PC_01-06-88_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room in the Old Frederick County
Court House, 9 Court Square, Winchester, Virginia, on January 6, 1988.
PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman;
James W. Golladay, Jr., Vice - Chairman; George L. Romine;
Marjorie H. Copenhaver; and Manuel C. DeHaven,
Also present were: Robert W. Watkins, Secretary;
Stephen M. Gyurisin, Advisory; and A. Bray Cockerill, Advisory
ABSENT: Kenneth Y. Stiles; S. Blaine Wilson; A. Lynn Myers; Carl McDonald
CALL TO ORDER
Chairman Brumback called the meeting to order at 7:00 p.m.
ELECTION OF OFFICERS
ACTION - ELECTION OF FRANK H. BRUMBACK, CHAIRMAN
Motion was made by Mr. Golladay and seconded by Mr. Romine to elect
Frank H. Brumback as Chairman of the Frederick County Planning Commission
for 1988.
Mr. Romine moved that nominations for Chairman be closed. This
motion was seconded by Mr. Golladay and unanimously approved.
BE TT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously elect Frank H. Brumback as Chairman of said Commission for the
year of 1988.
ACTION - ELECTION OF JAMES W. GOLLADAY, JR., VICE CHAIRMAN
Motion was made by Mr. DeHaven and seconded by Mr.' Romine to elect
James W. Golladay, Jr. as Vice Chairman of the Frederick County Planning
Commission for 1988.
Mrs. Copenhaver moved that nominations for Vice Chairman be closed.
This motion was seconded by Mr. DeHaven and unanimously approved.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously elect James W. Golladay, Jr. as Vice Chairman of said
Commission for the year 1988.
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ACTION - ELECT ROBERT W. WATKINS, SECRETARY
Mr. Golladay nominated Robert W. Watkins for the position of
Secretary of the Frederick County Planning Commission for 1988.
Mr. Romine moved that nominations for Secretary be closed. This
motion was seconded by Mr. DeHaven and unanimously approved.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously elect Robert W. Watkins as Secretary of said Commission for the
year of 1988.
ACTION - 1988 MEETING SCHEDULE
Upon motion made by Mr. Golladay and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously agree that Planning Commission meetings be held the first and
third Wednesdays of each month at 7:00 p.m. in the Board Room of the Old
Frederick County Courthouse, 9 Court Square, Winchester, Virginia.
DISCUSSION OF COMMITTEE APPOINTMENTS
The Planning Commission decided to use the same committee members in
1988 rather than appoint new ones.
MINUTES
Upon motion made by Mr. Romine and seconded by Mr. Golladay, the
minutes of the Planning Commission of December 16, 1987 were unanimously
approved as presented.
Upon motion made by Mr. Romine and seconded by Mr. Golladay, the
minutes of the joint public hearing of the Frederick County Planning
Commission and the Frederick County Board of Supervisors,�held on December
16, 1987, were unanimously approved as presented.
BIMONTHLY AND MONTHLY REPORTS
The Commission and staff discussed pending and approved
applications.
COMMITTEE REPORTS
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Capital Improvements Plan Subcommittee
Mr. Golladay said that the first meeting of the CIP was held January
6, 1988 and Mr. Romine was elected Chairman.
Transportation Committee
Mr. Gyurisin said that the next Transportation Committee meeting
will be held on January 25, 1988 at 7:00 p.m. Mr. Gyurisin said that the
VDOT will have representatives present to discuss improvements to Route 50
West.
DISCUSSION ON ESTABLISHING A FOOTING /FOUNDATION SITE PLAN POLICY
Mr. Gyurisin said that due to the time of year, the staff has
received several requests for site plan approval on footings /foundations.
Mr. Gyurisin said that the staff has no firm policy as to!when to bring
these requests to the Planning Commission. After some discussion on the
matter, it was decided that the staff would draft a policy for the
Commission's review.
