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PC_07-12-73_Meeting_MinutesO - /J5 MINUTES OF THE SPECIAL MEETING of the FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, July 12, 1973 PRESENT: James W. Golladay, Chairman; Manuel C. DeHaven; Richard F. Madigan; Maurice W..Perry; Elmer Venskoske; Keith Williams; Clinton Ritter, Jr.; J. O. Renalds, III; J. William Riley, III; H. Ronald Berg; and R. Wesley Williams. The Chairman called the Meeting to Order at 3:OO P.M. He announced that the Special Call Meeting was for the purpose of: (1) Review of the Subdivision Regulations. (2) Review of the Preliminary Plats of Lake Holiday, Sections 6B and 8A. (3) The nomination of Keith Williams as Vice - Chairman. LAKE HOLIDAY SUBDIVISION (PRELIMINARY PLAT) • RECOMMENDED FOR APPROVAL The first order of business was the 'submission of Lake Holiday Subdivision Preliminary Plat (Sections 6B and 8A) by Mr. Moss. The necessary changes made were: (1) Pipe stem lot has been changed to a green area. (2) The two (2) unacceptable lots have been made green areas or have been replatted. (3) The third (3rd) lot that was too small has been adjusted so that it is large enough to accept a standard size home. Mr. Ronald Berg, Secretary to the Commission, suggested that the Commission accept the Preliminary Plat and that the Final Plat had all the necessary signatures and could go before the Board of Supervisors. The question was raised on whether the Commission could act on the Lake Holiday Subdivision as a Final Plat. It was found that the Commission could only act on the Preliminary Plat. The Board of Supervisors could consider the Final Plat if it is identical to the • Preliminary Plat at their next meeting. -2- Mr. Joseph Massie spoke to the Commission. He asked who the • Subdivision Administrator was. He was told that Mr. J. 0. Renalds, III (County Administrator) was the Subdivision Administrator. He further asked if the Lake Holiday Plat would go before the Board of Supervisors and be treated as a Final Plat. The question was answered yes. Mr. Golladay asked if there were any further questions. There were none. Mr. Keith Williams moved to recommend that these two (2) sections (6B and 8A) of the Summit have approval to the Board of Supervisors. Mr. DeHaven seconded the motion and was passed unanimously. ELECTION OF VICE- CHAIRMAN It was decided by the Commission that the election of a new Vice - Chairman would be held off until the arrival of Mr. Perry, present Vice - Chairman. S U B D I V I S I O N R E G U L A T I O N STAFF COMMENTS In.Staff discussions, the following changes have been suggested and were explained by Mr. Ronald Berg at the Meeting: 1. Modify the definition of "Subdivide" to require a plat from large lot subdivisions. a. There are subdivisions in the County with three (3) acres and larger and we have no idea of their existence. b. We don't know where they are. c.. Don't know what type of lots they have. If the County has any subdivisions with lots five (5) acres or larger, the subdivider will have to submit a plat to the Subdivision Administrator.. Mr..Keith Williams questioned the five (5) acres. Mr. Ronald Berg stated that the five (5) acres was in conjunction with State Legislation - that it requires five (5) acres and not three (3) acres. Mr. Keith Williams brought up the question of defining the word "family ". He stated that it does not include everyone, such as: Step - children, foster children, etc. It was suggested that it be cut out of the Regulations. Mr. • Madigan said that the Commission should find a way to eliminate this. He further stated that it could create some problems. Mr, Keith Williams stated that the Commission should eliminate the definition. • -3- Section 2 -2 shall read: SUBDIVIDE To divide any tract, parcel or lot of land into two (2) or more parts, 'except however, (a) The term "to subdivide" shall not include: (1) A bona fide division or partition of agricultural land for agricultural purposes or, (2) For the building site for members of the family owning any such agricultural lands; provided, however, (3) The division of land into lots or parcels of land of five (5) or more acres shall submit a plat to the administrator for approval and shall otherwise be exempt from the requirements of this ordinance. (b) The administrator may, however, permit the separation of one ( (1) parcel from a tract of land without complying with all requirements of the Ordinance if it is (1) -not in conflict with the general meaning and purpose of the Ordinance, (2)- no new streets are required to serve the parcel, (3) -at least one (1) acre in area, and (4) -not less than one hundred fifty (150) foot frontage on a right -of -way accepted for maintenance by the Virginia Department of Highways. 