October 08, 1980 Regular Meeting68
A Regular Meeting of the Frederick County Board of
Supervisors was held on October 8, 1980, in the Board of
Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia,
at 7:00 P.M.
PRESENT S. Roger Koontz, Chairman; Will L. Owings,
Vice - Chairman; William H. Baker; Rhoda W. Maddox; R. Thomas
Malcolm; and Kenneth Y. Stiles. Mr. Baker arrived late and
therefore is not recorded as voting on the first seven agenda
items.
CALL TO ORDER
The Chairman called the Meeting to order.
INVOCATION
The invocation was delivered by Reverend David Knight of the
Frederick County Episcopal Parish.
ADOPTION OF AGENDA
Mr. Stiles suggested that the Board retire into executive
session prior to voting on the proposed comprehensive rezoning to
discuss the legal aspects thereof. He also requested that the
Board discuss the contract between the School Board and the
contractor for the new high school at the end of the regular
business. The Board concurred with these requests.
Upon motion made by Will L. Owings, seconded by Rhoda W.
Maddox and passed unanimously, the agenda was adopted as
amended.
APPROVAL OF MINUTES
Mr. Stiles requested that the following corrections be made
to the minutes: August 27, 1980, Page 5 " contridicts" should be
spelled "contradicts "; Page 6 Apple Tractor Company was
"Discussed" not "Approved "; Page 13 the operating surplus should
read "$549,421" and not "$1,732,563" which is the total County
surplus as of June 30, 1980.
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W.
Maddox and passed unanimously, the minutes of the Regular Meeting
of the Board of Supervisors held on August 27, 1980, were
approved as amended.
REAPPOINTMENT OF RICHARD G. DICK TO INDUSTRIAL DEVELOPMEN
AUTHORITY - APPROVED
Upon motion made by R. Thomas Malcolm and seconded by Will 69
L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein reappoint Mr. Richard G. Dick
to serve as a member of the Industrial Development Authority of
Frederick County, Virginia, for a term of four years, said term
to become effective November 10, 1980 and terminate on November
10, 1984.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R.
Thomas Malcolm, and Kenneth Y. Stiles.
REAPPOINTMENT OF GENE T. DICKS TO INDUSTRIAL DEVELOPMENT
AUTH RITY - APPROVED
Upon motion made by Will L. Owings and seconded by Kenneth
Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein reappoint Mr. Gene T. Dicks
to serve as a member of the Industrial Development Authority of
the County of Frederick, Virginia, for a term of four years, said
term to become effective November 10, 1980, and terminate on
November 10, 1984.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R.
Thomas Malcolm, and Kenneth Y. Stiles.
PUBLIC HEARINGS
CUP #010 -80 - RALPH W. MACHOTKA, ET UX - BACK CREEK DISTRICT
APPROVED
Mr. Riley presented the request for conditional use permit
of Ralph W. and Veronica A. Machotka and read the reviewing
agencies comments. He advised that the Planning Commission
recommended approval of the request with conditions.
Mr. and Mrs. Machotka appeared before the Board in support
of their request.
{ There was no opposition.
Mr. Malcolm stated that Mr. Baker would arrive late and had
asked him to ask for clarification of condition number two. Mr.
Riley replied that this would be a three year permit, with annual
review by the staff; that if there are any adverse effects
70
relative to the permit, it would be returned to the Planning
Commission and the Board for review and reevaluation, otherwise
it would be renewed annually by the staff the first two years.
Mr. Machotka stated that he understood and accepted the
conditions.
There was no opposition.
Upon motion made by R. Thomas Malcolm and seconded by
Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve Conditional Use
Permit Number 010 -80 of Ralph W. and Veronica A. Machotka, to
operate a one -man sign business as a home occupation in their
home located on the north side of Route 621, adjacent to Jackson
Woods Subdivision in the Back Creek Magisterial District, zoned
Residential-General (R -2), with the following conditions:
1. Review and renew annually.
2. This shall be a three (3) year permit.
3. If the nature of the business changes, additional
improvements such as parking, acess and hours of
operation will be addressed.
4. If the use is discontinued, or occupancy or ownership
changes, this conditional use permit shall expire and a
new conditional use permit will be required.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R.
Thomas Malcolm, and Kenneth Y. Stiles.
ZMAP #009 -80 - DELMAR A. BAYLISS - R -3 TO B -2 - SHAWNEE
MAG STERIAL DISTRICT - APPROVED
Mr. Riley presented the rezoning request of Delmar A.
Bayliss and read the reviewing agency comments. He advised that
the Planning Commission recommended approval of the request.
Mr. Benjamin Butler, Attorney, appeared before the Board
representing Mr. Bayliss and described the type of structure
proposed for the site stating that it would be a one story and
modern in structure.
There was no opposition.
Upon motion made by R. Thomas Malcolm and seconded by
Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County
71
of Frederick, Virginia, does herein approve Zoning Map Amendment
Petition Number 009 -80 of Delmar A. Bayliss, 1001 Berryville
Avenue, Winchester, Virginia, requesting that .5 acres on Route
716 (Dodge Avenue) now zoned Residential-General (R -3) be rezoned
Business - General (B -2), said property is designated as Parcels 1
and 17 on Tax Map Number 547 in the Shawnee Magisterial
District.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, Rhoda W. Maddox, R.
Thomas Malcolm, and Kenneth Y. Stiles.
ZMAP #015 -80 - MESSRS. HUGH PRICE, THURSTON COLLINS AND
ELMORE NORRIS - R -2 TO B -2 - SHAWNEE MAGISTERIAL
DISTRICT - APPROVED
Mr. Riley presented the request of Messrs. Price, Collins
and Norris to rezone their property from R-2 to B -2 and read the
reviewing agency comments. He advised that the Planning
Commission recommended denial of this request.
Mr. Hugh Price appeared before the Board in support of their
request and stated that he had been approached by a real estate
agent representing an individual who wants to rent the property
for the operation of a home cleaning service called Service
Master. He advised that the proposed lessee had stated that
there is sufficient storage area in the house to accomodate his
needs and there would be no equipment such as trucks stored
there.
Mr. Stiles expressed concern regarding approval of such an
operation as a home occupation in a residential district stating
that he felt this was way beyond the scope of a home occupation.
Mr. Baker arrived at the meeting.
Mr. Lorring Carper appeared before the Board in opposition
to the rezoning request stating that he represented the residents
of College Park Subdivision. He presented a petition of
opposition to the Board which he stated had been signed by all
adjoining property owners except one. He also presented a copy
of the petition they had presented to the Planning Commission in
opposition to this request. Mr. Stiles requested that these
petitions be made a part of the record and kept on file in the
office of the County Adiministrator. The Board concurred.
72
Mr. Charles Luttrell appeared before the Board in opposition
to the request and stated that he had been told by one of the
property owners that the sole purpose of this rezoning was to
increase the value of the property. He noted that the property
owners have moved from the area and are not now concerned with
the residents who live there. Mr. Luttrell advised that there is
no water or sewer at this location and there is also a severe
water runoff problem. He added that he felt the Board should
know exactly what will be located on the property before it is
rezoned.
Mr. Malcolm asked Mr. Luttrell if he lived next door to the
bank and if he at one time owned the lot the bank is located on.
Mr. Luttrell replied that he did live next door to the bank and
he did in fact sell them the lot in 1973. Mr. Malcolm asked where
water and sewer service to the bank came from and Mr. Luttrell
replied that he felt it was serviced by the city system.
Mr. Malcolm stated that he had talked with Mr. Price and
others about this property and he would agree with the recommen-
dation of the Planning Commission and staff that this applica-
tion be denied at this time due to the fact that it cannot be
serviced by the County sewage system and would have to be served
by the City system. He added that there is a water runoff problem
in this area. Mr. Malcolm stated that he wanted it to be under-
stood that it is only a metter of time before that whole area
becomes a business zone simply because of the nature of the area.
He added that he felt this flies in the face of County planning
and does not set a very good precedent at this time.
Mr. Stiles stated that he felt it was important to note that
this rezoning application in essence flies in the face of the
proposed downzoning. He added that the big problem in the area
is the lack of sewer services and the Board should be consistent
in its actions. He stated that he felt everyone recognized that
this property is a prime candidate for commercial development.
W
Upon motion made by R. Thomas Malcolm and seconded by
Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein deny Zoning Map Amendment
Petition Number 015 -80 of Messrs. Hugh Price, Thurston
Collins and Elmore Norris of Millwood Pike, Winchester,
Virginia, requesting that 3.27 acres now zoned Residential -
Limited (R -2) be rezoned Business-General (B-2), said property
being designated as Lots 7, 8, 9, 10 and 11 on Tax Map Number
64(A)4 in Shawnee Magisterial District.