SITE PLANS
Site Plan #055 -87 of Stephens City Shopping Center for footing /foundation
only. The footing /foundation is for a shopping center to be located east
of Stephens City in the Opequon Magisterial District.
Action - Approved
Mr. Gyurisin said that this plan and approval is only for the
foundation work and continued site work. Mr. Gyurisin said that all
applicable site plan and zoning standards appear satisfactory. He said
that VDOT final comments are still pending, but will not impact the
building location for footing /foundation work. Mr. Gyurisin added that a
plan for this project has been reviewed and all review comments have been
incorporated in a revised plan.
Mr. N. Wayne Stainback, President of Crossroad Development Company,
said that they would like to begin the footing /foundation work while the
weather permits. Mr. Stainback said that his contractor is ready to begin
and they have lease dates to meet. He added that as soon as he receives
VDOT comments, he will revise the site plan and forward it to the staff.
Upon motion made by Mr. Golladay and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #055 -87 of Stephens City Shopping Center for
footing /foundation work only. The proposed use is for a shopping center to
be located at the southwest intersection of State Route 277 and State Route
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641, a short distance east of Stephens City, in the Opequon District.
PUBLIC HEARINGS
Rezoning Application #037 -87 of Michael Mehas to rezone 1.05 acres from A -2
(Agricultural General) to B -2 (Business General) in the Back Creek
District.
No Action Taken
Mr. Watkins said that rezoning to B -2 at this location would not
appear to fit zoning in the area and would appear to violate spot zoning
policies and, therefore, the staff would recommend denial.
Ms. Helen Ritter, realtor with E. E. Bayliss, said that she has had
this property listed since June 12, 1987. She said that various people
have been interested in purchasing the property for various business uses,
but only if the property is rezoned.
Mrs. Judith Mehas said that the building on the property was used as
a restaurant or general store for the past 50 years. Mrs, Mehas said that
they wanted to sell the parcel as business property.
Mr. Michael Mehas said that he bought the property in 1972 and he
and his father operated the building as a restaurant until 1983 -84.
Mr. Watkins said that the nonconforming use of the property could be
re- established with a conditional use permit.
Mr. Gary Hunt said that he intended to purchase the property for
motor cycle sales. Mr. Hunt said that the business is self contained and
will not have any outside storage or operations.
Due to a possible conflict of interest on Mrs. Copenhaver's part and
due to the absence of some of the Planning Commissioners, Chairman Brumback
declared that the Commission could not act on this rezoning application due
to the lack of a quorum. Chairman Brumback said that this rezoning request
will be carried over to the Planning Commission's first meeting in
February.
ORDINANCE AMENDMENTS
An amendment to add funeral homes /cemetery office complexes in cemeteries
in the A -1 District.
Action - Approved
Mr. Charles McCandlish, attorney representing Shenandoah Memorial
Park, was present with Larry T. Omps, the President of Shenandoah Memorial
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Park, and Mr. Chapman, also of the Shenandoah Memorial Park. Mr.
McCandlish said that they were in favor of the amendments and asked the
Commission to approve the amendments. Mr. McCandlish also presented a
letter from Mr. Larry T. Omps and asked that it be made a part of the
official record.
Upon motion made by Mr. Golladay, seconded by Mr. Romine, and
unanimously approved, the letter was made a part of the minutes as
follows:
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ROUTE 1 — BOX 73
WINCHESTER, VIRGINIA 226D1
V V�!G• PA 2
rea Code 703
A PERPETUAL CARE MEMORIAL PARK
January 6, 1988
Hon. Frank Brumback, Chairman
Frederick County Planning Commission
9 Court Square
Winchester, Virginia 22601
Dear Mr. Brumback:
I write to outline my reasons for requesting the zoning text
amendment which appears as Item 8 on the Commission's agenda for
January 6, 1988. The text change would list funeral homes as a
permitted use in the A -2 Zone.
