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PC_10-07-87_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 October 7, 1987. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; George L. Romine; Kenneth Y. Stiles; A. Lynn Myers; Marjorie H. Copenhaver; and S. Blaine Wilson. Also present were: Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory; and Bray Cockerill, Advisory ABSENT: Manuel C. DeHaven, Carl M. McDonald 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 September 16, 1987. Upon motion made by Mr. Golladay and seconded by Mr. Wilson, the minutes of September 16, 1987 were unanimously approved. COMMITTEE REPORTS Economic Development Commission Mr. Romine, Economic Development Coordinator, reported that they are currently working with Winchester Woodworking, the newest industry to the area. Comprehensive Plan Subcommittee Mr. Golladay said that the Comprehensive Plan Subcommittee will meet on October 13, 1987 to discuss water and sewer service areas. Transportation Subcommittee Mr. Golladay said that the Transportation Subcommitee is scheduled to meet on October 26, 1987 to discuss next year's work program. BIMONTHLY REPORT The Commission and staff discussed pending applications. 2533 - 2 - Site Plan Requests for Administrative Approval Mr. Gyurisin said that he had received a request for a one -story airport hanger, located on the airport property, for Fulton Aviation. After brief discussion, the Planning Commission instructed the staff to proceed with administrative review and approval. Mr. Gyurisin presented a second request from Winchester Woodworking for an amendment to the existing site plan for Tire Distributors (formerly located at this site). Because Winchester Woodworking projected doubling the size of the building, the majority of commissioners requested that this be brought before the Planning Commission for review. SUBDIVISIONS Final Subdivision Plat of Lenoir City Company of Virginia, 4.1667 Acres, Zoned M -1, in the Stonewall Magisterial District. Action - Approved Thomas Gilpin, with Lenoir City Company of Virginia, was present to answer questions. 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 final subdivision plat of Lenoir City Company of Virginia, located in the Stonewall Industrial Park, on the west side of Tyson Drive, in the Stonewall Magisterial District for the division of one lot for industrial use. Final Subdivision Plat.of James M. Horton, 29.627 Acres, Zoned B -2, in the Back Creek Magisterial District. Action - Approved Mr. James M. Horton explained for the Commission that the flea market, barn, greenhouses, and other buildings were located on the 7.954 acre Parcel A and the 29.622 acre Parcel B was vacant. He said that the farm market was located on a separate 2.984 acre parcel. Mr. Wilson inquired about the water and sewer. Mr. Gyurisin said that water is available to this site, but sewer is not available. It was noted that an LPDS system had been applied for. Upon motion made by Mrs. Copenhaver and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby 2534 - 3 - unanimously approve the final subdivision plat of James M. Horton for the creation of two parcels, Parcel A consisting of 7.954 acres and Parcel B consisting of 29.622 acres. This property is located on the west side of Route 11 South, known as Horton's Nursery, in the Back Creek District. SITE PLANS Site Plan $046 -87 of T. G. Scully, 1+ acres, Zoned B-2, for restaurant use, in the Opequon Magisterial District. Action - Approved Mr. Charles Maddox, Engineer /Designer with G. W. Clifford & Associates, was present to represent the applicant. Mr. Maddox pointed out the exact location for the restaurant and utilities on the site plan. He added that the proposal was for a Western Sizzling Steak House. Upon motion made by Mr. Golladay and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #046 -87 of T. G. Scully for a 7,000 square foot restaurant with access and parking. This property is located on the east side of VA. Rt. 1012, 400 feet south of the intersection of VA. Rt. 1012 and VA. Rt. 277, in the Opequon Magisterial District. Mr. Stiles arrived at this point of the meeting. MASTER DEVELOPMENT PLANS Final Master Development Plan of Mill Race Estates, 37.136 Acres, Zoned RP, in the Shawnee Magisterial District. Action - Approved Mr. Bruce Edens, of Greenway Engineering & Surveying Company, said that regarding the open space across the road, he is working on plans for adjacent properties and would like to continue the open space up the valley and along Abrams Creek. Mr. Edens added that the lots range from 8,400 to 16,000 square feet. Mr. Edens also explained some of the road network they are designing to serve the area. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Master Development Plan of Mill Race Estates for 105 single - family traditional lots to be located on VA. Rt. 659, Valley Mill Road, east of Greenwood Road (VA. Rt. 656) in the Shawnee District. 2535 - 4 - Final Master Development Plan of Upper Valley Business Park, 265 Acres, Zoned M -1, in the Shawnee Magisterial District. Action - Approved Mr. Garth Adams was present to represent this master plan. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Master Development Plan of Upper Valley Business Park, located south of Bufflick Road, across from the airport, in the Shawnee Magisterial District. PUBLIC HEARINGS Rezoning Application #024 -87 of M. J. Mathison and Bethel L. Mathison to rezone .51+ acres from A -2 (Agricultural General) to B -3 (Industrial Transition. Action - Denied Mr. Robert T. Mitchell, attorney representing Mr. and Mrs. Mathison, felt that his clients probably did not need a broad business use to take care of their needs and asked the Commission to table the request for 30 days in order to allow him time to work with Mr. Mathison to determine if there was an alternative method of addressing his particular problem. Chairman Brumback called for anyone wishing to speak on this application and the following persons came forward to speak in opposition: Mrs. Richard Nickolson, adjoining property owner, complained of trucks going in and out of the site in the early morning hours, noise, and the appearance of a junk yard. She said that she has observed John Deere lawnmowers, Plaza sweepers, and a painting operation. Mrs. Nickolson said that she was opposed when Mr. Mathison applied for a cottage occupation and she was opposed to this most recent request. She was unhappy with the fact that this problem was continually being dragged on and that no one had stopped Mr. Mathison from operating. Mrs. Jacob Moreland, adjoining property owner, presented pictures of the site and said that the property has the appearance of a junk yard. She said that Mr. Mathison has not cleaned up the property since the last time he came before the Planning Commission. Mrs. Moreland said that Mr. Bowman's property adjoins her property on one side and Mr. Mathison's property adjoins her on the other side. Mrs. Ralph Beaver, adjoining property owner, said that it has been peaceful for one week because Mr. Mathison has moved everything away, but 2536 - 5 - she felt everything would return after the public hearing. Mrs. Beaver said that she has observed stacks of tires, a painting operation, and trucks coming in and out in the early morning hours. She said that the operation is being conducted seven days per week. Mrs. Beaver added that the sight distance was very poor at Mr. Mathison's entrance. Mr. Watkins explained to the Commission why the staff felt this operation should be considered a business use of the property. Mr. Wilson said that it was his understanding that when Mr. Mathison applied for a building permit for the garage, it was to be used strictly for residential use. The staff said that Mr. Wilson's understanding was correct. Mr. Wilson moved that the rezoning be denied and he also urged the staff to take whatever steps possible to clean -up the area. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously deny Rezoning Application #024 -87 of M. J. Mathison and Bethel L. Mathison to rezone .51+ acres from A -2 (Agricultural General) to B -3 (Industrial Transition) for maintenance of personal equipment. This property is located on Route 645 (Bufflick Road) in the Shawnee District. Rezoning Application #030 -87 of B. K. Haynes Corporation to rezone 392.597 acres from R -5 (Residential Recreational) to A -1 (Agricultural Limited) for subdivision of land in the Back Creek Magisterial District. Action - Tabled Mr. Watkins said that the staff felt there were problems with developing mountainside land with small lots under R -5 zoning and they felt the A -1 Zoning would be more appropriate. Mr. Golladay inquired if Health Department approval was necessary. Mr. Watkins said that the staff discussed this matter with the Health Department and it was determined that Health Department approval was not necessary to rezone to agricultural use. However, if the applicant wants to redivide the property into residential lots, they will certainly need Health Department approval on the lots. Mr. Kermit Racey, Jr., representing the B. K. Haynes Corporation, said that the nature and topography of the land was not conducive to the intensive of development which R -5 would allow. Mr. Racey said that at this time, B. K. Haynes Corporation intends to seek a resubdivision, but for very large tracts, upwards of 100 acres each. He said that the lots would be marketed for recreational purposes (hunting clubs, camping, etc.) only and not residential use. Mr. Racey said that the property is rough, wooded mountain land and the applicant would like to keep it this way. Mr. Stiles asked if there were any roads through this tract of land 2537 - 6 - and Mr. Racey said that there were none. Mr. Craig Richard, resident in the area, was unsure about the exact location of the property proposed to be rezoned and asked for clarification on the location. Mr. Robert Hartman, resident of Shawneeland, introduced himself and Mr. William Still, President of the Shawneeland Property Owners Association. Mr. Hartman said that both he and Mr. Still were on the Board of Directors of the Shawneeland Sanitary District Advisory Committee. Mr. Hartman said that they are very concerned about the proposal because it directly affects Shawneeland and they had not been informed of the exact location or what the proposed