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21,
ZONING ADOPTED JULY 12, 1978 TO AMEND ARTICLE XIV, SECTION
21 -119, 21-120 21-121, 21 -122, AND 21 -123: DELETE SECTION
Mr. Riley presented the proposed ordinance amendment and
stated that the Planning Commission recommended approval of same.
He noted that this amendment is in line with the Planning
Commission's work program to redraft ordinances to provide for
greater clarification and address items such as performance
standards and specific uses in zones to make the ordinances more
understandable both by the staff and the public.
Mr. James Golladay of the Planning Commission stated that he
felt this amendment would make the ordinance much mare complete.
There was no opposition.
Upon motion made by Kenneth Y. Stiles and seconded by
William H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve, on third and final
reading, the following ordinance amendment:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAFER 21,
ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE XIV, SECTION
21 -119, 21 -120, 21 -121, 21 -122, AND 21 -123: DELETE SECTION
21 -124 AND SECTION 21 -125
M -1 LIGHT INDUSTRIAL DISTRICT
W
Sec. 21 -119
This district is designed to provide for a variety of
industrial uses which, with appropriate screening, can be
conducted in such a manner so as not to adversely affect nearby
commercial or residential districts. Uses which cannot be
conducted without giving off large amounts of noise, dust, smoke,
etc., are not permitted. Screening provisions are included in
order to protect adjacent properties. Safe access to the site
shall be considered in the establishment of an M -1 District, and
access over minor roads (as shown on the current VDH &T Functional
Classification Map for Frederick County) shall be avoided.
Sec. 21 -120 Permitted Uses
In an M -1 Light Industrial District any structure to be
erected or land to be used shall be for one or more of the
following uses:
(a) The manufacture, compounding, processing,
assembling, packaging, treatment, fabrication, or
recycling of products from the following
previously prepared basic materials: cloth, cord,
cork, feathers, felt, fur, glass, leather
(excluding tanning), metals (excluding use of coke
and coal as fuel in processing), paper and
plastics, potting clay (any kilns to be gas or
electric fired), precious and semi- precious
stones, shell, straw, tobacco, wax, wood (except
sawmills and planing mills using logs which have
not been previously cut into rough lumber) and
yarn.
(b) The wholesale storage, warehousing and sales of
rentals of materials, excluding the following
types of products: Flammable petroleum products
or chemicals, explosives, radioactive materials,
and other types of materials which, in the opinion
of the Administrator, are similarly hazardous to
store in an M -1 District.
(c) The manufacture, compounding, assembling, or
treatment of cosmetics, pharmaceuticals, perfume
and perfumed products such as soap and candles,
beverages (non - alcoholic), art objects and food
products (excluding fish and meat products,
sauerkraut, vinegar, yeast and the rendering or
refining of fats and oils.
(d) Service establishments which process and deliver
their product in bulk by truck or van such as
commercial laundries or dry cleaners, linen
services, carpet cleaners, communication services,
canteen services and similar services.
(e) Laboratories - experimental, film or testing.
(f) General Office Buildings, only as a secondary use
to the principle use.
(g) Restaurants, provided that adequate access is
available, without endangering patrons due to
truck traffic.
(h) Public utility generating, booster or relay
stations, transformer substations, transmission
lines and towers, and other facilities for the
provisions and maintenance of public utilities;
including railroads and sewer facilities and water
and sewer lines; excluding general office
buildings.
75
(i) Accessory uses as defined; business signs; and
limited retailing of goods manufactured on the
premises only as a secondary use.
Sec. 21 -121 Uses Permitted with a Conditional Use Permit
(a) Temporary office trailers or storage trailers,
provided there is no residential use of the
trailer and trailer use not to exceed six (6)
months.
Sec. 21 -122 Requirements for Permitted Uses
(a) Before a building permit shall be issued or
constructicn commenced on any permitted use in
this district or a permit issued for a new use,
the plans, in sufficient detail to show the
operations and processes to be undertaken, shall
be submitted to the Zoning Administrator for
study. The Administrator may refer these plans to
the Planning Commission for recommendation.
Modifications of these plans, in order to bring
them into compliance with this ordinance, may be
required by the Administrator or the Planning
Commission.
(b) Permitted uses shall be conducted wholly within a
completely enclosed building or within an area
enclosed on all sides by a slid masonry wall or a
uniformly colored solid opaque fence six (6) feet
in height. Public utilities and signs requiring
natural air circulation, unobstructed view, or
other technical considerations necessary for
proper operation may be exempt from this
provision. This exception does not include
storing of any material.
(c) Any part of a lot not used for buildings or other
structures, or off - street parking, loading and
maneuvering areas, drives and pedestrian walks,
shall be planted with appropriate planted ground
cover, trees, flowers, shrubs and grass lawns, all
of which shall be properly maintained in a healthy
condition at all times.
(d) Within any required yards there may be required
adequate landscaping aril /or screening to protect
surrounding properties from adverse effects. The
extent of such required landscaping and /or
screening shall be determined by the Administrator
who may refer the matter to the Planning
Commission.
(e) All uses within an M -1 District shall conform to
all applicable performance standards as specified
in Article I.
(f) A site plan as specified in Article XVIII shall be
submitted to the Administrator.
Sec. 21 7123 Height, Area, and Bulk Regulations
(a) Area Regulations
individual sewage
area for any such
health official.
(b) Yard Regulations
For permitted uses utilizing
disposal systems the required
use shall be approved by the
- All structures shall be set back from the
right -of -way line of all highways, roads, or
streets a minimum of seventy -five (75) feet. No
76
off - street parking or loading area shall be within
twenty -five (25) feet of any such right-of-way.
- No portion of any structure shall be erected
less than seventy -five (75) feet frcm any
Residential District or areas within other
Districts which are predominantly Residential in
nature, twenty -five (25) feet from all other
districts and property lines. No minimum yard is
required on a yard which abutts a railroad
right-of-way. No off - street parking or loading
area shall be less than fifty (50) feet from a
Residential District or areas within other
Districts which are predominantly Residential in
nature, twenty -five (25) feet for all other
Districts. Off - street parking shall be required
in accordance with Section 21 -13.
(c) Height Regulations - Maximum building height shall
be thirty -five (35) feet. Any exceptions to this
regulation are contained in Article I of this
ordinance.
(d) Maximum Lot Coverage - No more than fifty (50)
percent of lot shall be covered with structures
or paved with an impervious surface, i.e.
(asphalt, concrete, double seal)
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox, R. Thomas Malcolm and Kenneth Y. Stiles.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE
Mr. Riley presented the proposed amendment and advised that
the Planning Commission recommended approval of same.
There was no opposition.
Upon motion made by William H. Baker and seconded by Kenneth
Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve, on third and final
77
reading, the following ordinance amendment.
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21,
ZONING, ADOPTED JULY 12, 1978 TO AMEND ARTICLE XIII,
INDUSTRIAL TRANSITION DISTRICT (B -3), SECTION 21 -115 BY THE
ADDITION OF (n) FARM IMPLEMENT SALES AND SERVICE
Section 21 -115
(n) Farm Implement Sales and Service.
The above resolution was passed by the following recorded
vote: Aye - S. linger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
AN ORDINANCE TO AMEND THE FREDERI COUNTY CO DE
SECTI(RV Z1 -1L6. Ll -ILl, LI -ILl. I, cI -Ica, cI -icy; Lr, LGlr
-I.SU, L1 -IJI LI -I3L - - rn
Mr. Riley presented the proposed ordinance amendment and
stated that the Planning Commission recommended approval of said
amendment.
There was no opposition.
Upon motion made by William H. Baker and seconded by Kenneth
Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County
of Frederick, Virginia, does herein approve, on third and
final reading, the following ordinance amendment:
AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21,
ZONING, ADOPTED JULY 12, 1978, TO AMEND ARTICLE XV, SECTION
21 -126 21 -127 21- 127.1, 21 -128, 21 -129; DELETE SECTION
21 -130 21 -131, 21 -132.
ARTICLE XV - INDUSTRIAL GENERAL DISTRICT M -2
Sec. 21 -126
This district is designed to provide for a variety of
industrial uses which would not usually be compatible with nearby
commercial or residential uses. Performance controls are
measured at the district boundary as opposed to individual lot
boundaries in order to allow minimum flexibility for permitted
uses. Where an M -2 District does abutt a residential or
agricultural District, yard requirements are greater than for M -1
Districts. Screening provisions are included in order to protect
adjacent properties. Safe access to the site shall be considered
in the establishment of an M -2 District, and access over minor
roads (as shown in the current VDH & T Functional Classification
Map for Frederick County) shall be avoided.
