Loading...
PC_07-11-74_Meeting_Minutes//0 MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, July 11, 1974 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Langdon Gordon.; Manuel DeHaven; James Golladay; Richard Madi- gan; M. W. Perry; R. Wesley Williams; J: William Riley; J. 0. Renalds,III; and Ronald Berg CALL TO ORDER The Chairman called the Meeting to Order and stated that the first order of business was a meeting with the Winchester Citizens Association who are concerned about the apartment zoning of the Butler Tract in the Smithfield Farms Subdivision. H. M. BROOKS WINCHESTER CITIZENS ASSOCIATION Mr. H. M. Brooks, Vice - President of the Winchester Citizens Association appeared before the Commission. He stated that the Citizens were not against this type of housing. He added that they were concerned with the traffic from schools, industries, etc., that will create a hazard. Mr. Brooks further stated that there would be provisions made on the County side for this traffic, but that there would be no provisions made on the City of Winchester's side. Mr. George W. Jones appeared before the Commission to state the proposition of the Winchester Citizens Association. He stated that he would like the Commission to recommend that Butler Drive be put through the County. He stated that the Drive would start • about in the area of Carke Chrysler Plymouth or further back, and go through the area of the new shopping center and Butler Develop- ment and Route 522 South. Mr. Jones stated that if the County did this, then it would save 221 people from being dislodged from their homes, 70 houses from being detroyed, and will save about 1000 people from being affected economically. Mr. Jones then showed a map to the Members with the proposed relocation of traffic into the City of Winchester. Mr. Jones stated that if Butler Drive went through as being proposed, that there would be no disruption of homes, no distruction to the City, and all the thru traffic would go to Routes 522, 50 West, 11 North and I -81 A short discussion followed in which Mr. Jones outlined the • advantages of the proposed route to the Commission. Mr. Jones requested that there be a buffer zone in-the Butler area between the City line and the buildings, so that traffic could not go on the City streets. The Chairman stated that the Commission would take the sug- gestion made by the Winchester Citizens Association under consider- ation and would discuss it at the next Regular Work Session at which time a recommendation would be made to the Board of Supervisors. M -1 AND M -2 DISTRICTS Mr. Berg explained to the Members that the Board of Supervisors had raised questions on the buffer zone in the M -1 and M -2 districts. • He stated that the Board felt that the buffer zone was too much. Therefore, the M -1 and M -2 Zoning Districts were returned to the Planning Commission for further study. Page 2 Following a short discussion between the Members concerning the buffer zone, it was decided that the M -1 and M -2 districts should remain as written. Upon motion made by James Golladay and seconded by M. W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does.,hereby reommend that M -1 and M -2 remain as written to the Board of Supervisors. The above motion was passed with Mr. Perry, Mr. Gordon, Mr. Golladay, Mr. Venskoske and Mr. Madigan voting AYE; with Mr. DeHaven voting NAY. BOND SECTION DIVISION OF LAND ORDINANCE Mr. Berg read the Bond Section of the Division of Land Ordinance to the Members as it now reads. Mr. Golladay stated that the main objection he had to that section was that the bond section would tie the money up for six (6) months to one (1) year. Mr. Madigan stated the proposed new "Bond" section would give the Board of Supervisors the authority to determine what they considered as satisfactory surety of a bond. He added that there would be dedication for public use which would help clarify what citizens seem to believe is public use. After a short discussion between the Members, the following motion was made: Upon motion made by Richard Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend that the Board of Supervisors approve Section 4 -13 Bond in the Division of Land Ordinance to read as follows: Page 3 � // 3 4 -13. BOND: Before any subdivision plat will be finally approved • and before acceptance of dedication for public use of any right -of -way located within any subdivision which has con- structed therein, or proposed to be constructed therein, any street, curb, gutter, sidewalk, drainage or sewerage system or other improvement, financed or to be financed in whole or in part by private funds only if the owner or developer (1) certifies to the governing body that the construction costs have been paid to the person constructing such facilities, or (2) furnishes to the governing body a certified check in the amount of the estimated costs of construction or a bond, with surety satisfactory to the governing body, in an amount sufficient for and conditioned . upon the construction of such facilities. The above motion was passed unanimously by roll call vote. PRESERVATION OF HISTORICAL SITES The Chairman stated that Mr. Ben Belchic of the Winchester- Frederick County Historic Society had brought to him a copy of the legislature of the Code of Virginia (1950), as amended, Section 