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PC_03-06-75_Meeting_Minutes2/ n MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, March 6, 1975 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Manuel DeHaven; C. Langdon Gordon; Maurice W. Perry; James W. Golladay; Richard Madigan; R. Wesley Williams; and H. Ronald Berg. ABSENT: J. William Riley, III. CALL TO ORDER The Chairman called the Meeting to Order and announced that the first order of business was the approval of the Minutes of the • February 6, 1975 Regular Meeting. MINUTES - AMENDED Mr. Golladay stated that on Page 2 of the Minutes, the first paragraph should read the same as the motion. The Members agreed that the wording should be changed. The Chairman stated that the amendment to the Minutes of the Regular Meeting of February 6, 1975 would read as follows: "A short discussion followed between the Members in which it was decided that trucks with capacities of more than one (1) ton would be prohibited from parking in a residential district." Upon motion made by James Golladay and seconded by Elmer Venskoske, • BE IT RESOLVED, That the Planning Commission of the County ,• of Frederick, Virginia, does hereby approve the Minutes of the Meeting of February 6th as amended. The above motion was unanimously approved by roll call vote. ELECTION OF CHAIRMAN, VICE- CHAIRMAN Upon motion made by James Golladay and seconded by Richard Madigan, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby nominate the incombent Chairman and Vice - Chairman for re- election. The above motion was approved as follows: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Madigan, AYE; and Mr. Perry, AYE. SOILS ANALYSIS The Chairman stated that the next order of business was to discuss the proposed Soils Analysis for residential rezoning appli- cations. Mr. R. Wesley Williams of the Winchester- Frederick County Health Department stated that the proposed analysis duplicates what they already have available. He stated that the State Statutes gives local health departments authority to require any soil analysis or evaluation that the health department deems necessary in order to approve or disapprove individual sewage systems. Mr. Williams stated that two things came to his mind. One, if the county gets a soil scientist to evaluate soil for zoning purposes, who in the building department and planning department would interpret those results. Mr. Williams stated that the health department already has Page 2 • the authority to do what the ordinance proposes. He added that they would only be adding another ordinance to the books and making it more difficult for a developer to develop a piece of property. Mr. Williams went on to state that the soils scientist would need to run tests in the drainfield area but added who would tell the scientist where this area would be located. He stated that the health department felt they could give the Commission any informa- tion they might need in case of rezoning certain areas. Mr. Williams added that in cases of a ten (10) lot subdivision, then the health department takes care of this; but added that for a fifty (50) lot subdivision, then a soils scientist would be needed. In short, Mr. Williams stated that the Health Department can see no reason for the proposed ordinance at all. Mr. Berg stated that his concern was whether the health de- partment could provide the information needed in rezoning cases. Mr. Williams stated that they could. He added that they would like to supply the necessary information to the Commission. Mr. Golladay asked if a condition could be placed on a rezoning application stating that the land must be approved preliminarily for development by the Health Department. Mr. K. Williams stated that the Commission and Board, if they wish, could make this a policy on all rezoning applications. Mr. Madigan stated that he was concerned with not all the land being put to a useful purpose in a rezoning request. Mr. Berg stated that all subdivisions are now approved on a lot -by -lot basis. He added that should a lot not perc, then this is stipulated on the plat by the health department. Page 3 M O W 2 • The Chairman stated that since we have the services available, that the Commission take this matter under advisement and see how it works on the next few subdivisions before suggesting any ordinances that need to be changed or added. Upon motion made by James Golladay and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby temporarily shelve this pro- posed ordinance, and BE IT FURTHER RESOLVED, That for the next two or three month period that we observe the new Health Department machinery, and BE IT FURTHER RESOLVED, That it be shelved until that time there is a necessity for an ordinance in 'this area. The above motion was passed by the following vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; 0 Mr.. Venskoske, AYE; Mr. Madigan, AYE; Mr. Perry, AYE; Mr. Williams, AYE. SIGN ORDINANCE The Chairman stated that the next order of business was to discuss the proposed amendment to the sign section of the Zoning Ordinance. Mr. L. Gordon stated that in his opinion, the Commission should discuss this in a work session. Mr. R. Berg stated that this proposed amendment