PC_05-06-87_Meeting_MinutesMINUTES OF THE MEETING
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 May 6, 1987.
PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr.,
Vice-Chairman; Marjorie H. Copenhaver; Kenneth Y. Stiles; A. Lynn
Myers; S. Blaine Wilson; George L. Romine; Manuel C. DeHaven;
Carl M. McDonald; Robert W. Watkins, Secretary; Stephen M.
Gyurisin, Advisory.
CALL TO ORDER
Chairman Brumback called the meeting to order at 7:00 p.m.
MINUTES
The first order of business was the consideration of the minutes of
April 15, 1987. Upon motion made by Col. Myers and seconded by Mr. Romine,
the minutes of April 15, 1987 were unanimously approved with an amendment
to page 2.
BIMONTHLY REPORT
Mr. Gyurisin stated that he had received a request for
administrative approval for an addition to the Star Tannery Fire Hall. Mr.
Gyurisin said that the addition will consist of one bay for fire equipment.
The Planning Commission gave the staff the authority to administratively
review and approve the site plan.
Mr. Gyurisin next presented the Commission with an updated version
of the Regency Lake Mobile Home Park site plan for their information only.
Mr. Gyurisin said that the major change was an overall decrease in the
number of units for the total site. He said that units have been removed
from the central area where the lake is located and this area will be used
as green space.
COMMITTEE REPORTS
Comprehensive Plan Subcommittee
Mr. Golladay noted that the Economic Development Section of the
Comprehensive Plan is finished and will be presented to the Commission at
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their next meeting or the first meeting in June.
CITIZEN COMMENTS
Mr. William Richard, resident of Appleview Estates in Clearbrook,
came forward to speak about the Kingdom Farm Flea Market located at the
intersection of Exit 83 and Interstate 81. Mr. Richard said that he made
inquiries and to date, the owner has not obtained a permit or submitted a
site plan, but has been operating since the first of April. Mr. Richard
said that he was concerned about the size of the flea market, traffic
problems, sanitary conditions, parking, etc.
Mr. DeHaven explained that the B -2 Zoning allows flea markets as a
permitted use. He said that Dr. Fish, the owner of the flea market, has
not added anything to the place of business except for picnic-style tables
for the flea market. Mr. DeHaven said that Dr. Fish is currently in the
process of drawing and submitting a site plan.
Mr. Stiles said that last fall, Dr. Fish approached county officials
concerning requirements, was told that nothing would be required, and then
proceeded in good faith. Mr. Stiles said that when he became aware that
Dr. Fish was in operation, he explained to him that a site plan was needed.
Mr. Stiles said that Dr. Fish has taken steps to submit a site plan. Mr.
Stiles said that considering the fact that this use is permitted in the B -2
zone, he felt there was no point to shut down the operation while waiting
for the plan to be submitted.
DISCUSSION ON APPROVAL OF SUBDIVISION PLATS IN THE LAKESIDE SEWER SERVICE
AREAS.
Mr. Watkins said that Mr. Wellington Jones, Engineer /Director of the
Frederick County Sanitation Authority, gave a presentation to the Board of
Supervisors on April 22, 1987 concerning estimates of available capacity in
the Lakeside Plant and the role of the Sanitation Authority in reviewing
plans. Mr. Watkins said that the planning staff has continued to study the
sewer issues and has come to two certain conclusions. He said the first is
that the critical step in the process of approving developments to be
served by public sewer facilities is rezoning. He said that if the
Commission rezones in the vicinity of sewer and water lines, it has
committed to providing sewer and water in that area. Mr. Watkins said that
the second point is that approval of subdivision plats is an administrative
act rather than a legislative act. He said that if the plat meets the
requirements of the County Code, such as sewer and water facilities,
appropriate zoning, approved master plan, etc., then plats should be
approved.
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SUBDIVISIONS
Final Subdivision Plat of Lakewood Manor, Section 4 -A, to subdivide 8.1464
acres into 16 single-family lots in the Shawnee District.
Action - Approved
Mr. Charles Maddox of G. W. Clifford & Associates, design engineers
for the Lakewood Manor project, was present to answer questions. Mr.
Maddox stated that the plats have been amended to show agency comments.
Motion was made by Mr. Wilson and seconded by Mr. Romine to approve
the subdivision plat of Lakewood Manor, Section 4 -A.
Mr. Stiles moved to amend the motion to add that the Planning
Commission require the plats to include the notation that sewer hookups are
available according to the policy and procedures of the Sanitation
Authority and the available capacity. This motion was seconded by Mr.
Wilson and was approved by the following majority vote:
YES (APPROVAL OF THE AMENDMENT):
Mrs. Copenhaver and Messrs. Stiles,
McDonald, Brumback, DeHaven, Wilson,
Romine
NO: (DISAPPROVAL OF THE AMENDMENT):
Messrs. Golladay, Myers
The vote on the amended motion was:
YES (APPROVAL OF THE AMENDED MOTION):
Mrs. Copenhaver and Messrs. Stiles,
McDonald, Myers, Brumback, DeHaven,
Wilson, Romine
NO (DISAPPROVAL OF THE AMENDED MOTION): Mr. Golladay
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the final subdivision plat of Lakewood Manor, Section 4 -A, for the
subdivision of 8.1464 acres into 16 single - family lots, open space, right -
of -ways, and easements with the requirement that all plats include the
notation, "Sewer hookups are available according to the policy and
procedures of the Sanitation Authority and the available capacity." This
property is located in Lakeside, north of Route 642, in the Shawnee
Magisterial District.
