PC_05-16-84_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' meeting room, 9 Court Square, Winchester,
Virginia, on May 16, 1984.
PRESENT: Frank Brumback, Chairman; James Golladay, Vice — Chairman;
Carl M. McDonald; George L. Romine; A. Lynn Myers; Manuel C.
DeHaven; Kenneth Y. Stiles; Marjorie H. Copenhaver;
John T. P. Horne, advisory; Stephen M. Gyurisin, advisory
ABSENT: W. French Kirk
CALL TO ORDER
Chairman Brumback called the meeting to order at 2:00 p.m.
The first order of business was the consideration of the minutes of
May 2, 1984. Upon motion made by Mr. Golladay and seconded by Mr. Myers, the
minutes were unanimously approved as presented.
MONTHLY AND BIMONTHLY REPORTS
Mr. Gyurisin stated that the variance applications for Howard C.
Miller and Kremer Oil Corporation were both approved by the Board of Zoning
Appeals on May 15, 1984.
RESCHEDULING OF JULY 4TH PLANNING COMMISSION MEETING
Mr. Stiles moved to reschedule the first meeting of July to the 3rd
instead of the 4th, if there are applications to be heard. Mr. Stiles moved
to authorize the cancellation of the meeting if no applications were pending.
This motion was seconded by Mr. Romine and passed unanimously.
CTTR PT.ANq
Site Plan X6003 -84 of Stephens Village Apartments for 46 multi— family garden
apartment units, required parking, and recreational facilites.
ACTION — Approved
Mr. Horne gave the background material. He stated that four buildings
will be constructed.
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Mr. James Brown from Harkins Associates came forward and stated that
his company was a partner of the developer.
Mr. Stiles asked for the size of the apartments. Mr. Horne stated
that there will be twelve one - bedroom units and 34 two- bedroom units.
Mr. Golladay moved for approval. This motion was seconded by Mr.
Stiles and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Site Plan #003 -84 of Stephens Village Apartments for 46 multi - family
garden apartment units, required parking, and recreational facilities to be
located south of Route 277 adjacent to Ridgefield Subdivision in the Opequon
Magisterial District.
Rezoning Request #003 -84 of Thomas and Barbara Conrad to rezone 10.312 acres
from A -2 (Agricultural, General) to B -2 (Business, General) for a nursing
home and home for the aged.
ACTION - Denied
Mr. Horne gave the background material. Mr. Horne stated that at the
last meeting the Commission discussed the possibility of some other method to
address expansion besides rezoning. He said that two options the Commission
discussed were (1) a conditional use permit with an open ended time period
and limited conditions and (2) changing the zoning ordinance by incorporating
an institutional and office district.
Mr. Ben Butler, attorney for Mr. and Mrs. Conrad, came forward. Mr.
Butler stated that the Conrads are currently operating a home for the elderly
and the reason for the expansion to a nursing home is to provide a higher
degree of care. Mr. Butler felt this rezoning conformed with the
Comprehensive Plan. He said the property is located between two major
highways, Route 81 and Route 11, and would not be suitable for anything other
than business development. Mr. Butler felt the change to the zoning
ordinance to include an institutional district would take too long. He said
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that the type of building proposed is a very low profile —type building as a
practical matter because it is difficult to move elderly from floor to
floor.
Mr. Butler presented letters from persons in favor of the rezoning
from Mr. Roger Sager, Mr. Glenn Combs, Mr. Fred Horner, Mr. Sam Ingle, and a
letter of need from Dr. Sam Whitacre. He also presented a letter from the
Ambulance Service of Winchester regarding their policy on sirens and lights
when approaching the Bon Air Home.
Mr. Butler added that the Conrads will correct the drainage whether
the zoning is approved or not.
Chairman Brumback called for anyone wishing to speak in opposition
and the following persons came forward:
Mrs. Janet Layman, adjoining property owner, came forward and stated
that she was not opposed to the nursing home, but was opposed to any
expansion or rezoning. She was also concerned about the increase in traffic
and the sewage situation.
Mr. Charles E. Bass, adjoining property owner, came forward. Mr.
Bass wanted restrictions to be placed on the property to guarantee that the
use would remain as a nursing home. He had no objections to the expansion.
Mr. Julian Marple stated that he and his wife were not opposed to
the nursing home, but they were opposed to the rezoning.
Mr. Earl Layman, adjoining property owner, came forward. He was
concerned that if this property was rezoned, it would set a precedent for
other properties in that area to be rezoned.
Mr. Earl W. Shiley, adjoining property owner, came forward. He was
not opposed to the nursing home, but was opposed to rezoning. He was
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concerned about other businesses that could move onto the property if the
nursing home closed.
Mr. Golladay then read the list of permitted uses in a B -2
(Business, General) zone.
The Commission felt that there was a need in the community for this
type of facility and that the needs of the Conrads for expansion could be met
under a conditional use permit rather than rezoning the property.
Mr. Golladay moved to deny the rezoning and this motion was seconded
by Mr. Stiles.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
deny Rezoning Application #003 -84 of Thomas and Barbara Conrad to rezone
10.312 acres from A -2 (Agricultural, General) to B -2 (Business, General) for
a nursing home and home for the aged in the Opequon Magisterial District.
The vote on the motion was as follows:
YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, DeHaven, Myers,
Brumback, Golladay
NO: Mr. Romine
PROPOSED AMENDMENTS TO B -2 AND B -3 SECTIONS OF THE ZONING ORDINANCE
Mr. Horne presented three proposed ordinance amendments :to the B -2
and B -3 Sections of the Zoning Ordinance.
After some discussion on each of the proposals, Mr. Stiles moved to
advertise the amendments. This motion was seconded by Mr. Romine and
unanimously approved.
UPCOMING MEETINGS
C
Mr. Horne noted that there will be a Rural Community Center meeting
on June 7, 1984 at 8:30 p.m. at the Stonewall Ruritan Building for the
communities of Clearbrook, Stephenson, and Brucetown.
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ADJOURNMENT
There being no further business to discuss, the meeting adjourned.
pectfully submitted
T. P. Horne, Secretary
, Vrank Bru ack, Chairman
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