was not final. He added that off - premise signs would no longer be permitted. He added that this ordinance would essentially ban road -side signs and would introduce the small business signs. Mr. M. DeHaven wanted to know how the height of signs would U Page 4 • be controlled. Upon motion made by Richard Madigan and seconded by Langdon Gordon, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby defer this ordinance to a further work session. The above motion was passed as follows: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Madigan, AYE; Mr. Perry, AYE; Mr. Williams, AYE. RESIGNATION - M. W. PERRY The Chairman stated that he had a letter from Mr. Perry addressed to the Commission which read as follows: It is with sincere regret that I find it necessary to resign from The Frederick County Planning Commission. Due to other commitments it will be impossible for me to serve in the best interest of the Commission. It has indeed been a privilege and an honor to have been appointed and to have served on the Commission these past years. Sincerely, /s/ M. W. Perry Upon motion made by Richard Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning-Commission of the County of Frederick, Virginia, does hereby accept Mr. Perry's resignation, and BE IT FURTHER RESOLVED, That this Commission send him a letter expressing our gratitude for a job well done for the service of this committee, Frederick County Board of Supervisors and the poeple of this county. The above motion was passed by the following roll call vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske Page 5 i �J • AYE; Mr. Madigan, AYE; and Mr. Williams, AYE. Mr. Richard Madigan recommended Mr. Frank Brumback to the Commission to replace Mr. Perry in Back Creek District. He added that he felt Mr. Brumback would be an asset to the Commission. �_ b ITEM OF INTEREST Mr. Berg stated that the PEC Newsreporter was included in the Agenda as an "Item of Interest" for the Members. He pointed out the Annual Meeting of the Evionmental Council at Oatlands Plan- tation on Saturday, April 19. It was suggested that any Member wishing to attend this meeting should contact Mr. Berg. PUBLIC HEARING 0 10 AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 5.363 ACRES, MORE OR LESS, OF FRANCIS P. LAGES, LOCATED ON THE SOUTH SIDE OF ROUTE 50 EAST, APPROXIMATELY ONE -HALF (Z) MILE EAST OF INTERSECTION WITH ROUTE 522 SOUTH, IN SHAWNEE MAGISTERIAL DISTRICT; FROM BUSINESS, LIMITED (B -1) TO BUSINESS, GENERAL (B -2). Recommended Approval The Chairman read the application requesting rezoning of 5.363 acres from Business, Limited (B -1) to Business, General (B -2). Mr. R. Berg showed the exact location of the property to the Members. He stated that the right -of -way has been moved so that it is almost directly across from the cross -over onto Route 50. Mr. Joseph Schroth appeared before the Commission and stated that should the rezoning be approved, he plans to construct a modern, clean garage facility and a new automobile dealership. He added that he does not plan to deal in a wrecked car dealership. Page 6 • The Chairman asked approximately what size building Mr plans to put on the site. Schroth Mr. Schroth stated that he could not answer that question at the present time as he has not made plans until the rezoning was ap- proved. He added that it would probably be about the same size as Clarke County Motors on Route 7. Mr. Golladay asked if there would be security lights on at night. Mr. Schroth stated that there would be security lights on after hours. Mr. Golladay asked if there would be any repair work outside. Mr. Schroth stated that all repair work would be done inside 0 the building. or the side street. Mr. Gordon asked which way the building would face; Route 50 Mr. Schroth stated that it would face where it would get the most exposure. The Chairman asked if a sign had been placed on the property advertising the rezoning. Mr. Schroth stated that the sign had been placed on the pro- perty. He added that he had checked the sign that day and that it had blown off its location or was torn off, but that it had been re- placed. Opposition Mr. Berg submitted a letter from Mr. and Mrs. A. J. Bartley a dated March 4, 1975 which read as follows: Dear Mr. Berg: We received a certified letter from Mr. Riley Page 7 informing us of the rezoning of the property on Route 50 East. We are aware of the im- portance of this meeting. Due to illness we are unable to attend the Planning Commission Meeting on March 6, 1975. We would appreciate it very much if you would convey our views, on this rezoning, to the Commissioners. We are definitely against the rezoning of this land, which is situated directly in front of our home. Our home would be in line with the lights from this proposed car lot, G. W. Motors, which would be quite an annoyance to us. We have fought very hard to keep this land in B -1 zoning and we would like to see it remain in the B -1 zone. At this time our whole area is littered with paper and debri from the business already located on the property adjoining this land which is up for re- zoning. We are unable to pick up other people's left overs and trash from our yards. We have worked hard many years to keep