Final Subdivision Plat of Lakewood Manor, Section 4 -B, for the subdivision
of 6.2290 acres into 13 single - family lots in the Shawnee District.
Action - Approved
Mr. Charles Maddox of G. W. Clifford & Associates, the design
engineers for the Lakewood project, was present to answer questions.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the final subdivision plat of Lakewood Manor, Section 4 -B, for the
subdivision of 6.2290 acres into 13 single-family lots, open space, right -
of -ways, and easements with the requirement that all plats include the
notation, "Sewer hookups are available according to the policy and
procedures of the Sanitation Authority and the available capacity." This
property is located in Lakeside, north of Route 642, in the Shawnee
Magisterial District.
Final Subdivision Plat of Lakeside, Section 5, for the subdivision of
10.8088 acres into 27 single-family lots in the Shawnee District.
Action - Approved
Mr. Charles Maddox of G. W. Clifford 6 Associates, design engineers
for the Lakewood Manor project, was present to answer questions.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the final subdivision plat of Lakeside, Section 5, for the
subdivision of 10.8088 acres into 27 single - family lots, open space, right -
of -ways, and easements with the requirement that all plats include the
notation, "Sewer hookups are available according to the policy and
procedures of the Sanitation Authority and the available capacity." This
property is located in Lakeside, north of Route 642, in the Shawnee
Magisterial District.
Final Subdivision Plat of Lakeside, Section 6, for the subdivision of
11.9420 acres into 28 single-family lots in the Shawnee District.
Action - Approved
Mr. Charles Maddox of G. W. Clifford 6 Associates, the design
engineers for the Lakewood project, was present to answer questions.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the final subdivision plat of Lakeside, Section 6, for the
subdivision of 11.9420 acres into 28 single - family lots, open space, right -
of -ways, and easements with the requirement that all plats include the
notation, "Sewer hookups are available according to the policy and
procedures of the Sanitation Authority and the available capacity." This
property is located in Lakeside, north of Route 642, in the Shawnee
Magisterial District.
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Final Subdivision Plat for the division of a portion of Battlefield
Partnership property into four lots (parcels 5, 6, 7, 8) in the Back Creek
District
Action - Approved
Mr. Richard Hardison, a partner in the Battlefield Partnership, was
present to answer questions.
Upon motion made by Mrs. Copenhaver and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the final subdivision plat for the division of a
portion of Battlefield Partnership property into four lots (parcels 5, 6,
7, and 8) with sewer, water, and easements. This property is located on
Route 11 South, across from the Department of Motor Vehicles, in the Back
Creek Magisterial District.
Final Subdivision Plat of Lenoir City Company of Virginia for the division
of a portion of the Stonewall Industrial Park into a 15.00 acre industrial
lot in the Stonewall District.
Action - Approved
Mr. Watkins stated that the proposed plat meets all subdivision
regulations. He said that a master plan is not required since this is on
an existing planned street, Tyson Drive.
Mr. Thomas Gilpin with Lenoir City Company of Virginia was present
to answer questions.
Mr. Wilson said that due to a remote possibility of a conflict of
interest, he would not participate in any dicussion or vote on this
subdivision.
Upon motion made by Mr. Stiles and seconded by Mr. DeHaven,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby
approve the final subdivision plat of Lenoir City Company of Virginia for
the division of a portion of the Stonewall Industrial Park into a 15.00
acre industrial lot with sewer, water, and easements. This property is
located on the northwest side of Tyson Drive in the Stonewall Industrial
Park, Stonewall Magisterial District.
YES: Mrs. Copenhaver and Messrs. McDonald, Myers, Stiles, Brumback,
Golladay, DeHaven, Romine
ABSTAIN: Mr. Wilson
SITE PLANS
1,1•
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Site Plan 11018 -87 of Valley Wallboard for a 50' X 100' warehouse in the
Stonewall Magisterial District
Action - Approved
Mr. Charles Maddox of G. W. Clifford & Associates, design engineers
for the Valley Wallboard project, was present to answer questions.
Upon motion made by Mr. DeHaven and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan 11018 -87 of Valley Wallboard, a
warehousing /distributor for building supplies, for a 50' X 100' warehouse,
access parking, and site improvements. This property consists of 4.1667
acres and is located on the northwest side of Tyson Drive in the Stonewall
Industrial Park, Stonewall Magisterial District.
Site Plan 11019 -87 of Windy Hill Business Park for a warehouse complex in
the Shawnee Magisterial District.
Action - Approved
Mr. Watkins said that all fire codes have been met for fire hydrant
and access. He added that approval of a main extension is needed by the
City and County to accomodate the required line for fire hydrants.
Mr. Wilson asked if there were any existing buildings on the
property. Mr. Gyurisin replied that there is an existing cinder block
building and a number of cars stored on the property.
Mr. Thomas Baker, representing the Windy Hill Business Park, said
that the cars will be removed before the buildings are completed.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby
unanimously approve Site Plan 11019 -87 of Windy Hill Business Park for a
warehouse complex consisting of four structures with access, parking, and
site improvments. This property consists of 4.308 acres located on Lot
1, Windy Hill Subdivision, off Route 522 South, in the Shawnee Magisterial
District.
PUBLIC HEARINGS
An ordinance to amend the Frederick County Code to allow restaurants as a
permitted use with a conditional use permit in the A -1 (Agricultural
Limited) Zoning District.