Sec. 21 -127 Permitted Uses
78
In an M -2 General Industrial District, any structure to be
erected or land to be used shall be for one or more of the
following uses:
(a) All uses permitted in an M -1 Light Industrial
District with the exception of restaurants and
general office buildings. These uses shall comply
with all M -1 regulations except that the M -2
performance standards shall apply.
(b) The following types of uses when located at least
one hundred (100) feet from a Residential District
or areas within other Districts which are
predominantly Residential in nature.
- Fish, poultry and meat processing (excluding
slaughterhouse, stockyard, or rendering of fats.
- Concrete, gypsum, cement or clay products
manufacturing
- Distilling or brewing of alcoholic beverages
- Vinegar, yeast, sauerkraut and pickling
operations
- Automobile graveyard or junkyards
- Recycling of paper, metal, plastics, or similar
products
(c) The following types of uses when located at least
three hundred (300) feet from a Residential
District or areas within other Districts which are
predominantly Residential in nature.
- Asphalt or asphalt products processing
- Bleaching, cleaning, or polishing products
(including dressings and blockings) processing
- Creosote manufacture or treatment
- Fertilizer manufacturing
- Foundry of forge works
- Glue manufacture
- Hair and hair products processing or
manufacturing
- Incinerator, public or private
- Plastics manufacturing
- Potash works
- Rendering Operations
- Rolling mills for metals
- Rubber, gutta percha, balata, or similar products
manufacturing or treatment from crude or scrap
materials
- Sawmills and planing mills using unprepared logs
- Slaughter houses
- Smelting works
- Steam power plants, excluding accessory plants
- Sugar refining
79
- Tar or asphalt roofing manufacturing and tar
distillation
- Tanning
- Truck terminals
- Wood preserving operations
(d) Public utility generating, booster or relay
stations, transformer substations, transmission
lines and towers, and other facilities for the
provision and maintenance of public utilities,
including railroads and sewer facilities and water
and sewer line; excluding general office
buildings.
(e) Accessory uses as defined and business signs.
(f) For uses not specifically listed above, the
Administrator shall determine which sub- section
shall apply, if any, and may refer the matter to
the Planning Commission for their interpretation.
Sec. 21- 127.1. Uses Permitted with a Conditional Use
Permit
Uses listed below under items (a) through (i) shall be
located at least six hundred (600) feet from a Residential
District or areas within other Districts which are
predominantly Residential in nature.
(a) Explosives, including ammunition and fireworks,
manufacturing or storage thereof.
(b) Gas manufacturing (natural gas or from coal or
petroleum) or storage thereof.
(c) Hydrogen or oxygen processing and storage.
(d) Petroleum refining and manufacturing or storage of
flammable petroleum products.
(e) Insecticide, herbicide, or poison manufacturing or
storage thereof.
(f) Acetylene generation or storage thereof.
(g) Asbestos processing.
(h) Match manufacturing.
(i) Oil paints, shellac, turpentine, varnish or enamel
manufacturing or storage.
(j) Temporary office trailers or storage trailers,
provided there is no residential use of the trailer
and trailer use not to exceed six (6) months.
Sec. 21 -128. Requirements for Permitted Uses
(a) Before a building permit shall be issued or
construction commenced on any permitted use in this
district or a permit issued for a new use, the
plans, in sufficient detail to show the operations
and processes to be undertaken, shall be submitted
to the Zoning Administrator for study. The
Administrator may refer these plans to the Planning
Commission for recommendation. Modifications of
these plans, in order to bring them into compliance
MOO
with this ordinance, may be required by the
Administrator or the Planning Commission.
(b) Permitted uses shall be conducted wholly within a
completely enclosed building or within an area
enclosed on all sides by a solid masonry wall, a
uniformly colored solid opaque fence, or an
evergreen hedge, six (6) feet in height. Public
utilities and signs requiring natural air
circulation, unobstructed view, or other technical
considerations necessary for proper operation may
be exempt from this provision. This exception does
not include storing of any material.
(c) Any part of a lot not used for buildings or other
structures or off - street parking, loading and
maneuvering areas, drives and pedestrian walks,
shall be planted with appropriate planted ground
cover (trees, flowers, shrubs, or grass lawns) all
of which shall be properly maintained in healthy
condition at all times.
(d) All uses within an M -2 District shall conform to
all applicable performance standards as specified in
Article I.
(e) A site plan as provided for in Article XVIII shall
be submitted to the Administrator.
Sec. 21 -129. Height, Area and Bulk Regulations
(a) Area Regulations - For permitted uses utilizing
individual sewage disposal systems, the required
area of any such use shall be approved by the
health official.
(b) Yard Regulations - All structures shall be set back
from the right -of -way line of all highways, roads
or streets, a minimum of seventy -five (75) feet.
No off - street parking or loading shall be within
twenty -five (25) feet of any such right -of -way
line. Except as provided for in Section 21 -127, no
portion of any structure shall be erected less than
twenty -five (25) feet from any district or property
line. No minimum yard is required on a yard which
abutts a railroad right -of -way. No off - street
parking shall be less than fifty (50) feet from any
residential district or areas within other
districts which are predominantly residential in
nature; twenty -five (25) feet from any other
district property line. Off - street parking shall
be required in accordance with Section 21 -13.
(c) Heiqht Regulations - Maximum building height shall
be thirty -five (35) feet. Any exceptions to this
regulation are contained in Article I of this
ordinance.
(d) Maximum Lot Coverage - No more than fifty (50)
percent of a lot shall be covered with structures
or paved with an impervious surface (i.e. asphalt,
concrete, double seal.)
The above resolution was passed by the following recorded
vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker,
Rhoda W. Maddox, R. Thomas Malcolm, and Kenneth Y. Stiles.
am
BOARD RETIRES INTO EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by R..Thomas
Malcolm and passed unanimously, the Board retired into Executive
Session in accordance with Section 2.1 -344, Subsection (a)(6) of
the Code of Virginia, 1950, as mended, to consult with legal
counsel regarding the proposed comprehensive rezoning of
Frederick County.
` BOARD WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Kenneth Y. Stiles, seconded by William
H. Baker and passed unanimously, the Board withdrew from
Executive Session.
BOARD RECONVENES INTO REGULAR SESSION
Upon motion made by Kenneth Y. Stiles, seconded by William
H. Baker, and passed unanimously, the Board reconvened into
Regular Session.
COMPREHENSIVE REZONING OF FREDERICK COUNTY - APPROVED
Mr. David Andre', Attorney, stated that a public hearing had
been properly held on September 16, 1980, and therefore it would
not be necessary to receive public comment at this meeting. He
suggested that Mr. Riley present the recommendations of the
Planning Commission and their action; that a motion should then
be made and seconded to adopt the Planning Commission
recommendation and then page by page, the chair should call for
amendments by the Board which should also be done by motion. He
added that after the entire category is completed, a motion with
the amendments may be made, seconded and voted upon.
Mr. Riley then presented Zoning Map Amendment Petition
#013 -80 of the Frederick County Planning Commission Frederick
County, Virginia, recommending that the property now zoned A -2
(Agricultural-General) and A -1 (Agricultural - Limited) be rezoned
to the following categories as listed herein and identified by
the Frederick County Property Identification Map and Parcel
Number as follows:
°2
THEREFORE BE IT RESOLVED, That the Frederick,County Planning
Commission unanimously recommends approval to the Board of
Supervisors of Zoning Map Amendment Petition Number 013 -80
requesting that the property now zoned A -1
(Agricultural - Limited) and A -2 (Agricultural - General), be
rezoned to the following categories as listed herein and
identified by the Frederick Conty Property Identification
Map and Parcel Number.
There was no discussion.
Upon motion made by Kenneth Y. Stiles, seconded by Rhoda W. Maddox and
passed unanimously,
BE IT RESOLVED, That the Board of Supervisors of the County of
Frederick, Virginia does herein approve Zoning Map Amendment Petitiion Number
013 -80 requesting that the property now zoned A -1 (Agricultural- Limited) and
A -2 (Agricultural-General), be rezoned to the following categories as listed
herein and identified by the Frederick County Property Identification Map and
Parcel Number. This ordinance shall be in full force and effect upon
adoption by the Board of Supervisors of Frederick County, Virginia and it is
declared to be the intention of the Board of Supervisors that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable
and if they shall be declared unconstitutional or otherwise invalid, such
unconstitutionality or invalidity shall not affect any of the remaining phras
clauses, sentences, paragraphs and sections of this ordinance.