our home and area the way we want them, not lit up and littered by others. If this land is rezoned, it would make it available for other businesses which would over -run our home completely. We have lived in this area since March 27, 1951, and we never thought we wuld have to fight to see it kept clean. We are not alone in our feelings. Our whole community has been upset by this mis -use of the land facing our homes. Sincerely, /s/ A. J. Bartley /s/ Mrs. A. J. Bartley J Mr. Shirley Carter appeared before the Commission and stated that the land should remain in a B -1 zone in order to protect it for a shopping center or else put it in the SC zone. He added that if the land was rezoned to B -2, then it would open the area up to a lot 0 of "bulky" businesses. He further stated that the property owners Page 8 c � 2 / • prefer the shopping center over a car dealership. Mr. Carter stated that there were two (2) homes on the south side of Route 50. He went on to explain that there were four (4) property owners: Mr. Ridings, Mr. Carter, Mr. Strosnider and Mr. Lages on the same side. Mr. Carter stated that the car dealership would devalue the two homes, which was a great concern to him. He added that he would not be able to sell his home for what he has put in it should this rezoning request be granted. Mrs. Jan Carter appeared before the Commission and stated that she lives on the North side of Route 50, just across from the proposed car dealership. She added that she agrees with Mr. Shirley Carter entirely. She added that if this land was rezoned to B -2, that it would leave the area wide open for other businesses. • Mr. Shirley Carter stated that one side of the road could not be full of businesses without the other side having businesses also. An unidentified citizen appeared before the Commission and stated that he was afraid that once the rezoning to B -2 was done, then it would allow for more B -2 zoning. He added that the trash from the businesses there now was impossible. He further added that Mr. Lages should donate the land for a park. Mr. Francis P. Lages appeared before the Commission and stated that Mr. Carter's land was approximately 360' from theproposed right- of-way and that Mr. Stronsnider's land was approximately 300' from the property in question. Mr. Schroth appeared before the Commission and stated that he was merely asking to locate a retail business. He added that the I • ordinance excludes a car dealership, which is a retail business from other retail businesses in the B -1 zone. Page 9 �v • Mr. James Golladay stated that some time ago the Board of Supervisors requested that the Planning Commission have the property owners submit an overall plan for the use of the properties of Mr. Lages, Mr. Strosnider and Mr. Garber. He added that in his opinion it would be impossible for the Commission Members to consider this request for rezoning until this overall plan has been submitted. Mr. Schroth stated that he is petitioning the Commission for this rezoning. He added that the Members should consider this pro- blem here and not what the Board of Supervisors might consider later on. He went on to state that one member of the Board requested more information on the properties in question and that he had received the information requested. Mr. Berg stated that the Commission recommended the following • to the Board: 1. The land should remain zoned for business. 2. Some access should be provided to the interior of both properties that would connect Routes 50 and 522. 3. The Commission felt that it is unreasonable to rezone the property on a lot -by -lot basis, rather some of the land should be zoned B -2. So that the best area for B -2 can be designated, the Commission recommends that the property owners join in an overall design of the properties to be used as a guide for the property owners, the Planning Commission and the Board of Super- visors. Mr. L. Gordon stated that in his opinion, it was not the intent that rezonings could not be considered, but that the request was so that the Board and Commission could have a guide as to the wishes of the pro- perty owners. Upon motion made by Manuel DeHaven and seconded by Langdon i • Gordon, BE IT RESOLVED, That the Planning Commission of the County C Page 10 • of Frederick, Virginia, does hereby recommend this five acre tract to be rezoned from B -1 and put into B -2 as requested. The above motion was passed by the following vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, ABSTAINS; Mr. Venskoske, NAY; Mr. Perry, ABSTAINS; and Mr. Williams, AYE. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE .93 ACRES, MORE OR LESS, OF BOYD J. UNGER, JR., LOCATED ON THE EAST SIDE OF ROUTE 522 SOUTH, APPROXIMATELY 2.6 MILES SOUTH OF ROUTE 50 EAST, IN SHAWNEE MAGISTERIAL DISTRICT; FROM AGRICULTURAL, GENERAL (A -2) TO INDUSTRIAL, LIMITED (M -1). Tabled Mr. R. Berg showed the exact location of the property in question to the Members. Mr. Boyd Unger appeared before the Commission and stated that the type of business he plans to run will be a hobby -type business. He stated that not only does he sell a product, but that he also holds classes for the ceramic type business. He went on to explain that it was really a family operation, not an industry. Mr. Under explained to the Members that presently he is working out of a home. He added that he operates about three (3) days a week and that he needed a larger place for his operations. Mr. Unger further added that he plans to use the two -story block building located on the property he is requesting to be rezoned. The Chairman asked about the side yard requirement. Mr. Berg stated that the side yard requirements could not be met. He added that Mr. Unger would have to go before the Board of Zoning Appeals for a variance. • Mr. Golladay asked how many people were in the classes. Mr. Unger stated that there were about 20 people in the class. He added that the classes were held for approximately three (3) hours. Page 11 • Mr. DeHaven raised the question as to whether this type of operation called for an M -1 use. Mr. Berg stated that M -1 called for pottery, figurines, or other similar ceramic products. Mr. Venskoske asked Mr. Unger why he could not continue to operate his business at its present location. Mr. Unger stated that it was mainly due to safety reasons, be- cause of the amount of traffic flow coming in. He added that the pottery made in the classes was taking up a lot of space also. A question was raised by the Members as to why the proposed business must be in an M -1 zone, since it was a retail business. Mr. Perry asked Mr. Unger if he would be making the clay at his business. • Mr. Unger stated that the clay was pre -mixed when he received it. Mr. Gordon asked if Section 10 -1 -21 could be a possibility of permitting Mr. Unger's operation. Mr. Berg stated that the deficiencies for the lot would still remain. He added that a variance would be required. The Chairman stated that the Members felt that this type of operation did not justify an M zoning. He added that because the side yard requirements could not be met no matter what zoning change, that Mr. Unger would still have to appear before the Board of Zoning Appeals for a variance. He further stated that this matter might be taken up in a work session to try to determine which category this type of operation would come under. • Opposition Mr. Sterling Shockley appeared before the Commission and Page 12 �3 �9 • stated that he was opposed to the rezoning of only .92 acres of land to manufacturing. He explained to the Members that he was not opposed to the business locating on the property. He was just opposed to the spot zoning of less than one acre. Mrs. Unger appeared before the Commission and stated that-the first thing they plan to do was to fix the sanitation problem on the land in question due to the run -off into Mr. Shockley's pond. Upon motion made by Langdon Gordon and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby table this rezoning request for further consideration in our work session whereby we might see whether or not. this could be placed in some other category, and BE IT FURTHER RESOLVED, That the Planning Commission will take no action on it until the next Regular Meeting. The above motion was passed with the following roll call vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 18 -5 -1 TO READ: IN ALL RESIDENTIAL DISTRICTS THERE SHALL BE PROVIDED EITHER IN A PRIVATE GARAGE OR ON THE LOT, SPACE FOR THE PARKING OF TWO (2) AUTOMOBILES FOR EACH DWELLING UNIT IN A NEW BUIDLING, OR EACH DWELLING UNIT ADDED IN THE CASE OF THE ENLARGEMENT OF AN EXISTING BUILDING; SUCH PARKING SPACE SHOULD BE BEHIND THE SETBACK LINE. NO COMMERCIAL VEHICLES OR TRACTOR- TRAILERS WITH RATED CAPACITY OF MORE THAN ONE (1) TON SHALL BE PARKED IN A RESIDENTIAL DISTRICT. Recommended Approval Upon motion made by Elmer Venskoske and seconded by James • • Golladay, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend to the Board that they Page 13 • adopt this amendment. The above motion was passed by the following vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 23 -46 TO READ: LOT: A PARCEL OF LAND OCCUPIED OR TO BE OCCUPIED BY A MAIN STURCTURE OR GROUP OF MAIN STRUCTURES TOGETHER WITH SUCH YARDS AND OPEN SPACES AS REQUIRED AND HAVING FRONTAGE UPON'A STREET EITHER SHOWN ON A PLAT OF RECORD OR CONSIDERED AS A UNIT OF PROPERTY AND DESCRIBED BY METES AND BOUNDS. MINIMUM LOT WIDTH AND MINIMUM LOT AREA AS REQUIRED BY THE ORDINANCE SHALL BE COMPUTED ON DRY, BUILDABLE LAND AND SHALL NOT IN- CLUDE LAKES, PONDS, STREAMS OR RIVER AREA. Recommended Approval Upon motion made by Manuel DeHaven and seconded by Maurice • Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend to amend this Section 23 -46 as written. The above motion was passed by the following roll call vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. AN ORDINANCE TO AMEND THE FREDERICK COUNTY DIVISION OF LAND ORDINANCE (SUBDIVISION ORDINANCE) ADOPTED FEBRUARY 13, 1974 TO AMEND SECTION 8 -16 TO READ: LOT: A NUMBERED AND RECORDED PORTION OF A SUBDIVISION INTENDED FOR TRANSFER OF OWNERSHIP OR FOR BUILDING DE- VELOPMENT, CONFORMING TO THE REQUIREMENTS OF THE FREDERICK COUNTY ZONING ORDINANCE. Recommended Approval • Upon motion made by James Golladay and seconded by Langdon Gordon, Page 14 y� • BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginai, does hereby recommend the amendment to Section 