Action - Approved
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Mr. Watkins explained that the Statements of Intent for the A -1 and
A -2 Districts need to be examined and revised to better reflect the
policies of the Comprehensive Plan and in particular, the rural community
centers. Mr. Watkins said that a large area in the western part of the
County is zoned A -1 and does not allow many services beyond the basic
country store. He said that the staff feels, therefore, that it would be
appropriate to allow restaurants with a conditional use permit in the A -1
District.
Chairman Brumback called for anyone wishing to speak in favor or
opposition to this ordinance amendment.
Robert T. Mitchell, representing Mr. and Mrs. Douglas Yost, agreed
with the staff comments and was in favor of the amendment.
Upon motion made by Col. Myers and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the ordinance to amend the Frederick County Code,
Chapter 21, Zoning, Article III, (Agricultural Limited) District, A -1
Section 3 -2 -25, PERMITTED EXCEPTIONS ONLY WITH A CONDITIONAL USE PERMIT, to
add the following: 3 -2-25 Restaurants.
Rezoning Request #004 -87 of Kim Henry to rezone five acres from B -2
(Business General) to B -3 (Industrial Transition) for warehouses in the
Stonewall District
Action - Denied
Mr. Watkins said that he received an inquiry as to whether the road
coming from Route 7 back to this point and ultimately to the Regency Lake
Development, was designed and approved by the Highway Department to handle
the kind of traffic that may result from this warehouse project. Mr.
Watkins said that he discussed the matter with William H. Bushman, Resident
Engineer for the Virginia Department of Highways and Transportation, and
Mr. Bushman noted that, at least back to the point where you enter the
mobile home park from Route 7, the road had been designed above the normal
residential standards and he felt it could handle commercial or heavier
traffic.
Mr. Watkins added that the last time the Planning Commission
reviewed this rezoning, they did not have a completed plat. Mr. Watkins
said that the plat has since been furnished and is in the Commission's
agenda. He said that Parcel B consists of 1.5 acres zoned B -2 and Parcel A
consists of 3.5 acres zoned RP. Mr. Watkins next reviewed with the
Commission the surrounding zoning.
Mr. Golladay said that he was concerned about the entrance turn at
Apple Cart, going west on Route 7. Mr. Golladay said that this was
originally proposed as a 50' radius, but was reduced to a 25' radius. Mr.
Golladay was concerned that there would be problems with trucks carrying
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mobile homes turning into the park and also with large trucks going to the
warehouses.
Mr. Kim Henry, applicant, said that he was proposing mini - storage
warehouses, not large warehouses. Mr. Henry said that the mini - warehouses
would not generate large truck traffic.
Mr. Harry Benham, III, speaking on behalf of Regency Lakes Estates,
came forward to speak in opposition to this rezoning. Mr. Benham said that
Regency is paying for the construction of the road that passes by, and is
the only existing means of entrance to, the Henry property. He said that
the road is being constructed in accordance with the specifications set
forth by the Highway Department for residential use with the understanding
that once it is built, it would be accepted into the State Highway System.
Mr. Benham said that their concern is that greater truck useage on this
road might cause the Highway Department to reject accepting the road into
the system. The other concern Mr. Benham had was that of screening. He
said that in so far as this entrance is almost exclusively an entrance for
residential use, except for the Henry parcel, they are concerned that it be
screened and attractive from the standpoint of residential use.
Mr. Charles W. Maddox of G. W. Clifford & Associates, design
engineers for the Regency Lakes Development, came forward to speak on
behalf of the owners of the Regency Lakes Development. Mr. Maddox said
that the road was designed exclusively for residential traffic. He said
that a modular home is light weight, not truck weight, and is moved only
once, into the park. He said that they met with State agencies in Richmond
and results of studies showed that truck traffic in modular home parks was
much less than the 5% level of normal highway truck traffic. Based on that
assumption, they reduced the pavement design about halfway. Mr. Maddox
said that this was an urban designed residential street, not an industrial
access road.
Mr. AJ.son Smith, one of the principal owners of the Regency Lakes
Development, said that they have spent a large amount of money on their
project and felt that if surrounding development did not appear as nice or
nicer than the mobile home park, that it should be completely screened. In
regards to the change in road radius, Mr. Smith said that the Highway
Department visited other mobile home parks, did several 24 -hour studies,
and determined that the number of trucks entering and leaving the site was
low. He said that this was the basis for reducing the radius. Mr. Smith
said that mobile homes /tractor trailer trucks could be brought in from
1 -81, down Route 7, and left into Regency.
Mr. Smith said that the only way the road could be brought up to
standards for trucks would be to put more black top down. He felt that if
they needed to put more black top on the road, other users should help to
pay the cost. He also felt that other users of the road should participate
in the cost of a traffic light.
Mr. Wilson inquired of Mr. Henry if he would be agreeable to sharing
in the cost of the traffic light and Mr. Henry said that he would. Mr.
Henry added that he would be willing to work with the owners of the Regency
Development on the screening.
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Some commissioners felt B -3 zoning was not suitable this close to
residential zoning. Other commissioners were concerned that if Mr. Henry
sold the property, other heavier industrial uses could utilize the B -3
zoning. After considerable discussion on this matter, motion was made by
Mr. DeHaven and seconded by Mr. McDonald to deny the rezoning.
Mr. Stiles then moved to table the rezoning request pending a
written report from the Highway Department regarding the ability of the
road as designed to handle B -3 traffic, however, this motion died for lack
of a second.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
deny Rezoning Request 11004 -87 of Kim Henry to rezone 5 acres from B -2
(Business General) and RP (Residential Performance) to B-3 (Industrial
Transition) for warehouses. This property is located on the north side of
Route 7, adjacent to and to the east of Regency Lakes Estates, in the
Stonewall Magisterial District.
