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HomeMy WebLinkAboutPC_07-07-71_Meeting_Minutes I (1 MINUTES OF THE MEETING of the FREDERICK COUNTY PLANNING COMMISSION Held in the County Office Building, July 7, 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 the Chair- man, James W. Golladay, at 3:30 P.M. PRESENT: James W. Golladay, Charles E. Bass, Elmer Venskoske, Keith Williams, Roy W. Williams, also, Roger H. Alderman and Don E. Krueger. ABSENT: Donald L. Baughman, Maurice W. Perry, Grover Teets, Jr. The Chairman announced a quorum was present and the meeting continued. The Minutes of the last Regular Meeting, June 9, 1971, were read and were approved as read. A letter petition submitted by Phillips Petroleum Company was read by the Chairman. Subject petition requested rezoning of 18.51 acres of land, located at the Northeast corner of the intersection of Interstate Route 81 and Virginia Secondary Route 627, from Agri- culture A -2 to Business B -2 stated intent of the letter petition was to erect a restaurant and motel on the land. No one represented the 'petitioner. No one appeared in opposition. A plat of the property, which accompanied the petition, was studied and after short discussion as to sewer and water service for the proposed use the Chairman moved to the next order of business. The next order of business was another letter petition of Phillips Petroleum Company, read by Mr. Alderman, to rezone 1.453 acres of land, located at the Northeast corner of the intersection of Interstate Route 81 and Virginia Route 627, from Agriculture A -2 to Business B -2; with the stated intent of erecting a service station on the land. Reproco, Inc. was identified as the present owner of the land in question. No one appeared in opposition. After study of a plat of the property, which accompanied the petition, the next order of business was considered. The petition of Western Union Realty Corp. was next read by Mr. Alderman. Subject petition requests rezoning from Agriculture to Industrial General M -2 of 29.0268 acres of land presently owned by Monte Vista Associates; located south of Middletown, Virginia, bounded on the East by Interstate Route 81, on the South by the lands of Bly and B. E. McDaniel, on the West by U. S. Route 11 and on the North by the other lands of Monte Vista Associates. Western • Union Realty Corporation is the contract purchaser of this land, said contract being dependent upon successful rezoning of the land. No one represented the petitioner. No one appeared in opposition. A plat of the land, which accompanied the petition, was studied by the Commission. Discussion centered upon the requesting zoning of M -2 as permitting uses which may be adverse to the surrounding lands. Upon completion of discussion the Chairman moved to the next order of business. Mr. Alderman read the petition of Paul B. and Jewel H. Brice to rezone from Business B -2 to Residential R -2 a parcel of land containing 1.82 acres contiguous to the southern boundary of the City of Winchester, Virginia fronting on the West side of U. S. Route 11, bounded on the South by the land of Fleisher and Doniante and bounded on the West by the lands of Burall and Opequon Memorial Church. Appearing for the petitioner were: Paul B. Brice - A Petitioner; George G. Snarr, Jr. - Attorney for Petitioners and C. E. McClintock and W. V. Modisett - Architects for Petitioners. No one appeared in opposition. Mr. McClintock began by discussing the design concept of the proposed apartment building. He pointed out that with the exception of the lobby on the Ground Floor the building was essentially built on stilts. This concept would negate flooding problems when Hoge Run, which is normally dry, overflows its banks. Further, that the remaining area not consumed by the lobby and parking spaces could be utilized as a covered recreational area in conjunction with the existing swimming pool and approximately eighty (80) per cent of the roof area. Mr. McClintock further dis- cussed the preliminary plan for vehicular traffic on the site, typical floor plan containing six (6) efficiency and eight (8) one bedroom apartments per floor for a total of seventy (70) apartments in the building on the five (5) living floors. Mr. Brice was questioned as to the water and attained when Hoge Run had overflowed its banks last year and responded that it was approximately two (2) feet above existing ground. Mr. McClintock was queried if he had set a pre- liminary finished floor elevation of the first floor. He answered negatively. In conjunction with the above request for rezoning a petition submitted by the same petitioners was then read by Mr. Krueger. Petitioners requested variances in the allowable height, number of stories and side yard setback on the South side of the property as restricted by the Residential R -2 Classification. The need for the apartment type of housing was stressed and that in order to make the project in question economically feasible the number of stories and therefore, the height variances requested were needed. Mr. McClintock stated that the sideyard variance was desired to allow for the proper flow of traffic. Mr. Keith Williams stated the intent of the side yard restriction was to prohibit easy viewing from the windows of a structure