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PC_01-02-75_Meeting_MinutesMEMO -• MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, January 2, 1975 PRESENT: Elmer Venskoske, Vice - Chairman; Richard Madigan; Manuel DeHaven; C. Langdon Gordon; Maurice Perry; J. William Riley, III; H. Ronald Berg; Clinton Ritter, Jr.; and J. Robert Russell. ABSENT Keith Williams, Chairman; James Golladay; and R. Wesley Williams. CALL TO ORDER Due to the absence of the Chairman, the Vice - Chairman called the Meeting to Order and announced that the first order of business was the approval of the Minutes of December 5, 1974. MINUTES - APPROVED The Chairman asked if there were any corrections and /or additions to the Minutes of December 5, 1974. Upon hearing none, the following motion was made: Upon motion made by C. Langdon Gordon and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby approve the Minutes of December 5, 1974 as written. The above motion was unanimously approved by roll call vote. • MEETING DATE SET • Following a short discussion between the Members, it was decided that the Regular Meetings of the Frederick County Planning Commission during 1975 would be held the first Thursday of every month at 2:00 P.M. in the Board of Supervisors Room. This meeting date was approved unanimously by the Members. PROPERTY USE The Chairman stated that the next order of business was to discuss the planning and future use of properties bounded by Routes 50 East, 522 South, Winchester Airport and Carpers Valley Country Club. Mr. R. Berg explained to the Members that two (2) pro- posals had been suggested for the use of the property in this area by the adjoining property owners. He added that these proposals also dealt with the design of the area. Mr. Berg stated that the first proposal suggested com- mercial uses along the road frontage with single- family homes ex- tending back almost to the airport property. The second proposal would contain an interior access road with single - family homes, apartments, and professional offices. Following a lengthy discussion, it was decided that this matter would be taken up in a Work Session so that all surrounding property owners could be present to express their views. ROUTE 11 NORTH The Chairman stated that the next order of business was • to discuss the zoning of properties along Route 11 North starting at the City Limits of Winchester and extending to Frederick Block Co. Page 2 • Mr. Berg explained to the Members that Mr. Dennis T. Cole has requested the Planning Commission to look into the zoning of this area. He went on to state that the right side of Route 11 North consisted of the Gulf Oil Co., which was zoned M -2; the Tastee Freeze which was zoned R -1; Davenport Insulation; Frederick Block; and then two (2) houses. The left side of Route 11 consists of Weber's Nursery, which was zoned A -2; the Checker Station; two (2) houses; and then the BP Storage. Mr. Berg further explained that with the exception of Weber's Nursery and Gulf, the area was now zoned residential. Following a short discussion, it was decided that this • matter should be discussed at length in a Work Session. WORK SESSION DATE The Chairman stated that the next Work Session would be held on January 16, 1975 at 2:00 P.M. in the Board of Supervisors Room to discuss the properties bounded by Route 50 East, 522 South, the Winchester Airport, and Carpers Valley Country Club; the zoning of properties along Route 11 North; an amendment to regulate the parking of trucks in subdivisions; and a request from Mr. Everett Emerson requesting permission to operate a historic blacksmith shop and general store. PUBLIC HEARINGS • AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 837 ACRES, MORE OR LESS, OF LAKE HOLIDAY ESTATES, INC., FRONTING ON THE WEST SIDE OF ROUTE 703 AND BOUNDED BY THE WEST VIRGINIA LINE, IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO RESIDENTIAL RECREATIONAL COMMUNITY (R -5). Page 3 • Recommended Approval Mr. Harold Moss appeared before the Commission requesting a rezoning of 837 acres from A -1 to R -5. He stated that they are planning to have hiking, biking, and horseback riding. He added that there are several sites being considered for lakes. Mr. Moss further stated that there was a potential school site. Mr. Moss showed the Members a projected Tax Revenue starting with the year 1970 through the year 1980. Mr. Moss showed the exact location of the property requested to be rezoned to the Members. A question was raised concerning which name the rezoning request was being made under. Mr. Moss explained that the project name was LAKE HOLIDAY ESTATES, INC., with the trade name being THE • SUMMIT. It was suggested that this clarification should be made on all requests for rezoning or subdivision of land. Mr. E. W. Carpenter appeared before the Commission and ex- pressed his views concerning the proposed rezoning. He stated that he was not opposed to the request. Mr. H. A. Lee appeared before the Commission and stated that he was concerned about where the line was between Virginia and West Virginia. The Commission stated that this was the responsibility of surveyors. Upon motion made by C. Langdon Gordon and seconded by Richard • Madigan, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend this change of zoning Page 4 • to the Board of Supervisors. The above motion was passed by the following recorded vote: Mr. DeHaven, AYE; Mr, Gordon, AYE; Mr. Madigan, AYE; Mr. Ven- skoske, AYE; and Mr. Perry ABSTAINS. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 10 -1 -18 TO READ: MOTOR VEHICLES SALES AND /OR SERVICE: A BUILDING OR SPACE USED FOR COMMERCIAL PURPOSE AND USED FOR SALES, HIRE, STORAGE OR REPAIR OF MOTOR VEHICLES, BUT SHALL NOT INCLUDE STORAGE OF DISMANTLED OR WRECKED MOTOR VEHICLES OR A SERVICE STATION. Recommended Approval Upon motion made by Richard Madigan and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend this ordinance for • adoption to the Board of Supervisors. The above motion was unanimously approved by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 12 -1 -2 TO READ: AUTOMOBILE ASSEMBLING, PAINTING, UPHOLSTERING, REPAIRING, REBUILDING, RECONDITIONING, BODY AND FENDER WORK, PUBLIC GARAGE, TRUCK REPAIRING, OR OVERHAULING, TIRE RETREADING OR TIRE RECAPPING. Recommended Approval Upon motion made by Manuel DeHaven and seconded by Richard Madigan, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, 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 ZONING ORDINANCE ADOPTED Page 5 1. • NOVEMBER 1, 1973 TO AMEND SECTION 23 -30 TO READ: GARAGE, PUBLIC: A BUILDING OR PORTION THEREOF, OTHER THAN A PRIVATE GARAGE, DESIGNED OR USED FOR SERVICING, REPAIRING OR EQUIPPING OF MOTOR - DRIVEN VEHICLES; BUT NOT INCLUDING SERVICE STATIONS OR AUTO SALES AND /OR SERVICE. Recommended Approval Upon motion made by Richard Madigan and seconded by C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend adoption of this ordinance to the Board of Supervisors. The above motion was passed unanimously by roll call vote. SUBDIVISIONS subdivision to the Members. He stated that this section would con- tain 147 lots. Mr. Berg further added that the Highway Department and the Sanitation Authority have approved this subdivision. He stated that the lots were large enough for a 30' x 40 house. Upon motion made by Langdon Gordon and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend approval subject to approval of regulatory agencies. The above motion was unanimously approved by roll call vote. 2. Zeiger Subdivision, Section 4 - Final Plat • Mr. Berg showed the exact location of the proposed sub- division to the Members. He stated that there would be six (6) lots Page 6 1. Lake Holiday (The Summit), Section 9 - Final Plat • Mr. Berg showed the exact location of the proposed subdivision to the Members. He stated that this section would con- tain 147 lots. Mr. Berg further added that the Highway Department and the Sanitation Authority have approved this subdivision. He stated that the lots were large enough for a 30' x 40 house. Upon motion made by Langdon Gordon and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend approval subject to approval of regulatory agencies. The above motion was unanimously approved by roll call vote. 2. Zeiger Subdivision, Section 4 - Final Plat • Mr. Berg showed the exact location of the proposed sub- division to the Members. He stated that there would be six (6) lots Page 6 ;r 7 • to be located on Route 616 in Back Creek Magisterial District. He added that the Health and Highway Departments have approved this section preliminarily. Mr. Berg further stated that the lots sloped down to a pond in the back. Mr. Ben Butler appeared before the Commission representing Mr. Leon B. Zeiger, owner of the subdivision. He explained to the Members that the lots have been approved by the Health Department on a lot -by -lot basis. He further added that the pond was a little over one (1) acre. A short discussion followed in which the safety factors of the pond were discussed and the possible effects it would have on the septic systems on the lots. It was decided that legal advise was needed to determine if the lot requirement could include a pond. • RECESS The Chairman declared that there would be a five (5) minute recess in order to give the Commission's attorney time to attend the Meeting. MEETING RECONVENED The Chairman called the Meeting to Order and stated that it was once again in Regular Session. He explained to Mr. Clinton Ritter, attorney for the Commission, that the problem involved whether the lot requirement of 40,000 square feet could include a part of a pond or whether it had to be 40,000 square feet of dry land. Mr. Ritter stated that the ordinance as it now reads does • not stipulate whether the lot size requirement had to be strictly dry land. He further added that as long as the Health Department approves Page 7 0 • the lots, then the subdivision can be approved. Upon motion made by Richard Madigan and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend approval of the Final Plat of this subdivision subject to the Health Department's final approval. The above motion was approved by the following recorded vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Madigan, AYE; Mr. Perry, AYE; and Mr. Venskoske, AYE. AMENDMENT TO ORDINANCE Upon motion made by Richard Madigan and seconded by Manuel DeHaven, • BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby request Mr. H. Ronald Berg to draft an amendment setting forth the square feet of dry land to be approved for a subdivision. The above motion was passed unanimously by roll call vote. ADJOURNMENT Upon motion made by Richard Madigan, seconded by Langdon Gordon and unanimously approved, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia does hereby adjourn its Regular Meeting. Respectfully submitted, H. Rona Berg, Secretary • D� E mer Vens os e, Vice -C airman