The vote on this application was:
YES (TO DENY): Mrs. Copenhaver and Messrs. McDonald, Myers, Brumback,
Golladay, DeHaven, Wilson, Romine
NO: Mr. Stiles
Rezoning Request 11010 -87 of Douglas and Sue C. Yost to rezone 7.783 acres
from A -1 (Agricultural Limited) to B-2 (Business General) in the Gainesboro
Magisterial District.
Action - Withdrawn
Robert T. Mitchell, attorney representing Mr. and Mrs. Yost, stated
that the Yosts filed this rezoning application because at the time, it was
the only alternative open to them to operate a restaurant. He said that in
light of the previous action taken by the Commission to amend the A -1
Zoning District regulations to allow restaurants with a conditional use
permit, they wished to withdraw the rezoning application.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
accept the request for withdrawal of Rezoning Application 11010-87 of
Dougals and Sue C. Yost to rezone 7.783 acres from A -1 (Agricultural
Limited) to B -2 (Business General) for a restaurant. This property is
located at the intersection of Route 522 North and Route 694, on the west
side of Route 522 at Reynolds Store, in the Gainesboro Magisterial
District.
Rezoning Request 11011 -87 of Dominion Associates Group II, Inc. to rezone 40
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acres from A -2 (Agricultural General) to RP (Residential Performance) in
the Shawnee Magisterial District.
Action - Approved
Mr. Watkins reported that the Sanitation Authority has stated that
it would not be suitable to sewer this property via the lines in Glenmont
Village because of the capacity of the pump station. He said that the
Sanitation Authority has stated that the applicant will need to provide
their own pump station and pump into a line that is near the site in the
Lockhart Subdivision. Mr. Watkins explained that the eastern point of the
Lockhart Subdivision is diagonal to the southwestern point of this project.
Mr. Watkins said that sewer is available, however, the applicant will have
to extend it. He added that RP Development would appear to fit the pattern
of development in this area.
Mr. Graham Nelson, Sr., representing the owners of the property and
Dominion Associates Group II, Inc., felt that residential use would be the
best use of this property at this time. He said that the people involved
in the development are aware of the need for a pumping station and are
willing to pay the costs.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Rezoning Request 11011 -87 of Dominion Associates Group
II, Inc. to rezone 40 acres from A -2 (Agricultural General) to RP
(Residential Performance) for single - family development. This property is
located on the north side of Senseny Road (Route 657) approximately three
miles west of Highway 81 and 3/4 mile east of Opequon Creek in the Shawnee
Magisterial District.
Conditional Use Permit 11005 -87 of Denny Derflinger for a sign for the
businesses on Westminster- Canterbury Drive in the Gainesboro District.
Action - Continuation of Tabling
Due to the lack of a representative for this conditional use permit,
the Commission unanimously agreed to continue the tabling of this item.
Conditional Use Permit 11007 -87 of Regency Lakes Associates for an off -
premise sign for Regency Lakes in the Stonewall Magisterial District.
Action - Approved
Mrs. Charlotte L. Anderson, representative for this application,
stated that the proposed sign will indicate the entrance to Regency Lakes.
Mrs. Anderson said that the location of the sign was proposed by Mr. Aylor
of the Highway Department and herself.
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Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit X1007 -87 of Regency Lakes
Associates for an off - premise sign for Regency Lakes, to be located at the
southeastern border of Clarke Motors, off Route 7 West, in the Stonewall
Magisterial District, with the following conditions:
1. This is a one year permit to be reviewed and renewed annually by the
staff, Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
3. The sign shall be maintained in good repair.
Conditional Use Permit 11008 -87 of Regency Lakes Associates for an off -
premise sign for Regency Lakes in the Stonewall District.
Action - Approved
Mrs. Charlotte L. Anderson, representing Regency Lakes Associates,
stated that the reason for requesting two signs was so that one sign could
be visible to eastbound traffic and another sign visible to westbound
traffic. Mrs. Anderson said that she attempted to find a good locaton for
one sign, that would be visible to both east and west bound traffic, but
could not find a suitable location.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit #008 -87 of Regency Lakes
Associates for an off - premise sign for Regency Lakes, to be located at the
southeastern corner of James Wilkins,' Jr. property, in the Stonewall
Magisterial District, with the following conditions:
1. This is a one -year permit to be reviewed and renewed annually by the
staff, Planning Commission, and Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
3. The sign shall be maintained in good repair.
Conditional Use Permit #009 -87 of Lloyd R. Renner for an off - premise sign
for The Factory Outlet and Surplus Sales in the Gainesboro District.
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Action - Approved
Mr. Lloyd R. Renner, applicant, was present to answer questions.
Col. Myers inquired if Mr. Renner was the owner of the property.
Mr. Renner replied that he owned the property where the sign was proposed
to be located, but his business is on a separate parcel.
Upon motion made by Col. Myers and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit 11009 -87 of Lloyd R. Renner for
an off - premise sign for The Factory Outlet and Surplus Sales to be located
along Route 522 at Albin, in the Gainesboro Magisterial District, with the
following conditions:
1. This is a one -year permit to be reviewed and renewed annually by the
staff, Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
3. The sign shall be maintained in good repair.
Conditional Use Permit 11010 -87 of C. Joseph Lizer for a 16' X 16' (4' deep)
three dimensional sign in the Gainesboro Magisterial District.
Action - Approved
Mr. C. Joseph Lizer, the applicant, was present to answer
questions.