15.1 -503.2 on the Preservation of Historical Sites. Mr. Belchic had requested that the Chairman ask the Commission to petition the Board of Supervisors to in turn petition the State Legislature to include Frederick County in this legistation. S U B D I V I S I O N HYDE LOTS - FINAL APPROVED Mr. Berg submitted a copy of the Hyde Lots, Final Plat to Page 4 the Commission Members for their inspection �7 He stated that this plat contains two (2) lots and added that there were already homes on the lots. He stated that the Health and Highway Departments had approved the lots and the Recreation Department recommended a $200 impact fee. Upon motion made by Elmer Venskoske and seconded by M. W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this plat to the Board of Supervisors. The above motion was unanimously passed by roll call vote. P U B L I C H E A R I N G S AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 83.00 ACRES, MORE OR LESS, OF CARLING L. . SMITH, GEORGIA E. SMITH AND LESTER A. ELLIOTT, LOCATED 400 FEET EAST OF ROUTE 522 NORTH, APPROXIMATELY 4/10 MILES NORTH OF THE CITY LIMITS, IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, GENERAL (R -3) TO MULTI - FAMILY, RESIDENTIAL (R -6) Mr. Ben Butler, attorney, appeared before the Commission representing the applicant. Mr. R. Berg showed the exact location of the proposed rezoning to the Commission Members. Mr. Butler stated that the property is known as Star Fort. Mr. Golladay asked what provisions had been made to preserve the Fort, if any. Mr. Smith stated that he would be willing to leave that part of the land untouched, and that access would be provided to the Fort for public viewing. . A short discussion followed in which the Commission expressed its views concerning the property in question. It was stated that Page 5 the main worry was population density. Mr. Madigan expressed his • view that 83 acres was too much land to be rezoned for multi- family dwellings. No one appeared in opposition. Upon motion made by 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 that the 83 acres be rezoned from R -3 to R -6 with the stipulation that reservations be made for public access to the Star Fort Area. The above motion was passed by the following vote: Mr. Gordon, Mr. DeHaven, Mr. Venskoske and Mr. Perry voting AYE; with Mr. Golladay voting NAY; with Mr. Madigan abstaining. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE APPROXIMATELY 275.90 ACRES, (SURROUNDING, . THE SU.KMIT) OF LAKE HOLIDAY ESTATES, INC., LOCATED WEST OF CROSS JUNCTION, VIRGINIA, AND SOUTH OF WHITACRE, VIRGINIA, IN GAINESBORO MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO RESIDENTIAL RECREATION COMMUNITY (R -5). RECOMMENDED APPROVAL Mr. Joseph A. Massie, Jr., appeared before the Commission representing the applicant. He showed the Members the exact location of the property. He stated that the boundaries were wrong on the zoning maps and had to be changed. Several.concerned citizens came forward to :look at the pro- posed rezoning. They had no questions of the Commission following a short discussion among themselves. No one appeared in opposition. Upon motion made by Richard Madigan and seconded by James Golladay,. BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this rezoning to the Board Page 6 116 of;Supervisors. • The above motion was passed unanimously by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO ADD: SECTIONS 2 -1 -23, 3 -1 -25, 12- 1 -22, 13 -1 -17 TO READ: RETAIL AND WHOLESALE BUSINESSES ESTABLISHED BEFORE NOVEMBER 1,1973 WITH EXPANSION PERMITTED UP TO 50% OF THE SQUARE FOOTAGE OF THE ORIGINAL STRUCTURE. SECTIONS 9 -1 -11, 10 -1 -36, 12 -1 -21, 13 -1 -26 TO READ: SINGLE - FAMILY HOMES BUILT BEFORE NOVEMBER 1, 1973 WITH EXPANSION PERMITTED WITHIN THE BOUNDS OF THE EXISTING LOT LINES AND HOME OCCUPATIONS EXCLUDED. No one appeared in opposition. Upon motion made by James Golladay and seconded by Manuel . DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of these additions to the Frederick County Zoning Ordinance as written to the Board of Super- visors. The above motion was passed unanimously by roll call vote 0 L D B U S I N E S S LANNY EUGENE SNYDER REZONING RECOMMENDED DENIAL The Secretary read the application of Lanny Eugene Snyder requesting to rezone 5.00 acres, more or less, from Residential Limited (R -2) to Industrial, Limited (M -1) which was tabled at the Meeting on June 6, 1974. Mr. Snyder appeared before the Commission and stated that . he wanted to build a garage and warehouse. The Chairman asked if the proposed uses had been cleared Page 7 � by the Health Department. • Mr. Snyder stated that there would be no facilities in the proposed buildings, therefore it had not been cleared by the Health Department. Mr. Madigan asked Mr. Snyder to explain to the Members what he plans to use the garage and warehouse for. Mr. Snyder stated that he had 4 or 5 dump trucks to hire out and no place to work on them. He added that he lives in a sub- division which would make it impossible to work on them there.. In short, he requests the rezoning so that he may have some place to store the trucks, plus work on them when it is needed. The Chairman asked Mr. R. Williams of the Health Department if it was required that toilet facilities be in the proposed building. . Mr. R. Williams