PC_06-19-75_Meeting_Minutes1
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MINUTES OF THE SPECIAL MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors Room, June 19, 1975
PRESENT: Keith Williams, Chairman; C. Langdon Gordon; Manuel
DeHaven; Frank Brumback; James Golladay; Richard Madi-
gan; J.O. Renalds, III; and H. Ronald Berg.
ABSENT Elmer Venskoske.
CALL TO ORDER
The Chairman called the Meeting`to Order and announced that
the first order of business was to discuss the tabled rezoning appli-
• cation of E.L. and Ruth E. Peters.
Mr. Ronald Berg stated that he had not received any informa-
tion from either Mr. Peters or Mr. Massie, his attorney. He went on
to state.that the Sanitation Authority has recommended the Board
of Supervisors to stand by the resolution passed on January 24, 1973
stating which sections the Sanitation Authority would water and
sewer and which sections would be connected to the City's systems.
A lengthy discussion followed in which the Members talked about
the various problems that were stated in the Public Hearing by the
residents of Senseny Heights.
Mr. Berg stated that the problem was the frontage requirement
and not the size of the lots.
• Mr. DeHaven stated that the value of the existing homes, in the
subdivision should be protected,
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• The Members made the following recommendations to be incor-
porated into the Deed of Dedication:
1. There will be 1200 square feet of floor space for
a one -story building, mimimum.
2. There will be 1600 square feet of floor space for
a two -story building, with each floor having 800
square feet, minimum.
3. Must have a 60 -foot right -of -way.
4. Sixty percent of the structure must be brick faced.
5. Must have 12,000 square foot lots.
Upon motion made by Richard Madigan, seconded by Manuel
DeHaven and unanimously approved by roll call vote:
BE IT RESOLVED, That the Planning Commission for the County
of Frederick, Virginia, does hereby move that these recommendations
be presented to Mr. Massie both by telephone and by letter.
• COOPER'S SUBDIVISION
The Chairman stated that the next order of business was to
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discuss the proposed Cooper Subdivision tabled at the Regular Meeting
on June 5, 1975.
Mr. Berg stated that he has both Health Department and High-
way Department approval. He added that it was a hardship case.
Mr. Berg explained to the Members that the lot itself did not
and would not conform to the ordinance. He went on to state that
the two houses,were non - conforming uses, but if the lot was divided,
it still would not conform to the ordinance. Mr. Berg further stated
that he had informed the Coopers that should one of the houses burn
down, that it could not be rebuilt.
• Mr. Gordon stated that the Commission should establish some
sort,of a policy one way or another.
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• Following a short discussion, the following motion was made:
Upon motion made by Frank Brumback, seconded by Richard Madi-
gan and approved unanimousy by roll call vote,
BE IT RESOLVED, That the Planning Commission for the County
of Frederick,•Virginia, does hereby recommend approval of this sub-
division.
DEFINITION— RESTAURANT
Mr. Berg explained to the Members that the owner of the Camelot
Restaurant, located on Route 647 and backs onto Plymn Owen Estates,
is planning an addition which would contain a dance floor and an area
for bands: He added that the neighbors are upset and have obtained
legal counsel.
Mr. Berg went on to state that restaurants are permitted in
• B -1. He went on to read the definition of a dance hall in B -2 which
states under Section 10 -1 -28:
"PUBLIC BILLIARD PARLORS AND POOL ROOMS, BOWLING ALLEYS,
DANCE HALLS, AND SIMILAR FORMS OF PUBLIC AMUSEMENT ONLY
AFTER A PUBLIC HEARING SHALL HAVE BEEN HELD BY THE GOVERNING
BODY ON AN APPLICATION SUBMITTED TO THE BODY FOR SUCH USE..."
Mr. Golladay stated that there is not ample parking. He added
that there will be parking along Route 641.
Mr. Madigan stated that in his opinion that dance halls do not
come under the definition of a restaurant. He added that the owner of
the Camelot Restaurant might be starting something that may be detri-
mental to the subdivision. Mr. Madigan further stated that it was
too close to R.E. Aylor Junior High School.
A lengthy discussion followed in which the Members decided that
• once there was dancing, then it becomes a dance hall which is not per-
mitted in B -1 zoning.
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• Upon motion made by Richard Madigan and seconded by Manuel
DeHaven,
BE IT RESOLVED, That the Planning Commission for the County
of Frederick, Virginia, does hereby move that the definition of a
restaurant is any building which will compensate food or beverages
and are dispensed for consumption on the premises including, among
other establishments, cafes, tea rooms, confectionery shops or
refreshment stands, and excluding dancing of any kind.
The above motion was approved by the following roll call vote:
Mr. Madigan, AYE; Mr. DeHaven, AYE: Mr. Brumback, AYE; Mr. Gordon,
AYE; with Mr. Golladay, ABSTAINING; and Mr. Williams, NAY.
PROPOSED LAND USE PLAN
Mr. Berg stated that he had taken the comments from the Public
Meetings held by the Commission and had rewritten the proposed Plan.
He went on to explain that under the new Agricultural /Forestry /Open
• Space district, he had included two recommendations.
A lengthy discussion followed in which the Members discussed
the development of lots smaller than five acres which would provide
central water and sewer.
Mr. DeHaven suggested that there should be a minimum lot re-
quirement of one acre instead of the proposed five acres. He added
that central water and sewer should be provided for lots of less than
one acre.
Mr. Gordon stated that recommendation #2 should read:
"...will be provided central water and sewer service..."
Mr. Madigan stated that he would like to see developments with
lots smaller than one acre provided with water and sewer.
• The Members discussed the various problems concerning under-
ground caverns and water sheds, i.e. the polluting of wells, etc.
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• Upon motion made by James Golladay and seconded by Langdon
Gordon,
BE IT RESOLVED, That the Planning Commission for the County
of Frederick, Virginia, does hereby move to recommend that no change
be made in current subdivision practice of exempting five -acre lots,
and family tracts, and
BE IT FURTHER RESOLVED, That developments with lots smaller
than five acres will be provided with central water and sewer service
and streets at the expense of the developer, and
BE IT FURTHER RESOLVED, That this be incorporated into the
Agricultural /Forestry /Open Space District.
The above motion was approved with Mr. Golladay, Mr. Gordon,
Mr. Brumback and Mr. Williams voting AYE; with Mr. Madigan and
Mr. DeHaven ABSTAINING.
The Members discussed the Urban District which met with their
approval. They also agreed with the two recommendations at the end
• of that district.
A lengthy discussion followed on the Highway Development Dis-
trict. The district stresses cluster -type developments with shared
driveways along the major highways. The Members decided that sub-
divisions should be designed with collector streets. It was also
decided that residential uses should have a frontage of 300 feet and
a minimum of three acres along the major highways. The Commission
further decided that commercial uses would have a lot length to width
ratio of 2.5.
The Members briefly discussed the Industry District and the
Business and Commercial District in which no recommendations were
• made.
The Commission Members decided to hold a Public Hearing on
the proposed Land Use Plan either in July or August.
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• THERE BEING NOTHING FUTHER TO COME BEFORE THE COMMISSION,
THE MEETING WAS ADJOURNED.
Respectfully submitted,
T
H. Ronald Berg, Secretary
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