use would be. He said that they were also concerned because they were unable to get in touch with Mr. Haynes to have their questions answered. Mr. William Still, President of the Shawneeland Property Owners Association, believed that this proposal was located adjacent to the Duck Run portion of Shawneeland which was not, as yet, within the Sanitary District. Mr. Still had the same concerns as Mr. Hartman and was also concerned in general with the problems of access on the mountain top. He said that if the land does eventually connect with Shawneeland, he would be concerned about access and control of access. Mr. Still said that Shawneeland has had tremendous problems with vandalism and hunters. Mr. Still said that although he is not either against or in favor of this request, he is very concerned with any planning done in conjunction with this area. Mr. Stiles said that due to the confusion and lack of information regarding this proposal, he felt that the Commission should personally meet with Mr. Haynes to discuss what is intended and to get larger and more detailed maps. Upon motion made by Mr. Stiles and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Request #030 -87 of B. K. Haynes Corporation for the subdivision of land located on Great North Mountain, above Shawneeland on Route 608, north of the intersection with Route 55, in the Back Creek Magisterial District. This request is being tabled until the Planning Commission can meet with the applicant for informational purposes and to acquire detailed locational maps. Rezoning Request #031 -87 of Raymond E. Brill to rezone 17.191 acres from A -2 (Agricultural General) to EM (Extractive Manufacturing) for a sand mine operation in the Back Creek Magisterial District. Action - Approved Mr. Watkins said the staff's major concern on this request was the possibility of similar requests on the same or surrounding properties. He said that additional rezonings would increase the possibility of any adverse impacts. Mr. Watkins noted that two letters were received 2538 - 7 - regarding this rezoning. Mr. Golladay moved that both letters be made a part of the minutes. This motion was seconded by Mr. Stiles and passed unanimously, as follows: Dr. William G. MacDonald 710 North Main Street Woodstock, Virginia 22664 (703) 459 -4727 9 -29 -87 RE: Raymond Brill, Age 56 To Whom It May Concern: Mr. Brill, a patient of mine for 10 years, has always been a hard worker in farming his land in Star Tannery. During this time frame, he has had many farm related injuries to his back that has left him unable to perform all tasks that still need to be performed in farming his land. He relates to me that sand mining wouldn't be nearly as arduous on his back. I respectfully ask that you favorably consider his rezoning application. Sincerely, /s /Dr. W. G. MacDonald Dr. W.G. MacDonald 2539 - 8 - Box 50, R17)1 Star Tannery, Va. 22554 October t, 1987 TO: Frederick County Board of Supervisors and Frederick County Planning Commission Re: Application by Raymond Brill, Star Tannery, Va. for rezoning permit on 17.131 acres of his land from A -2 District to Z -1 -1 District This letter is about the above application. I am speaking on behalf of the Star Tannery Citizens for Action and :•rs still feel the same way we did in 1978, 1980 and 1981 about this application - we do -ot ;;ant a sand mine (or strip mine cr surface mine) in cur area. You may not have been on the Planning Commission or the Board of Sunervvisors in 1981 at which time two applications to mine sand on the Brill property were submitted by Albert Nicholson and Larry Cook, a minister from , Previous applications from Larry Cook were denied by the Board. Nicholson had initially asked to have 188 acres of the Brill farm rezoned, but cut it back to 14 acres, probably in light of all the opposition he was getting from Star Tannery residents and other county residents who are not in favor of such drastic rezoning of an agricultural area as they are afraid some such operation as M -1 might possibly be brought into their area. Spot zoning of this proposed site of 17.191 acres would be in violation of the Comprehensive plan and the zoning ordinance, I believe. The General Assembly declared that provisions pertaining to planning are ... intended to encourage local governments to improve public health, safety, convenience and welfare of its citizens ... that agricultural and forestal land be preserved.... The Comprehensive Plan and the County zoning ordinance repeat the goal is to preserve the ecology and scenic beauty of Frederick County; that development of floodplains and mountain slopes be restricted; and that soil erosion and pollution of all '.rinds should be taken into consideration. The County Policy guide of Dec. 12, 1982 states that "The land use section of the Plan recognizes the importance of environmental factors when considering land use, and that environmental factors dealing with soils, slopes, geology and ground cover are available from known sources. This policy guide also says that until studies for each rural community center are completed, land use be very carefully considered so as not to preclude any future options. "Protection of the environment is one of many factors which needs to be considered in land use decisions. It is the intent ... as much as possible, that the environment of Frederick County is net unnecessarily damaged from land development. actisvities." 