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PC_05-05-71_Meeting_MinutesI MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION ' Held in the County Office Building, May 5, 1971 The Regular Meeting of the Frederick County Planning Commission was held in the Supervisors' Room of the County Office Building, Winchester, Virginia, this day and was called to order by Chairman, James W. Golladay at 3:30 p. m. PRESENT: James W. Golladay, Charles E. Bass, Grover Teets, Jr. , Maurice W. Perry, Elmer Venskoske, Keith Williams, Roy Jennings, Roger Alderman, and Benjamin M. Butler, Secretary. ABSENT: Donald L. Baughman, Roy W. Williams. The Chairman announced that a quorum was present and the meeting continued. The first order of business was the petition of J. Kenneth Robinson and Ray Robinson, trading as KENRAY, to rezone a tract of land containing 1.059 Acres, located in Gainesboro District, and more specifically designated as being located on the Southwest corner of the intersection of U. S. Route 552 and Fox Drive, from A -I to B -2. Appearing for the petitioner was Billy J. Tisinger, attorney for KENRAY. No one appeared in opposition. Mr. Tisinger stated that the subject land had attempted to be rezoned at least three times in the past and that the last time the same was zoned to B -2 limited. He stated that in his legal opinion there was no such classification under the Frederick County Zoning Ordinance and that is the reason petitioners were again petitioning to have the subject land rezoned. The next order of business was the petition of Carlin L. Smith and Georgie E. Smith, his wife, to rezone 35, 445. 52 square feet of land, located on the Southwest side of Valley Mill Road, Shawnee Magisterial District, Frederick County, Virginia, from R -1 to R -2. Mr. Carlin L. Smith appeared in support of his petition and no one appeared in opposition. Mr. Smith then informed the Planning Commission that apart- ments were planned for the particular area and that the same were adjacent to the new vocational school. The next order of business was the petition of C. D. Hylton to rezone ap- proximately 22 Acres, located on the Southside of U. S. Route 522, Stonewall Magis- terial District, Frederick County, Virginia, and bounded on the East by Unger and Darlington Subdivision, on the South by Miller and on the West by Glaize and other land of Hyltomfrom A -2 to B -2. Appearing in the support of the petition were Mr. Joseph A. Massie, Jr., attorney for Mr. C. D. Hylton and Mr. Jerry Roth, of Rockville, Maryland, employee of Mr. C. D. Hylton. Mr. Massie moved to amend his petition to apply for rezoning of 29. 26 Acres from the 22 Acres which had been applied for in ID his petition. I j There next followed a discussion by the Planning Commission as to whether or not a new public hearing would be necessitated because the rezoning request was for a greater portion of land than that published in the advertisement. Mr. Massie stated that he felt no new publication was necessary and that §15. 1 -431, Code of Virginia, 1950, as amended, could not apply to the Planning Commission but only to the governing body of the County. Mr. Massie further stated that a shopping center was proposed in the area but that the same was contingent upon water and sewer being made available to the subject land. In that respect, Mr. Massie introduced a memo- randum which he prayed to be made a part of this petition. The same was filed there - w ith attached as an Exhibit to these minutes. No one appeared in opposition to the petition. The next order of business was raised by Mr. Russell Larrick and Mr. E. E. Bayliss, Jr, with reference to whether or not Mr. Larrick could construct a residence in the industrial area, which industrial area lies just North of the City of Winchester, on Route 11 North. Mr. Larrick stated that he had recently purchased a lot from Dr. Pifer, had applied for a building permit and had been refused the same by the Zoning Administrator on the grounds that the residence was not a permitted use within the industrial area. The Secretary advised Mr. Larrick that any residence in the industrial area might be considered as a non- conforming use and that in his opinion, Mr. Larrick should not be refused a building permit. The Chairman clearly stated to Mr. Larrick that in building a house in an industrial area, he was doing the same with the full knowledge that the same was industrial and was thereby taking the ac.- ID cording risk. The Planning Commission further told Mr. Larrick and Mr. Bayliss that in the future the County rezoning should take this subject land into consideration to have it zoned for residential purposes. Upon motion duly made and seconded, the Commission then went into Executive Session. After some short discussion, the meeting was then turned open to the public upon motion duly made and seconded. On motion by Keith Williams, seconded by Charles Bass, BE IT RESOLVED, that the Frederick County Planning Com- mission recommend to the Board of Supervisors to approve the petition of KENRAY to rezone 1.059 Acres, located at the Southwest corner of the intersection of U. S. Route 522 and Fox Drive, Gainesboro Magisterial District, from A -1 to B- 2. Said motion was passed unanimously. Public discussion was next had on the petition of Carlin L. Smith, et ux, and on motion by Elmer Venskoske, seconded by Grover Teets, Jr. , BE IT RESOLVED, that the Frederick County Planning Com- mission recommend to the Board of Supervisors to approve I the petition to rezone 35, 445. 52 square feet of land located on the Southwest side of Valley Mill Road, Shawnee Magisterial District, owned by Carlin L. Smith and Georgie E. Smith, his wife, from R -1 to R -2. Said motion was passed unanimously. Public discussion was next had on the petition of C. D. Hylton and on motion by Maurice W. Perry, seconded by Keith Williams, BE IT RESOLVED, that the Frederick County Planning Com- mission recommend to the Board of Supervisors to approve the amended petition of C. D. Hylton to rezone 29. 26 Acres owned by C. D. Hylton, from R -2 to B -2, provided that upon approval of the aforesaid zoning amendment by the Board of Supervisors, C. D. Hylton enter into negotiations- with the Frederick County Sanitation Authority for water and sewer, and which negotiations should include the commitment for prepayment of sewer and water connection fees along with other engineering proposals. Said motion was passed unanimously. The Secretary then read the minutes of the last Regular Meeting, March 3, 1971 and the same were approved as read. The Chairman then announced that since Mr. Benjamin M. Butler was retiring as Secretary of the Planning Commission, a new Secretary should be found to replace him. The Commission was of the unanimous opinion that the Chairman, James W. Golladay, undertake to select, with the aid of the Board of Supervisors, ID a new Secretary for the Planning Commission. The next matter brought before the Planning Commission was a letter from the County Attorney stating that the Board of Supervisors wished the Planning Com- mission to go back through 1.967 iti.order to ascertain all Subdivisions which had been dedicated in the County in order to facilitate a rezoning of the Subdivisions in the future to R -1 or R -2, as the case may be. WHEREUPON, just prior to the closing of the meeting, Benjamin M. Butler tendered his resignation as Secretary of the Planning Commission for the reason that his one year term as promised to the Board of Supervisors had expired. The Chairman of the Planning Commission and other members of the Planning Commission accepted with regret the said resignation. There being nothing further to come.before the meeting, the same was thereupon adjourned. Respectfully Submitted, I MEMORANDUM REFERENCING BOARD OF SUPERVISORS HEARING FOR ADDITIONAL ZONING WINCHESTER; VIRGINIA 1. John McNair and Associates, engineers, are presently investigating the possibilities relativ,� to obtaining sewer and water for the subject property. Their r:port is forthcoming. 2. We are presently in the process of preparing a proposal to the Frederick County Sanitation Authoritv which we feel will stimulate the development of sewer and water through the Route 522 corridor. (a) The above proposal.will includ•.! the pre - payment of sewer and water connection fees along with other engineering proposals which at this time would be premature to discuss.