ZMAP 44
Parcel: 6 Valley Fertilizer Stonewall District
A -2 to M -2
ZMAP 54
Parcels: 46, 47 Webber's Nursery Stonewall District
A -2 to B -2
ZMAP 55
Parcel: 103 Blue Ridge Mobile Shawnee District
A -2 to M -H Home Park
ZMAP 55
Parcel: 174 Blue Ridge Mobile Shawnee District
A -2 to M -H Home Park
ZMAP 55(B)
Parcel: 1 Mute 7 Shawnee District
A -2 to R -3
ZMAP 55(B)
Parcels: 7, 8, 9, 10, 11 Mute 7 Shawnee District
A -2 to R -3
ZMAP 55(B)
Parcels: 19, 20 Route 7 Shawnee District
A -2 to R -3
ZMAP 55(B)
Parcels: 22, 23, 24, 25, 26, Route 7 Shawnee District
27, 28, 29
A -2 to R -3
ZMAP 55(B) Circle: 1
A -2 to R -3 Route 7 Shawnee District
The above resolution was passed by the following recorded vote: Aye - S.
Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm, and Kenneth Y. Stiles.
Mr. Riley then presented Zoning Map Amendment Petition #011 -80 of the
Frederick County Planning Commission, Frederick County, Virginia recommending
that the property now zoned R -1 (Residential- Limited), 1-3 (Residential -
General), R -4 (Residential Planned Community), R -5 (Residential Recreational
Community), 1-6 (Multi - Family Residential), MH (Mobile Home Community), be
rezoned to the following categories as listed herein and identified by the
Frederick County Property Identification Map and Parcel Number as follows:
THEREFORE BE IT RESOLVED, That the Frederick County Planning
Commission unanimously reoommends approval to the Board of Super-
visors of Zoning Map Amendment Petition Number 011 -80 requesting
that the property now zoned R -1 (Residential- Limited), R-2 (Residential -
Limited), R -3 Residential-General), 1-4 (Residential Planned Community),
R -5 (Residential - Recreational Community), R -6 (Multi - Family Residential),
and MH (Mobile Home Community), be rezoned to the following categories as
listed herein and identified by the Frederick County Property Identification
Map and Parcel Number and as amended as follows:
DELETE -
ZMAP 23,
Parcels 44 through 57,
R -1 to A -2
DELETE -
ZMAP 42,
Circle 11, R-1 to A -2
DELETE -
ZMAP 43,
Circle 5, All Lots, R-3
to A -2
DELETE -
ZMAP 43(A) and 43(B), All Lots,
R-3 to A -2
DELETE -
ZMAP 45,
Circle 4 and 5, All Lots,
R -1 to A -2
DELETE -
ZMAP 51,
Circle 18, 20, 21, All
Lots, R-1 to A -2
DELETE -
ZMAP 51,
Circle 16, Parcels 16
through 16(F), R -1 to A -2
DELETE -
ZMAP 51,
Parcel 45, R-1 to A -2,
with the exception of
Circle 17, All Lots
DELETE - ZMAP 56, Circle 2, 3, 4, 1-1 to A -2
DELETE - ZMAP 63(A), Circle 1, All Lots, R -2 to A -2
DELETE - ZMAP 85, Parcels 17 through 28 and 30 through 42, R-2 to A -2
v�
DELETE - ZMAP 85, Parcels 49 through 56, R-2 to A -2
DELETE - ZMAP 85(A), Circle 1, Parcels 1 through 18, R -2 to A -2
DELETE - ZMAP85(A), Circle 2 Block A, Parcels 1 through 17,
R -2 to A -2
DELETE - ZMAP 86, Parcels 83 and 84, R-3 to A -2
DELETE - ZMAP 86, Parcels 85 and 85(B), R -3 to A -2
DELETE - ZMAP 86, Parcels 85(D) and 85(E), R-3 to A -2
DELETE - ZMAP 86, Parcels 86 through 101, R -1 to A -2
DELETE - ZMAP 86, Parcels 110 and 111, R-1 to A -2
DELETE - ZMAP 86, Parcels 123 through 134 and 136 through
139, R-1 to A -2
DELETE - ZMAP 86, Parcel 142, R -1 to A -2
Mr. Stiles advised that the Planning Commission did not delete ZMAP 43
Circles 3 and 9.
Mr. Stiles then moved to strike ZMAP 51, Parcel 45, 1-1 to A -2, with the
exception of Circle 17, all lots. This motion was seconded by William H. Baker
and passed unanimously.
Mr. Stiles then moved to add to the list of deletions ZMAP 54, Parcel 1,
R -6 to R -3 except 29+ which shall remain R -6. This motion was seconded by R.
Thomas Malcolm and passed unanimously.
Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
Virginia, does herein approve Zoning Map Amendment Petition Number 011 -80
requesting that the property now zoned R -1 (Residential- Limited), R -2
(Residential- Limited), R-3 (Residential General), I-4 (Residential Planned
Community), R -5 (Residential Recreational Community), R -6 (Multi - Family
Residential), and MH (Mobile Home Community), be rezoned to the following
categories as listed herein and identified by the Frederick County
Identification Map and Parcel Numbers as amended. This ordinance shall be in
full force and effect upon adoption by the Board of Supervisors of Frederick
County, Virginia, and it is declared to be the intention of the Board of
Supervisors that sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable and if they shall be declared unconstitutional or
otherwise invalid, such unconstitutionality or invalidity shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance.
ZMAP 22 Apple Pie Ridge Stonewall District
Parcel: 57 Apartments
R -6 to A -2
i
ZMAP 30 Hunting Ridge Gainesboro District
Parcels: 75 through 81(A) Lots
R -1 to A -2
ZMAP 37 Circle: 4 Finger Lake Back Creek District
Parcels: (A), (B), 4, 8, 9, 10 Estates
R -2 to A -1
ZMAP 37 Circle: 5 Finger Lake Back Creek District
Parcels: (A),(B),(C), 3, 8, 9, Estates
10, 11, 12, 13, 14, 15, 16
R -2 to A -1
ZMAP 37 Circle: 6
Finger Lake
Back Creek District
All Lots with the exception
of 3, 4
R -2 to A -1
ZMAP 41
Route
608
Gainesboro District
Parcel: 131
R -1 to A -1
ZMAP 42
Apple
Pie
Ridge
Stonewall / Gainesboro
Parcels: 198, 198(A), 199,
Area
Districts
200, 200(A), 200(B), 201,
202, 203 through 210(B)
R -3 to A -2
ZMAP 42
Apple
Pie
Ridge
Stonewall / Gainesboro
Parcels: 258 through 258(D)
Area
Districts
R -3 to A -2
ZMAP 42
Apple
Pie
Ridge
Stonewall / Gainesboro
Parcels: 261, 262
Area
Districts
R -3 to A -2
ZMAP 42
Apple
Pie
Ridge
Stonewall / Gainesboro
Parcels: 275, 276
Area
Districts
R -3 to A -2
ZMAP 42 Circles: 5, 6, 7
Apple
Pie
Ridge
Stonewall / Gainesboro
All Lots
Area
Districts
R -3 to A -2
ZMAP 42 Circle: 8
Apple
Pie
Ridge
Stonewall / Gainesboro
Parcel: (C)
Area
Districts
R -3 to A -2
ZMAP 42 Circle: 9, 12
Apple
Pie
Ridge
Stonewall / Gainesboro
R -3 to A -2
ZMAP 42
Apple
Pie
Ridge
Stonewall / Gainesboro
Parcel 180(A)
Area
District
R -1 to A -2
ZMAP 42 Circles: 13, 14, 15
Apple
Pie
Ridge
Stonewall / Gainesboro
R -3 to A -2
Area
Districts
ZMAP 43
Welltown Area
Stonewall District
Parcels: 3 through 15
R -3 to A -2
ZMAP 43 Welltown Area Stonewall District
Parcel: 19
R -3 to A -2
ZMAP 43 South End of Stonewall District
Parcel: 24 Lenoir Drive
R -3 to A -2
•
ZMAP 43
Welltown Acres
All Lots Except A2, A3 B
Welltown Area
Parcels: 56
through
62
Welltown Area
R -3 to A -2
R -3 to A -2
ZMAP 43
Cabiniss
Parcel: 45
Welltown Area
Parcels: 64
through
70
Zeiger Subdi-
R -3 to A -2
vision
R -1 to A -2
ZMAP 43
Zeiger Subdi-
Parcel: 152
Welltown Area
Parcels: 80,
81(A),
82
Merrimans Lane
R -3 to A -2
Area
R -2 to A -2