2540 - 9 - The statement of intent for the Master Development plan says the purpose of this plan is to promote orderly and planned subdivision and development of property within Frederick County to ^Stare that such develop,;.ent Occurs i n 3 manner that is harmonious with adjoining property and is in the best interest off the general public. The F114-1 district statement of_ intent says nothing about any impact on the environment, ecology or surrounding properties, streams etc. iith all the varied permitted uses under this district like stone crushing etc. it seems as though an impact statement should be made after inspection and analyses by qualified professional individuals in the fields of geology, hydrology, soil conservation, etc. Nothing is said about the noise factor, or air, soil and water pollution. it does seem that such things should be considered before an application to rezone from A -1 to Z-1-1 is even discussed. realize that Federal and State agencies require certain permits to be obtained by the applicant etc. T wish to refer your attention to the petition signed by Star Tannery residents requesting the Planning Commission and the Board of Supervisors deny the application to rezone acreage on the Raymond Brill farm w -,_ch was made a past of the Board's minutes in 1980. S hold the same opinion and concern regarding irreversible damage to the area's environment and to the ecology. Following are some of our reasons for opposing this rezoning in 1981 which are still applicable regarding the present application by Mr. Brill. 1. Noise, air, water and soil pollution; inadequate highway facilities for industrial use; danger to residents from sand trucks on Route 600 and possible structural damage to Gravel Springs Lutheran Church from heavy truck traffic passing directly by the church coming from Rte. 603 to the intersection at that point of Rte. 600. The trucks wi11 have to stop here also before turning left and continuing on Rte. 600 to Rte. 55. Also, as Rte. 603 is a narrow gravel road the highway department would possibly be compelled to widen this road and perhaps surface it. Also there would be added expense for maintenance of Rtes 603 and 600. 2. Each household has its own well or spring for household use which may be damaged or destroyed by the mining operation, because of blasting (using dynamite) or because of other heavy machinery used for processing the sand. 3. Gravel Springs Run, with headwaters on Great North Mountain, flows through the Brill property and according to the present map with Mr. Brill's application is adjacent to the border of this 17.191 acres. Drainage and runoff problems seem inescapable. This Run is used db.Tstream for cattle and by.the Star Tannery Fire Deut. The Fire Dept. stated they have no objection to this rezoning if all State and erosion controls are taken into consideration and all measures of State :dining Bureau should also be considered. 2541 - 10 - 4. Gravel Springs Run empties into Cedar Creek about 1 or 1 1 2 miles from the proposed mining site. Cedar Creek is a navigable stream used for I ishing, swimming, canoeing etc. and is subject to State and local regulat ions relative to the Quality of Water. Also, sn1980, the Frederick County Stream Standards.Co^mittee reported that this stream is one of the few that are still unpolluted and not only Star Tannery residents, but many others :.could like it to stay that way. 5. Sand mining or strip mining denudes the land. The sand mine at Care, Va. is an exarmle of how the earth has been ravaged, leaving ugly, raw land, gouged out into deep pits, stagnant pools of water here and there, breeding mosquitoes — not a pleasant sight and definitely not healthy to surrounding areas. Tf i•r. Brill's application is approved it drill constitute spot zoning which is discrimination. To quote from "Zoning and Subdivision Law in Virginia" -- "spot zoning is a particular breed of discriminatory zoning. And this is "solely to serve the private interests of one or more landowners . "instead of furthering" .. "the welfare of the entire county or city as a part of an overall plan." "Spot zoning discriminates in favor of a single landowner or limited group of landowners in a way that does not rationally relate to the locality's overall zoning (and presumably also to the Comprehensive plan). ". . a rezoning to commercial use in an otherwise rural, agricultural area zoned only for agricultural would constitute spot zoning...." The conclusion is " . Whether or not a rezoning to a more valuable use is spot zoning depends on whether that upzoning is reasonably related to the present zoning pattern and to the comprehensive plan or whether, not being so related, such resoning unduly favors a particular property or limited group of properties. Therefore, it seems that if Mr. Brill's application is approved it wi11 mean that his property will be "spot zoned" and according to the law this is discriminatory zoning and would be