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PC_03-07-74_Meeting_Minutes• MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room, March 7, 1974 PRESENT: Richard F. Madigan; C. Langdon Gordon; Manuel C. DeHaven; and R. Wesley Williams. ABSENT Keith Williams; James W. Golladay, Sr.; and Maurice W. Perry. Due to the absence of the Chairman and the Vice- Chairman, the following motion was made: • Upon motion made by Elmer Venskoske and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby elect Richard Madigan as Acting Chairman. The above motion was passed unanimously. CONDOMINIUM HOMES The Chairman announced that the first order of business was an inquirey of Mr. Peter Cerick, from Herndon, to rezone approximately 14 acres behind Town and Country Department Store for the construction of Condominium Homes. Mr. Cerrick appeared before the Commission and stated that there was a Contract between him and Mr. Lages to sell the • property in question. The inquirey being made was the question of water and sewer. Would the County be able to supply water and sewer or • would Mr. Cerick supply his own? After a short discussion, Mr. Madigan stated that there was to be an interim plant and that what Mr. Cerick was proposing was a little premature. B -1 ZONING A short discussion followed concerning the lands of Mr. Place, Mr. Herring, and Mr. Solenberger located North of Route 7 and at the intersection of Interstate 81. Mr. Berg showed the Members the exact location of the lands in question on the Zoning Map. Another short discussion followed concerning a piece of land owned by Mr. Herring located East of Stephens City on • Route 277. Mr. Berg again showed the Members the exact location of the land in question. After a short discussion, it was agreed to hold Public Hearings to rezone these two (2) properties. QUESTIONNAIRES Mr. Berg stated that Questionnaires had been sent out in cooperation with the VPI Extension to gather data for the Comprehensive Plan. He added that he would like to hold meetings in each Magisterial District so that the residents of the County may further comment on the questionnaire and the County in general. • Mr. Berg further added that he would like the Members to suggest the best places for these meetings. It was agreed that there should be at least two (2) meetings per district. Page 2 After a short discussion, the meeting places were is agreed upon and the time was stated for 7:30 P.M. with the meetings to be held the 2nd or 3rd week of April. REGULAR SESSION The Chairman read the announcement concerning the cut -off date for rezonings, Site Plans and Conditional Use Per- mits for the Meeting on April 4, 1974. RESOLUTION Upon motion made by Elmer Venskoske and seconded by C. Langdon Gordon, BE IT RESOLVED, By the Planning Commission of the County of Frederick, Virginia, that the following policy be hereby established for public hearings: Representatives of both sides of an issue considered at public hearing will be allowed a maximum of twenty (20) minutes each for their representations and each side will be allowed a maximum time of ten (10) minutes each for rebutting the opposing side. Dis- cussion in excess of this time will be allowed only upon a motion duly made and passed by the Planning Commission. The Commission will receive evidence, exhibits, etc., in advance of the public hearing should individuals desire to present same in order to expedite the public hearing. The above motion was passed unanimously. S U B D.I V I S I O N S ZEA LOTS RECOMMENDED APPROVAL This subdivision is a Final Plat and is located South • of Stephens City and West of Route 11 and contains two (2) lots. The Health Department has approved it. There is no word from the Highway Department. Page 3 Recommended Impact Fee - $200. • The Staff Recommends approval. Upon motion made by Manuel DeHaven and seconded by C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to the Board of Supervisors this Final Subdivision Plat. The above motion was passed unanimously by roll call vote. CABANISS SUBDIVISION RECOMMENDED APPROVAL This subdivision is located off Route 608 and 619 in Back Creek Magisterial District and contains 12 lots and is zoned R -1. • The Health Department has approved the subdivision on and individual lot basis, but added that there may be as high as a 50% disapproval of lots. The Staff recommended approval on condition that the Deed of Dedication have a guaranty that the lots pass percolation tests before selling. Upon motion made by C. Langdon Gordon and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval on-condition that this stipulation be in the Deed of Dedication guaranteeing that the lots will pass the percolation test. The above motion was passed unanimously by roll call vote. ,• GRIMES CONDITIONAL USE PERMIT RECOMMENDED APPROVAL The Secretary read the