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PC_07-10-69_Meeting_Minutes.. . 1 /oS • MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION - Held in the Board Room, Frederick County Office Building, on July 10, 1969, at '31 - - 1 W o'clock e M. Members Present: James W. Golladay, Chairman Charles E. Bass Elmer Venskoske Donald Baughman Clinton L. Ritter R. W. Williams, Sanitarian Joseph A. Massie, Jr., Secretary The Chairman opened the meeting by calling for the presentation of the proponents of the petition by Roy R. Boyce and wife, and Robert E. Kelso. Mr. H. K. Benham, Jr., of the firm of Harrison and Johnston, appeared on behalf of the petitions, and also appeared Mr.. Roy R. Boyce, Petitioner. Whereupon, Mr. Benham stated that he and Mr. Boyce would try to answer any questions concerning their original petition to rezone 15 acres of land optioned by Mr. Boyce to Mr. Kelso, and the Planning Commission recommended that the 40 -acre tract of Mr. Boyce which contains 15 acres optioned be rezoned as an area rather than one small parcel, from A -2 to M -1. Mr. Henry Miller Cline and Mrs. Virginia M. Cline appeared as objectors and raised their objection, which wass -:dust that would come from Route 668, which borders the tract on the south and which is a dirt sufface state secondary route and again,. that they had a ' residence opposite the proposed construction of an apple packing plant and cold storage warehouse. They further requested the Chairman to inform them as to what was permitted in M -1 zon ?*13, stating they knew what was permitted in A -2 zoning. The Chairman then read the ordinance in respect to M -1, permided uses. Upon completion of the evidence and arguments, the proponents and opponents left the hearing. The Chairman then called for the hearing on the petition of C. D. Hylton, T/A C. D. Hylton Enterprises, to rezone approximately 80 acres of land in Gainesboro Magisterial District, Frederick County, Virginia, fronting on U. S. 522 near Albin, from A -2 to B -2 along said highway and R -2 off of said highway. Mr. Jack Myers appeared on behalf I %1) ( of the petitioners. Mr. John F. Anderson, Attorney, appeared on behalf of the objectors, and the following objectors appeared: George S. Gruler Robert S. Barbour Gloria Gruber Mrs. Ferman Perry Mrs. Russell Newcome John Enders Glynnell L. Headley Charles Zeilor Sydney Johnson W. Rayner Johnson C. H. Jones Harry B. Rinker James L. Beaver John Good W. Bill Butler, Jr. John L. Butler H. R. Butler Mary L. Good Mr. Myers then spoke to the Planning Commission and presented a plan of development of lots and streets as prepared by John W. McNair and Associates, Consulting Engineers. He further presented aZ - . agreement for the Frederick County Sanitation Authority to take over the corporation - ::formed by C. D. Hylton to develop and operate the water and sewer systems of said area, which also provided that a construction of the water and sewer systems would be in accordance with specifications and under the direction of the Frederick County Sanitation Authority. The objectors then raised a question as to water polution from the sewer treatment plant flowing into Babb's Run which ,goes through the petitioner's property, statin that the run overflowed into springs from which people obtain` kFw - Later down stream from the project, particularly when there are storms. Anotherquestion was raised as to more specific planss for a water and sewer system and the same should be filed with the petition. It was pointed out that once the zoning was changed, any authorized use could be permitted on the property. Mr. Anderson pointed out that the enabling ordinance for zoning provides that the Planning Commission must consider public and community water supply and sewer systems in connection with regulations and stated that his people were opposed to rezoning because of the density and the sewer system emptying into Babb's Run. Mr. Williams, Sanitarian, pointed out that the local Health Department tests sewage plants having 40,000 daily gallons or less for treatment, that the State Health Department tests sewage plants over that amount. I 107 There being no further discussion, evidence or argument, Mr. Baughman moved for an executive session, which motion was seconded by Mr. Venskoske, and which motion was thereupon passed, whereupon, all the petitioners and objectors left the hearing. The Planning Commission then went into executive session and a general discussion was held concerning the Boyce petition and the Hylton petition, and after further discussion, upon motion duly made and seconded, and passed, it was RESOLVED to end the executive session and reopen the hearing to the public. Whereupon, the hearing was reopened to the public, and a discussion was!held concerning the petition of Roy R. Boyce and Robert Kelso, and upon motion by C. E. Bass and seconded by Donald L. Baughman, the following resolution was adopted: RESOLVED, that the Frederick County Planning Commission recommend to the Board of Supervisors of Frederick County, Virginia, that the area of 40 acres of Roy R. Boyce on the east side of U. S. Route 11 in Stonewall District, commencing 400 feet east of the right of way of said Highway and running parallel thereto and thence east to the right of way of the Martinsburg and Potomac Railroad, now leased to the Baltimore and Ohio Railroad Company be rezoned from A -2 to M -1. After further discussion regarding the petition of C. D. Hylton,T /A C. D. Hylton Enterprises, the following resolution was proposed by Clinton L. Ritter