Upon motion made by Col. Myers and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit 11010 -87 of C. Joseph Lizer for a
16' X 16' (4' deep) three - dimensional sign to be located at the
intersection of Route 522 and Route 789 in the Gainesboro Magisterial
District with the following conditions:
1. This is a one -year permit to be reviewed and renewed annually be the
staff, Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
3. The sign shall be maintained in good repair.
4. All VDH &T sight distance requirements should be maintained.
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---------------------
Conditional Use Permit 11011 -87 of Ann Marie Beach for a Cottage Occupation/
Beauty Salon in the Back Creek District.
Action - Approved
Mrs. Ann Marie Beach, applicant, stated that there would be no other
employees other than herself working in the salon.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Conditional Use Permit 11011 -87 of Ann Marie Beach for a
Cottage Occupation /Beauty Salon to be located on the northeast side of
Route 652, near Kernstown, in the Back Creek Magisterial District with the
following conditions:
1. This is a one-year permit to be reviewed and renewed annually by the
staff, Planning Commission, and the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit
will be required.
3. Off- street parking shall be provided.
4. This conditional use permit will be valid only after the applicant has
occupied the dwelling on the property.
/`API"
BEGINNING JULY. 1979 BY THE STAFF. PLANNING COMMISSION
OF SUPERVISORS
PERMITS
The Commission and staff reviewed the list of conditional use
permits. Upon motion made by Mr. Golladay and seconded by Col. Myers,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve all the conditional use permits requiring renewal
except for the following conditional use permits which will be advertised
for cancellation:
Page
2 --
CUP
11015 -78
of
Anton B. Papierniak
Page
4 --
CUP
11011 -82
of
Michael J. and Marey C. Tilock
Page
4 --
CUP
11006 -83
of
Craig D. and Seri K. Kern
Page
5 --
CUP
11001 -86
of
Cheryl L. Anderson
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ACTIVE CONDITIONAL USE PERMITS
I. Before Advertising Was Required - No advertising required for renewal.
A. No Time Limits
007 -74
- Orrick Cemetery
2/13/74
Shawnee
040 -75 -
Boyd J. Unger, Jr.
5/14/75
Shawnee
067 -76
- Theodore H. & Margaret P. Sisk
7/14/76
Shawnee
010 -74 -
Fred. Co. Fruit Growers
4/10/74
Gainesboro
001 -79
- Robert E. DeHaven
2/14/79
Gainesboro
019 -74
- Leslie Mogle
3/13/74
Opequon
034 -75
- National Trust for Historic
Preservation
2/12/75
Opequon
005 -77 -
Battle of Cedar Creek Campground
7/20/77
Opequon
050 -75 -
Dowling Company, Inc. (sign)
11/12/75
Back Creek
052 -76 -
George Kelchner (signs)
1/28/76
Back Creek
022 -78
- Round Hill Ruritan Club (sign)
1/10/79
Back Creek
055 -76
- National Advertising Co.(sign)
3/22/76
Stonewall
026 -74
- Stanford & Inge Co. (sign)
7/24/74
Stonewall
B. Mobile Homes (For Information Only)
004 -74
- Russell Swimley
1/09/74
Stonewall
008 -74 -
Glenn Russell
2/13/74
Stonewall
018 -74
- Forrest Lake Estates MHP
3/25/76
Opequon
033 -74
- Earl L. Armel
12/11/74
Back Creek
2418
- 15 -
2419
ACTIVE CONDITIONAL USE PERMITS
C. One Year Time Limit
002-78
- Lake Holiday Country Club (sign)
5/10/78
Gainesboro
006 -78
- Edward T. & Carol B. Place
7/12/78
Gainesboro
009 -78
- Joesph A. Helsley
8/23/78
Gainesboro
010 -78
- Jack Black
9/13/78
Gainesboro
068 -76
- Betty J. Peacemaker
8/25/76
Back Creek
004 -77
- D. Emory Wilson
4/25/77
Back Creek
015 -78
- Anton B. Papierniak
11/29/78
Back Creek
018 -78
- Francis & Helen Kowalski
12/13/78
Back Creek
009 -77
- Margaret A. Carter
10/26/77
Stonewall
014 -78
- Marcus W. Reid
1/10/79
Stonewall
017 -78
- Fred. Co. Fair Ass.
1/10/79
Stonewall
019 -78
- Linwood Heironimus
1/10/79
Stonewall
003 -79 -
Union Hall
2/28/79
Stonewall
004 -79
- Eaton L. Keeler (sign)
2/28/79
Stonewall
005 -79
- Eston L. Keeler
4/12/79
Stonewall
023 -78 -
Charles W. Bush
1/24/79
Shawnee
008 -77 -
Bigman's Restaurant (sign)
8/17/77
Shawnee
II. After Advertising Was Required
A. No Time
Limits - No Advertising Required for
Renewal
009 -79 -
Richard & Merle Kerns
6/20/79
Gainesboro
015 -79 -
Loring R. Nail
7/11/79
Back Creek
024 -79 -
Dr. Robert Kapp
2/13/80
Shawnee
025 -79 -
Powlen Equipment Company
2/27/80
Shawnee
2419
- 16 -
B. One Year
Time Limit - Advertising Required
for Renewal
Shawnee
010 -79 -
David B. Grim
7/11/79
Stonewall
003 -80 -
Albert & Sandra Poore
6/11/80
Back Creek
005 -80 -
Robert & Betty Kerns
6/11/80
Gainesboro
014 -80 -
John M. & Shirley Klein
12/10/80
Back Creek
011 -80 -
Ralph Poe (sign)
11/12/80
Gainesboro
012 -80 -
C. John & Linda A. Martin
11/12/80
Gainesboro
019 -80 -
Richard J. Scherzinger
12/10/80
Opequon
C. Annuallv Renew And Review - Advertisine Reauired for Renewal
011 -79
- Ervin & Margie Nates
7/11/79
Shawnee
008 -80 -
Melvin E. Nail
9/10/80
Back Creek
021 -79 -
Ralph W. Poe
11/14/79
Back Creek
001 -81 -
Gary A. Wygal
4/08/81
Shawnee
002 -81 -
Robert F. Zeigler (sign)
4/08/81
Shawnee
003 -81 -
Joseph Geraci
5/13/81
Opequon
004 -81 -
Granville B. McCauley
6/11/81
Gainesboro
005 -81 -
Charles A. Strother, Sr.
