September 16, 1980 Joint Public HearingMX
Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by R. Thomas Malcolm, seconded by Kenneth Y.
Stiles and passed unanimously, the Board reconvened into Regular
Session.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS
ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN,.
? �
B ar o ervisors /Clerk, Board of Supervisors
f (f7
A Joint Public Hearing of the Frederick County Board of Super-
visors and the Frederick County Planning Commission was held on
September 16, 1980 at 7:00 P.M. in the Board of Supervisors' Meet-
ing Room, 9 Court Square, Winchester, Virginia.
PRESENT:
Board of Supervisors - S. Roger Koontz, Chairman; Will L. Owings)
Vice - Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm'
and Kenneth Y. Stiles.
Planninq Commission - C. Langdon Gordon, Chairman; Frank Drum-
back, Vice Chairman; Elmer Venskoske; W. French Kirk; James Golla-
day, Jr and Manuel DeHaven.
CALL TO ORDER
Chairman Koontz called the meeting to order and read the rules
of procedure which would be followed during the hearing.
PUBLIC HEARING - RE: PROPOSED DOWNZONING OF FREDERICK COUNTY
Mr. John Riley, Planning and Development Director, reviewed
briefly, the proposed changes in the agricultural zoning in the
County and there was no public comment regarding said changes.
Mr. Riley then briefly summarized the proposed changes in the
residential zoning.
Mr. Thomas Dickenson appeared before the Board representing Mrs.
Mabel Bond, et al and stated that he wanted to address two parcels
of property, one of which was Parcel 200 on Tax Map #42 which
contains approximately 60 acres and is located on the east side of
61
Applie Pie Ridge Road in the Stonewall District. He noted'that
the property is currently zoned residential and is proposed to be
changed to agricultural. Mr. Dickenson advised that a proposed
subdivision of this property had been submitted approximately one
i
month ago and they would therefore be opposed to downzoning of the
property to agricultural. He advised that the property is totally
surrounded by subdivisions already on record. Mr. Dickenson states
that the other parcel he wanted to address was Parcel 216 and the
same comments would apply to this parcel.
The Chairman then asked for comments on any of the proposed
changes in the commerical zoning.
Mr. Linden Vann appeared before the Board and stated that he
owned Parcel 104 on Tax Map #63 which he had purchased for a bus-
iness use. He advised that his property is adjoined by the Kern
Bread Company and the property behind him is zoned industrial.
He requested that his property remain commercial.
Ms. Louise Brim appeared before the Board and stated that she
owns Parcel 71 on Tax Map #74 which consists of 27 acres at BartonE
ville currently zoned B -2 and proposed to be rezoned agricultural.
She advised that the two adjoining properties to the north of her
land are being retained commercial and she requested that her prop-
erty also be retained commercial.
The Chairman then asked for comments regarding any of the pro-
posed changes in the industrial zoning.
Mr. Henry Kyhkynen, Assistant Director of Land Management for
Flintkote Company, a subsidiary of Grove Lime Company appeared
before the Board and stated that his company concurred with the
extractive mining category for their property in Middletown but
would request that their property in Stephens City, set forth as
Parcels 43, 46, 46A, 46B, 46C and a portion of 47 on Tax Map #85,
remain M -2. He stated that they felt a heavy industrial use at
this site would be beneficial to the County and is very well
suited for such use inasmuch as it has a railroad and Route 11 in
the area.
Mr. White asked if the company planned to do any further mining
at this site and Mr. Kyhkynen replied that the vien is so narrow
it would be uneconomical to mine.
62
Mr. Paul Anderson appeared before the Board and stated that if
this property remains M -2 there would be no control over what type
industry might locate there.
Mr. Louis Costello appeared before the Board and stated that he
wanted to address parcels A & B on Tax Map #85, Circle 2 which he
owns and Parcel 48 on Tax Map #85, Circle 2 which is owned by Mar-
shall Conner. He stated that the purpose of planning is generally
to develop a master plan for a zoning map which should be a forward
looking document and that the Board brings pressure to bear on their
own officers, as well as the Planning Commission officers, when they
restrict the zoning area. He stated that the proposed downzoning
flies in the face of the 1973 Zoning Ordinance and the 1976 Compre-
hensive Plan. He noted that at the time the zoning was done, water
I
and sewer was not available and that if the plan was valid, it is
inconceivable that the percentage cut proposed makes any sense. Mr.
I
Costello stated that the criteria for the downzoning was invalid
when applied to this property and has the effect of a spot zoning
inasmuch as it could never be farmed and therefore should not be
zoned agricultural. He stated that this was government control of
private land which can be accomplished in three ways: (1) condemna-
tion, (2) makes taxes so high you cannot afford to keep it, and (3)
restricts its use. He added that if the Board was trying to keep
people out of the County it was unconstitutional.
Mr. Sam Lehman appeared before the Board and stated that this
downzoning will not slow the pace of growth in the County because
the County already has enough urban zoned land for many years growtr
He added that the downzoning will provide the Board the opportunity
to zone land as they see fit and that the current zoning makes a
mockery of that right.
Mr. Charles Bauserman of the Frederick County Farm Bureau appear-
ed before the Board and presented a statement regarding the position
of the Farm Bureau on the proposed downzoning supporting the effort:
of the Board of Supervisors and the Planning Commission in this
endeavor.
Mr. Paul Anderson stated that he felt the Board of Supervisors
and the Planning Commission, as well as the staff, should be applaud
ed for their work on the downzoning project.
63
Mr. White asked Mr. Costello if he had requested that his prop-
erty be retained in its current zoning category and Mr. Costello
stated that he had appeared every time he could to make this re-
quest.
Mr. White then asked Mr. Costello if he acknowledged that there
could be a potential conflict between his property and the mining
property behind him and Mr. Costello replied that this operation
is being moved across the road and that he felt because of the
extractive mining district, in which quarrying operations will be
placed, the entire operation will move across the road.
Mr. Randolph Larrick appeared before the Board representing Mr.
J. P. Darlington, the owner of Parcels 96, 97 and 98 on Tax Map
#54, zoned M -2 and Parcel 25, zoned R -3 and a portion M -2. He
stated that they have informally submitted a plan to rezone this
property so that it will be consistent with the surrounding area.
He requested that the property be zoned business or M -1.
Mr. Stiles asked him if he was requesting this zoning for the
entire tract and Mr. Larrick replied that this was correct.
The Board recessed for five minutes.
The Chairman thanked the Planning Commission members, Board
members, and the general public for attending the meeting and
presenting their comments. He advised that the comments would be
considered and the Planning Commission and Board would hopefully
vote on this issue at their October meetings.
UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT IS
ORDERED THAT THE BOARD OF SUPERVISORS DO NOW ADJOURN.
0 , drk, Board of Supervisors
A Regular Meeting of the Frederick County Board of Supervisors
was held on September 24, 1980, at 7:00 P.M. in the Board of
Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia.
PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice
Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas Malcolm