solely to serve the private ingerests of one landc:•ner instead of furthering the welfare of the residents of the area or of the county. Also, it is possible that there could be other applications for spot zoning in this same area to rezone from A -2 to Z14 -1 or M -1 and'if, this happened the county land use plan could be in jeopardy. According to the laws which assure equal protection to all citizens, this right is guaranteed by both the United States constitution and the Virginia constitution and can be paraphrased "Thou shalt not discriminate." Discrimination, in the eyes of the law, is treating similarly situated classes of persons or things in a dissimilar manner. Tn the case of a land use decision, the court will look at that decision in terms of how the governing has treated other comparable properties. Also, when the court senses that the fairness of the land use decision is a genuine issue, it is willing to be particularly thorough in its search for comparable properties. And in the case in question, there are no' other land use decisions that are comparable to rezoning from A -1 to E11 -1 2542 - 11 - Spot zoning depends on whether or not the upzoning in question bears a reasonable relationship to the pattern of existing zoning in the neighborhood and to the guidelines of the county's comprehensive plan. If it does, it is a valid zoning decision; if it does rot, then spot zoning is the result. (Note: the above copied from "Zoning and Subdivision La.; in Virginia.") The majority of individuals should not be made to suffer for the sake of one person's wishes. Most residents have other means of support such as cattle, sheep, firewood etc. I thank you in advance for your consideration of all previous information relative to not only the present application but also all the oihers in the past about this matter. Thank you for your kind attention tc .this matter and to Star Tannery Citizens for Action group's opposition to this rezoning. Very truly ; purs, Cyreal G. 'Wilson Star Tannery Citizens for Action 2543 - 12 - The Commission and staff discussed the procedure used for shale pits in the County. They also discussed what was involved in sand mining operations and reclamation permits. Mr. Richard M. Rapp, with the Division of Mineral Mining, was present to answer questions from the Commission on mining. Mr. Rapp also generally reviewed with the Commission what was required for reclamation. Mr. Raymond Brill, owner of the property, said that he was planning a small operation with no work on Sundays. Mr. Brill said that he wanted to operate the sand mine because he can not continue farming his land due to his bad back and poor health. Mr. Brill said that this land has been in his family for six generations and he would like it to remain with his family, but needs to have an income for mortgage payments. Chairman Brumback called for anyone in the audience wishing to speak regarding this application and the following persons spoke in favor of the rezoning: Mr. John Everly, property owner in the area, said that Mr. Brill is a hard working gentleman who has an opportunity, with the resources on his property, to make life a little better for himself. Mr. Everly felt that Mr. Brill should have the right to operate the mine on his property. Mr. Samuel Cravats, property owner in the area, said that he would be in favor of the County finding a way to help Mr. Brill help himself with the natural resources that are located on Mr. Brill's own property. Mr. Cravats said that when Mr. Brill ran his mining equipment a few years ago, before he was told he could not run the mining operation, he did not hear much noise and it did not bother him. Mr. Cravats felt the sand from Mr. Brill's mine would be good to mix with the soil for agricultural use. Mr. Gary Holterman, representing the rod and gun club, said that Mr. Brill's sand was used to construct their club house. Mr. Holderman was also in favor of Mr. Brill operating the sand mine. Mr. Michael Shockley was also in favor of Mr. Brill operating his sand mine. Mr. Shockley felt that Mr. Brill did not intend to have a massive operation, but one just large enough to make a living. Chairman Brumback next called for anyone wishing to speak in opposition and Mrs. Cyreal G. Wilson, resident of Star Tannery, came forward. Mrs. Wilson said that she represented the Star Tannery Citizens for Action and this group spoke to about 30 residents in the area and all have stated that they oppose this type of zoning. Mrs. Wilson said she was not opposed to Mr. Brill having a small operation, but was opposed to a large operation and other uses that could take place under EM Zoning if the property was sold. Mrs. Wilson was also concerned about environmental impacts, noise, fumes, and the impact of heavy equipment on roads and historical buildings. She was also concerned about the possible pollution of Cedar Creek. Dr. David Gregg came forward to represent his mother, Mary Ellen 2544 - 13 - Farrell, owner of Gravel Springs Farm. Mr. Gregg was concerned about how long into the future this mining operation would continue and how large an operation it would become. He was concerned about noise and reclamation and he