HomeMy WebLinkAbout091-72 Jack K. & Polly J. Wampler - Backfile5. It is proposed that the property will be put to the following use:
Trailer Court and car wash
6. It is proposed that the following buildings will be constructed:
Car wash
7. It is proposed that the following setbacks and offstreet parking provisions will be made:
As required by the Frederick County Zoning Ordinance
8. Attached is a copy of a Vicinity Map.
Jack I{. ler & J. iqq his wi
B '
Signature of Apl0licant
Attorney for Applicant
�5 East Bosc�wen.Street
inc ester, irginia
Address of Applicant
TO THE BOARD OF SUPERVISORS
This petition for rezoning property within the jurisdiction of the
Of was received on public hearing
was held on Nzand the Planning Commission wishes to make the following
recommendations,t9 the Governing Body, / / A
6-� �s �:� A?
ACTION OF THE BOARD OF S \ E.RV ORS
On the Governing Body
on the attached petition for rezoning:
(�he
lit`'�0G` followi action`-
f NO.
DATE August 14 1972
Application for Rezoning...
FREDERICK COUNTY, VIRGINIA
l^'
TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS, FREDERICK COUNTY, VIRGINIA
I (we), the undersigned, do hereby respectfully make application and petition the Governing
Body to amend the Zoning Ordinance and to change the Zoning Map of Frederick
County as hereinafter requested, and
in support of this application, the following facts are shown:
1. The property sought to be rezoned is located nPar Stephenson
between Va. Highway #761 Rkeetand Va - Hi c;hway_16L4__:&X@Mon the
East side of the Al �X Ox�Nkaot "rtinsburg Pi_T f�as a
551.60 3"
frontage of feet and a depth of feet.
��'� his wif
2. The property sought to be rezoned is owned by: Jack K. Wwlgr & Polly J. Wampl
as evidenced by deed from Herman J. Dyke and Dorothy V. Dyke, his wife
recorded in Book 316 , Page 638 , Registry of County of Frederick
3. It is desired and requested that the foregoing property be rezoned
FROM
A-2
TO
B-2
4. The following are all of the individuals, firms, or corporations owning property adjacent
to both sides and rear, and the property in front of (across street from)the property sought to be
rezoned:
NAME STREET ADDRESS
(a) V. V. Cutshaw Rt. 1, Stephenson, Va.
(b) L. J. Wright ofif 11"
(c) Ted Dyke
(d) Stephenson Methodist Church "
(e)
Weldon Oates "
(f) 0. L. Payne
(g)
(h)
(i)
(Use reverse side if necessary and look up the names in the office of
in the Courthouse, if they are not known.)
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35 36t Also Shown on the
��t RO PO above Plat is a 10.11 Ft. R/W
= tD a / 0 R over the Southrsstsrn 10.0 Pie Portion
o of the Payne 1.205 Lore Tract.
�? The above Plat is a Survey of the 1lortieastern Portion of the Land
conveyed to He J. Dyke by Deed dated 30 Deconher 1958 in Deed Book 255
Page 560 and the Remaining Portion of the Land conveyed to He Je Dyke by
Deal dated 13 August 1963 in Deed Book 292 Fags 188 (the northeastern port-
ion - now a part of the Payne 1.205 Aert Tract was conveyed to Shenan-
doah Construction Company - 304 - 422). The said land fronts the South-
eastern Line of V. S. P.t- 11, at Stephenson, and lies in Stonewall Diet-
rict, Frederick County, Virginia;
Beginning at an iron pin in the Southeastern Line of Rt. 11, a corner
to the Payne Tract, the said pin being S 480 W - 226.30 ft. fror. a highway
monument, running with the said line S 480 W - 351-(' ft. to an iron pin
corner to the Darlingtot Tract; thence with the two following lines of the
3e1d Lard S 360 45' E - 300e'0 ft. to an Iron pin; tt.ence S 480 W - 200.)0
ft. to an iron pin 1n the northeastern line of the Dyke Tract; thence with
the said line S 360 h5' E - 67..E8 ft- to an iron pin in the northwestern
line of the B & 0 Peilrced R,/F!; thence with the said line U 33° 41' E -
1357.50 ft- to a po.-t corner to the Church Land; thence with the 0 south-
western line of the said Uutd N Ui 15' 15" W - 383.1� ft. to an Iron pin
corner to the Church Tract; thonce Witt. the southeastern line of the said
A° ,n.f l ft- to an iron pin corror-'10 the
Land and the Webber Tract S It w -.h
Payne Tractl theriee with' the three following lines of the said and 3 420
• 160.01 ff. to an 1^uq pin; thence S 00 W - 25n-'3 ft. to an iron pin;
tt.er.ce S 420 W - hl�.^0 ft. to the to tnnlnt-.
