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MINUTES OF THE MEETING
R OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the County Office Building, July 1, 1970.
The Regular Meeting of the Frederick County Planning Commission
was held in the Supervisor's Room of the County Office Building, Winchester,
Virginia, this day and was called to order by its Chairman, James W. Golladay,
at 3:00 p. m.
PRESENT: James W. Golladay, Charles Bass, Maurice W. Perry,
Elmer Venskoske, Keith Williams, Roy Jennings and Benjamin M. Butler,
Secretary.
ABSENT: Donald 1. Baughman, R. W. Williams, and Grover
Teets, Jr.
The Chairman announced that a quorum was present and the
meeting continued.
® The first order of business was the petition of O. Lee Garber,
Julian F. Garber and Donald E. Garber, Trustees of Charles E. Garber and
Nora L. Garber Trust to rezone a tract of land approximately twenty -three
acres located on the East side of U. S. Highway 522 and on the South side of
U. S. Highway 50, just East of the City of Winchester, Virginia, from R -1
to B -2. Appearing for the petitioners were J. Randolph Larrick, attorney
for petitioners, and Julian F. Garber.
Mr. Larrick showed the Planning Commission the plat which had
been filed with the petition, showing a total area of 56. 831 acres, approximately
one -half had been previously rezoned B -2. He stated that only the balance of
some twenty -three acres, more or less, was requested to be zoned B -2, and
that the same was for a shopping center. Mr. Larrick also presented to the
Planning Commission a proposed sketch of the proposed shopping center. This
sketch was filed with the Planning Commission. It was further stated that
public water and sewer was on the property, the same having been arranged
prior to Route 81 construction. No objectors appeared on this petition.
The next order of business was the petition of Herb ert E. Ratliff
to rezone 4. 5913 acres of real estate,�?beifig situate on the ' East of Virginia
Highway No. 642 and South and East of the Kernstown I -81 Interchange from
A -1 to B -2. Appearing for Herbert E. Ratliff were J. Randolph Larrick,.,
attorney for Herbert E. Ratliff, and Herbert E. Ratliff. Appearing against the
® said petition was H. K. B enham, III, attorney for LeRoy Armstrong.
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Mr. Ratliff stated to the Planning Commission that the rezoning
was sought for a sales and service type operation and for a truck stop. It
was further stated that the type of building would be a steel building of the type
approved by the Internati T_ rucking Company, whiche he is a dealer. A
picture of a proposed building was then shown to the Planning Commission. He
further stated that this would not be a twenty -four hour operation but would be
a normal eight hour per day operation. He further showed plans to the Planning
Commission, showing that at the time of purchase of this land in 1966, the
same was contemplated to build a truck sales center.
A letter was shown to the Planning Commission from the Frederick
County - Winchester Health Department, signed by Herbert L. Sluder, stating
that a septic system had been approved by that department.
Mr. Benham stated that Mr. Armstrong's objections were based
mainly on the form of petition, that is to say, that it was not in conformity with
Section 15. 1 -491 § G, Code of Virginia, in that there was no showing by Mr.
Ratliff that there was any public necessity, convenience, general welfare, or
good zoning practice as would necessitate an amendment to the present zoning
ordinance.
® The Chairman then requested the Planning Commission to go into
Executive Session, which it did, and after some short discussion, the meeting
was then turned open to the public.
et al.
Whereupon, discussion was had on the petition of O. Lee Garber,
On motion by Maurice W. Perry, seconded by Keith Williams,
BE IT RESOLVED, that the Planning Commission recommend
to the Board of Supervisors to approve the petition for
rezoning of approximately twenty -three acres, more or
less, of O. Lee Garber, Julian F. Garber and Donald E.
Garber, Trustees of Charles E. Garber and Nora L.
Garber Trust, from R -1 to B -2.
Said motion was passed unanimously.
Public discussion was next had on the petition of Herbert E. Ratliff,
and on motion by Elmer Venskoske, seconded by Charles Bass,
BE IT RESOLVED, that the Planning Commission recommend
® to the Board of Supervisors to approve the petition for
rezoning of 4. 5913 acres from A -1 to B -2.
Said motion was passed unanimously.
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The Chairman then stated that a representative from the Board
of Supervisors should be present at all meetings of the Planning
Commission in order that the views of the Planning Commission could
be more directly made known to the Board,.bf Supervisors in acting on
the Planning Commission's recommendations.
The Secretary was instructed to write a letter to the attorney
for the Board of Supervisors reflecting this thought.
The Chairman then read a letter from the Frederick County
Sanitation Authority asking the Planning Commission's comments as to
how their project fitted the Master Plan for the County. It was the
consensus of the Planning Commission that some study would be necessary
before an intelligent reply could be made to the Frederick County
Sanitation Authority.
There being nothing further to come before the meeting, the same
was thereupon adjourned.
A
Respectfully submitted,