also felt that controls regulating size, noise, and pollution should be placed on the operation. Mr. Gregg was also concerned that this might set a precedent for other EM rezonings in the area for sand or shale. The spot zoning policy was discussed, but the commissioners felt that you had to go where the product was located to extract it or harvest it, whether it was sand, shale, orchards, etc. It was discussed whether this operation could be handled as a permitted use in an agricultural zone with a conditional use permit, but it was decided that this would not be the best route, as every shale pit in the County would have to be regulated in this way. Regarding the neighbors' concerns, the commissioners felt that these problems would be regulated by the Bureau of Mines. Upon motion made by Mr. Romine and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application #031 -87 of Raymond E. Brill to rezone 17.191 acres from A -2 (Agricultural General) to EM (Extractive Manufacturing) for a sand mine operation. This property is located on Route 603, in Star Tannery, west of Route 55 and north of Route 600, in the Back Creek Magisterial District. Rezoning Application #033 -87 of George W. Glaize, Jr. to rezone 32.042 acres from M -1 (Industrial Limited) to B -2 (Business General) for business uses in the Shawnee Magisterial District. Action - Approved Mr. Benjamin Butler, attorney representing Mr. Glaize, said that there is a desire for office buildings in proximity to typical industrial parks. Mr. Butler explained the general layout and traffic flow patterns for the Commission. He said that there will not be entrances onto either Victory Lane or Route 50. He said that the B -2 will consist of small shops, offices, banks, and small businesses. Mr. Golladay asked if there would be more retailing than office space, due to the fact that offices were allowed in the M -1 Zoning District. Mr. Butler replied that a mixture of retailing and offices were planned and he added that he felt the two were not incompatible. Some of the commissioners were concerned that the applicant could not state exactly what was intended for the B -2 area. They noted that Mr. Glaize had just recently had the property zoned to M -1 for industrial uses only. The commissioners were concerned that the property could be sold and any number of operations that were not compatible with this area could be established. They felt the impacts between the M -1 and B -2 needed to be studied. 2545 - 14 - Other commissioners felt that the developers realized the value of the property around the airport and would not develop half - heartedly just to get a quick return. These commissioners felt that business uses could be compatible with industrial uses. No one was present to speak in opposition to the rezoning. Motion was made by Mr. Wilson to deny the rezoning. This motion was seconded by Mr. Golladay, but lost by the following vote: YES (TO DENY REZONING): Messrs. Wilson, Golladay, Brumback NO: Mrs. Copenhaver and Messrs. Romine, Myers, Stiles A motion to approve the rezoning was then made by Mr. Stiles. This motion was seconded by Mr. Romine and the rezoning was approved by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Application #033 -87 of George W. Glaize, Jr. to rezone 32.042 acres from M -1 (Industrial Limited) to B -2 (Business General) for business uses. This property is located at the corner of State Route 50 East and State Route 728, on Victory Lane, two miles east of Winchester, in the Shawnee Magisterial District. The vote on this rezoning approval was: YES(TO APPROVE REZONING): Mrs. Copenhaver and Messrs. Stiles, Myers, Romine NO: Messrs. Brumback, Golladay, Wilson Rezoning Application #032 -87 of Douglas C. Yost and Sue C. Yost to rezone 7.783 acres from A -1 (Agricultural Limited) to B -2 (Business General) for retail sales of groceries, fruits, and canned goods, or a restaurant in the Gainesboro Magisterial District. Action - Approved Mr. Watkins noted that there was an active conditional use permit for a restaurant on this site. Mr. Douglas C. Yost and Mrs. Sue C. Yost came forward to answer questions. Mrs. Yost said that circumstances have changed and they felt that a conditional use permit was not adequate for their needs. Mrs. Yost referred the Planning Commission to the September 9, 1987 meeting minutes of the Board of Supervisors. Chairman Brumback called for anyone wishing to speak in favor of the rezoning. Mr. Roger Crosen came forward and stated that the Yosts went through the procedure of getting a conditional use permit approved in good faith, because they knew the neighbors were concerned about what uses a 2546 - 15 - rezoning would allow. Mr. Crosen said that in the meantime, approximately nine acres of land was rezoned for George Whitacre for a similar use. Mr. Crosen felt that a precedent had been set and that he would support this rezoning. Col. Myers said that he spoke with the Yost's neighbors and all had good things to say about the Yosts and none were opposed to the rezoning. Upon motion made by Col. Myers and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application X6032 -87 of Douglas C. Yost and Sue C. Yost to rezone 7.783 