-- Cont ainint• - - 16.96 Acres.
Surveyed - - - June 16, 1965. LKE A. rBEhT,
C•rtilled lard Surveyor,
W �,. .�...: rk c• a : t ti _ Coran. cf irbinia 464.
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State Water Control Board
4010 WEST BROAD STREET P. 0. Box 11143 RICHMOND, VA. 23230
SUBJECT: Stephenson's Car Wash; J. K. Wampler - Frederick County
TO: A. H. Puesaler
ORIGINAL SIGNED BY A. H. PAESSLER
FROM: R. F• Tesh
DATE: 25 April 1972
COPIES:
By letter dated 16 March 1972 Mr. J. K. Wampler, owner,
submitted an application for certification of Stephenson's
Car Wash in Frederick Cou•:ty--there will be no discharge
from the proposed car wash.
The application outlines the use of grease and grit removal
tanks for each of the four self-service bays, with the total
effluent being treated by a 14' wide x 30' long x 6'deop pit
filled with 3" stone. Due to the high rate of percolation
`~ in this area, it is believed that no discharge will result
from the pit. To insure that there will be no discharge from
the total system, adequat.. area for installation of a drain -
field is being included a -.,I the drainfield will be installed
if a threat of a dischargA becomes apparent. No discharge
or seepage will occur to Otate waters.
Advertisement has been successfully completed in accordance
with State Water Control Lea, Chapter 62.1-44.16 (1)(a) and
no inquiries have been recaived that couldn't be satisfactorily
answered by the staff.
STAFF 11yC0 21E1, RATIONS
The staff recommends that this application be approved, and
that the staff ba directed to prepare a certificate for the
Executive Secretary's signature.
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STATE WATER CONTROL BOARD
P. O. Box 1 1 143, 4010 W. Broad St., R n-limnnd, Virginia 23230 - (703) 770 2241
A. H. Paessler, Executive Secretary
CERTIFICATE h0. IW-NO-93 nab
BOARD MEMBERS
Issued on May 3, 1972 Noman M. Cole, Jr.
Chairman
by the State Water Control Board Pursuant to Chapter 3.1 Ray W.Edwards
Henry S. Holland II I
Title 62.1 , Code of Virginia, of 1950 , as amended Mrs. Wayne Jackson
Andrew W. McThenia, Jr.
W. H. Singleton
To: Stephenson's Car 'dash Robert W. Spessard
Stephenson, Virginia 1
An ''owner as defined in the Law, to operate waste facilities upon the
following terns and conditions:
1. Manufacturing operations and treatment and disposal of all wastes
resulting therefrom shall be in accordance with the application
dared Plareh 16, 1972, from Mr. J. K. Wampler, filed with the Board
or April 25, 1972, and in conformity with the plans, specifications,
and other supporting data subnitted to the Board and approved by
letter dated May 3, 1972, in accordance with Minute 86 from the pro-
ceedings of the September 29-30, 1970, Board meeting. The approval of
plans, specifications and other supporting data does not relieve the
owner of the responsibility of operating the facilities in a reliable
and consistent manner to mcet the 1perfornanee requirements in the
certificate. If design deficiencies of the facilities are identified
In the future which could affect their performance or reliability,
it shall be the responsibility of the owner to correct such deficiencies
forthwith as may be directed by tho Board.
2. No discharge shall be made to State waters from the facilities herein
certificated.
3. Tho operation of the facilities of the owner herein certificated shall not
contravene The Water Quality Standards, as amended and adopted by the Board,
or any provision of the State Water Control Law.
