PC_06-03-81_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, June 3,
1981.
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman;
A. L. Myers; James Golladay; Manuel DeHaven; W. French Kirk;
Kenneth Stiles *; Herbert Sluder.
ABSENT: George Romine; Domenic Palumbo.
* Mr. Stiles was not present to discuss previous minutes,
Bimonthly Report, or Blue Ridge Mobile Home Park Site Plan.
CALL TO ORDER
The Chairman called the meeting to order. The first order of
business, consideration of the minutes of May 20, 1981.
Mr. Riley noted the following corrections:
Page 4, The resolution for approval of the site plan should
read, "... does hereby approve Site Plan Request No. 003- 81... ".
Page 6, The resolution for approval of the site plan should
read, "... does hereby approve Site Plan Request No. 005- 81... ".
Page 10, second paragraph, should read, " Mr. Samuel Lehman,
Vice President of the Frederick County Taxpayers Association... ".
Mr. Golladay noted the following corrections:
Page 15, second paragraph, should read, "Mr. Samuel Lehman,
representing the Frederick County Taxpayers Association... ".
Page 17, first paragraph, should be Mr. Golladay instead of
Chairman Golladay.
There being no further corrections, Mr. Kirk motioned to
approve the minutes of May 20, 1981, as corrected. This was seconded
by Mr. Golladay and passed unanimously.
BIMONTHLY REPORT
Mr. Riley noted that under Rezonings Pending, Mr. Donald
Packard has withdrawn the request of Fredericktowne Company.
In answer to Mr. Golladay's inquiry, Mr. Riley stated that
the Rosella Shade permit was actually a re- application of the old
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conditional use permit of Adam Myers Home for Adults on Broad Avenue in
Burning Knolls.
Chairman Gordon next announced that in regard to the J.P.
Darlington rezoning request, financing has not been approved for the
Baker Lane Extension location. Chairman Gordon noted that as a result,
the home for the elderly is not to be built at this time.
Chairman Gordon next received the Bimonthly Report as
information only.
SITE PLANS
Site Plan Request No. 012 -77 (Revision) of Blue Ridge Mobile Home Park,
Section Six, zoned MH -1, Mobile Home Community, in the Shawnee
Magisterial District.
ACTION - Approved
The Secretary gave the background information.
Mr. Riley further noted that the lots being requested are 62,
63, 59, 60, 61, 64, 65, and 66. Mr. Riley added that each two units
are served by septic tank and drainfield area, which is basically the
same setup as Section Five.
In answering questions on room for expansion, Mr. Riley
stated that Blue Ridge is looking at possibly two more sections with
about the same number of units (between six and eight) in each
section.
Mr. Herbert Sluder came forward and stated that the
drainfield is presently in and the soil is satisfactory.
Mrs. Gillespie came forward and introduced herself to the
Commission.
In answer to Mr. Myers inquiry, Mr. Riley stated that the
roads met all the requirements for a private road network including
adequate base, compaction, final surface, and minimum right -of -way.
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There being no one present wishing to speak in favor or
opposition to this request, Mr. DeHaven made a motion to approve this
site plan request. This was seconded by Mr. Brumback and passed
unanimously.
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby approve Site Plan Request No. 012 -77 of Blue
Ridge Mobile Home Park.
Subdivision Request of Rosenberger Lots, consisting of 2.45 acres,
zoned B -2 (Commercial) in the Shawnee Magisterial District.
ACTION - Approval
The Secretary read the background information.
Mr. Riley explained that the petitioner has gone to the City
of Winchester Utilities Committee and has had a deed written with a
covenant explaining the conditions of the seperation of the lot and who
would maintain the sewer line.
In answer to Mr. Golladay's inquiry regarding the lot lines
on the plat, Mr. Riley stated that Mr. Lee Ebert puts as much history
on plats as possible and lots one, two, and three were the old lot
lines when the area was first platted off. Mr. Riley added that the
action that needs to be taken by the Board of Supervisors is to first
vacate the first plat and then approve the new one.
Mr. Warren G. Teates came forward and introduced himself to
the Commission. Mr. Teates stated that he believes these lot lines
still exist because the real estate taxes are billed to lots one, two,
and three each year. Mr. Teates added that he wants to divide the
property so that the two structures will be on seperate lots.
Mr. Myers expressed concern that the office building would be
very close to the proposed lot line.
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Mr. Riley stated that there is no side yard requirement when
the lot abutts an adjacent commercial tract.
