoned: Business - General (B -2). These properties are designated as property identification numbers 64(1)B, 64(1)89, 64(1)4, 64(1)5, and 64(1)101 and are in Shawnee Magisterial District. Action - Recommend Approval Mr. Berg read the application to the Commission. He stated it was being proposed to build a one story masonry and steel shopping mall with a free standing supermarket. Mr. Berg stated there would be approximately 702,000 square feet of gross building. area. He stated the mall would contain three to five retail department stores, retail shops, theaters, restaurants, and paved area. William A. Johnston, Attorney representing Crown America Company, appeared before the Commission. Mr. Johnson stated Crown America Corporation had options to purchase each of the properties described above. A large drawing of the proposed development was presented for the Commissions' viewing. It was noted that the completion date was set for 1982 provided the rezoning was approved. Mr. Johnston stated, at this point, it was not known if the City of Winchester or Frederick County would be serving the proposal with water and sewer. A question was brought up concerning the water run -off. Mr. Johnston stated the engineers had provided a retention basin for the purpose of controlling the surface run -off created by the construction of the site. It was noted that the proposed development would consume about three- fourths (3/4) of the area. A discussion was held regarding the highway and Mr. Johnston stated there would be improvements made to the highways at the developers expense. 560 (P /C 11/01/78) p 5 Nicholas'Pasquerilla, director of construction at Crown America Corp., appeared before the Commission and discussed the highway improvements with them. It was noted that the Highway Department had already issued a permit for an entrance from Route 50 East. Mr. Berg was asked to comment regarding the Airport. He stated there were three areas of the airport zone that would have to be considered. Mr. Berg stated that there would be a requirement that some areas not have a building higher than thirty -five feet and special consideration would have to be given to the exterior lighting. Mr. Johnston told the Commission these situations had been addressed and there did not seem to be a problem. A discussion was held on B -2 zoning versus the Shopping Center Zoning. Mr. Berg stated the Planned Shopping Center Zoning would give the Commission more control of the shopping center development. A brief discussion was held and there being no one appearing in opposition of the petition, the following motion was made by Thomas Rosenberger and seconded by Frank Brumback: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of this rezoning request to the Board of Supervisors. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman -- YES Mr. Rosenberger stated he felt this shopping mall would be a tremendous asset to the County. The Chairman stated the County would welcome the new shopping mall. He stated they liked the name of the mall and the location. 561 (P /C 11/1/78) p 6 Zoning Map Amendment Petition No. 018 -78 submitted by the Frederick County Planning Commission who requests that the properties in Greenwood Heights Subdivision bounded by Route 654 and Route 657 and designated on property identification map 65A, and the properties in Burning Knolls, C. M. Lockhart and Chakalakis lots Subdivisions off Route 657 and fronting Sunset Drive, Plantation Drive, Dixie Belle Drive, Anderson Avenue, Broad Avenue, and Rossum Drive and designated on property identification map 65B, now zoned Agricultural- General District ( -2 ) be rezoned: Residential- General District (R- 3) is located in Shawnee Magisterial District. Action -- Recommend Approval Mr. Berg told the Commission this was a rezoning request initiated by the Commission in order to bring the platted lots in this area into conformation with the zoning. The Commission held a brief discussion and it was noted that this change would be beneficial to the residents of the area. Upon motion made by Frank Brumback and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this rezoning request. The motion passed by the following vote: Kirk; DeHaven;. Golladay, Jr.; Brumback; Rosenberger; Chairman -- YES Zoning Map Amendment Petition No. 019 -78 of Edward and Evelyn D. Shirley Route 2, Box 400, Stephenson, Virginia, requesting that 2.03 acres on the northwest side of U. S. Route 11 about three and one -half (3;j) miles north of Winchester now zoned Agricultural - General ( -2 ) be rezoned: Industrial- Limited District ( -1 ). This property is designated as property identification numbers 44(1)44 and 44(1)45 and is located in Stonewall Magisterial District. Action - Recommendr.Approval Mr. Berg read the application to the Commission and stated there would be a forty foot by sixty foot (40' x 60') steel frame metal building constructed for the storage of parts, pipes and equipment. Thomas Schultz, Attorney representing Mr. and Mrs. Shirley, appeared before the Commission and stated Mr. Shirley had been in the well drilling business for quite some time and in order for him to add this building he would have to have the property rezoned so that he can meet the zoning regulations. He stated 562 (P /C 11/01/78) p 7 Mr. Shirley would be using the building for the storage of equipment and to repair:hissvehicles. A discussion was held about the health facilities and Mr. Sluder stated that no health facilities would be required since there would be no employees staying in the building. Mr. Sluder stated that he had checked the site and a new drainfield could be installed if it became:;necessary::.. A discussion was held about spot zoning and it was noted that there are nearby properties with industrial zoning. Upon motion made by Manuel DeHaven and seconded by James Golladay, Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this rezoning request. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES - - - - - - - - - - - - - - - - - - - - Mr. Berg presented the Commission with a "Development Data Sheet (Residential)" that he had composed for their review. He stated he had been asked to come up with something that would give the Commission more information when a development was proposed. The data sheet would indicate such things as: size of tract, number of dwelling;units to be built and average size, total recreation and open space, construction schedule, developer, population data, roadways and their capacities, trips per day generated by the proposal, sewage treatment and storm water management. The Commission discussed the data sheet and decided it would be very beneficial. 563 (P /c 11/01/78) p 8 Adjournment Upon motion made by James Golladay, Jr., seconded by Frank Brumback and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting; there being no further business. Respectfully Submitted, 4 U Ronald Berg, Secretary MARROW W�� ... , Gord on, 564