PC_10-01-80_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, 9 Court Square,
Winchester, Virginia, October 1, 1980.
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice -
Chairman; Elmer Venskoske; W. French Kirk; James
Golladay, Jr.; Kenneth Stiles; Manuel DeHaven
ABSENT: Herbert Sluder
CALL TO ORDER
The Chairman called the meeting to order. Chairman
Gordon noted the first consideration as being the Bimonthly Report
and requested an explanation of the conditional use permits
included in that report.
Mr. Riley noted that Mr. Klein's conditional use permit
request was for a blacksmith's shop, Ms. Ware's was for a home
occupation /beauty salon and that Mr. Stine's is for a home
occupation /income tax service.
Chairman Gordon next accepted the Bimonthly Report as information.
Mr. Riley next explained that it had been suggested that
the Planning Commission Public Hearing be held on the second
Planning Commission meeting of the month and that the Board of
Supervisors Public Hearing still be on their first meeting of the
month; thus, reducing the waiting time for petitioners.
Site Plan Amendment #021 -76 of Cives Steel Company, requesting approval
fora storage building, Stonewall Magisterial District.
ACTION - Approval
The secretary first gave background information.
Mr. Walter Bowles of Cives Steel Company next came
forward and noted that this building is for much needed space and
further explained that it will be a Butler Building.
Mr. Stiles next questioned screening from Route 37.
1139
-2-
Mr. Riley commented that the elevation of Route 37 would
make it difficult to screen.
In answer to Mr. Venskoske's question, Mr. Riley noted
that Cives Steel Company had a temporary foundation permit.
Mr. DeHaven next made a motion to approve this Amended
Site Plan request #021 -76 of Cives Steel Company. This was
seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby approve Amended Site Plan 4021 -76 of Cives
Steel Company for the addition of a storage building.
DIS CUSSION OF CONDITIONAL USE PERMIT /HOME OCCUPAT
Mr. Stiles next opened discussion on conditional use
permits for home occupations, noting that the Planning Commission
is limiting employees to persons in the household and questioned
if it is the best way to approach this.
Chairman Gordon commented that the reasoning for this
limitation is because a home occupation and a business are two
different things. The Planning Commission's concern has been for
the neighbors and there has to be limitations of this kind, added
Chairman Gordon.
After further discussion, Chairman Gordon suggested that
this subject be discussed further at a worksession.
Mr. Golladay next made a motion that the Planning
Commission go into executive session under Section 2.1 -344.6 of the
1140
-3-
Code of Virginia to discuss legal matters. This was seconded by
Mr. Stiles and passed unanimously.
Mr. Stiles made a motion to come out of executive session.
This was seconded by Mr. Golladay and passed unanimously.
Mr. Stiles made a motion to return to regular session. This
was seconded by Mr. Golladay and passed unanimously.
CONSIDERATION OF COMPREHENSIVE REZONING OF FREDERICK COUNTY
Chairman Gordon first requested Mr. Andre', legal
counsel, to explain the format of the meeting.
Mr. Andre' noted that this meeting would be a
continuation of the Public Hearing which was started on September
17, 1980. Mr. Andre' noted that the Planning Commission could
re -open for public comment; but, it would be legal counsel's
suggestion to not re -open for public comment.
Mr. Andre' noted that the Planning Commission could at
this meeting leave a piece of property zoned what it is, rezone it
to a proposed use, or anything in between, adding that the
Planning Commission cannot add any parcels not on the list or
rezone property to a more intense use.
Mr. Andre' further explained that Mr. Riley will read
the zoning amendment number and there will be a motion by one of
the Planning Commission members to adopt the recommendation and
then amendments to the recommendation can be made, discussed and voted
on.
Chairman Gordon noted the understanding that when the
amendments have been covered, the motion will include all amendments as
voted on.
1141
M
-5-
Mr. Riley then presented Zoning Map Amendment Petition #011 -80
of the Frederick County Planning, Frederick County,Virginia,
recommending that the property now zoned R -1 (Residential- Limited), R -3
(Residential - General), R -4 (Residential Planned Community), R -5
(Residential Recreation Community), R -6 (Multi - Family Residential), MH
(Mobile Home Community), be rezoned to the following categories as
listed herein and identified by Frederick County Property Identification
Map and Parcel Number as follows:
ZMAP 22
Parcel: 57
R -6 to A -2
Apple Pie Ridge
Stonewall
ZMAP 23
Parcels: 44 through 57
R -1 to A -2
ZMAP 30
Parcels: 75 through 81A
R -1 to A -2
ZMAP 37 Circle: 4
Parcels: (A), (B), 4, 8, 9, 10
R -2 to A -1
Gordondale
Stonewall
Hunting Ridge Lots Gainesboro
Finger Lake Est.
ZMAP 37 Circle: 5 Finger Lake Est.