acres from A -1 (Agricultural Limited) to B -2 (Business General) for the retail sales of groceries, fruits, and canned goods or a restaurant. This property is located at the southwest corner of the intersection of US Route 522 North and VA State 694, approximately 18 miles north of Winchester, at Reynolds Store, in the Gainesboro District. Conditional Use Permit #016 -87 of Harry A. Downard for farm supply sales in the Opequon Magisterial District. Action - Approved Mr. Harry A. Downard said that he presently resides in Warren County and has a horse and trailer sales there. Mr. Downard said that he is selling the farm in Warren County and would like to transfer the horse and trailer sales to Frederick County. Mr. Golladay asked Mr. Downard how many trailers per year he sold. Mr. Downard said that he sells approximately 12 -15 trailers per year. Col. Myers asked Mr. Downard how many trailers he stored and Mr. Downard replied that he stores approximately 6 -10 trailers. There being no one present to speak in opposition, motion was made by Mr. Golladay and seconded by Mr. Romine to approve the conditional use permit with the conditions recommended by the staff. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #016 -87 of Harry A. Downard to construct a 25' X 40' building for a sales office for new horse and livestock trailers, to be located on Route 842, in the Opequon Magisterial District, with the following conditions: 1. This is a one -year permit to be reviewed and renewed annually by the staff, the 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. 2547 - 16 - Conditional Use Permit #017 -87 of Douglas L. Owens for a country general store, gas pumps, and a two -story private residence in the Gainesboro Magisterial District. Action - Approved Mr. Watkins read a petition opposing the conditional use permit. Upon motion made by Mr. Golladay, seconded by Mr. Stiles, and passed unanimously, the petition was made a part of the official record, as follows: TO: Frederick County Planning Commission FROM: Application of Douglas Owens for Conditional Use Permit We, the undersigned, oppose the conditional use permit for a country general store to be located on Route 50 -West, directly across from Route 615 in the Gainesboro Magisterial District: /s /William J. Shevokas /s /Barbara G. Shevokas /s /Donald L. Kerns /s /R. W. LaFollette /s /Jim Lewis /s /Charlotte Lewis /s /Robert E. Swartz /s /Norma H. Swartz /s /Joy D. LaFollette Mr. Lowell Cutshaw, with Dove and Associates, said that he prepared the site plan for Mr. Owens' store and residence. Mr. Cutshaw said that the property is located approximately six miles west of the City of Winchester, on the north side of the west bound lane of Route 50 West. He said that there will be a two -story residence and a 3,600 square foot, one -story country general store with gas pumps. Mr. Cutshaw said that existing natural screening is located in the rear. He noted that the Department of Transportation requested a 400 foot de- acceleration lane, which was provided. He said that the Department of Transportation also asked them to shorten, from 200 feet to 30 feet, the acceleration lane because of the excellent site distance available. Mr. Cutshaw added that there were no residences within sight of where the store was proposed. Mr. Douglas Owens, owner of the land, said that he owned the property directly to the east and an 80 foot right - of-way was located on the west side. Mr. Owens said that he owns and manages a store in Hayfield. Upon motion made by Col. Myers and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #017 -87 of Douglas L. Owens for 2548 - 17 - a country general store with motor fuel pumping facilities and a private sewage treatment plant to be located on Route 50 West, directly across from Route 615, 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, the 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. Prior to construction, an approved site plan is required. REQUEST FROM FREDERICK COUNTY SCHOOLS Mr. Watkins presented a letter from Dr. Kenneth Walker, Superintendent of the Frederick County Schools, requesting that the Board of Supervisors require the Planning Commission to obtain an impact statement from the School Board prior to approving master plans for subdivisions or rezoning of land for subdivisions. Mr. Watkins said that Mr. Walker is also requesting that since large subdivisions significantly impact the need for schools, that the school board be deeded enough usable land on which to construct a school, as a condition of approval. Mr. Watkins said that the staff has recently given and will continue to give the School Board information regarding developments. Mr. Watkins added that John Riley, County Administrator, has mailed a written response to Dr. Walker's letter. After discussion on this matter, the Commission recommended that the staff continue to work closely with the school board. However, they felt that subdivisions or rezonings could not legally be denied based on impact statements from the school board. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 11:00 P.M. Respectfully submitted, Frank H. Brck, Chairman Robert W. Watkins, Secretary 2549