ZMAP 43
Merrimans Lane
Parcel: 88
Welltown Area
Parcels: 86
through
95
Merrimans Lane
R -3 to A -2
Area
R -2 to A -2
Stonewall District
Stonewall District
Stonewall District
Stonewall District
ZMAP 43 Rt. 11 North Stonewall District
Parcels: 96 through 99 South of Buckley
R -3 to A -2 Lages
ZMAP 43 Rt. 11 North Stonewall District
Parcels: 111, 112 South of Buckley
1-3 to A -2 Lages
ZMAP 43 Hackwood Property Stonewall District
Parcel: 157
R -4 to A -2
ZMAP 43 Circle: 1
Welltown Acres
All Lots Except A2, A3 B
R -3 to A -2
ZMAP 43 Circle: 8, 9
Welltown Area
All Lots
R -3 to A -2
ZMAP 51
Cabiniss
Parcel: 45
R -1 to A -2
ZMAP 51
Zeiger Subdi-
Parcels: 126, 125, 146
vision
R -1 to A -2
ZMAP 51
Zeiger Subdi-
Parcel: 152
vision
R -1 to A -2
ZMAP 52
Merrimans Lane
A portion of parcel 310
Area
R -2 to A -2
ZMAP 53
Merrimans Lane
Parcel: 88
Area
R -2 to A -2
ZMAP 53
Merrimans Lane
Parcels: 89 through 95
Area
R -2 to A -2
ZMAP 53 Circle: 3
Merrimans Lane
Parcels: (A), (A)1, B
Area
R -2 to A -2
ZMAP 54
Star Fort
Parcel: 1 (53 acres)
R -6 to R -3 (+ 29 acres to
remain R -6)
ZMAP 54
Lee St. Area
Parcel: 20
R -1 to R -3
Stonewall District
Stonewall District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Stonewall District
Stonewall Distrrict
M1
ZMAP 54
Parcels: 20(B), (0)
R -1 to R -3
ZMAP 54
Parcel: 22
R -1 to R -3
ZMAP 54
Parcels: 22(A) through 26
R -1 to R -3
ZMAP 54
Parcels: 29 through 41
R -1 to R -3
ZMAP 54
Parcels: 42 through 45
R -1 to B -2
ZMAP 54
Parcels: 49, 50
R -1 to R -3
ZMAP 54
Parcel: 195
R -2 to A -2
ZMAP 54
Parcel: 86
R -4 to A -2
ZMAP 54
Parcels: 87 through 88
R -4 to A -2
ZMAP 54
Parcel: 92
R -3 to M -1
ZMAP 54
Parcels: 127, 127(A)
R -3 to R -6
ZMAP 54
Parcels: 139 through 141
R -2 to A -2
ZMAP 54(A) Circle: 1
Parcel: 15(B)
R -1 to B -2
ZMAP 54(A) Circle: 1
Parcel: 15(C)(D)
R -1 to M -1
ZMAP 54(F) Circle: 2
Parcels: 28, 29
R -3 to R -6
ZMAP 54(G) Circle: 1
All Lots
R -2 and B -2 to R -3
ZMAP 55
Parcels: 38, 39
R -3 to M -H
ZMAP 62 Circle: 1 All Lots and
Parcels: 72 through 77
R -2 to A -2
Lee St. Area Stonewall District
Lee St. Area Stonewall District
Lee St. Area Stonewall District
Lee St. Area Stonewall District
Lee St. Area Stonewall District
Lee St. Area Stonewall District
Greenwood Road- Shawnee District
Senseny Road
Hackwood Property Stonewall District
Hackwood Property Stonewall District
Stine Industrial
Park
Stonewall District
Senseny Road
Apartments
Winchester Coun-
try Club
Rt. 11 North
Rt. 11 North
Valley Mill Road
(Apartments)
West Virginia
Avenue
Eckard's Mobile
Home Park
Shawnee District
Shawnee District
Stonewall District
Stonewall District
Shawnee District
Stonewall District
Stonewall District
Stonewall District
88
ZMAP 63
Parcels: 1 through 18
R -2 to A -2
ZMAP 63
Parcels: 19 through 21
R -2 to R -3
ZMAP 63
Parcel: 38
R -2 to R -3
ZMAP 63
Parcels: 85, 90, 91, 92, 93
M -H to B -3
ZMAP 63
Parcels: 41 through 53
R -2 to R -3
ZMAP 63
Parcels: 116 through 122(A)
R -2 to A -2
ZMAP 63
Parcels: 123 through 124(A)
R -1 to A -2
ZMAP 63
Parcels: 144 through 146(A)
R -1 to A -2
ZMAP 63 Circle: 3
Parcels: (A), (B)
R -1 to A -2
ZMAP 63 Circle: 4
Parcels: 1 through 4(A)
R -2 to A -2
ZMAP 63 Circle: 4
Parcels: 4(D), 5
R -2 to A -2
Between Winchester Back Creek District
City Limits and
Route 37
Kernstown Area
Kernstown Area
Carl Frye's
Rt. 11 South
Back Creek District
Back Creek District
Back Creek District
Carl Frye's
Rt. 11 South
Paper Mill Road
East of Rt. 81
Paper Mill Road
East of Rt. 81
Paper Mill Road
East of Rt. 81
Paper Mill Road
East of Rt. 81
Paper Mill Road
Paper Mill Road
ZMAP 63(B) Circle: 1 Plainfield
All Parcels except D through Heights
4, 17, 18, 24
R -2 to R -3
ZMAP 63(D) Circles: 1, 2
R -2 to R -3
ZMAP 64
Parcels: 9(A) through 21
R -1 to A -2
ZMAP 64
Parcel: 23
R -1 to A -2
ZMAP 64
Parcels: 24, 25
R -2 to A -2
ZMAP 64
Parcels: 33, 34, 35
R -1 to A -2
Paper Mill Road
East of Rt. 81
Paper Mill Road
East of Rt. 81
Paper Mill Road
East of Rt. 81
Paper Mill Road
East of Rt. 81
Paper Mill Road
Route 522 South
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Shawnee District
ZMAP 64 Airport Road Area Shawnee District
Parcels: 38 through 40(A)
R -1 to A -2
:•I
ZMAP 64
Parcels: 41
through 44
R -1 to R -2
ZMAP 64
Parcels: 46
through 58
R -1 to A -2
ZMAP 64
Parcels: 82
through 88
R -1 to A -2
ZMAP 64
Parcel: 116
(D)1
R -2 to A -2
ZMAP 64
Parcels: 120 through 133
R -2 to A -2
R -1 to B -1
ZMAP 64
ZMAP 64 Circle: 3
Parcels: 135 through 139
R -2 to A -2
ZMAP 64
Parcels: 140 through
152
R -2 and M -H to A -2
ZMAP 64
Parcel: 154
R -2 to A -2
ZMAP 64
Parcels: 156 through
157(A)
R -2 to A -2
ZMAP 64 Circle: 2
Parcels: (A) through
(D)1
R -1 to R -2
ZMAP 64 Circle: 2
Parcel: (D)2
R -1 to B -1
ZMAP 64 Circle: 3
All Lots
R -1 to A -2
ZMAP 64 Circle: 5
Parcels: 1 through 4(A)
R -1 to A -2
ZMAP 64 Circle: 7
All Lots
R -2 to A -2
ZMAP 64(B)
Parcels: 53, 54
R -1 to A -2
ZMAP 64(B)
Parcels: 78, 79
R -1 to R -3
ZMAP 64(B)
Parcels: 80 through
92
R -1 to R -3
ZMAP 64(B) Circle: 4
Parcels: (A) through
39
R -1 to R -3
Route 522 South Shawnee District
Airport Road Area Shawnee District
Route 50 West Shawnee District
Route 50 West Shawnee District
Route 50 West
Route 50 West
Shanee District
Shawnee District
Route 50 West Shawnee District
Route 50 West
Route 50 West
Shawnee District
Shawnee District
Route 522 South Shawnee District
Joe's Ocean Cove Shawnee District
Route 522 South Shawnee District
Airport Road
Route 50 West
Airport Road
Shawnee District
Shawnee District
Shawnee District
Route 522 South Shawnee District
Route 522 South Shawnee District
Funkhouser Shawnee District
Addition
ON
ZMAP 64(C)
Route 522 South
Shawnee District
All Parcels
R -1 to R -2
ZMAP 64(C) Circle:
1, 2
Bufflick Heights
Shawnee District
All Parcels
R -1 to R -2
ZMAP 64(D)
Route 522 South
Shawnee District
All Lots
R -1 to R -3
ZMAP 64(D) Circle:
1, 2, 3
Westwood Area
Shawnee District
All Lots
R -1 to R -3
ZMAP 64(D) Circle 5
Southview Sub-
Shawnee District
All Lots
division
R -1 to R -2
ZMAP 65
Greenwood Road
Shawnee District
Parcels: 1 through
13
R -2 to A -2
ZMAP 65
Greenwood Road
Shawnee District
Parcel: 86
R -2 to A -2
ZMAP 73
Oak Hill
Back Creek District
Parcel: 30
Section 2
R -1 to A -2
ZMAP 74
Route 631 at
Opequon District
Parcel: 23
Stephens City
R -2 to A -2
ZMAP 74
Route 11 South
Back Creek District
Parcels: 76, 76(A)
R -1 to A -2
ZMAP 74
Route 11 South
Back Creek District
Parcel: 77
R -1 and M -1 to A -2
ZMAP 74
Route 11 South
Back Creek District
Parcels: 78 through
79(A)
R -1 to A -2
ZMAP 74
Route 11 South
Back Creek District
Parcel: 83
R -1 to A -2
ZMAP 74
Route 11 South
Back Creek District