Parcels: (A), (B), (C), 3, 8, 9,
10, 11, 12, 13, 14, 15, 16
R -2 to A -1
ZMAP 37 Circle: 6 Finger Lake Est.
All. lots with the exception of 3, 4,
R -2 to A -1
ZMAP 41 Route 608
Parcel: 131
R -1 to A -1
ZMAP 42
Parcels: 198, 198(A), 199,
200, 200(A), 200(B), 201,
202, 203 through 210(B)
R -3 to A -2
Apple Pie Ridge
Area
Back Creek
Back Creek
Back Creek
Gainesboro District
Stonewall /Gainesboro
Districts
1143
IF:s
0
ZMAP 42 Apple Pie Ridge Stonewall /Gainesboro
Parcels: 258 through 258(D) Area Districts
R -3 to A -2
ZMAP 42 Apple Pie Ridge Stonewall /Gainesboro
Parcels: 261, 262 Districts
R -3 to A -2
ZMAP 42
Apple
Pie
Ridge
Stonewall /Gainesboro
Parcels: 275, 276
Area
Districts
R -3 to A -2
Stonewall District
Parcel: 24
Lenoir Drive
ZMAP 42 Circles: 5, 6, 7
Apple
Pie
Ridge
Stonewall /Gainesboro
All Lots
Area
Districts
R -3 to A -2
ZMAP 42 Circle: 8
Apple
Pie
Ridge
Stonewall /Gainesboro
Parcel: (C)
Area
Districts
R -3 to A -2
ZMAP 42 Circle: 9, 12
Apple
Pie
Ridge
Stonewall /Gainesboro
R -3 to A -2
ZMAP 42
Apple
Pie
Ridge
Stonewall /Gainesboro
Parcel 180(A)
Area
District
R -1 to A -2
ZMAP 42 Circles: 13, 14, 15
Apple
Pie
Ridge
Stonewall /Gainesboro
R -3 to A -2
Area
Districts
ZMAP 43 Welltown Area Stonewall District
Parcels: 3 through 15
R -3 to A -2
ZMAP 43
Welltown ARea
Stonewall District
Parcel: 19
R -3 to A -2
ZMAP 43
South end of
Stonewall District
Parcel: 24
Lenoir Drive
R -3 to A -2
ZMAP 43
Welltown Area
Stonewall District
Parcels: 56 through 62
R -3 to A -2
ZMAP 43
Parcels: 64 through 70 Welltown Area Stonewall District
R -3 to A -2
ZMAP 43 Welltown Area Stonewall
Parcels: 80, 81(A), 82
R -3 to A -2
1144
ZMAP 43 Circle: 5
Zeiger Subdi-
Welltown
Acres
Stonewall
District
All Lots
ZMAP 52
Merrimans Lane
Back Creek District
R -3 to A -2
Area
R -2 to A -2
ZMAP 43
Merrimans Lane
Welltown
Area
Stonewall
District
Parcels: 86 through
95
R -3 to A -2
ZMAP 43
Rt. 11 North
Stonewall
District
Parcels: 96 through
99
South of
Buckley
R -3 to A -2
Lages
ZMAP 43
Rt. 11 North
Stonewall
District
Parcels: 111, 112
South of
Buckley
R -3 to A -2
Lages
ZMAP 43
Hackwood
Property
Stonewall
District
Parcel: 157
R -4 to A -2
ZMAP 43 Circle: 1
Welltown
Acres
Stonewall
District
All Lots Except A2,
A3, B
R -3 to A -2
ZMAP 43 Circle: 8,
9
Welltown
Area
Stonewall
District
All Lots
R -3 to A -2
ZMAP 51
Cabiniss
Back Creek District
Parcel: 45
R -1 to A -2
ZMAP 51
Zeiger Subdi-
Back Creek District
Parcels: 126, 125,
146
vision
R -1 to A -2
ZMAP 51
Zeiger Subdi-
Back Creek District
Parcel: 152
vision
R -1 to A -'l
ZMAP 52
Merrimans Lane
Back Creek District
A portion of parcel 310
Area
R -2 to A -2
ZMAP 53
Merrimans Lane
Back Creek District
Parcel: 88
Area
R -2 to A -2
ZMAP 43(A), 43(B) Welltown Acres Stonewall District
All Lots
R -3 to A -2
1145
-8-
