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PC_02-21-73_Meeting_Minutespr 7� • MINUTES OF THE MEETING of the FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, February 21, 1973 r1 U PRESENT: James W. Golladay, Chairman, Charles E. Bass, Manuel C. DeHaven, Elmer Venskoske, and Keith Williams. Also Clinton Ritter, Jr. ABSENT : Richard F. Madigan, and Maurice W. Perry The Chairman called the meeting to order and announced the first order of business was the rezoning application of James Carper to rezone 1 acre of land, situated in Opequon Magisterial District; lying on the east side of U.S. Route 11 South, south of Middltown from Agricultural A -2 to Business B -2. Mr. Carper was not present. The Secretary stated that Mr. Carper's restaurant as now existed is a non - conforming use and in order for Mr. Carper to build an addition to this business, an application was needed. It was agreed to table the application until last to give Mr. Carper time to arrive. Mr. Golladay stated that the next order of business was the application of James J. Heltzel. He stated that to his knowledge the application had been withdrawn. The attorney for the petitioners, Mr. John Chipman, addressed the Commission stating that a letter had been sent to the effect that the petitioners had withdrawn the application and asked that it be disregarded. The members of the Commission agreed to wait until all of the applications had been heard and act on them all at the end of the meeting. The Chairman stated that the next order of business was the application of H. Ray Van Dyke to rezone 1.72 acres of land, situated in Back Creek Magisterial District; lying on the east side of U.S. Route 11 South, south of Winchester City Limits; from Industrial M -2 to Business B -2. Mr. Golladay read the application indicating that the land would be used for sales and storage of double width and modular mobile homes. Appearing as representatives for Mr. Van Dyke were John Chipman and Gene Gunter. Mr. Chipman showed an aerial photo of the area surrounding the land to be rezoned with an overlay of the L 7� ® zoning of the area. Mr. Chipman then showed more recent aerial photographs taken of the area showing the existing structures and businesses in the area. He also presented photographs taken from the land belonging to Mr. Van Dyke showing the surrounding lands and buildings. • Mr. Gunter then addressed the Planning Commission at length concerning the application of Mr. Van Dyke. He also presented to the Commission a petition signed by owners of the surrounding property stating that they are not opposed to the proposed business of Mr. Van Dyke. Mr'. Gunter was asked if a permit could be obtained for a drain field. Mr. Gunter replied that it had already been assured. There was a lengthy discussion of the application. Appearing in opposition to the application of Mr. Van Dyke, was Mr. Collins. Mr. Collins pointed out that trailer sales and courts were saturating the area and that most have no regard for the neighbors using every inch of the land and even overhanging the property of others. He also stated that many people who signed the petition when informed of what was acceptable under the Ordinance for this area decided that a trailer sales would be more acceptable. The Chairman stated that the next order of business was the application of Fred and Esther Strawson to rezone a parcel of land containing 42.351 acres located along the north side of Virginia Route 631 west of Stephens City in Back Creek Magisterial District from Agricultural A -2 to Residential R -1. The application was read by Mr. Golladay. Mr. Strawson appeared on his own behalf. Mr. Golladay stated that there was no proposed subdivision plat and asked if there were any plans for water and sewer for the .pordtyiieyjt± , Mr. Strawson indicated that the land had been tested and would be approved. On the question of water, Mr. Strawson replied that they were proposing wells. Mr. Strawson was asked if he wanted approval for both tracts of land. Mr. Strawson replied that he did. No one appeared in opposition. 1." The.Chairman stated that the next order o£ business was the application of Bottlers Y "ntiernat-iohel Ilacc, ,tot•neauTwomarenorel"s less 161.47 acres of land, located at the intersection of Virginia Route 661 and Virginia Route 662, located in Stonewall Magisterial District from Agricultureal A -2 to Residential R -1. The application was read by Mr. Golladay. Mr. William Russell appeared on behalf of the applicants. Mr. Golladay asked Mr. Russell how they planned to furnsih water and sewer to the property. Mr Russell stated that the tests were underway at the present time but that the land had already been tested and approved by the State. He stated that the property would be used for single family dwellings. No one appeared in opposition. l ® Mr. Golladay stated that the next order of business was the application of S. Herbert Shackelford to rezone more or less 217 acres of land, located on the east side of Virginia State Route 642 east of U.S. Route 11 in Opequon Magisterial District from Agricultural A -2 to Residential R -2. Mr. Golladay read the application. Mr. Shackelford appeared on his own behalf. He stated that there would only be single family dwellings and no multifamily homes because of the size of the lots. Mr. Golladay asked if the restriction for single family dwellings would show in the deed of dedication. Mr. Shackelford replied that it would. Mr. Shackelford showed the plat to theCCommission members indicating the lot sizes and recreation area, consisting of a 9 acre lake, potential ball fields, tennis courts and picnic areas. Mr. Golladay asked if these facilities would be open to all the residents of the subdivision. Mr. Shackleford replied that they would. No one appeared in opposition. Upon motion of Mr. Venskoske and seconded by Mr. Bass, the Public Hearings were closed. Upon motion of Mr. Bass, seconded by Mr. Venskoske, the Planning Commission went into Executive Session. ® After some discussion, and on motion of Mr. Bass, seconded by Mr. Williams and passed, the Planning Commission.movedbout oftExecutive Session. session:`." - On motion of Mr. Venskoske, seconded by Mr. DeHaven and passed the Planning Commission went back into regular session. Upon the motion of Mr. Bass, seconded by Mr. DeHaven and passed, the Planning Commission moved to recommend to the Board of Supervisors that the parcel of land owned by James Carper be rezoned from Agricultural A -2 to Business B -2. Upon motion of Mr. Williams, seconded by Mr. Bass and passed, the Commission moved to recommedd approval of the application of Fred and Esther Strawson to rezone a parcel of land from Agricultural A -2 to Residentiral R -1 to the Board of Supervisors. Upon motion of Mr. Venskoske, "seconded by Mr. DeHaven and passed, the Commission moved to recommend approval of the application of Bottler International Inc. to rezone a parcel of land from Agricultural A -2 to Residential R -1. Upon motion of Mr. Williams, seconded by Mr. Bass and passed, the Commission recommenddd approval of the application of Mr. Herbert Shackelford to rezone land from Agricultural A -2 to Residential R -2. Pr ® Upon motion of Mr. Williams, seconded by Mr. Bass and passed with Mr. Williams, Mr. Bass, and Mr. Golladay- voting for, Mr. DeHaven voting against, and Mr. Venskoske abstaining, the Commission moved that the,__;application3appllied forcbyYMr.MYan %Dyke Lbekdenieddandisd. and so recommend denial to the Board of Supervisors. Mr. Golladay stated that the next order of business was a recommendation to the Board of Supervisors as to the Zoning Ordinance as it now exists. There was a lengthy discussion. E Upon motion of Mr. Williams, seconded by Mr. Bass and passed, the Commission moved to advise the Board of Supervisors with reference to the pending zoning ordinance that the Commission would like to consider engagement of a consultant or consulting firm of urban and rural planning experts before complete finalization of the proposed zoning ordinance, comprehensive and land use maps, and that Mr. Randy Perry, Secretary of the Planning Commission be authorized to go to the Board. There being no further business to come before the Commission, the Meeting was adjourned. James W. Golladay, Chairman Rand v , Perry, _ !_. A