0- PRELIMINARY AND FINAL PLATS 2. Improvements to the procedure for submitting plats to permit handling of Preliminary Plat as an administrative matter. The questionL, was again raised of presenting Preliminary and Final Plats to the Board of Supervisors and the Planning Commission. Mr. Ronald Berg stated that he doesn't see any reason for bringing the Preliminary Plat to the Board of Supervisors. That only the Final Plat is needed to go before the Planning Commission and to the Board of Supervisors. He further stated that he wanted to bring the Preliminary Plat to the Commission at the discretion of the Subdivision Administrator. Mr. J. 0. Renalds, County Administrator, can always suggest to the Board by Resolution that they change the procedures. Mr. Keith Williams thinks the Developer should have the option of bringing before the Board of Supervisors the Preliminary and Final Plats. Mr. Golladay agrees that it should be an administrative matter unless the administrator runs into a snag and wants assistance from the Commission. It was decided that on Page 8, Section 4 -2 should read as follows: • I PROCEDURE FOR PLATTING: (Subdivision Policies) The following • sequence of events and policies are to be followed in the subdivision of land: 1. Confer with agencies that must approve the plat: Frederick County Subdivision Administrator Virginia Department of Highways Frederick County Sanitation Authority Lord Fairfax Health District Frederick County Recreation Department 1 2. Submit nine (9.) blueprint copies and one (1) reproducible copy of the Preliminary Plat. Also submit five (5) copies of a Master Plan if additional sections are to be subdivided. All additional sections must be in accordance with the Master Plan unless a revised Master Plan is submitted and approved. Submit copies, Preliminary Plat and Master Plan if applicable, to Subdivision Administrator with the Plat Review Fee. Preliminary Plat and Master Plan must be in accordance with Frederick County Subdivision Ordinance, and must be received ten (10) days prior to next scheduled Planning Commission meeting for consideration at that meeting. 3. At the discretion of the administrator, the Preliminary Plat may be referred to the Planning Commission for its • recommendation. Owner or representative of land to be subdivided should be present at the Planning Commission meeting. 4. Subdivider prepares detailed construction plans for submission to the Subdivision Administrator, where new roads and water and sewerage systems and drainage structures are platted. 5. Final Plat, nine (9) blueprint copies and one (1) reproducible copy, submitted to the Subdivision Administrator along with approved construction plans approved by the agencies listed in Paragraph 1 as applicable. Final Plat must be received by the Subdivision Administrator within six (6) months of Preliminary Plat approval and at least ten (10) days prior to the next scheduled Planning Commission meeting for consideration at that meeting. 6. Planning Commission considers Final Plat and submits, recommendation to Board of Supervisors. 7. Plats will not be placed on Board Agenda for action until final written approval is received from reviewing agencies listed in Paragraph 1. 8. I£ approved by the Board of Supervisors, the Final Plat will be signed by the County Administrator upon receipt of an • adequate performance bond executed in favor of Frederick I -5- County, guaranteeing that roads, utilities, and other q improvements will be completed within two (2) years, and i3 ! • upon verification that all required easements have been recorded. The Final Plat may not be recorded until this procedure is accomplished. 9i. The Final Plat must be recorded within fourteen (14) days of the date of approval by the Board of Supervisors. 10. Proceed with construction. 11. Upon completion of construction, the applicant,may request that eighty per cent (80%) of the bond be released. This request must be accompanied by: (a) Approval from Highway Department of street construction. (b) Approval from the appropriate agency on water and sewer construction. (c) Certification by an Engineer or Surveyor that storm drainage facilities have been completed in accordance with approved plans. (d) One (1) set of reproducible as -built water, sewer and storm drainage plans. • 12. Upon,.meeting all requirements of the Highway Department, the applicant shall make a request to the Board of Supervisors to have the streets taken into the Secondary Highway Systems (exception is Recreational Subdivision - Article IV, Paragraph 4(a) of Frederick County Subdivision Ordinance). Applicants must maintain streets and storm drainage at their expense in any interim period from time of completion to acceptance into Virginia Department of Highways System and must post a "Defect" bond in appropriate amount upon requesting streets be taken into Virginia Department of Highways System. 