ZMAP 45 Circle: 4, 5,
All Lots
R -1 to A -2
ZMAP 51 Circle: 18,10,21
All lots
R -1 to A -2
ZMAP 51 Circle:16
Parcels: 16 through 16(F)
R -1 to A -2
ZMAP 53
Parcels: 89 through 95
R -2 to A -2
ZMAP 53 Circle: 3
Parcels: (A), (A)1, B
R -2 to A -2
ZMAP 54
Parcel: 1 (53 acres)
R -6 to R -3
ZMAP 54
Parcel:
20
R -1 to
R -3
ZMAP 54
Parcel:
20(B), (0)
R -1 to
R -3
ZMAP 54
Parcel:
22
R -1 to
R -3
ZMAP 54
Parcel: 22(A) through 26
R -1 to R -3
Ooequon Estates Stonewall District
Zeiger Subd. Back Creek District
Zeiger Subd. Back Creek District
Merrimans Lane Back Creek District
Area
Merrimans Lane Back Creek District
Area
Star Fort Stonewall District
Lee St. Area Stonewall Distrrict
Lee Street Area Stonewall District
Lee St. Area
Lee St. Area
Stonewall District
Stonewall District
ZMAP 54
Parcels: 29 through 41 Lee Street Area Stonewall District
R -1 to R -3
1146
Wz
ZMAP 54 Lee St. Area Stonewall District
Parcels: 42 through 45
R -1 to B -2
ZMAP 54 Lee St. Area Stonewall District
Parcels: 49, 50
R -1 to R -3
ZMAP 54 Hackwood Property Stonewall District
Parcel: 86
R -4 to A -2
ZMAP 54 Hackwood Property Stonewall District
Parcels: 87 through 88
R -4 to A -2
ZMAP 54 Stine Industrial Stonewall District
Parcel: 92 Park
R -3 to M -1
ZMAP 54 Senseny Road Shawnee District
Parcels: 127, 127(A) Apartments
R -3 to R -6
ZMAP 54 Winchester Coun- Shawnee District
Parcels: 139 through 141 try Club
R -2 to A -2
ZMAP 54(A) Circle:
1
Rt. 11 North
Stonewall
District
Parcel: 15(B)
R -1 to B -2
ZMAP 54(A) Circle:
1
Rt. 11 North
Stonewall
District
Parcel: 15(C)(D)
R -1 to M -1
ZMAP 54(F) Circle:
2
Valley Mill Road
Shawnee District
Parcels: 28, 29
(Apartments)
R -3 to R -6
ZMAP 54(G) Circle:
1
West Virginia
Stonewall
District
All Lots
Avenue
R -2 and B -2 to R -3
ZMAP 55
Eckard's Mobile
Stonewall
District
Parcels: 38, 39
Home Park
R -3 to M -H
1147
-10-
ZMAP 56 Circle 2, 3, 4 Opequon Est. Stonewall District
R -1 to A -2
ZMAP 62 Circle: 1 All Lots and Stonewall District
Parcels: 72 through 77
R -2 to A -2
ZMAP 63
Parcels: 1 through 18 City Limits and
R -2 to A -2 Route 37
ZMAP 63 Kernstown Area Back Creek District
Parcels: 19 through 21
R -2 to R -3
ZMAP 63 Kernstown Area Back Creek District
Parcel: 38
R -2 to R -3
ZMAP 63 Carl Frye's Back Creek District
Parcels: 85, 90, 91, 92, 93 Rt. 11 South
M -H to B -3
ZMAP 63
Carl Frye's
Back
Creek
District
Parcels: 41 through
53
Rt. 11 South
R -2 to R -3
ZMAP 63
Paper Mill
Road
Back Creek District
Parcels: 116 through
122(A)
East of Rt.
81
R -2 to A -2
ZMAP 63
Paper Mill
Road
Back
Creek
District
Parcels: 123 through
124(A)
East of Rt.
81
R -1 to A -2
ZMAP 63
Paper Mill
Road
Back
Creek
District
Parcels: 144 through
146(A)
East of Rt.
81
R-1 to A-2
ZMAP 63 Circle: 3
Paper Mill
Road
Back
Creek
District
Parcels: (A), (B)
East of Rt.