6/11/81
Gainesboro
007 -81
- John & Brenda Owings
6/11/81
Opequon
008 -81
- Wesley L. Spangler
6/11/81
Shawnee
009 -81
- Margaret G. Brown
6/11/81
Back Creek
013 -81
- Patricia A. Abbott
10/14/81
Back Creek
014 -81
- William D. Payne
10/14/81
Opequon
016 -81
- Bernard & Sally McClung
11/10/81
Stonewall
2420
- 17 -
Annual Review and Renew
018 -81
- Elmer H. Lauck
1/20/82
Gainesboro
019 -81
- Craig & Seri Kern
1/20/82
Gainesboro
003 -82
- Mr. & Mrs. Jerry Harris
4/14/82
Stonewall
005 -82
- Lloyd L. & Carolyn J. Roberts
4/28/82
Stonewall
007 -82
- Stephen & Sue Culbert
5/26/82
Shawnee
008 -82
- Gilbert C. Mills
5/26/82
Opequon
009 -82
- Cohoka Corporation
5/20/82
Back Creek
010-82
- Joseph S., Jr. & Lynda H. DuBose
8/11/82
Gainesboro
011 -82
- Michael J. & Mary C. Tilock
8/11/82
Opequon
015 -82
-Peter G. & Crystal M. Dassler
11/24/82
Gainesboro
016 -82
- John H. Wert
1/12/83
Opequon
017 -82
- Charles H. & Nancy J. Thompson
1/12/83
Gainesboro
018 -82
- Jacob Puffenberger
2/23/83
Gainesboro
020 -82
- Joseph C. Smith (sign)
1/26/83
Stonewall
002 -83
- Glenwood Nicholson (sign)
4/27/83
Stonewall
003 -83
- Chester S. Webber
4/27/83
Stonewall
004 -83
- Marvin 0. Hoffman
5/25/83
Stonewall
005 -83
- Michael Dwayne & Martha Hockman
5/25/83
Shawnee
006 -83
- Craig D. & Seri K. Kern
5/25/83
Gainesboro
008 -83
- R. D. Brown (sign)
8/24/83
Stonewall
009 -83
- Gary Ray Hunt
8/24/83
Back Creek
010 -83
- Talbert F. DeHaven
11/09/83
Gainesboro
002 -84
- Raymond R. Leckliter, Sr.
5/09/84
Back Creek
004 -84
- Wayne M. Brandt, III
7/11/84
Stonewall
006 -84
- Philip E. & Mary V. Wine
8/22/84
Gainesboro
007 -84
- Shenandoah Valley Oil Corp.
9/12/84
Gainesboro
008 -84
- Nerangis Ent. (sign)
10/03/84
Stonewall
2421
- 18
Annual Review and Renew
001 -85 - John W. H. & Gloria M. Collins
002 -85 - Charles W. & Adriennel Schnable
003 -85 - Zulfigar Ahmed
004 -85 - Glenn C. Whitacre
005 -85 - David E. & Nancy M. Ritter
006 -85 - Iva H. Petre
007 -85 - Timber Ridge Ministries
008 -85 - Charles E. Cochran
009 -85 - Hansford Houston DeWeese
012 -85 - Raymond W. Davis, Jr.
013 -85 - Roger Fitzwater
001 -86 - Cheryl L. Anderson
002 -86 - Kenneth Reed, Jr.
003 -86 - Richard S. Russell
004 -86 - Maynard F. Mowbray
005 -86 - Orville L. Comer
006 -86 - Rodney L. Cowley
007 -86 - Ronald J. DeHaven
008 -86 - Robert E. & Jeanine Spaid
009 -86 - Charles A. Mercer
011-86 - Beulah R. Lind
012 -86 - John 0. Hahn
013 -86 - Joseph C. Smith
002 -87 - Janet Bissell
2/13/85
Shawnee
3/13/85
Stonewall
3/27/85
Back Creek
5/08/85
Gainesboro
5/08/85
Shawnee
5/08/85
Opequon
6/11/85
Shawnee
7/10/85
Gainesboro
8/28/85
Stonewall
11/13/85
Opequon
11/13/85
Stonewall
1/22/86
Stonewall
3/19/86
Gainesboro
3/19/86
Opequon
6/04/86
Shawnee
6/04/86
Shawnee
7/02/86
Gainesboro
7/02/86
Gainesboro
7/02/86
Gainesboro
8/06/86
Shawnee
2/04/87
Gainesboro
2/04/87
Back Creek
2/04/81
Stonewall
2/04/87
Gainesboro
2422
- 19 -
D. Three Year Time Limit - Staff Review Only
010 -80 - Ralph & Veronica Machotka 10/08/80 Back Creek
025 -80 - Robert S. Hawkins 2/11/81 Back Creek
E. Five Year Time Limit - Staff Review Only
020 -80 - M. Lucy Luttrell & Ruth A. Whetzel 12/10/80 Opequon
024 -80 - Lawrence Johnson 2/11/81 Opequon
F. No Time Limit - Staff Review Only
022 -80 - Thomas & Barbara Conrad 12/10/80 Opequon
G. 120 -Day Time Limit
010 -86 - Charles & Faye Grady 10/22/86 Opequon
2423
=10M
FREDERICK COUNTY TRANSPORTATION COMMITTEE REPORT
Mr. Gyurisin presented the report of the Transportation Committee
which included a rural addition request in the Gainesboro Magisterial
District, a transportation safety request for the Town of Middletown, and
the Bufflick Road Improvements /Winchester Airport & Industrial Access
Request
Rural Addition Request in the Gainesboro Magisterial District
Upon motion made by Col. Myers and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the rural addition request (.16 miles west of Route 608
and .97 miles south of Route 522 North) in the Gainesboro Magisterial
District. (copy of resolution at end of minutes)
Mr. Gyurisin noted for the Commission's information that this
resolution would not be forwarded to the Board of Supervisors until the
actual deed is drawn up and appropriate deed references and easements cited
in the resolution.