13. Upon notification from the Highway Department that the streets have been taken into the Secondary Highway System, the final bond will be released. Mr. Ritter, Attorney for the Commission, said to let the Staff and Commission iron out the technicalities and then submit it to the Board of Supervisors. It should be the Commission and not the Board who recommends (Makes) the suggested changes. Mr. Madigan and Mr. Keith Williams are in complete agreement.with Mr. Ritter. It shall be as follows: • 1. Preliminary Plat to the Staff. 2. Recommendation of Final Plat to the Commission. 3. Final Plat to the Board of Supervisors. I I • SUBDIVISION REGULATI 3. Delete from the exceptions section the Recreational Subdivision clause. Page 10, Section 4 -5, Subsection (a) - -- The Commission would like to eliminate all of Subsection (a), and to leave in the NO ONE 'EXEMPT clause. Mr. Ritter questioned the authority of this Ordinance. Mr. Ronald Berg stated that the Subdivision Regulations would have to go to the City of Winchester for a period of 45 days before the Board of Supervisors can hold a Public Hearing. RECREATIONAL IMPACT CHARGES 4. Change recreational impact charges to a sliding scale based upon upon recreation facilities provided. Page 18, Section 6 -42, Subsection (a) - -- Change to read as follows: • • (a) Subdividers shall not be required to dedicate more than ten per cent ( %) of the gross area of the subdivision without reim- bursement by the governing body. ADD: - (1) Residential Recreation Communities as defined by the Frederick County Zoning Ordinance shall be exempt from this requirement. (2) R -4 zoning districts and mobile home subdivisions, as defined in Section 7, shall dedicate an additional five (5) per cent of the gross land area, or, at the discretion of the administrator, fifty dollars ($50.00) per family may be accepted in lieu of land. (3) R -1, R -2, R -3 zoning districts shall dedicate ten per cent (10 %) of the gross area, or, at the discretion of the administrator, seventy -five dollars ($75.00) per family in R -1, one hundred dollars ($100.00) per family in R -2 and R -3 may be accepted in lieu of land. (4) The administrator shall make the determination based upon, in part, the Master Plan for the subdivision.NOT the individual sections, and the acceptabilities of the land offered in dedication. (5) Any lands or monies accepted by the administrator are for public recreational uses, and shall be publicly maintained. Mr. Renalds stated that if someone doesn't agree with the administrative procedures, then they can go the Board of Zoning Appeals. A -7- PLANNED RESIDENTIAL COMMUNITY 5. Add Planned Residential Community requirements for open space maintenance. Mr. Ronald Berg stated that he would like to put the definition of OPEN SPACE in the Subdivision Regulations. He further stated that it was in the proposed Ordinance and that it should be in the Sub- division Regulations so that it will be consistant. RECREATIONAL SUBDIVISION It was requested that: "...covenants in the deed of dedication shall state that neither the proprietors and owners of said subdivisions or the pur- chasers of the said lots will request the Board of Supervisors of Frederick County, Virginia, or the Virginia Department of Highways that said streets be taken into the highway system until the said lot owners and proprietors have brought said streets up to the specifications of the Virginia Department of Highways of Frederick County, Virginia." I Iq The question was raised on whether it is pointed out to the prospective purchasers if it is incorporated in his Deed of Dedication. Mr. Ronald Berg stated that it is presently not in the individual ® deed. Mr. Golladay stated that he thought it should be in the individual deed. Mr. Berg was in complete agreement with Mr. Golladay. Mr. Clinton Ritter stated that he thought the restrictions should be on the face of the Deed stating the Deed Book number, and page number. SETBACK REQUIREMENTS Mr. R. Wesley Williams, ;Administrative Supervisor for the Health Department, asked about the seventy -five (75) foot setback. Mr. Berg stated that seventy -five (75) feet was the maximum and that the setback line could not be less than twenty -five (25) feet nor more than seventy -five (75) feet from the line. LOT SIZE (WATER OR SEWER) - PRIVATE Mr. R. Wesley Williams stated that on Page 13, Section 6 -3, that the Health Department would have some problems with only fifteen thousand (15,000) square feet. He explained that there would not be enough room for the septic system. Change to read twenty thousand (20,000) instead of fifteen thousand (15,000) square feet.. r 1 LJ I we LOT SIZE (WATER AND SEWER) - PUBLIC • It was requested that the ten thousand (10,A00) square feet or more in area be changed to read twelve thousand (12,000) square feet or more in area. (Page 13, Section 6 -2). FRONTAGE A lengthy discussion followed on how much frontage a lot should have. Mr. Berg stated that in R -1, R -2, and R -3, the frontage was one hundred (100) feet. In A -1, the frontage was two hundred (200) feet, and in A -2, the frontage was one hundred fifty (150) feet. �I More lengthy discussion followed in which case Mr. Golladay suggested that the Ordinance should be left as is and that if it wasn't practical that the Commission could come back later and amend it. TRAILERS . Mr. DeHaven raised the question of two (2) trailers on one (1) acre. He asked what the difference was between a trailer and a home. Lengthy discussion followed. It was stated that two (2) different people could have two (2) • different trailers oneone ki) acre of land. Mr. R. Wesley Williams stated that the size of a septic system was based on the number of bedrooms with two (2) people per bedroom. It was decided that there would be one (1) home per acre and two (2) trailers per acre. The Commission could come back later and amend if need be. DOUBLE WIDES Mr. Clinton Ritter would like to have Double Wide Mobile Homes put into the definition section of the Subdivision Regulations. He further stated that a double wide mobile home is considered a mobile home under the definition of this ordinance. Lengthy discussion followed. Mr. Keith Williams stated that only mobile home needs to be defined. Mr. Ritter stated that the current definition of mobile home was incorrect and that will have to be changed. Mr. Berg stated that he would leave the definition of Modular • Home out of the Regulations. The definition of mobile home will be as follows: I "A wheeled vehicle, titled by Virginia StatenDivision of -Motor U Vehicles and /or construction on a metal under carriage, and approved /lr� • by the Mobile Home Manufacturing Association." Mr. Keith Williams stated that the word "Road" should be included to read the same as "Street ". STREET, SERVICE DRIVE Mr. Keith Williams asked for a clarification on Page 6, Section 2 -32. Mr. Venskoske said that the Major Highway should be included to clarify which rightlof -way was being spoken of. It will read as follows: STREET, SERVICE DRIVE: A public right -of -way generally parallel and contiguous to a major highway, primarily designated to promote safety be eliminating promiscuous ingress and egress to such major highway by providing safe and orderly points of access to the highway and streets ending in cul -de -sac. CERTIFIED CHECK ® Mr. Keith Williams questioned the advisability of a Certified Check. Thinks that a bond would be better. Mr. Golladay suggested that they eliminate the Certified Check and let it read Bond in all necessary places. 1022[ The section on the length of blocks should be deleted. CUL -DE -SACS Page 17, Section 6 -33, changed to read as follows: Cul -de -sacs: Generally, minor terminal streets (Cul -de- sacs), designed to have one end permanently closed. Each cul -de -sac must be terminated by a right -of -way turn - around of not less than one hundred (100) feet in diameter. COMMON WALKS • Page 20, Section 7 -7 (3) - -- Mr. Keith Williams stated that the sentence did not make any sense. It was changed to read as follows: I L7 1 _lo_ (3) Common Walkh: Common walks shallbbe provided in locations t� where pedestrian traffic is concentrated; for example, at the entrance to the subdivision and other important facilities. Common walks should/ r preferably be through interior areas removed from the vicinity of streets. CUL -DE -SACS Page 24, Section 7 -30. Change to read same as on Page 20, Section 7 -7 (3). VALIDITY Insert the word "ordinance" on Page 30, Section 10 -4 to read as follows: .shall not affect the validity or constitutionality of this subdivision ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional. APPROVAL • Mr. Perry moved to approve the subdivision regulation with the changes and to send it on to the City of Winhhester for their approval. Mr. Keith Williams seconded and the motion was passed unanimously. RESIGNATION Mr. Perry would like to resign as Vice - Chairman. Mr. Golladay stated that he would like Mr. Perry's resignation in writing. Mr. Venskoske moved to accept Mr. Perry's resignation with Mr. DeHaven seconded and the motion passed unanimously. NEW VICE- CHAIRMAN Mr. Perry moved that Keith Williams be Vice - Chairman. He stated that Mr. Williams was very competent and dependable. Mr. DeHaven seconded and the motion carried. ADJOURNMENT • Mr. Williams moved to adjourn the Meeting with Mr. DeHaven seconding. The motion was carriedunnanimously. James W. Golladay &airman H. Ronald Berg, Secre ary \ J