81
R -1 to A -2
ZMAP 63 Circle: 4
Paper Mill
Road
Back
Creek
District
Parcels: 1 through 4(A)
R -2 to A -2
ZMAP 63 Circle: 4
Paper Mill
Road
Back
Creek
District
Parcels: 4(D), 5
R -2 to A -2
ZMAP 63(B) Circle: 1
Plainfield
Back
Creek
District
All Parcels except D
through
Heights
4, 17, 18, 24
R -2 to R -3
ZMAP 63(A) Circle:
1
Valley Acres
Back
Creek
District
All Lots
R -2 to A -2
1148
-11-
ZMAP 63(D) Circles: 1, 2
R -2 to R -3
ZMAP 64
Parcels: 9(A) through 21
R -1 to A -2
ZMAP 64
Parcel: 23
R -1 to A -2
ZMAP 64
Parcels: 24, 25
R -2 to A -2
ZMAP 64
Parcels: 33, 34, 35
R -1 to A -2
ZMAP 64
Parcels: 38 through 40(A)
R -1 to A -2
ZMAP 64
Parcels: 41 through 44
R -1 to R -2
ZMAP 64
Parcels: 46 through 58
R -1 to A -2
ZMAP 64
Parcels: 82 through 88
R -1 to A -2
ZMAP 64
Parcel: 116
R -2 to A -2
ZMAP 64
Parcels: 120 through 133
R -2 to A -2
ZMAP 64
Parcels: 135 through 139
R -2 to A -2
ZMAP 64
Parcels: 140 through 152
R -2 and M -H to A -2
ZMAP 64
Parcel 154
R -2 to A -2
Paper Mill Road Back Creek District
East of Rt. 81
Paper Mill Road Back Creek District
East of Rt. 81
Paper Mill Road Back Creek District
East of Rt. 81
Paper Mill Road Back Creek District
East of Rt. 81
Paper Mill Road Shawnee District
Route 522 South
Airport Road Area Shawnee District
Route 522 South Shawnee District
Airport Road Area Shawnee District
Route 50 East Shawnee District
Route 50 East Shawnee District
Route 50 East Shanee District
Route 50 East Shawnee District
Route 50 East Shawnee District
Route 50 East Shawnee District
1149
-12-
ZMAP 64
Route
50 East
Shawnee
District
Parcels: 156 through 157(A)
ZMAP 64(B)
Airport Road Shawnee District
Parcels: 53, 54
R -2 to A -2
ZMAP 64(B)
Route 522 South Shawnee District
Parcels: 78, 79
ZMAP 64 Circle: 2
Route
522 South
Shawnee
District
Parcels: (A) through (D)1
ZMAP 64(C)
R -1 to R -2
Shawnee
District
All Parcels
ZMAP 64 Circle: 2
Joe's
Ocean Cove
Shawnee
District
Parcel: (D)2
ZMAP 64(C) Circle: 1, 2
Bufflick Heights
Shawnee
District
R -1 to B -1
R -1 to R -2
ZMAP 64 Circle: 3
Route
522 South
Shawnee
District
All Lots
R -1 to A -2
ZMAP 64 Circle: 5
Airport Road
Shawnee
District
Parcels: 1 through 4(A)
R -1 to A -2
ZMAP 64 Circle: 7
Route 50 West Shawnee District
All Lots
District
R -2 to A -2
ZMAP 64(B)
Airport Road Shawnee District
Parcels: 53, 54
R -1 to A -2
ZMAP 64(B)
Route 522 South Shawnee District
Parcels: 78, 79
District
R -1 to R -3
Addition
ZMAP 64(B)
Route 522 South
Shawnee
District
Parcels: 80 through 92
R-1 to R-3
ZMAP 64(B) Circle: 4
Funkhouser
Shawnee
District
Parcels: (A) through 39
Addition
R -1 to R -3
ZMAP 64(C)
Route 522 South
Shawnee
District
All Parcels
R -1 to R -2
ZMAP 64(C) Circle: 1, 2
Bufflick Heights
Shawnee
District
All Parcels
R -1 to R -2
1150
-13-
ZMAP 64(D) Route 522 South Shawnee District
All Lots
R -1 to R -3
ZMAP 64(D) Circle: 1, 2, 3 Westwood Area Shawnee District
All Lots
R -1 to R -3
ZMAP 64(D) Circle 5 Southview Sub- Shawnee District
All Lots division
R -1 to R -2
ZMAP 65 Greenwood Road Shawnee District
Parcels: 1 through 13
R -2 to A -2
ZMAP 65
Greenwood
Road
Shawnee District
Parcel: 86
Back
Creek
District
R -2 to A -2
ZMAP 65
Greenwood
Road -
Shawnee District
Parcel: 195
Senseny Road
R -2 to A -2
ZMAP 73
Oak Hill
Route
Back Creek. District
Parcel: 30
Section 2
Creek
District
R -1 to A -2
through 79(A)
ZMAP 74
Route 631
at
Opequon District
Parcel: 23
Stephens
City
R -2 to A -2
ZMAP 74 Route 11 South Back Creek District
Parcels: 76, 76(A)
R -1 to A -2
ZMAP 74
Route
11
South
Back
Creek
District
Parcel: 77
R -1 and M -1
to A -2
ZMAP 74
Route
11
South
Back
Creek
District
Parcels: 78
through 79(A)
R -1 to A -2
ZMAP 74
Route
11
South
Back
Creek
District
Parcel: 83
R -1 to A -2
ZMAP 74
Route
11
South
Back
Creek
District
Parcels: 99
through 102
R -1 to A -2
ZMAP 74 Circle: 2
Route
11
South
Back
Creek
District
All Lots