4. Sufficient operation and maintenance small be practiced on the facilities
herein certificated and at all ti-:as to enable adequate inspection of the
facilities to be Blade by authoriz.d persons.
5. Should any unusual or extraordinary discharge of wastes to State waters
occur from the facilities herein certificated, the owner shall imv-.dlately
inforin tihe Co3rd and its staff by telephone or telegran, to be confirmed
by letter, giving all available details, including known adverse effect
on State waters, or uses thereof. Unusual or extraordinary discharges
Include, but are not limited to, .any discharges of waste resulting from
(a) unusual spillage of materials resulting directly or indirectly from
the owner's processing operations, (b) breakdown of processing or accessory
equipment, (c) failure of or taking out of service. sewage or industrial
waste treatment plant or auxiliary facilities (such as but not limited to,
sewer lines or sewage or Industrial waste pump stations), or (d) flooding
or other acts of nature.
CLEAW- ne Approval of the facilities herein certificated is based upon
STREAMS the information submitted by the owner.
PROVI
HEAIT . The structural stability of any of the units or parts of the facil-
WAL H sties heroin certificated is the sole responsibility of the owner.
RECREATION I
We, the undersigned citizens of Frederick County
residing in the area near the car wash proposed to be constructed
by Jack Wampler near Stephenson, Virginia, have no objections to
such construction and hereby petition the Board of Supervisors
asking that his building permit to erect such car wash be approved.
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AuFunt 31, 1972 -
hredericic Ccunt,y Planning; Commirsion
y Court (-,u-)re, Room 202
Winchester, Va. 2.2601
a
Gentlemen.
I are orpoced to the rezoning of the Jack K. and Polly J. Wa miller land
on the east sine of U. S. Route 11 north for the following reasons.
If this rezoning request is granted there will be a further deterioration
in the value of -,y property. When I built/bought here the land was zoned A-2,
residential. I understand that a car wash will be built here which may be open
24 bourn a day, 7 days a week. This will create a disturbance which will inter-
fere with the peace and quiet of a residential area.
The other reason I am opposed is the distance this land is located from
Hot l�un, into which the effuent will discharge. One route will take the water
in front of 8 or 9 properties. The only other route will take it across 3
properties. 1 do not believe a car wash should be located so the effluent
will interfere with residential property. There will evidently be a freezing
problem in winter and a mosquito problem in summer.
1 therefore request that the zoning of this land be left as ( A-2 )
NAME ADDRESS
ft. •.
�7
August 31, 1972
Mr. will tell you there will pe no water leaving his property.
Still, he has mentioned numerous ways to take care of it.
He told me that the original plan was to let effluent go down Route 11
past the United Methodist Church. He said that if water laid in front of
the church, he would punch holes in the asphalt to let it drain away. Then
William Morrison, a contractor, told him about the culvert going under Route 11.
That convinced him that water would i:ollow this culvert as it is located in the
lowest spot in the area.
If water is allowed to follow this course to Hot Run, it is very likely
that it will ruin the drain field of Mr. A. N. Hampton as his septic tank
and drain filed is located in the path the water will follow. It will also
ruin the only spot he has for a garden.
I think the State water Control Board was irresponsible to issue a permit
for this project since this land is so far away from Hot Run. A number of
people wrote the Board, yet a public hearing was not held.
A number of nice homes will be affected if this land is rezoned. There
are twenty (20) people represented here today in person and by letter that are
opposed to the rezoning of this land.
1. /. 7,9
AGENDA RESOLUTIONS
September 13, 1972
1. Kennelworth Property:
BE IT RESOLVED, That the Board of Supervisors of the
Cour.t:.y of Frederick does herein direct that legal steps be taken
to obtain an injunction against the Commercial and Savings Bank
to stop the sale by said institution, acting as executor, of the
Estate of Charles R. Anderson, and,
BE IT FURTHER RESOLVED, That this action is taken in
order to allow the County Board additional time to determine
whether said Board as representatives of the people, has legal
and proper responsibility to intervene in the interest of the public.