8 -16 as read. The above motion was approved by the following vote: Mr. DeHaven; AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 10 -1 -1 TO READ: RETAIL STORES AND PUBLIC AUCTIONS. Recommended Approv Upon motion made by Elmer Venskoske and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby move that Section 10 -1 -1 to read Retail Stores and Public Auctions. • The above motion was passed by the following recorded vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE;and Mr. Williams, AYE. SUBDIVISIONS (Final Plats) 1. Gordondale, Section III - Will contain 11 lots fronting Route 670 in Stonewall Magisterial District. Utilities by septic tank and well; has Highway Department Approval and Health Department Approval. Mr. Randolph Larrick appeared before the Commission and stated that the plat had been tabled at the last meeting pending written approval from the Highway Department. Upon motion made by Manuel DeHaven and seconded by James • Golladay, I BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby move for approval. Page 15 • The above motion was approved by the following vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. 2. Leon Zeiger, Section IV - Will contain 5 lots fronting Route 616 in Back Creek Magisterial District. Utilities by septic tank and well; has Highway Department and Health Department Approval. Upon motion made by James Golladay and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend approval of the five lots of Leon Zeiger. The above motion was approved as follows: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. u 3. Highview Woods, SEction 1 - Will contain 7 lots fronting Route 259 in Back Creek Magisterial District. Utilities by septic tank and central water system; has Highway Department Approval. Mr. Berg stated that the Sanitation Authority has approved the plats for central water and that the Health Department has approved five (5) of the seven (7) lots. Mr. Ben Butler, attorney for Mr. Marvin Sheppard, appeared before the Commission and stated that Lots 15 and 21 were marginal and that with further testing, they may pass Health Department approval. He added that they wanted a conditional approval from the Commission today and in the event that the two lots did not pass Health Department approval, then the plat would have to come back before the Commission is before going to the Board of Supervisors. He further added that there would be no vacant lots. Page 16 y� • Upon motion made by Maurice Perry and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby move to send Highview Woods, Section I of seven lots onto the Board of Supervisors for approval with health approval before it gets to the Supervisors on the seven lots or it will come back to the Planning Commission. The above motion was approved by the following recorded vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. PLAT REVISIONS 1. Garber Subdivision - Division of Lots C and D to plat lots 101, 102, and 103 located on Route 608 in Gaines - boro Magisterial District. Mr. R. Berg stated that there is Highway Department approval • but added that there is no approval from the Health Department. Upon motion made by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby table this until health depart - ment.approval has been received. The above motion was duly withdrawn by Mr. DeHaven. Upon motion made by James Golladay and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby move to approve the subdivision of Lots C and D to create lots 101, 102 and 103 located on Route 608 in Gainesboro Magisterial District subject to health department approval. The above motion was approved by the following recorded vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. i j • 2. Moscarella Subdivision - A 25,000 square foot addition Page 17 • to the rear of lots 8 and 9, fronting Route 643 in Opequon Magisterial District. Mr. Berg stated that the re- subdivision of the Moscarella Subdivision and the Blue Ridge Heights Subdivision stems from the pur- chase of a large tract of land, a portion of which is to be added to each subdivision. Mr. Berg showed the exact location of the subdivi- sions to the Members. Mr. Berg stated that the large tract is being sold and that the people of these two subdivisions are acquiring addition land to the rear of their lots. He added that there would be a strip of land remaining vacant approximately 50 feet wide and 250 feet deep. Mr. Irvin Barb, a representative of Spectrum Properties, appeared before the Commission. He stated that the people in front of the vacant strip of land expressed no interest in purchasing the piece of • property. Mr. Barb added that the party purchasing the large tract of land may want to retain the 50 foot strip for his own use, or he may wish to give the land away..to one of the adjacent property owners. A short discussion followed in which the Members discussed various ways in which to resolve the problem of the 50 foot strip. Upon motion made by James Golladay and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby move that the plat revision of the Moscarella Subdivision be denied till this small fifty (50) foot strip be resolved either by selling it to adjacent property owners or by giving it to them by the owner because it is creating a problem. Discussion Mr. Irvin Barb asked the Members if he would have to come back • before the Commission if the problem of the 50 foot strip was resolved. Motion Amended Page 18 • The above motion was amended by Langdon Gordon and seconded by Manuel DeHaven to read: For approval subject to this being corrected before going to the Board of Supervisors. The above motion with the amendment was approved as follows: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. 