R -1 and M -1
to A -2
1152
-14 --
ZMAP 74(B)
Circle: 6
The Pines
Opequon
District
Parcels: 33
through 53
R -3 to R -6
ZMAP 74(B)
Circle: 6
The Pines
Opequon
District
Parcels: 74
through 86
R -3 to R -6
ZMAP 74(B)
Circle: 9
Nottoway
Opequon
District
Blocks: 9,
10
R -3 to R -6
Nottoway
ZMAP 75
Route 11 South
Opequon
District
Parcels: 27
through 30
R -1 to A -2
ZMAP 75 Nottoway Opequon District
Parcel: 61(A)
R -3 to R -6
ZMAP 75 Route 642 at Back Creek District
Parcels: 84 through 91(A) Route 81
R -2 to A -2
ZMAP 75 Next to Potomac Back Creek District
Parcel: 92 Edison - Rt. 847
R -3 to A -2
ZMAP 75 East of Potomac Back Creek District
Parcel: 93 Edison
R -2 to A -2
ZMAP 75 East of Potomac Back Creek District
Parcel: 94 Edison
R -3 to A -2
CZMAP 75 North of Lake- Opequon District
; ) Parcels: 95 through 97 side Estates
LR -2 to A -2
ZMAP 75 Route 636 Opequon District
Parcels: 105 through 118
R -1 to A -2
ZMAP 75(A) Circle: 4 Echo Village Back Creek District
All Parcels
R -3 to R -6
ZMAP 75B Circle: 1, 2, 3 Lakeview Opequon District
Parcel: 1 Townhouses
R -3 to R -6
1152
-15-
ZMAP 76
Parcel: 8
R -2 to A -2
West of Route
522 South
Opequori District
ZMAP 76
Parcel: 12
R -2 to A -2
ZMAP 76
Parcels: 19 through 26
\- 2 to A -2
ZMAP 76
Parcels: 27 through 38
R -2 to A -2
ZMAP 84
Parcel: 78
B -1, R -2 and R -3 to A -2
ZMAP 85
Parcel: 17 through 42
R -2 to A -2
ZMAP 85
Parcel: 48 through 56
R -2 to A -2
ZMAP 85
Parcel: 59
R -2 to A -2
ZMAP 85
Parcels: 62 through 69
R -2 to A -2
ZMAP 85 Circle: 2
Parcels: (A) and (B)
R -2 to A -2
ZMAP 86
Parcels: 72, 72(A)
R -3 to A -2
ZMAP 86
Parcels: 85, 85(C)
R -3 to R -6
ZMAP 86
Parcel 123 through 139
R -1 to A -2
ZMAP 85(A) Circle: 1
Parcels: 1 through 18
R -2 to A -2
ZMAP 85(A) Circle: 2 Block A
Parcels 1 through 17
R -2 to A -2
West of Route
522 South
West of Rt.522
South
West of Rt. 522
South
Echols Property
Opequon District
Opequon District
Opequon District
Opequon District
Rt. 11 South Near Opequon District
Route 834
Rt. 11 South
Opequon District
Rt. 11 South
South of Stephens
City
Rt. 11 South
South of Stephens
City
Opequon District
Opequon District
Costello Property Opequon District
Rt. 641 Opequon District
Nottoway Opequon District
Route 277 Opequon District
Robert O'Neal Lots Opequon District
E. R. Conner Lots Opequon District
1153
-16-
ZMAP 86 Route 636 Opequon District
Parcels: 144, 145
R -1 to A -2
ZMAP 86 Route 636 Opequon District
Parcels: 150 through 153
R -1 to A -2
ZMAP 86 Route 277E Opequon District
Parcels: 83, 84
R -3 to A -2
ZMAP 86 Route 277E Opequon District
Parcel: 85, 85(B)
R -3 to A -2
ZMAP 86 Route 277 Opequon District
Parcels: 85(D), 85(E)
R -3 to A -2
ZMAP 86 Route 277 Opequon District
Parcels: 86 through 102
R -1 to A -2
ZMAP 86 Route 277 Opequon District
Parcels: 110,111
R -1 to A -2
ZMAP 86 Route 277 Opequon District
Parcel 142
R -1 to A -2
Mr.. Golladay made a motion that this amendment change be
recommended for approval. This was seconded by Mr. Stiles and passed
unanimously.
Mr. Golladay made a motion to amend by deleting ZMAP 23,
Parcels 44 through 57. This was seconded by Mr. DeHaven and passed
unanimously.
Mr. Golladay noted concern with rezoning property that has
already been built upon.
Mr. Golladay next made a motion to amend by deleting ZMAP
43(5) (all lots), Welltowne Acres, R -3 to A -2. This was seconded by
Mr. Stiles and passed unanimously.
Mr. Golladay next made a motion to amend by deleting ZMAP
43(A) 43(B) (all lots) R -3 to A -2. This was seconded by Mr. Kirk and
passed unanimously.
!I
1154
-17-
Mr. DeHaven made a motion to amend by deleting ZMAP 45(4)(5),
all lots, R -1 to A -2. This was seconded by Mr. Golladay and passed
unanimously.
Mr. Brumback next made a motion to amend by deleting ZMAP 51,
(18), (10), (21), Zeiger Subdivision. This was seconded by Mr. Kirk
and passed unanimously.