Parcels: 99 through
102
R -1 to A -2
ZMAP 74 Circle: 2
Route 11 South
Back Creek District
All Lots
R -1 and M -1 to A -2
ZMAP 74(B) Circle: 6
The Pines
Opequon District
Parcels: 33 through
53
R -3 to R -6
ZMAP 74(B) Circle: 6
The Pines
Opequon District
Parcels: 74 through
86
R -3 to R -6
ZMAP 74(B)
Nottoway
Opequon District
Blocks: 9, 10
R -3 to R -6
Nottoway
MI
ZMAP 75
Parcels: 27 through 30
R -1 to A -2
ZMAP 75
Parcel: 61(A)
R -3 to R -6
ZMAP 75
Parcels: 84 through 91(A)
R -2 to A -2
ZMAP 75
Parcel: 92
R -3 to A -2
ZMAP 75
Parcel: 93
R -2 to A -2
ZMAP 75
Parcel: 94
R -3 to A -2
ZMAP 75
Parcels: 95 through 97
R -2 to A -2
ZMAP 75
Parcels: 105 through 118
R -1 to A -2
ZMAP 75(A) Circle: 4
All Parcels
R -3 to R -6
ZMAP 75B Circle: 1, 2, 3
Parcel: 1
R -3 to R -6
ZMAP 76
Parcel: 8
R -2 to A -2
ZMAP 76
Parcel: 12
R -2 to A -2
ZMAP 76
Parcels: 19 through 26
R- 2 to A -2
ZMAP 76
Parcels: 27 through 38
R -2 to A -2
ZMAP 84
Parcel: 78
B -1, R-2 and R -3 to A -2
ZMAP 85
Parcel: 29
R -2 to A -2
ZMAP 85
Parcel: 48
R -2 to A -2
ZMAP 85
Parcel: 59
R -2 to A -2
Route 11 South Opequon District
Nottoway Opequon District
Route 642 at Back Creek District
Route 81
Nest to Potomac Back Creek District
Edison - Rt. 847
East of Potomac Back Creek District
Edison
East of Potomac Back Creek District
Edison
North of Lake - Opequon District
side Estates
Route 636 Opequon District
Echo Village Back Creek District
Lakeview Opequon District
Townhouses
West of Route Opequon District
522 South
West of Route Opequon District
522 South
West of Rt.522 Opequon District
South
West of Rt. 522 Opequon District
South
Echols Property Opequon District
Rt. 11 South Near Opequon District
Route 834
Rt. 11 South Opequon District
Rt. 11 South Opequon District
South of Stephens
City
92
ZMAP 85
Parcels: 62 through 69
R -2 to A -2
Rt. 11 South
South of Stephens
City
Opequon District
ZMAP 85 Circle: 2
Parcels: (A) and (B)
R -2 to A -2
ZMAP 86
Parcels: 72, 72(A)
R -3 to A -2
ZMAP 86
Parcels: 85, 85(C)
R -3 to R -6
ZMAP 86
Parcel 135
R -1 to A -2
ZMAP 86
Parcels: 144, 145
R -1 to A -2
ZMAP 86
Parcels: 150 through 153
R -1 to A -2
Costello Property Opequon District
Rt. 641 Opequon District
Nottoway Opequon District
Lute 277 Opequon District
Route 636 Opequon District
Route 636 Opequon District
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm, and Kenneth Y. Stiles.
Mr. Riley then presented Zoning Map Amendment Petition Number 012 -80 of
the Frederick County Planning Commission, Frederick County, Virginia,
recommending that the property now zoned B -1 (Business- Limited) and B -2
(Business - General)
be rezoned to the following categories as listed herein and identified by the
Frederick County Property Identification Map and Parcel Number and as amended
follows:
THEREFORE, BE IT RESOLVED, That the Frederick County
Planning Commission unanimously recommends approval to
the Board of Supervisors of Zoning Map Amendment Petition
Number 012 -80 requesting that the property now zoned B-1
(Business - Limted) and B -2 (Business - General),
be rezoned to the following categories as listed
herein and identified by the Frederick County Property
Identification Map and Parcel Number and as amended as
follows:
TO CHANGE the original proposal of ZMAP 55,
Parcel 194 from "B -2 to R -3" to "B -2 to B -1"
There was no discussion.
Upon ration made by R. Thomas Malcolm and seconded by Will L. Owings,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve Zoning Map Amendment Petition Number 012 -80
requesting that the property now zoned B -1 (Business - Limited) and B -2 (Business
General) be rezoned to the following categories as listed herein and identified
the Frederick County Property Identification Map and Parcel Number as amended.
93
This ordinance shall be in full force and effect upon adoption by the Board of
Supervisors of Frederick County, Virginia and it is declared to be the intenti
of the Board of Supervisors that sections, paragraphs, sentences, clauses, and
phrases of this ordinance are severable and if they shall be declared
unconstitutional or otherwise invalid, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, calauses, sentence, paragraphs,
and sections of this ordinance.
ZMAP 42 Route 522 North Gainesboro District
Parcels: 191, 192, 193, 194
B -2 to A -2
ZMAP 42 Route 522 North Gainesboro District
Parcel: 213
B -2 to A -2
ZMAP 42 Route 522 North Gainesboro District
Parcel: 253
B -1 to A -2
ZMAP 51 Route 50 West Gainesboro District
Parcel: 138
B -2 to A -2
ZMAP 53(A) Sunnyside Gainesboro District
Parcels: 6 through 15
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro District
Parcels: 17,
18
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro District
Parcels: 59
through
61
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro District
Parcels: 63,
64
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro District
Parcels: 66
through
69
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro District
Parcels: 84
through
86
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro District
Parcels: 88
through
93
B -2 to R -3
ZMAP 53(a)
Sunnyside
Gainesboro District
Parcels: 95
through
100
B -2 to R -3
ZMAP 53(A) Sunnyside Gainesboro District
Parcels: 123, 124
B -2 to R -3
ZMAP 53(A) Circle: 2 Block: A Sunnyside Gainesboro District
Parcels: (A) through 4
B -2 to R -3
in
ZMAP 53(A) Circle:
2 Block: B
Sunnyside
Gainesboro District
Parcels: 1 through
2(A)
B -2 to R -3
ZMAP 53(A) Circle:
2 Block: B
Sunnyside
Gainesboro District
Parcels: 6(A), 7
B -2 to R -3
ZMAP 53(A) Circle:
2 Block: c
Sunnyside
Gainesboro District
Parcels: (C), (D)
B -2 to R -3
ZMAP 53(A) Circle:
2 Block: C
Sunnyside
Gainesboro District
Parcels: 3, 4
B -2 to R -3
ZMAP 53(A) Circle:
2 Block: C
Sunnyside
Gainesboro District
Parcels: 9 through
12
B -2 to R -3
ZMAP 53(A) Circle:
2 Block: D
Sunnyside
Gainesboro District
Parcels: 1 through
4
B -2 to R -3
ZMAP 54
Route 7
Stonewall District
Parcels: 112, 112(A), 113
B -2 to R -3
ZMAP 54
Senseny Road
Shawnee District
Parcels: 128, 129
(Church)
B -1 to R -3
ZMAP 54
Senseny Road
Shawnee District
Parcel: 131
B -2 to R -2
ZMAP 54(F) Circle:
1, 3
Route 7
Stonewall District
B -2 to R -3
ZMAP 54(G) Circle:
1
West Virginia
Stonewall District
All Lots
Avenue area
B -2 and R -2 to R -3
ZMAP 55
Mute 7
Stonewall District
Parcels: 22, 22(A)
B -2 to A -2
ZMAP 55
Route 7
Stonewall District
Parcels: 77, 78
B -2 to R -3
ZMAP 55
Ben Crim
Shawnee District
Parcel: 194
Senseny Road
B -2 to B -1
ZMAP 55(B)
Route 7
Stonewall District
Parcels: 2, 3
B -2 to R -3
ZMAP 55(B)
Route 7
Stonewall District
Parcels: 5, 6
B -2 to R -3
ZMAP 55(B)