in adjoining parcel into the subject structure and vice versa. Mr. McClintock stated that possibly the windows on the back side could be eliminated. Mr. Snarr and Mr. McClintock emphasized that the overall height of the building would be sixty (60) feet which would not be greater than the height limitation allowed for public buildings. under the Residential R -2 Classification. • Mr. Brice was queried by the Chairman and others as to his intent concerning water and sewer service to the property and the statement in the request for variance that, The applicants would hope to avail themselves of county water and sewer facilities if and when they become available through the Frederick County Sanitation Authority." Mr. Brice stated he had talked with representatives of the City of Winchester with reference to connecting to their water distribution and sewage collection systems but he reemphasized his willingness to work with the Sanitation Authority. There being no further discussion the Chairman moved to the next order of business. A petition to amend the Zoning Ordinance was read by Mr. Krueger, Julian F. Garber, the petitioner, was represented by Benjamin M. Butler, Counsel for Petitioner,. and James H. Ross, a local realtor. No one appeared in opposition. Mr. Butler explained the requested amendments to the Commission as including Residential R -2 permitted used in Business, B -1 and Business B -2 Zones. Mr. Butler stated that Peti- tioner'felt the two Business classifications were too restrictive because the Residentila Classifications were not included. It was emphasized by Petitioner's Counsel that the only changes affected by the Petition would be to include Residential R -2 permitted uses in Business B -1 and B -2 zones and that area requirements for R -2 uses would remain as published in the present Ordinance. Mr. Ross stated that he has had approximately six recent experiences where prospective developers of apartment complexes dropped the local area from consi- deration due to land in which they were interested was not then zoned R -2 and the lengthy period of time which would have been required to effect favorable zoning. There being no further business Mr. Venskoske motioned that the Public Hearing be closed. Mr. Bass seconded; the Motion passed. Mr. Bass then moved that the Planning Commission go into Executive Session. Mr. Venskoske seconded; the Motion passed. After some discussion the meeting was then turned open to the public on motion made by Mr. Bass and seconded by Mr. Keith Williams. On motion by Mr. Keith Williams and seconded by Mr. Bass: BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend to the Board of Supervisors for approval the petition of Phillips Petroleum Company, Inc. to rezone 18.51 acres in Opequon Magisterial District at the northeast corner of the intersection of Interstate Route 81 and Virginia Route 627 from Agriculture A -2 to Business B -2 provided public water and sewer services are utilized. Said motion passed. On motion by Mr. Keith Williams and seconded by Mr. Bass: BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend to the Board of Supervisors for approval the petition of Reproco, Inc. for Phillips Petroleum to rezone 1.453 acres in Opequon Magisterial District at the northeast corner of the intersection of Interstate Route 81 and Virginia Route 627 from Agriculture A -2 to Business B -2 provided public water and sewer services are utilized. )- • After short public discussion on the petition of Western Union Realty Corporation and on motion by Mr. Bass and seconded by Mr. Venskoske; BE IT RESOLVED, That the Planning Commission recommends the Board of Supervisors approve the petition of Western Union Realty Corporation to rezone 29.0268 acres in Opequon Magisterial District from Agriculture to Industrial General M -2 provided public water and sewer are provided to all users of the land. The motion passed. On motion by Mr. Keith Williams and seconded by Mr. Venskoske: BE IT RESOLVED, That the Planning Commission recommends the Board of Supervisors approve the petition of Paul B. and Jewel H. Brice to rezone 1.82 acres in Shawnee Magisterial District from Business B -2 to Residential R -2. The motion passed. On motion by Mr. Keith Williams and seconded by Mr. Venskoske: BE IT RESOLVED, That the Planning. Commission recommends the Board of Supervisors act on the petition for variance of Paul B. and Jewel H. Brice as follows: 1) Approve variance requests for building height and number of stories, and 2) Disapprove variance request as pertains to side yard setback. The motion passed. After short public discussion and on motion of Mr. Bass and seconded by Mr. Keith Williams: BE IT RESOLVED, That the petition of Julian F. Garber be tabled for further study and technical guidance. The motion passed. On motion of Mr. Bass, seconded by Mr. Venskoske and passed the Public Hearing was closed. The Chairman then stated: "I urge the Sanitation Authority and the Board of Supervisors to initiate work on water and sewer con - struction in the County. Lack of these utilities are detrimental to the growth of Frederick County." ;LI 411 6:30 T P.ere being no further business the meeting adjourned at There Respectfully Submitted, Sd Do n E. Krueger, g Secretary James W. Golladay, C ai man