Mr. Brumback moved to amend by deleting ZMAP 51(16), Parcels
16 through 16(F), R -1 to A -2. This was seconded by Mr. Stiles and
passed unanimously.
Mr. Stiles moved to amend by deleting (17) from Zoning Map
51, Parcel 45. This was seconded by Mr. Kirk and passed unanimously.
Mr. Stiles made a motion to amend ZMAP 54, Parcel 1 to read
Parcel 1
except
for +29 acres
as designated.
This was seconded by Mr.
Kirk and
passed
unanimously.
Mr. DeHaven made a motion to amend by deleting ZMAP
56(2)(3)(4), R -1 to A -2. This was seconded by Mr. Golladay and passed
unanimously.
Mr. Brumback moved to amend be deleting ZMAP 63A(1), R -2 to
A -2. This was seconded by Mr. Stiles and passed unanimously.
Mr. Golladay made a motion to amend by omitting parcels 49
through 56 of ZMAP 85, Parcels 48 -56, R -2 to A -2. This was seconded by
Mr. Kirk and passed unanimously.
Mr. Golladay next made a motion to amend by deleting all
parcels except parcel 29 of ZMAP 85, Parcels 17 -42, R -2 to A -2. This
was seconded by Mr. Kirk and passed unanimously.
Mr. Golladay made a motion to amend by deleting ZMAP 85(A)
(1), Parcels 1 through 18, R -2 to A -2. This was seconded by Mr.
Stiles and passed unanimously.
Mr. Golladay made a motion to amend by deleting ZMAP 85(A),
(2), Block A, Parcels 1 -17, R -2 to A -2. This was seconded by Mr.
Stiles and passed unanimously. 1155
NON
Mr. Golladay made a motion to amend by deleting ZMAP 86,
Parcels 83 and 84, R -3 to A -2. This was seconded by Mr. Stiles and
passed unanimously.
Mr. Golladay made a motion to amend by deleting ZMAP 86,
Parcels 85, 85(B), R -3 to A -2. This was seconded by Mr. Stiles and
passed unanimously.
Mr. Golladay made a motion to amend by deleting ZMAP 86,
Parcels 85(D) and 85(E), R -3 to A -2. This was seconded by Mr. Stiles
and passed unanimously.
Mr. Golladay made a motion to amend by deleting ZMAP 86,
Parcels 86 through 101, R -1 to A -2. This was seconded by Mr. Stiles
and passed unanimously.
Mr. Golladay made a motion to amend by deleting 'ZMAP 86,
Parcels 110, 111, R -1 to A -2. This was seconded by Mr. Stiles and
passed unanimously.
Mr. Golladay made a motion to amend by deleting ZMAP 86,
Parcels 123 -134 and 136 -139, R -1 to A -2. This was seconded by Mr.
Stiles and passed unanimously.
Mr. Golladay made a motion to amend by deleting ZMAP 86,
Parcel 142, R -1 to A -2. This was seconded by Mr. Stiles and passed
unanimously.
BE IT RESOLVED, that the Planning Commission unanimously recommends
approval of Zoning Map Amendment #011 -80 to the Board of Supervisors as
amended.
Mr. Riley next presented Zoning Map Amendment #012 -80
requesting that the property now zoned B -1 (Business- Limited) and B -2
(Business- General), be rezoned to the following categories as listed
herein and identified by the Frederick County Property Identification
Map and Parcel Number as follows:
1156
-19-
ZMAP 42 Route 522 North Gainesboro District
Parcels: 191, 192, 193, 194
B -2 to A -2
ZMAP 42 Route 522 North Gainesboro District
Parcel: 213
B -2 to A -2
ZMAP 42 Route 522 North Gainesboro District
Parcel: 253
B -1 to A -2
ZMAP 51 Route 50 West Gainesboro District
Parcel: 138
B -2 to A -2
ZMAP 53(A)
Sunnyside
Gainesboro
District
Parcels: 6 throuq_h 15
District
Parcels: 66
through
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro
District
Parcels: 17, 18
ZMAP 53(A)
B -2 to R -3
Sunnyside
Gainesboro
District
ZMAP 53(A)
Sunnyside
Gainesboro
District
Parcels: 59 through 61
B -2 to R -3
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro
District
Parcels: 63, 64
District
Parcels: 88
through
B -2 to R -3
ZMAP 53(A)
Sunnvside
Gainesboro
District