Route 7
Stonewall District
Parcel: 12
B -2 to R -3
ZMAP 55(B)
Route 7
Stonewall District
Parcel: 13
B -2 to R -3
IN
ZMAP 55 (B)
Route
7
Stonewall
District
Parcel: 15, 16, 17
B -2 to R -3
ZMAP 55 (B)
Route
7
Stonewall
District
Parcel: 21
B -2 to R -3
ZMAP 55(B) Circle:
2
Route
7
Stonewall
District
Parcels: 1, 2, 3
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcel: (C)
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcels: 32, 32(A)
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcel: 34
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcel: 36
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcel: 38
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcels: 40, 40(A)
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcel: 42
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcels: 44, 44(A)
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcels: 46, 46(A)
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcels: 48, 48(A)
B -2 to R -3
ZMAP 55(B) Circle:
3
Route
7
Stonewall
District
Parcels: 50, 50(A)
B -2 to R -3
ZMAP 63
Kernstown
Back Creek District
Parcels: 31 through 37
B -2 to R -3
ZMAP 63
Kernstown
Back Creek District
Parcels: 54, 55
B -2 to R -3
ZMAP 63
Kernstown
Back Creek District
Parcel: 82
! B -2 to B -3
b
ZMAP 63
Kernstown
Parcel: 96
B -2 to R -3
ZMAP 63
Kernstown
Parcels: 104, 104(A), 105, 106
B -2 to R -3
ZMAP 63 Circle: 2
Kernstown
Parcels: (A), (B)
B -1 to M -1
ZMAP 63(B) Circle: 1
Kernstown
Parcels: (D) through 4
B -2 to R -3
ZMAP 63(B) Circle: 1
Kernstown
Parcels: 17, 18
B -2 to R -3
ZMAP 63(B) Circle: 1
Kernstown
Parcel: 24
B -2 to R -3
ZMAP 64
Rt. 50 East
Parcel: 4(A)
Rt. 522 South
B -1 to B -2
ZMAP 64
Rt. 50 East -
Parcels: 4(D), 4(E)
Rt. 522 South
B -1 to B -2
ZMAP 64
Route 50 East
Parcel: 89
B -1 to B -2
ZMAP 64
imute 50 East
Parcels: 90 through 91(A)
B -1 to A -2
ZMAP 64
Pbute 50 East
Parcels: 93 through 96
B -1 to B -2
ZMAP 64
Route 50 East
Parcels: 100 through 100(B)
B -1 to B -2
ZMAP 64
Route 50 East
Parcels: 101 through 107
B -1 to B -2
ZMAP 64
Mute 50 East
Parcel: 153
B -2 to A -2
ZMAP 64
Route 50 East
Parcel: 155
B -2 to A -2
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Back Creek District
Shawnee District
Shawnee District
Shawnee District
Shawnee District
Shawnee District
Shawnee District
Shawnee District
Shawnee District
Shawnee District
ZMAP 64(B) Route 522 South Shawnee District
Parcels: 16 through 19
B -1 to B -2
ZMAP 64(B) Route 522 South Shawnee District
Parcels: 21, 22
B -1 to A -2
ZMAP 6 Route 522 South Shawnee District
Parcels: 26, 27
B -1 to A -2
97
ZMAP 64(B)
Route 522 South
Shawnee District
Parcel: 30
B -1 to A -2
ZMAP 64(B)
Airport Road
Shawnee District
Parcels: 32
through
50
B -1 to A -2
ZMAP 64(B)
Airport Road
Shawnee District
Parcels: 53
through
70
B -1 to A -2
ZMAP 64(B)
Airport Road
Shawnee District
Parcels: 72
through
77
B -1 to R -3
ZMAP 74
Brimm Property
Back Creek District
Parcels: 70
through
73
B -2 to A -2
ZMAP 75
Bartonsville
Back Creek District
Parcels: 11,
12
B -2 to A -2
ZMAP 84
Echols Property
Opequon District
Parcel: 78
B -1, R-2 and R -3 to
A -2
ZMAP 85
School Board
Opequon District
Parcel: 58
Property
B -1 to A -2
ZMAP 85
Route 11 South
Opequon District
Parcel: 59
B -1 to A -2
The above resolution was passed by the following recorded vote: Aye-
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R.
Thomas Malcolm and Kenneth Y. Stiles.
Mr. Riley then presented Zoning Map Amendment Petition Number 014 -80 of the
Frederick County Planning Commission, Frederick County, Virginia, recommending
that the property now zoned M -1 (Industrial - Limited) and M -2 (Industrial -
General) be rezoned to the following categories as listed herein and identi-
fied by the Frederick County Property Identification Map and Parcel Number as
follows:
TO CHANGE the original proposal of ZMAP 54, Parcels 96
through 99(A) from "M -2 to R -3" to "M -2 to M -1"
To CHANGE the original proposal of ZMAP 55, parcel 27, M-2
to EM to include the statement " + 5 acres which is currently
being mined"
TO CHANGE the original proposal of ZMAP 55, Parcel 27, M-2
to R -2 to include the statement "except that +5 acre portion
currently being mined
DELETE - ZMAP 63, Parcels 80 and 81, M-2 to M -1
DELETE - ZMAP 63, Parcels 86 through 87(A), M -2 to M -1
DELETE - ZMAP 63, Parcel 10, M-2 to M -1
98
DELETE - ZMAP 63, Parcel 115, M -2 to M -1
There was no discussion.
Upon motion made by R. Thomas Malcolm and seconded by Kenneth Y. Stiles,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick,
Virginia, does herein approve Zoning Map Petition Number 014 -80 requesting that
the property now zoned M -1 (Industrial- Limited) and M -2 (Industrial-General),
be rezoned to the following categories as listed herein and identified by the
Frederick County Property Identification Map and Parcel Number as amended. This
ordinance shall be in full force and effect upon adoption by the Board of
Supervisors of Frederick County, Virginia, and it is declared to be the
intention of the Board of Supervisors that sections, paragraphs, sentences,
clauses, and phrases of this ordinance are severable and if they shall be
declared unconstitutional or otherwise invalid, such unconstitutionality or
invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this ordinance.
ZMAP 27 Unimin Back Creek District
Parcels: 107 through 112
M -2 to E -M
ZMAP 33 Frey Co. Stonewall District
Parcels: 132 through 143
M -2 to E -M
ZMAP 33 Frey Co. Stonewall District
Parcels: 144 through 146
M -2 to E -M
ZMAP 34 Frey Co. Stonewall District
Parcel: 11
M -2 to E -M
ZMAP 34 Frey Co. Stonewall District
Parcel: 20
M -2 to E -M
ZMAP 38 Unimin Back Creek District
Parcel: 35
M -2 to E -M
ZMAP 38 Unimin Back Creek District
Parcels: 37, 37(A)
M -2 to E -M
ZMAP 43 South of Gilpin Stonewall District
Parcel: 21(A) Industrial Park
M -1 to A -2
ZMAP 43 South Side of Stonewall District
Parcel: 22 Route 37
M -2 to A -2
ZMAP 43 North Side of Stonewall District
Parcel: 23 Route 37
M -1 to A -2
ZMAP 43 South Side of Stonewall District
Parcel: 27 Route 37
M -2 to M -1
ZMAP 43 West of Rt. 11 Stonewall District
Parcels: 31, 32 North at Rt. 37
M -2 to M -1
El
ZMAP 43
Red Bud Road Area
Stonewall District
Parcels: 45, 46, 47
M -1 to B -2
ZMAP 43
Cives Steel Co.
Stonewall District
Parcel: 55(A)
M -2 to M -1
ZMAP 43(C) Circle: 4
Red Bud Road Area
Stonewall District
All Lots
M -1 to B -2
ZMAP 44
Frey Co.
Stonewall District
Parcels: 97, 98, 99
M -2 to E -M
ZMAP 45
Frey Co.
Stonewall District
Parcel: 1
M -2 to E -M
ZMAP 52
Perry
Back Creek District
Parcels: 256 through 258
M -2 to E -M
ZMAP 54
North of Lee St.