In regard to Chairman Gordon's question on the water and
sewer situation, Mr. Teates replied that the drainage goes to the rear
across the residential lots and a pump was used to raise the sewage
from the office and restaurant building.
There being no one present wishing to speak in favor or
opposition to this request, Mr. Kirk made a motion for approval.
This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby recommend approval of the Rosenberger Lots
Subdivision Request, subject to the vacation of previous lot lines,
lots 1, 2, and 3 (Rosenberger Lots) to the Board of Supervisors.
DISCUSSION OF WINCHESTER T.V. CABLE SITE PLAN REQUEST
The Planning Commission next informally discussed the
Winchester T.V. Cable Site Plan Request.
It was agreed to by the entire Planning Commission that this
request be presented through the regular channels as any other site
plan request for administrative approval.
PUBLIC HEARINGS
Conditional Use Permit Request No. 008 -81 of Wesley L. Spangler for an
Antique Shop in the Shawnee Magisterial District.
ACTION - Approval with conditions
The Secretary read the background information.
Mr. Sluder stated that at this time, the adequacy of the
sewage disposal system has not been determined. Mr. Sluder noted that
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the present system may be adequate but if it is not, it should be
inexpensive to work out another disposal system.
Mr. Sluder further added that there was a restaurant on this
parcel at one time and therefore, he does not question the ability of
the land to support some type of sewage disposal system.
Mr. Spangler came forward and introduced himself to the '
Commission. Mr. Spangler stated that he did not intend to have public
restrooms. Mr. Spangler noted that his house was approximately 1/8 of
a mile from the proposed shop and he and his wife could just walk to
their house if necessary.
In answer to Chairman Gordon's question, Mr. Spangler stated
that the building was twenty -eight by forty.
In reply to Mr. Sluder's inquiry, Mr. Spangler noted that he
will only be utilizing the bottom portion of the building because
access to the upper section is difficult.
In reply to Chairman Gordon's question, Mr. Spangler stated
that he is located on old Route 50.
Chairman Gordon next asked Mr. Spangler if he understood all
of the conditions of this permit, particularly No. 3 which states that
the number of employees shall be regulated by the Health Department and
the sewage disposal system shall be improved or installed to Health
Department specifications.
Mr. Spangler replied that he understood these conditions and
would comply.
There being no one present to speak in favor or opposition to
this request, Mr. Myers motioned to approve this conditional use permit
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with conditions. This was seconded by Mr. Stiles and passed
unanimously.
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby recommend approval of Conditional Use Permit
Request No. 008 -81 of Wesley L. Spangler to the Board of Supervisors
with the following conditions:
1. 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 building
changes, this conditional use permit shall expire and a
new conditional use permit shall be required.
3. Number of employees shall be regulated by the Health
Department. Existing sewage disposal system shall be
improved or a new system shall be installed to Health
Department specifications.
4. The requirements of the Virginia Department of Highways
and Transportation shall be met.
5. Off - street parking shall be required.
6. Daylight hours of operation.
Conditional Use Permit No. 009 -81 of Margaret Brown for a Home
Occupation /Beauty Shop, zoned R -3, in the Back Creek Magisterial
District.
ACTION, Approval
The Secretary gave the background information.
Ms. Brown came forward and introduced herself to the
Commission and stated that her hours of operation would be Monday
through Wednesday 9:00 a.m. to 5:00 p.m., Thurs. and Friday 9:00 a.m.
to 8:00 p.m.; Saturday, 9:00 a.m. to 12:00 noon.
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In answer to Chairman Gordon's question, Ms. Brown stated
that there is sufficient off - street parking.
There being no one present wishing to speak in favor or
opposition to this request, Mr. Brumback moved to approve this
conditional use permit with conditions.
This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby recommend approval of Conditional Use Permit No.
009 -81 of Margaret Brown for a Home Occupation /Beauty Shop to the Board
of Supervisors with the following conditions:
1. This be 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 building
changes, this conditional use permit shall expire and a
new conditional use permit will be required.
3. No one except members of the immediate family residing on
the premises may be employed.
4. Off- street parking shall be provided.
5. Hours of operation will be Monday through Wednesday, 9:00
a.m. to 5:00 p.m.; Thursday and Friday, 9 :00 a.m. to 8:00
p.m.; Saturday, 9:00 a.m. to 12:00 noon.
There being no further business to discuss, Mr. Golladay
moved to adjourn. This was seconded by Mr. Myers and passed
unanimously.
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WE
Respectfully Submitted,
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