application of Dr. Jerry Grimes Page 4 �, 3 requesting a Conditional Use Permit to construct a Veterinary ® Hospital situated at Garber Road between Route 522 South and Interstate 81, in Shawnee Magisterial District. This hospital will be one (1) story high and will have no basement. Dr. Grimes submitted a letter to the Commission out- lining the Land Use Proposal (attached). Upon motion made by Elmer Venskoske and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to the Board of.Supervisors this Conditional Use Permit with the conditions presented by Dr. Grimes in his Land Use Proposal. The above motion was passed unanimously by roll call vote. • GILES CONDITIONAL USE PERMIT RECOMMENDED APPROVAL The Secretary read the application of Richard (Dick) Giles requesting a Conditional Use Permit to operate an Antique Shop located on the North side of Route 657 (Senseny Road), opposite Burning Knolls Subdivision, in Shawnee Magisterial District. Mr. Giles stated that he plans to convert his existing four (4) car garage into a shop that would house his antiques. Upon motion made by C. Langdon Gordon and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to the Board of Supervisors this Antique Shop with the condition that everything must be kept under roof. ® The above motion was unanimously passed by roll call I vote. Page 5 P U B L I C H E A R I N G AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 20.66 ACRES, MORE OR LESS, OF HOWARD 0. MEUCHE AND GATES B. ODENCE, LOCATED ON THE NORTH SIDE OF ROUTE 50 WEST, AND SITUATED EAST OF ITS INTERSECTION WITH THE WINCHESTER AND WARDENSVILLE RAILROAD, IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO INDUSTRIAL, GENRAL (M -2). Mr. Douglas M. Swift, Jr. appeared before the Commission in favor of the application. He was representing Mr. Clinton Ritter, Sr. who had an option to buy this property pending the zoning change. Mr. Swift stated that Mr. Ritter planned to erect a • sawmill and wood product assembly operation. A map was brought forth to show the Members where he plans to put certain aspects of the operation should the rezoning be granted. A short discussion followed in which Mr. Ritter, Mr. Swift, and the Members of the Commission viewed the proposed operation as outlined on the map. No on appeared in opposition. Upon motion made by Manuel DeHaven and seconded by C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this rezoning from A -1 to M -2. The above motion was passed unanimously by roll call vote. • , AN ORDINANCE TO AMEND THE.ZONING ORDINANCE ADOPTER NOVEMBER 1, 1973 TO REZONE 27.84 ACRES, MORE OR LESS, OF FREDERICK COUNTY Page 6 FRUIT GROWERS' ASSOCIATION, INC.,.LOCATED ON THE WEST SIDE OF ROUTE 522 NORTH ADJOINING THE NORTH CORPORATE LIMITS OF THE CITY OF WINCHESTE, VIRIGNIA, IN GAINESBORO MAGISTERIAL DISTRICT; FROM BUSINESS, GENERAL (B -2) AND RESIDENTIAL, GENERAL (R -3) TO AGRI- CULTURAL, LIMITED (A -1). Mr. Joseph P. Dorsey, President of the Fruit Growers' Association, appeared before the Commission requesting an enlarge- ment of the Labor Camp. Mr. Dorsey presented.pictures showing what was done to the land next to the City Limits. Mr. Dorsey stated that he plans to hold the buildings way back from the East side of the property. He added that they would not be enlarging the number of people employed. Upon motion made by Elmer Venskoske and seconded by • Manuel DeHaven, BE IT RESOLVED, That -the Planning Commission of Frederick County does hereby recommend approval to amend the Zoning Ordinance as stated above to the Board of Supervisors. The above motion was passed unanimously by roll call vote. AN ORDINANCE TO AMEND THE ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ESTABLISH SECTION: 2 -1 -22 F. HOUSING FOR AGRICULTURAL WORKERS Upon motion made by C. Langdon Gordon and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors to add Section 2 -1 -22 F. Housing for Agricultural Workers. The above motion was unanimously passed by roll call vote. Page 7 _�-1 FREDERICK COUNTY FRUIT GROWERS' ASSOCIATION CONDITIONAL USE PERMIT RECOMMENDED APPROVAL The Staff had no recommendations. Upon motion made by Manuel DeHaven and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of the Con- ditional Use Permit to the Board of Supervisors. The above motion was.unanimously passed by roll call vote. MANUEL SUBDIVISION THE DIVISION OF 25 ACRES, MORE OR LESS, INTO 18 LOTS TO BE KNOWN AS THE MANUEL SUBDIVISION. THIS PROPOSED SUBDIVISION IS LOCATED ® AT THE NORTH -EAST CORNER OF THE INTERSECTION OF ROUTES 625 AND 633 IN OPEQUON MAGISTERIAL DISTRICT. This subdivision is a Preliminary Plat and will contain 11 lots which will be one (1) acre in size with a frontage of 150 feet. Corner lots must have a frontage of 200 feet. The Staff noted that there is drainage across Route 633. The Health Department has given approval on