Transportation Safety Request for the Town of Middletown
Mr. Gyurisin said that this is a request for selective enforcement
for the police officers for the Town of Middletown. Mr. Gyurisin said that
there is no cost to the County; however, the cost to the town is
approximately $12,000, the cost to DMV is $12,000, and the program will
last about one year. The Planning Commissioners felt this item was out of
the Commission's realm and Mr. Stiles moved to table it indefinitely. This
motion was seconded by Col. Myers and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously agree to indefinitely table the Transportation Safety Request
for the Town of Middletown requesting selective enforcement. (copy of
resolution at end of minutes)
Bufflick Road Improvements /Winchester Airport and Industrial Access
Mr. Gyurisin said that the following two resolutions and
recommendation are for airport, industrial, and secondary road access
funding to accomodate improved access to the airport and surrounding
industrially zoned property. Mr. Gyurisin said that the airport access
funds will be utilized for approximately half of the relocation of the
roadway; the industrial access funds will be used for the remaining half;
and the recommendation of placing the project on the six -year plan will pay
for some minor realignments and engineering work to Buff lick Road. He
added that Bufflick Road will be realigned at 522 and will be utilized to
serve primarily the residential area. He further added that the access to
2424
= %m
the airport and surrounding industrial zoned land will be south of the
existing Bufflick Road.
Col. Myers felt that detailed information on the actual improvements
proposed in this area were necessary before voting.
Resolution Supporting Airport Access Funds
Upon motion made by Mr. Golladay and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the resolution supporting airport access funds for the Bufflick
Road /Winchester Airport area. (copy of resolution at end of minutes)
The vote on this resolution was:
YES (TO APPROVE RESOLUTION): Mrs. Copenhaver and Messrs. McDonald, Stiles,
Brumback, Golladay, DeHaven, Wilson, Romine
NO: Col. Myers
Resolution Supporting Industrial Access Funds
Upon motion made by Mr. Golladay and seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the resolution supporting industrial access funds for the Bufflick
Road /Winchester Airport area. (copy of resolution at end of minutes)
The vote on this resolution was:
YES (TO APPROVE RESOLUTION): Mrs. Copenhaver and Messrs. McDonald, Stiles,
Brumback, Golladay, DeHaven, Wilson, Romine
NO: Col. Myers
Recommendation of Projects to be Placed on the Si Year Plan
Upon motion made by Mr. Romine and seconded by Mr. Golladay,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the recommendation of projects to be placed on the Six
Year Plan in the Bufflick Road /Winchester Airport area. (copy of resolution
at end of minutes).
2425
- 22 -
ADJOURNMENT
There being no other business to discuss, the meeting adjourned.
Respectfully submitted,
R.
Robert W. Watkins, Secretary
2426
- 23 -
RESOLUTION
by the
FREDERICK COUNTY TRANSPORTATION COMMITTEE
to the Frederick County Planning Commission and the Frederick County Board of
Supervisors for the Virginia Department of Highways & Transportation
BE IT RESOLVED, That the Virginia Department of Highways and Transportation is
hereby requested to add a section of an old, unnamed roadway located .97 miles
south of Route 522 North, for a distance of .16 miles west of Route 608, in the
Gainesboro Magisterial District, to the Secondary System of Frederick County
pursuant to Section 33.1 -72.1 of the Code of Virginia, 1950, as amended; and,
BE IT FURTHER RESOLVED, That the Transportation Committee recommends that the
Frederick County Board of Supervisors guarantee the Commonwealth of Virginia an
unrestricted right -of -way of 40 feet with necessary easements for cuts, fills, and
drainage.
A COPY TESTE:
Franklin D. Taylor�dh man
Frederick County/Transport ion Committee
ranklin H. Brumback, Chairman
Frederick County Planning Commission
Kenneth Y. Stiles, Chairman
Frederick County Board of Supervisors
2427
- 24 -
RESOLUTION
by the
FREDERICK COUNTY TRANSPORTATION COMMITTEE
to the Frederick County Planning Commission and the Frederick County Board of
Supervisors for the Virginia Department of Highways 6 Transportation
WHEREAS, the Town of Middletown is hereby requesting renewal of a selective
enforcement grant from the Virginia Department of Motor Vehicles, Highway Safety
402 Funds; and,
WHEREAS, it is the desire of the Town of Middletown to administer and support the
Department of Motor Vehicles Selection Enforcement Program;
BE IT RESOLVED, That the Frederick County Transportation Committee recommends
approval of the Town of Middletown's selective enforcement goals;
AND, BE IT FURTHER RESOLVED, That the Frederick County Transportation Committee
recommends support and approval of the Selective Enforcement Grant for the Town of
Middletown.