3. Blue Ridge Heights Subdivision - Additions to the rear of Lots 13, 15, and 17 fronting a fifty foot right -of- way off Route 643, in Opequon Magisterial District. Upon motion made by James Golladay and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby move to approve that the plat re- vision of the Blue Ridge Heights Subdivision be approved subject to • the correction of the fifty foot strip either by selling it to ad- jacent property owners or by giving it to them by the owner because it is creating a problem before going to the Board of Supervisors. The above motion was approved by recorded vote as follows: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. SITE PLANS 1. E. L. Peters - To construct a self- service gas station on Route 657, next to the Seven - Eleven Store. Mr. R. Berg showed the exact location of the property to the Members. Mr. Tom Chamouris, a representative of the Shenandoah Valley Oil Company, Inc., appeared before the Commission. When asked by the • Commission if Entrance and Exits would be marked, Mr. Chamouris stated that they would. Page 19 SU • Mr. Berg stated that the request meets all zoning requirements. Upon motion made by Langdon Gordon and seconded by Maurice Perry, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby move that this site plan be approved by the Planning Commission and recommended to the Board of Supervisors. The above motion was approved by the following recorded vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. 2. Lester A. Elliott - To construct a self- service gas station at the intersection of Route 50 East and Route 522 South. Mr. R. Berg showed the exact location of the property in ques- tion to the Members. He stated that this was a 15,886 square foot piece • of property zoned B -1. He added that it would contain two (2) islands and three (3) storage tanks. Mr. Berg added that the Highway Depart- ment could not deny this site plan. Mr. Tom Chamouris appeared before the Commission and stated that Mr. Keith Walker stated that this entrance met the requirements of the Highway Department. He added that there would be a thirty (30) foot entrance. Mr. Chamouris further stated that the Delco Plaza sign was encroaching on Mr. Elliott's property. Mr. Chamouris stated that he did not agree with Mr. Berg in that people would take a chance of driving down an one -way street the wrong way in order to reach the intersection. He added that they would be serving what his business calls "going home traffic" in which people on their way home would pull in and get gas and then keep going in the • same direction. Page 20 • Mr. L. Gordon expressed his concern over the traffic congestion. He added that every effort should be exerted for an exit somewhere on the Zayre lot. Mr. Chamouris stated that he is exploring the possibility of obtaining an exit into the Zayre lot. Upon motion made by Langdon Gordon, BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby table this until Mr. Chamouris can get further information as to the absolute possiblities or impossi- bilities of working an exit. Mr. Chamouris requested that this site plan be denied and not tabled. Therefore, Mr. Gordon changed his motion to read: BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby recommend denial of this to the Board of Supervisors. • The above motion was seconded by Manuel DeHaven and passed with the following recorded vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, NAY; Mr. Venskoske, AYE; Mr. Perry, NAY; and Mr. Williams, AYE. 3. Dorsett Russell - To construct a 60' x 30' foot addi- tion to an existing building located on Route 717. Mr. Berrshowed the exact location of the property in question to the Members. He stated that this was the 5 acre tract of Dorsett Russell that was recently rezoned. He further added that there would be twelve parking spaces. Mr. Berg further explained that the Board of Zoning Appeals had granted a Variance to allow the addition to go near the property line. is Upon motion made by Elmer Venskoske and seconded by Langdon Gordon, Page 21 5� • BE IT RESOLVED, That the Planning Commission of the County of Frederick, Virginia, does hereby approve this site plan. The above motion was approved by the following roll call vote: Mr. DeHaven, AYE; Mr. Gordon, AYE; Mr. Golladay, AYE; Mr. Venskoske, AYE; Mr. Perry, AYE; and Mr. Williams, AYE. WORK SESSION Following a short discussion between the Members, it was de- cided that a Special Work Session would be held by the Planning Com- mission on March 20, 1975 at 3:00 P.M. ADJOURNMENT Upon motion made by James Golladay, seconded by Maurice Perry 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. Ronald Berg, Secretary E Page 22