an individual lot basis. There will be only single - family dwellings. Mr. Ken Kisner appeared before the Commission in favor of the Subdivsion. He stated that there would be individual water and sewer systems. The question was raised on wether the subdivision was in good planning with the County. This statement was made be- cause some individuals felt that the subdivision was too far out in the County and would be away from many of the services, such as grocery stores, service stations, drug stores, etc. Mr. Ben Butler, attorney for Mr. Kisner, appeared be- fore the Commission.and stated that the subdivision was for the people already here in the County and that the Commission did not have the power to approve or disapprove this subdivision because of the location. A question of the general shape of the subdivision was made after which Mr. Kisner supplied the Members with topographic maps of the area. Mr. John Pickeral came forward to speak in opposition of the subdivision. He stated that he owned land laying opposite the proposed subdivision. Mr.- Pickeral wanted to know about the Deed of Dedication as to dwelling size, price, etc. Mr. Berg read the Deed of Dedication which explained what Mr. Pickeral wanted to know. Mr. Pickeral stated that he was objecting for the following reasons: 1. Inadaptability of terrain and drainage. 2. The agricultural surrounding. 3. Possible depreciation of surrounding land. 4. Subdivision will lay along narrow Route 625 and unimproved Route 633. 5. Nearest town is Middletown. 6. Subdivision will be approximately 11 miles from U. S. Route 11. Mr. Butler appeared in rebuttle to Mr. Pickeral's objections. He stated that single - family dwellings were allowed in agricultural zoning. He added that a subdivision was allowed in this zone. Mr. Butler further stated that Mr. Pickeral was just speculating. Page 9 12 � , Mr. Alfred Snapp appeared before the Commission in opposition to the proposed subdivision. He stated that he was opposed to taking farm land and putting it to this use. He added that it would ruin the County by putting a subdivision in this location. Mr. Snapp further stated that he was worried about the safety of the children in this subdivision. Upon motion made by C. Langdon Gordon and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to the Board of Supervisors this preliminary subdivision subject to State Highway and Health Department approvals. The motion was defeated by the following vote: Mr. Venskoske, Mr. Madigan voting Nay with Mr. DeHaven and Mr. Gordon voting Aye. Upon motion made by Elmer Venskoske and seconded by C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby move to refer this tb the Commonwealth Attorney and that it be reviewed'at the next meeting. The above motion was passed unanimously by roll call vote. C O N D I T I O N A L U S E P E R M'I T S FOREST LAKE MOBILE HOME PARK DEFERRED The Secretary read the application of Mr. H. Ray. VanDyke requesting a Conditional Use Prmit to operate a 138 acre Mobile Home Park. Mr. John Chipman, attorney for Mr. VanDyke appeared before the Commission and stated that Mr. VanDyke had an option Page 10 to buy the land in question from Mr. T. G. Adams pending approval of the Conditional Use Permit. Mr. Chipman stated that Mr. Van- Dyke would be the sole operator of the park. Mr. BErg showed the Commission the map showing the pro- posed park should the application be approved. He stated that there were 399 lots indicated on the map but that the Conditional Use Permit was for a maximum of 450 lots. Mr. Berg added that 28 acres would be set aside for recreation purposes. Mr. VanDyke stated that there would be approximately 90 units developed each year over a 52 year period. He stated that there would be central sewer with water being supplied by well. When asked about fire protection, Mr. VanDyke stated • that there would be fire hydrants located throughout the park. Mr. Madigan raised the question of an impact statement. Mr. VanDyke stated that he had two (2) impact studies. 1. The effect upon the Frederick County Schools. 2. A tax evaluation. When question about State Water Control Board approval, Mr. VanDyke stated that the reason for not having final approval was that the Water Control Board wanted approval from the County first. A lengthy discussion followed in which the Commission and Mr. VanDyke talked about the State Water Control Board and the impact studies that had been presented. Mr. Charles Boyd appeared before the Commission. He stated that he was only interested in the mobile home park as a tax payer. He wanted to know what kind of impact the park would have on the County. Page 11 r Mr. Boyd was told by the Commission that this question • could not be answered until further study was made. Upon motion made by C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval subject to State Water Control Board approval and design changes that will be necessary to conform with local ordinances.. The above motion died for lack of a second. Upon motion made by Manuel DeHaven and seconded by Elmer Venskoske, BE IT RESOLVED, That-the Planning Commission of Frederick County does hereby postpone this Conditional Use Permit for further study. The above motion was unanimously passed by roll call vote. TRUS JOIST • RECOMMENDED APPROVAL The Secretary read the application of Trus Joist to add a storage shed on Route 11 South in Opequon Magisterial District. Mr. Berg showed the Members the exact location of the propose shed. Upon motion made by Elmer Venskoske and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this Condi- tional Use Permit to the Board of Supervisors. The above motion was unanimously passed by roll call vote. • FLOYD RITTER RECOMMENDED APPROVAL Page 12- a The Secretary read the application of Mr. Ritter to • expand an existing mobile home court (Hilltop Mobile Home Court), four (4) spaces, located on Route 522 South and Route 646 in Shawnee Magisterial District. The mobile home court consists of 16 acres. After a short discussion on the location of the mobile home court, the following motion was made: Upon motion made by Manuel DeHaven and seconded by C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of the additional four (4) spaces to the Board of Supervisors. The above motion was passed unanimously by roll call vote. • EARL HAINES TABLED The Secretary read the.application of Earl Haines to add an Office on Route 7 in Stonewall Magisterial District. Due to the absence of Mr. Haines, the following motion was made: Upon motion made by Manuel DeHaven and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby table this application until the next regular meeting. The above motion was unanimously passed by roll call vote. ROBERT O'CONNOR WITHDRAWN Page 13 PF ■ Mr. Clinton Ritter, attorney for the Commission, sub- • mitted a letter to the Members on the application of Mr. O'Connor. After a short discussion, it was agreed that the County had no jurisdiction in this matter. LESLIE A. MOGLE RECOMMENDED APPROVAL The Secretary read the application of Mr. Mogle to establish a bicycle shop with sales and repairs, located off Route 647 and adjacent to Interstate 81 in Opequon Magisterial District. Mr. Mogle appeared before the Commission and stated that the property in question was approximately 3/4 mile North of Robert E. Aylor School. • Upon motion made by Manuel DeHaven and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to the Board of Supervisors this application with the condition that all operations be under cover. The above motion was unanimously passed by roll call vote. UNISIL CORPORATION RECOMMENDED APPROVAL The Secretary read the application to construct an Office Building, located in Gore, Virginia in Back Creek Magisterial District. Mr. Bill Whetherall appeared before the Commission • in favor of the application. Upon motion made by Manuel DeHaven and seconded by Page 14 i C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this Condi- tional Use Permit to the Board of Supervisors. The above motion was passed unanimously by roll call vote. ADJOURNMENT Upon motion made by Manuel DeHaven and seconded by C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby adjourn the meeting. The above motion was passed unanimously. Respectfully submitted, H. Ronald Berg, Secretary James W. Golladay, Chairman 5 Page��+ fi LAND USE PROPOSAL Location of Property: Just East of Winchester in Shawnee Magisterial District, Frederick County, Virginia. The property is bordered by old Route 522, Interstate 81, the Ramada Inn, the Federal Land Bank, James A. Garber, and Mr. and Mrs. Cassell Biggs. Size of Property: 2.111 Acres Currant Zoning of Property: B2 j Current Use of Property: Residential Proposed Use of Property: Residential and a veterinary Medical Clinic Owner of Property!and Residences Jerry L. Grimes, D.V.M. Description of Clinic: The building was designed to be solidly constructed and provide a professional appearance. An attempt was made to blend the design with existing surrounding buildings. The exterior will be hardboard siding with a shingle roof.. The size is 28 feet by 55 feet. The interior of the building consists of a waiting room, two exam rooms, clinic office, pharmacy and laboratory, treatment area, surgery suite, X -Ray and darkroom, doctor's office, ward'for in- patients, rastroom and a room for heating and air conditioning equipment. The ward area will have stainless steel cages and runs. This entire area will be inside the building to prevent noise from annoying neighboring residents. water and sever lines are available. Adequate space is available to provide parking and a states maintained road provides easy access.