and seconded by Mr. Venskoske: BE IT RESOLVED, that the Frederick County Planning,Commission recommend to the Board of Supervisors of Frederick County, Virginia, that the petition of C. D. Hylton, T/A C. D. Hylton Enterprises, be denied due to the lack of information presented to the Frederick County Planning Commission concerning their water and sewer systems. Upon motion duly made, seconded and passed, it was RESOLVED that the next meeting of the Frederick County Planning Commission be held August 5, 1969, at 3:30 P. M. in the Board Room of the Frederick County Office Building! There being no further business to come before the meeting, the same was thereupon adjourned. Resp ctfully Submitted, A ft., _' 46seph A. Massie, Jr., Secretary a ames o a ay, 7 merman /c9 . MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION, Held in the Board Room of the Frederick County Office Building on August 5, 1969 - - -- at 3:30 P.M. The Meeting was called to order by the Chairman. The following members were present: J. W. Golladay, Chairman; C. E. Bass; Elmer Venskoske; Donald L. Baughman; R. W. Williams, Sanitarian; and Joseph A. Massie, Jr., Secretary. Minutes of the last meeting were read and approved. The Chairman then requested the meeting to proceed with the Public Hearings on the petition. They were advised that the first petition was that of James R. Wilkins, Inc. and James L. Bowman and wife. Whereupon, the Chairman dalled for the reading of the pEtition and the plat was presented for consideration. Mr. T. G. Scully, attorney at law, appeared on behalf'of Carlin Smith, owner of a duplex residence in the area requested to be re- zoned; There was a general discussion concerning the petition which requested the re- zoning of the lots in Madison Heights Subdivision, located just East of the City Limits of Winchester, Virginia, and West of Interstate Route # 81, along the North side of Woodstock Lane, from R -1 to R -2, to conform to multiple - family dwellings on the adjoining City lots. There was some discussion that the lots appeared to be too small for multiple - family dwellings under the presert statutes and zoning requirements. Mr. Baughman, in checking the records in the Clerk's Office announced that the Board of Supervisors approved reduction of the size of the lots in the County as the majority of the subdivision was in the City, and the City Ordinances for lot sizes were smaller. There was then some discussion concerning the authenticity of the plat and when it had been approved by the governing bodies involved. After further discussion it was resolved, on motion duly made and seconded•;: that the matter be continued to the next Public Hearing date, with the request that one or both of the proprietors appear before the :Commission discuss the matter with the Commission. Motion passed. The petition of Robert K. Stickley and others was then read by the Secretary and the plat was examined and the matter was presented by T. G. Scully, attorney at law, and also Mr. Stickley appeared. There was a general discussion concerning the petition j0 9 of Stickley, and after further discussion Mr. Stickley agreed that the lot Marked "Commercial A on the Northwest corner of his property be zoned R -2, and thereupon withdrew his request for said lot to be zoned B -2. There was then some further discussion concerning his petition,- and on motion duly made and seconded the following resolution was adopted: BE IT RESOLVED, that the petition of Robert K. Stickley and others to re -zone certain land and proposed subdivision from A -2 to R -2, including the lot marked "Commercial A" and certain lots in said subdivision marked "Commercial B. C and D" be re -zoned from A -2 to B- 2,iand be recommended to the Board of Supervisors as follows: That the request for re- zoning from A -2 to Residential be: granted for residential lots irxluding lots marked "Commercial A" from A -2 to R1, and that lots designated Commercial B,C and D be re -zoned from A -2 to B -2. Motion passed the further recommendation that said lots be used for skgle- family dwellings. The petition of Fredericktown Company, a Virginia corporation was then read by the Secretary and presented by the proponents and represented by Susie Stuart Campbell Drake. There was a general discussion concerning the petition and the following motion was therepon presented: BE IT RESOLVED, that the petition of Fredericktown Company to re -zone their tracts designated for residences from A -2 to R -2, and their commercial lands from A -2 to B -2 be recommended to the Board of Supervisors, with the recommendation for the re- zoning from A -2 to R -2 for residential land as marked on said plat with the further recommendation that the lands be restricted to single- family dwellings because of their inadequate size and their location to the new Robert E. Aylor Junior High School, and that the petition for re- zoning of commercial land from A -2 to B.. -2 be recommended to be re -zoned from A -2 to B -1. Motion passed. There was a general discussion then concerning the uses under B -1 and on motion duly made and seconded, the following resolution was adopted: BE IT RESOLVED, that the Planning Commission recommends to the Board of Supervisors that the ordinance ' for re- zoning concerning Business Limited be amended to provide a use therein for professional offices and office buildings. Motion passed. I 1/0 The meeting was thereupon adjourned subject to the call of the Chairman. Respectfully submitted, ose A. Massie Jr., Secretary Attest: James W. Golladay, Chairman A