Parcels: 66
through
69
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro
District
Parcels: 84
through
86
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro
District
Parcels: 88
through
93
B -2 to R -3
ZMAP 53(A)
Sunnyside
Gainesboro
District
Parcels: 95
through
100
B -2 to R -3
ZMAP 53(A) Sunnyside Gainesboro District
Parcels: 123, 124
B -2 to R -3
C
ti
1157
-20-
ZMAP 53(A) Circle: 2 Block: A Sunnyside Gainesboro District
Parcels: (A) through 4
B -2 to R -3
ZMAP 53(A) Circle: 2 Block: B Sunnyside Gainesboro District
Parcels: 1 through 2(A)
B -2 to R -3
ZMAP 53(A) Circle: 2 Block: B Sunnyside Gainesboro District
Parcels: 6(A), 7
B -2 to R -3
ZMAP 53(A) Circle: 2 Block: C Sunnyside Gainesboro District
Parcels: (C), (D)
B -2 to R -3
ZMAP 53(A) Circle: 2 Block: C Sunnyside Gainesboro District
Parcels: 3, 4
B -2 to R -3
ZMAP 53(A) Circle: 2 Block: C Sunnyside Gainesboro District
Parcels: 9 through 12
B -2 to R -3
ZMAP 53(A) Circle: 2 Block: D Sunnyside Gainesboro District
Parcels: 1 through 4
B -2 to R -3
ZMAP 54 Route 7 Stonewall District
Parcels: 112, 112(A), 113
B -2 to R -3
ZMAP 54 Senseny Road Shawnee District
Parcels: 128, 129 (Church)
B -1 to R -3
ZMAP 54 Senseny Road Shawnee District
Parcel: 131
B -2 to R -2
ZMAP 54(F) Circle: 1, 3 Route 7 Stonewall District
B -2 to R -3
ZMAP 54(G) Circle: 1 West Virginia Stonewall District
All Lots Avenue area
B -2 and R -2 to R -3
ZMAP 55 Route 7 Stonewall District
Parcels: 22, 22(A)
B -2 to A -2
1158
-21-
ZMAP 55
Route
7
Stonewall
District
Parcels: 77,
78
B -2 to R -3
ZMAP 55
Ben Crim
Shawnee District
Parcel: 194
Senseny
Road
B -2 to R -3
ZMAP 55(B)
Route
7
Stonewall
District
Parcels: 2,
3
B -2 to R -3
ZMAP 55(B)
Route
7
Stonewall
District
Parcels: 5,
6
B -2 to R -3
ZMAP 55(B)
Route
7
Stonewall
District
Parcel: 12
B -2 to R -3
ZMAP 55(B)
Route
7
Stonewall
District
Parcel: 13
B -2 to R -3
ZMAP 55 (B)
Route
7
Stonewall
District
Parcel: 15,
16, 17
B -2 to R -3
ZMAP 55 (B)
Route
7
Stonewall
District
Parcel: 21
B -2 to R -3
ZMAP 55(B)
Circle:
2
Route
7
Stonewall
District
Parcels: 1,
2, 3
B -2 to R -3
ZMAP 55(B)
Circle:
3
Route
7
Stonewall
District
Parcel: (C)
B -2 to R -3
ZMAP 55(B)
Circle:
3
Route
7
Stonewall
District
Parcels: 32,
32(A)
B -2 to R -3
ZMAP 55(B)
Circle:
3
Route
7
Stonewall
District
Parcel: 34
B -2 to R -3
ZMAP 55(B)
Circle:
3
Route
7
Stonewall
District
Parcel: 36
B -2 to R -3
0
4
1159
it
s
_22-
ZMAP 55(B) Circle: 3 Route 7 Stonewall District
Parcel: 38
B -2 to R -3
ZMAP 55(B) Circle: 3 Route 7 Stonewall District
Parcels: 40, 40(A)
B -2 to R -3
ZMAP 55(B) Circle: 3 Route 7 Stonewall District
Parcel: 42
B -2 to R -3
ZMAP 55(B) Circle: 3 Route 7 Stonewall District
Parcels: 44, 44(A)
B -2 to R -3
ZMAP 55(B) Circle: 3 Route 7 Stonewall District
Parcels: 46, 46(A)
B -2 to R -3
ZMAP 55(B) Circle: 3 Route 7 Stonewall District
Parcels: 48, 48(A)
B -2 to R -3
ZMAP 55(B) Circle: 3 Route 7 Stonewall District
Parcels: 50, 50(A)
B -2 to R -3
ZMAP 63
Kernstown
Back
Creek
District
Parcels: 31 through 37
B -2 to R -3
ZMAP 63
Kernstown
Back
Creek
District
Parcels: 54, 55
B -2 to R -3
ZMAP 63
Kernstown
Back
Creek
District
Parcel: 82
B -2 to B -3
ZMAP 63
Kernstown
Back
Creek
District
Parcel: 96
B -2 to R -3
ZMAP 63
Kernstown
Back
Creek
District
Parcels: 104, 104(A), 105, 106
B -2 to R -3
ZMAP 63 Circle: 2 Kernstown Back Creek District
Parcels: (A), (B)
B -1 to M -1
1160
-23-
ZMAP 63(B) Circle: 1 Kernstown Back Creek District
Parcels: (D) through 4
B -2 to R -3
ZMAP 63(B) Circle: 1 Kernstown Back Creek District
Parcels: 17, 18
B -2 to R -3
ZMAP 63(B) Circle: 1 Kernstown Back Creek District
Parcel: 24
B -2 to R -3
ZMAP 64
Rt.