A COPY TESTE:
ranklin D. Taylor, C�i'a
rederick County Tr Committee
Franklin H. Brumback, Chairman
Frederick County Planning Commission
Kenneth Y. Stiles, Chairman
Frederick County Board of Supervisors
2428
- 25 -
AIRPORT ACCESS FUNDS
RESOLUTION
by the
FREDERICK COUNTY TRANSPORTATION COMMITTEE
to the Frederick County Planning Commission and the Frederick County Board of
Supervisors for the Virginia Department of Highways 6 Transportation
WHEREAS, the Transportation Committee for the County of Frederick, Virginia
wishes to improve access to the Winchester Regional Airport in accordance with
Section 33.1 -221 of the Code of Virginia for access roads to publicly owned
airports; and,
WHEREAS, said facility is located in the County of Frederick, Virginia; and,
WHEREAS, the southern access must be upgraded to improve regional location
access; facilitate traffic loop patterns around the regional facility; improve and
encourage compatible airport growth patterns; enhance use by industrial users
located in the southern portion of the Winchester- Frederick County region; remove
mixed residential and airport traffic; promote and facilitate airport access from
all areas within the region; and complete the plans for total facility access from
Route 50 and Route 522;
NOW, THEREFORE, BE IT RESOLVED, that the Transportation Committee does hereby
recommend to the Planning Commission and the Board of Supervisors of the County of
Frederick, Virginia that funding be requested from the Virginia Department of
Transportation for airport access provided that land, right -of -ways, easements,
etc., be acquired by the Airport Commission consistent with their fiscal plans.
BE IT FURTHER RESOLVED, That the Transportation Committee recommends that the
Frederick County Board of Supervisors guarantee the right -of -way for the proposed
improvement for airport access funds.
A COPY TESTE:
Kenneth Y. Stiles, Chairman
Frederick County Board of Supervisors
2429
P ffankli�. Brumbacl, Chairman
Frederick County Planning Commission
- 26 -
INDUSTRIAL ACCESS FUNDS
RESOLUTION
by the
FREDERICK COUNTY TRANSPORTATION COMMITTEE
to the Frederick County Planning Commission and the Frederick County Board of
Supervisors for the Virginia Department of Highways 5 Transportation
WHEREAS, the Transportation Committee for the County of Frederick, Virginia
wishes to improve access to the Winchester Regional Airport and surrounding
industrially zoned land; and,
WHEREAS, said facility is located in the County of Frederick, Virginia; and,
WHEREAS, the southern access must be upgraded to improve regional industrial
location access; facilitate traffic loop patterns around the regional facility;
improve and encourage compatible airport growth patterns; enhance access for
industrial users; remove mixed residential and airport traffic; and promote and
facilitate industrial access;
NOW, THEREFORE, BE IT RESOLVED, that the Transportation Committee does hereby
recommend to the Planning Commission and the Board of Supervisors of the County of
Frederick, Virginia that they support industrial access funding from the Virginia
Department of Transportation provided that land, right -of -ways, easements, etc. be
acquired by the Airport Commission consistent with their fiscal plans.
BE IT FURTHER RESOLVED, That the Transportation Committee recommends that the
Frederick County Board of Supervisors guarantee the right -of -way for the proposed
improvement for industrial access funds.
A COPY TESTE:
t
Franklin D. Tay rk_gyairman
Frederick Counpy Transportat4 n Committee
Pranklin H. Bra k, Chairman
Frederick County Planning Commission
Kenneth Y. Stiles, Chairman
Frederick County Board of Supervisors
2430
- 27 -
RECOMMENDATION
of the
FREDERICK COUNTY TRANSPORTATION COMMITTEE
to the Frederick County Planning Commission and the Frederick County Board of
Supervisors for the Virginia Department of Highways and Transportation
BUFFLICK ROAD /WINCHESTER AIRPORT
INDUSTRIAL ACCESS ROAD IMPROVEMENTS
The Frederick County Transportation Committee recommends support of placing the
Bufflick Road /Winchester Airport Industrial Access Road Improvement Project on the
1988 -89 Six -Year Secondary Road Improvement Major Project List. The project will
incorporate Industrial, Airport, and Secondary Road funds for the proposed new
access road connecting with Route 522 South and for proposed improvements to the
existing Bufflick Road. The Transportation Committee further recommends that the
existing connection of Bufflick Road and Route 522 South be realigned to improve
site distance; and that upon the construction of the new airport /industrial access
road, Bufflick Road be improved with a cul -de -sac or a limited residential access
lane to provide improved safety and residential traffic separation from airport
and industrial uses and that the replaced portion of the existing Bufflick Road
right -of -way be abandoned when necessary and made part of the Winchester Airport.
The Frederick County Transportation Committee recommends support of this project
with a combination of Airport and Industrial Access funds as well as considering
Secondary Road Improvement Funds during the 1988 -89 Road Improvement Planning
process.
A COPY TESTE:
Franklin D. Taylor, Chairman
Frederick County Transportation Committee
Franklin H. Brumback, Chairman
Frederick County Planning Commission
Kenneth Y. Stiles, Chairman
Frederick County Board of Supervisors
PZ1191l