Stonewall District
Parcel: 21
M -2 to R -3
ZMAP 54
J. P. Darlington
Stonewall District
Parcel: 95
(Baker Lane)
M -2 to R -3
ZMAP 54
J. P. Darlington
Stonewall District
Parcels: 96 through 99(A)
(Baker Lane)
M -2 to M -1
ZMAP 54
North of Winches-
Stonewall District
Parcels: 100, 101, 102
ter Mall
M -2 to A -2
ZMAP 55
North of Winches-
Stonewall District
Parcel: 27
ter Mall
M -2 to E -M +5 acres which
is currently being mined
ZMAP 55
North of Winches-
Stonewall District
Parcel: 27
ter Mall
M -2 to A -2 except that +5
acre portion currently
being mined
ZMAP 55
Mute 7
Stonewall District
Parcel: 32
M -1 to B -2
ZMAP 63 Circle: 4
Paper Mill Road
Back Creek District
Parcel: 4(B)
M -2 to M -1
ZMAP 63 Circle: 4
Paper Mill Road
Back Creek District
Parcel: 4(C)
M -2 to A -2
ZMAP 63 Circle:4
Paper Mill Road
Back Creek District
Parcel: 4(C)
M -2 to A -2
ZMAP 63
Rt. 11 South
Back Creek District
Parcels: 69 through 79
Kernstown
M -1 to R -3
i"I
ZMAP 63
Parcels: 83, 84
M -2 to B -3
ZMAP 63
Parcels: 111, 112, 113, 114
M -2 to R -3
ZMAP 74
Parcel: 21
M -2 to A -2
ZMAP 74
Parcel: 22
M -2 to E -M
ZMAP 74
Parcel: 24
M -2 to E -M
ZMAP 74
Parcels: 25, 26
M -2 to A -2
ZMAP 74
Parcel: 27
M -2 to B -3
ZMAP 74
Parcels: 28 through 35
M -2 to A -2
ZMAP 74
Parcels: 48, 49
M -1 to A -2
ZMAP 74
Parcels: 50,
50(A)
M -1 to E -M
ZMAP 74
Parcels: 51
through 57
M -1 to A -2
ZMAP 74
Parcels: 74,
75
M -1 to A -2
ZMAP 74
Parcel: 77
M -1 and R -1
to A -2
ZMAP 74 Circle:
2
All Lots
M -1 and R -1
to A -2
ZMAP 75
Parcels: 25,
25(A)
M -1 to A -2
ZMAP 75
Parcels: 10
and 91
M -2 to B -3
ZMAP 85
Parcel: 43
M -2 to E -M
ZMAP 85
Parcel: 46
M -2 to E -M
Rt. 11 South Back Creek District
Kernstown
Shawnee Drive Back Creek District
Route 631 Opequon District
Flintkote Opequon District
Flintkote Opequon District
CBS Packing Opequon District
Golladay Supply Opequon District
Route 631 Opequon District
Route 649 Opequon District
Flintkote Opequon District
North of Back Creek District
Stephens City
North of Back Creek District
Stephens City
Rt. 11 North of Back Creek District
Stephens City
Rt. 11 North of Back Creek District
Stephens City
Rt. 11 North of Back Creek District
Stephens City
Rt. 11 North of Back Creek District
Stephens City
Flintkote Back Creek District
Flintkote Back Creek District
10
ZMAP 85 Rt. 11 South of
Parcels: 46(A), 46(C) Stephens City
M -2 to A -2
ZMAP 85 Flintkote
Parcel: 47
M -2 to E -M
ZMAP 90 Flintkote
Parcels: 1 through 9
M -2 to E -M
ZMAP 90 Flintkote
Parcel: 22
M -2 to E -M
Opequon District
Opequon District
Opequon District
Opequon District
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R. Thomas
Malcolm and Kenneth Y. Stiles.
ADOPTION OF FREDERICK COUNTY TAX MAPS AS OFFICIAL ZONING MAPS
APPROVED
Mr. Stiles stated that the Planning Commission unanimously recommended
that the Tax Maps of Frederick County be officially adopted as the zoning
maps of the County.
Upon motion made by Kenneth Y. Stiles and seconded by R. Thomas Malcolm,
BE IT RESOLVED, That the Board of Supervisors of the County of Frederick
County, Virginia, does herein adopt the Tax Maps of Frederick County as the
official Zoning Maps of the County.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, R. Thomas Malcolm, William H. Baker,
Rhoda W. Maddox and Kenneth Y. Stiles.
Mr. Stiles stated that he felt it would be appropriate to thank the
members of the Planning Commission and the Planning Staff for their time and
effort spent on this project. He further thanked Mr. Roy Jennings and Mr.
Sam Lehman for the many hours they spent on the project stating that without
their help, another year's work would be necessary to complete the project.
Mr. Stiles stated that he felt the overall effect of the comprehensive
rezoning would be beneficial to the County. He noted that when a project of
this scope is undertaken there are certain to be some mistakes made and he
felt the Board should recognize this fact and if a situation does arise where
a mistake is discovered, he felt the Board, in cooperation with the Planning
Commission, should endeavor to correct it without cost to the property
owner.
102
Mr. Langdon Gordon, Chairman of the Planning Commission, thanker] the
Board and the citizens of the County for their cooperation in the project and
stated that the Commission felt it would be beneficial for the future of the
County.
Mr. Baker moved that a resolution of appreciation be adopted and
forwarded to the Planning Commission, the Planning Staff and Mr. Roy Jennings
and Mr. Sam Lehman for their work on the Comprehensive Rezoning Plan. This
motion was seconded by R. Thomas Malcolm and passed unanimously. The
Chairman requested the County Administrator to draft the resolution and
forward it to the appropriate persons.
REQUEST FOR ACCEPTANCE OF A SECTION OF A PORTION OF STONE
RIDGE ROAD IN STONEBROOK SUBDIVISION - BACK CREEK DISTRICT
APPROVED
Upon motion made by William H. Baker and seconded by Will L. Owings,
WHEREAS, The Virginia Department of Highways and Transportation and the
Department of Public Works have reviewed the request of Stonebrook Farms and
recommend inclusion of that portion of Stone Ridge Road from the
intersection with Old Forest Circle to end of cul-de -sac containing 0.096
miles in Stonebrook Farms, Section VIII, in the Back Creek Magisterial
District, into the secondary road system, pursuant to the provisions of the
Code of Virginia, 1950, as amended; and,
WHEREAS, This Board does guarantee the Commonwealth of Virginia an
unrestricted right -of -way of sixty (60) feet with necessary easements for
cuts, fills and drainage recorded in Deed Book 476, Page 685, dated July 18,
1977;
BE IT RESOLVED, That this Board does approve the request for inclusion
into the secondary road system contingent upon the posting of a proper and
acceptable bond with the Virginia Department of Highways and Transportation.
The above resolution was passed by the following recorded vote: Aye -
S. Roger Koontz, Will L. Owings, William H. Baker, Rhoda W. Maddox, R.
Thomas Malcolm and Kenneth Y. Stiles.
SCHOOL BOARD CONSTRUCTION CONTRACT - DISCUSSED
Mr. Stiles requested that the Board schedule a meeting with the School
Board to discuss various areas of the construction contract on the new high
school inasmuch as he felt there were several items in the contract the Board
was entitled to more information co. He stated that he felt the people, as
well as the Board, were entitled to more information regarding time frame,
completing the project within the budget, etc. He added that somewhere in
the contract there is a statement that the guaranteed maximum price should be
established within the budget constraints which was never cone.
103
Mr. Koontz requested Mr. Stiles and any other board member who so
desired to give a list of their questions to Mr. Owings, the School Board
Liaison, for presentation to the School Board to obtain the answers to the
questions.
The Board concurred and Mr. Owings stated that he would present them at
the next meeting of the School Board.
UPON MDTION DULY MADE, SECONDED, AND PASSED UNANIMOUSLY, IT IS ORDERED THAT
THE BOARD OF SUPERVISORS DO NOW ADJOURN.
ha' man, B
'In rf (�J
of Su vis s C�pek, Board of Supervisors
A Regular Meeting of the Frederick County Board of Supervisors
was held on October 22, 1980, at 7:00 P.M. in the Board of Super-
visors' 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; and
Kenneth Y. Stiles.
CALL TO ORDER
The Chairman called the meeting to order.
INVOCATION
The Reverend William Hough of the Braddock Street United
Methodist Church delivered the invocation.
ADOPTION OF AGENDA
Mr. Owings requested that the agenda be amended to include an
i
,additional item for discussion at the end of the regular meeting.
The Board concurred.
Upon motion made by William H. Baker, seconded by Will L. Owings
and passed unanimously, the Agenda was adopted as amended.
AP PROVAL OF MINUTES
Upon motion made by R. Thomas Malcolm and seconded by Kenneth
Y. Stiles and passed unanimously, the minutes of the following meet-
sings were approved as submitted: September 10, 1980, September 16,
=1980 and September 24, 1980.
REQUEST FOR SECONDARY ADDITION - BAKER LANE EXTENDED - STON
DISTRICT - APPROVED