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.
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•
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).
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• 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
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• 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
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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
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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
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• 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
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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�
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