Shenandoah Memorial Park has operated a cemetery at our present
location since 1957, predating the County's zoning'ordinance. Our
operation is a "grandfathered" non - conforming use. i
We presently lease office space in a farmhouse adjacent to the
cemetery. The building is no longer adequate; we need more space
which is better suited to our purposes.
As Mr. Gyurisin's memorandum of December 22, 1987, confirms,
a cemetery office building would be permitted on the property as
an accessory use. We do intend to build new offices, on the north-
east portion of the property, fronting on Route 522.
We would like to devote a portion of that building to certain
functions usually performed in a funeral home, and to include space
for a funeral chapel. The benefit to Shenandoah Memorial,Park is
clear; we could offer the public one location for both funeral
services and burial.
The benefit to the public is likewise clear. As more of our
clients held their funeral services at the cemetery, you would see
fewer funeral processions, guided by Frederick County deputies,
on the highways of the County.
• ROUTE 522 SOUTB64BPAPERMILL ROAD
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Hon. Frank Brumback, Chairman
January 6, 1988
I see no danger in the proposed amendment. Although some
church cemeteries would be technically affected, none is likely to
make any move. Moreover, you will see no real change in our
operations; we will continue to preserve attractive open space,
paying our taxes and demanding few services.
I hope that the Commission will approve the changes.
LTO /nso
Sincerely,
Larry r T. mps, President
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No one else was present to speak either in favor or opposition.
Upon motion made by Mr. DeHaven and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the ordinance to amend the Frederick County Code,
Chapter 21, Zoning, A -1 (Agricultural Limited) District, Section 3 -2, Use
Regulations, with the following addition:
3 -2 -25 Funeral Homes and Cemetery Office Complexes in Cemeteries
An amendment to add funeral homes /cemetery office complexes in cemeteries
in the A -2 District.
Action - Approved
Upon motion made by Mr. Romine and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the ordinance to amend the Frederick County Code,
Chapter 21, Zoning, A -2 (Agricultural General) District, Section 4 -2, Use
Regulations, with the following addition:
4 -2 -28 Funeral Homes and Cemetery Office Complexes in Cemeteries
An amendment to allow sand, shale, and clay mining in the A -1 and A -2
Districts as a conditional use.
Action - Tabled
The Commissioners felt that conditions should be listed as part of
the amendment in order to be fair to all applicants and to protect the
County. They felt that a statement should also be included requiring the
applicant to meet all requirements of the Virginia Division of Mineral
Mining.
No one was present to speak in favor or opposition.
Upon motion made by Mr. Golladay and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously agree to table all the mining amendments until the staff can
incorporate the conditions discussed by the Commission.
ANNUAL REVIEW. RENEWAL. AND CANCELLATION OF ALL CONDITIONAL USE PERMITS
SUPERVISORS
BY THE
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Action - Approved
Mr. Gyurisin presented the list of all conditional use permits
approved since 1979. Mr. Gyurisin noted that the following conditional use
permits should be removed from the list:
CUP #003 -85 of Zulfigar Ahmed, withdrawn
CUP #011 -86 of Beulah R. Lind, no longer in business
CUP #015 -87 of Douglas and Sue Yost, property rezoned
Mr. Golladay noted that CUP #011 -82 of Michael J. Tilock should be
removed from the list, as Mr. Tilock was no longer in business. He also
noted that CUP #003 -81 of Joseph C. Geraci was being operated by Mrs.
Geraci, since Mr. Geraci passed away.
No one was present to speak in favor or opposition, therefore, Mr.
Golladay moved for approval with the changes noted. This motion was
seconded by Mrs. Copenhaver and unanimously approved.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the renewal of all conditional use permits approved
beginning in July, 1979 with the changes noted.
I:" Iff1fl ik l'u 16 f ki Y 1
Since there was no further business to discuss, the meeting
adjourned at 8:42 p.m.
Respectfully submitted,
Frank H. Brumb ck, Chairman
Robert W. Watkins, Secretary
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