2. Secondary Road Budget:
BE IT RESOLVED, That the Board of Supervisors of the
County of Frederick does hereby accept and approve the 1972-
1973 Secondary Systems Maintenance, Maintenance Replacement,
and Construction Budget for t::e Highway Department for the County
of Frederick.
3. Pcters/Senseny Heights Subdivision:
BE IT RESOLVED, That the Board of Supervisors of the
County of Frederick does herein table the Senseny Heights
Subdivision Plat until such time that the requirements of the
County 1,4ater and Sewer Control Ordinance are met.
----4. State Administration of County Tags:
BE IT RESOLVED, That the Board of Supervisors of the
Coun,,_y of Frederick does herein refer for further study the
Commissioner of Revenue's reco4.mendation for State adminis-
tration of County Tags, and,
BE 11' FURTHER RESOLVED, That the following committee is
herein appointed to study the proposal and report back to the
Board at its October meeting:
Treasurer
Commissioner of Revenue
County Administrator
Director of Accounting
5. Tax Relief for the Aged:
BE IT RESOLVED, That the Board of Supervisors of the
Cou:ity of Frederick does herein refer for further study the
Commissioner of Revenue's recommendation of tax relief for
the aged, and,
BE IT FURTHER RESOLVED, That the fallowing committee
is herein appointed to study the proposal and report their
recommendations back to the Board at the earliest possible date:
Back Creek -
1.
Gainesboro -
1.
2.
Stonewall -
1.
2.
Shawnee -
1.
2.
Opequon -
1.
2.
o. Land Use Tax:
BE IDS' RESOLVED, That the Board of Supervisors of the
Cou-ty of Frederick does herein appoint the following committee
to ,;Ludy and report back to this Board their recommendations
as the County's possible establishment of a land use tax
System;
Bac%; Creek -
1.
2.
Gainesboro -
1.
2.
Stonewall -
1 .
2.
- hawnee -
1.
2.
C �/ - 7 Z_
Opequon -
1.
2.
7. Amendment to Zoning Ordinance:
BE IT RESOLVED, That the Board of Supervisors of the
County of Frederick does herein approve the following amendment
to the County Zoning Ordinance:
8-1-23, Light industrial manufacturing, assembling,
processing and compounding of glass, (but only as a component
part of the manufacturing, assembling, processing and compounding
thereof), metal and plastic products from prepared materials, together
with associated operations, including machining, stamping, treating
and plating, excluding punch presses and drop hammers exceeding forty
(40) ton rated capacity; provid.:d, however, that plastic or metal
compounding and processing shall only involve previously prepared
plastic or metal material, and that no compounding or processing
shall be done using coke or coal as fuel.
I
BE IT RESOLVED, Thar. :.he 3oard of Supervisors of the
County of Fre::.arick does h. re;:,y re�,u.est that -- .e -o::d F airr"ax
Planning District Coinmiss on adopr- the following policies and
procedures lEor effective adm.J;.nis::.ra'_-ion and operation of the
said Com'-'Ission:
1. Establish an:: cur_; -ram to parlia:,.::ntary procedure for
all Corm—' ssion Meetings.
2. Submit a d--'--ailed ue :.: -:or all Commission .ti.eetings
to all Commission :.1e;abers u:,c: cae ."Idm-rii5Lrativc Officer
of each Kember Government a-- .,.ease.: -'Chree (3) daj,.s p_ for to each
meeting.
3. L. total effor.. :..,:de -o improve between
the Comm�sslon Staff ant,: `Ch,:: Staffs oy �,:e:aber GOvz_::::l.nts.
The Commission recognize var:�ous of develop-
men-.: c:: member jurisdictio:a and �D_.;grams for .A ; uris-
dic-ci.on.S cased U::o:: exisLing levels of GEVc _.':.:.. :��. 1'i rt;:er,
that rr:e priority for dev::iopment of progracas i_)a o��ce_ to assist,
--nose areas experiencing rapid rural -urban
5. The eve:`,* e=fort to avo..� c::pl-'cation
of studies to reduce the cost of sure further _-ne
Commission recognize that some study a.::as made for viaual
municioa_ities require more detailad and th o._ough into....ation
than s cudies made for the Commissio._ on a regional basis.