stated that a building could not be occupied unless there were toilet facilities inside the building. Mr. Golladay stated that it was not good planning to put an industrial use into a residential area. He added that he felt it defeated the purpose of the zoning ordinance. Mr. Snyder stated that there were no residences in the area. He added that it was farm land. No one appeared in opposition. Upon motion made by Richard Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this rezoning from R -2 to M -1. The above motion died for lack of a second. Upon motion made by Richard Madigan and seconded by Keith . Williams, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this rezoning of land from R -2 to M -1 to the Board of Supervisors. • The above motion was defeated by the following recorded votes: Mr. Gordon, NAY; Mr. Madigan, NAY; Mr. Venskoske, NAY; Mr. DeHaven`, NAY; Mr. Golladay. Abstains; Mr. Perrv, Abstains. CHARLES M. CARROLL REZONING RECOMMENDED DENIAL The Secretary read the application of Charles M. Carroll requesting to rezone 0.834 acres, more or less, from Industrial, Limited (M -1) to Residential, General (R -3) which was tabled at the meeting on June 6, 1974. Mr. Berg stated that this application was tabled pending a legal opinion from the Commonwealth Attorney. Mr. Lawrence R. . Ambrogi, Esq. recommended that the Commission recommend denial. Mrs. Leota Carroll appeared before the Commission in favor of the application. She stated that they were not interested in having the land rezoned, that all they wanted was to have the restrictions taken of.f. the Deed. Mr. Madigan stated. that the Commission had no authority to do that.. After a short discussion, the following motion was made: Upon motion made by Richard Madigan and seconded by Manuel DeHaven, BE IT RESOLVED,That the Planning Commission of Frederick County does hereby recommend denial of this rezoning from *. -i to h -3 to the Board of Supervisors. The above motion was passed unanimously by roll call vote. Pag 9 p S I T E P L A N S LAKE HOLIDAY ESTATES (THE SUMMIT) The Secretary presented the Final Plats of Lake Holiday Estates (The Summit) of Sections 10 & 11 to the Commission. Mr. Berg showed the proposed sections to the Members on the Master Plan of Lake Holiday. Mr. Berg stated that the drainage information that is required in the Site Plan Section was not shown on the plat and that no plans for drainage has been received from the developer for review. He added that water and sewer plans had been received and reviewed by the Frederick County Sanitation Authority. Mr. Berg read a letter from the Authority to the Members which stated the discrepencies that . had been found with the Final Plats (Attached). Mr. Joseph A. Massie, Jr., appeared before the Commission representing Lake Holiday. A lengthy discussion followed in which Mr. Berg explained the discrepencies to Mr. Massie. Mr. Massie stated that he would like to contact the engineer and resubmitt the plats with the drainage easements on them and asked that the Commission approve the plat subject to the corrections being made within the next week. A short discussion followed between the Members. Upon motion made by Richard Madigan and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick . County does hereby recommend approval of this subdivision plat sub- ject presenting of the corrections mentioned on water hydrants and drainage easements to the Board of Supervisors. Page 10 The above motion was unanimously passed by roll call vote. L & L BUILDERS APPROVED The Secretary stated that the Site Plan and Conditional Use Permit was for a 50' x 80' warehouse situated directly behind Crown, Cork and Seal on Frontage Road II Mr. Berg told the Commission that everything was in order. Mr. Lee Ebert, surveyor, and Mr. L. H. Lipscomb appeared before the Commission. Mr. Lipscomb stated that the land was zoned industrial. Mr. Gordon asked what -the proposed building would be used for. Mr. Lipscomb stated that the building would be used for the storage of metal buildings and supplies and that it would be situated on two (2) acres of land. No one appeared in opposition. Upon motion made by Richard Madigan and seconded by M. W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval,of this Site Plan and Con- ditional Use Permit to the Board of Supervisors. The above motion was unanimously approved by roll call vote. S U B D I V I S I O N FREDERICKTOWNE, SECTION III PRELIMINARY - APPROVED Mr. Berg showed the proposed subdivision to the Commission. He stated that there would be 258 lots with 15,000 square feet in each lot. He added that there would be central water and Page 11 S sewer. • Mr. Tom Class and Mr. Stephen D. Carnes appeared before the Commission in favor of the subdivision. After a short discussion, the following motion was made: Upon motion made by Richard Madigan and seconded by M. W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this preliminary plat to the Board of Supervisors. The above motion was approved unanimously by roll call vote ADJOURNMENT Upon motion made by Richard Madigan and seconded by M. W. Perry, . BE IT RESOLVED, That the Planning Commission of Frederick County does hereby adjourn its meeting. The above motion was unanimously passed. Respectfully submitted, H. Ronald Berg, Secretary Kei lams, CFiairman Page 12