IT FURT.`- iER RESOD L Supervisors does
�L ' V D, lr_ac the Board o�
opp;,s:_ ;eglo::alization of prograim- whicc: .:.ay be effectivel,� �cr-
for...eL_ .:xnd ad.-,,inistered at .:.-Le local levc_.
L 1,11 FURTHER RLSGL_-vLD, That it, zhe Board of Sul..arvisors'
feeli.--, cnaz 5nould tre pollcias an:l procedures of Lord Fairfax
Planna.l:g District Comic iSSlOr1 and �. c _ st,aff not be ._ :..red to
su.-. sfy she needs of all es, this Board will
hav_: _. ternative than . aka: necessary, appropriate ac pion.
0
3-1-2:),, i. o;i— industrial manufacturing, assembling, processing
and z ,r, of glass ( but 'onl as a component part of the
assembling, processing and compounding thereof),
a fr ?a 1 > i as ti c products from prepared and raw materials,
tr)oothe,� ivii th associated operatioiss, including machining,
treating and plating, excluding punch pressess and
drop haa.:,:;;•s exceeding forty (40) ;:on rated capacity; provided,
�a!rc�ver� :hat plastic or metal compounding and processing shall
only invo ve previously prepared plastic or metal material
and tha!: no compounding or processing will be done using coke
or coal as a fuel.
OBJECTION TO APPLICATION OF MRS. STOTLER
Herbert Cook, adjacent landowner to the subject property,
objects to issuance of Certificate of Approval for placing trailer
on the property of Dean Allen.
We are advised that the other two landowners object to the
issuance of the Certificate. As the application has just been
recently submitted, the landowners were not in a position to attend
the meeting today.
Grounds of objection include:
(1) No health permit was issued as required by § 20-14.
(2) The location set aside for the trailer is less than
thirty (30) feet from either side of the lot, which violates
20-32 requiring the trailer to be more than thirty (30) feet from
any lot line. A "
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(3) The placing of trailers in this generally residential
area will devalue the adjacent property and is not in keeping with
the neighborhood.
On behalf of Mr. Cook, we request that this Certificate of
Approval be r.a ted upon the grounds stated above,or that a up blic
hearing be held pursuant to S 20-19 in order to provide the
adjacent landowners an opportunity to fully express their objections.
H. K. Benham, III, Counsel
for Herbert Cook
�ti' � 67f/- Zz_
October 11, 1972
-'card of Supervisors
Frederick County Virginia
Dear Sirs:
k
In preference to making an open opposition to Mr. Wampler, we decided not to
have a group here in person for the following reasons: Our spokesman, Mr. A. V.
D ',ey, is with the Firestone Company„ and he is in Maryland at this time.
Mrs. Blair Webber is staying with her mother-in-law as Blair's father is in
the hospital. The others that were here last time work and cannot get off
again in such a short time.
We did want the Board to know that we are still very much opposed to this
rezoning. There are fifteen. houses represented by our petition that will be
afected by this rezoning and we feel it is unfair to spot zone an area just
to accommodate one person. If this residential zoning is broken for one per-
son, we understand that others will apply for used car lots, etc. In short
a nice A-2 area will soon be ruined and those of us that have expensive homes
we would like to sell will be out of luck.
:9e cannot see how sympathy for Mr. Wampler should enter into this just
because he has spent so much money. At the time he was denied a building per-
mit, he had only dug holes in the ground. If he had stopped then, they could
have been filled back up at very little cost to him. After being warned that
he was liable to a fine, he kept going with his car wash. We believe he did
this because he felt if he went as far as possible before is hearing, it would
influence your decision. He also has made the remark that he would build a
car wash regardless of your decision.
In conclusion, we ask you to please not cause us further loss in property
value by this spot zoning to B-2. We've had four trailer courts, a log yard
and saw mill rammed down our throats. We understand, however, that they are
allowed in A-2. Don't allow our property to be opened up to a completely com-
mercial area. Thank you for your time and consideration.
The signers of the petition against rezoning
of Wampler land dated August 31, 1972