50
East Shawnee District
Parcel:
4(A)
Rt.
522
South
B -1 to
B -2
ZMAP 64
Rt.
50
East - Shawnee District
Parcels:
4(D), 4(E)
Rt.
522
South
B -1 to
B -2
ZMAP 64
Route 50
East Shawnee District
Parcel:
89
B -1 to
B -2
ZMAP 64 Route 50 East Shawnee District
Parcels: 90 through 91(A)
B -1 to A -2
ZMAP 64 Route 50 East Shawnee District
Parcels: 93 through 96
B -1 to B -2
ZMAP 64 Route 50 East Shawnee District
Parcels: 100 through 100(B)
B -1 to B -2
ZMAP 64 Route 50 East Shawnee District
Parcels: 101 through 107
B -1 to B -2
ZMAP 64 Route 50 East Shawnee District
Parcel: 153
B -2 to A -2
ZMAP 64 Route 50 East Shawnee District
Parcel: 155
B -2 to A -2
ZMAP 64(B) Route 522 South Shawnee District
Parcels: 16 through 19
B -1 to B -2
1161
-24-
ZMAP 64(B) Route 522 South Shawnee District
Parcels: 21, 22
B -1 to A -2
ZMAP 64(B) Route 522 South Shawnee District
Parcels: 26, 27
B -1 to A -'l
ZMAP 64(B) Route 522 South Shawnee District
Parcel: 30
B -1 to A -2
ZMAP 64(B) Airport Rcad Shawnee District
Parcels: 32 through 50
B -1 to A -2
ZMAP 64(B) Airport Road Shawnee District
Parcels: 53 through 70
B -1 to A -2
ZMAP 64(B)
Airport Road
Shawnee District
Parcels: 72
through 77
B -1 to R -3
ZMAP 74
Brimm Property
Back Creek District
Parcels: 70
through 73
B -2 to A -2
ZMAP 75
Bartonsville
Back Creek District
Parcels: 11,
12
B -2 to A -2
ZMAP 84
Echols Property
Opequon District
Parcel: 78
B -1, R -2 and
R -3 to A -2
ZMAP 85
School Board
Opequon District
Parcel: 58
Property
B -1 to A -2
ZMAP 85
Route 11 South
Opequon District
Parcel: 59
B -1 to A -2
Mr. Brumback made a motion to recommend approval of Zoning
Map Amendment Petition #012 -80. This was seconded by Mr. Venskoske and
passed unanimously.
Mr. DeHaven made a motion to change 'ZMAP 55, Parcel 194 from
B -2 to R -3 to read B -2 to B -1. This was seconded by Mr. Kirk and
passed unanimously.
BE IT RESOLVED, that the Frederick County Planning Commission
unanimously recommends approval of Zoning Map Amendment #012 -80 to the
Board of Supervisors as amended.
1162
-25-
Mr. Riley next presented Zoning Map Amendment $014 -80 of the
Frederick County Planning Commission, Frederick County, Virginia,
recommending that the property now zoned M -1 (Industrial- Limited) and
M -2 (Industrial - General) be rezoned to the following categories as
listed herein and identified by the Frederick County Property
Identification Map and Parcel Number:
ZMAP 27 Unimin Back Creek District
Parcels: 107 through 112
M -2 to E -M
ZMAP 33 Frey Co. Stonewall District
Parcels: 132 through 143
M -2 to E -M
ZMAP 33 Frey Co. Stonewall District
Parcels: 144 through 146
M -2 to E -M
ZMAP 34 Frey Co. Stonewall District
Parcel: 11
M -2 to E -M
ZMAP 34 Frey Co. Stonewall District
Parcel: 20
M -2 to E -M
ZMAP 38 Unimin Back Creek District
Parcel: 35
M -2 to E -M
ZMAP 38 Unimin Back Creek District
Parcels: 37, 37(A)
M -2 to E -M
ZMAP 43 South of Gilpin Stonewall District
Parcel: 21(A) Industrial Park
M -1 to A -2
ZMAP 43 South Side of Stonewall District
Parcel: 22 Route 37
M -2 to A -2
ZMAP 43 North Side of Stonewall District
Parcel: 23 Route 37
M -1 to A -2
ZMAP 43 South Side of Stonewall District
Parcel: 27 Route 37
M -2 to M -1
ZMAP 43 west of Rt. 11 Stonewall District
Parcels: 31, 32 North at Rt. 37
M -2 to M -1
1163
_26-
ZMAP 43
Parcels: 45, 46, 47
M -1 to B -2
ZMAP 43
Parcel: 55(A)
M -2 to M -1
ZMAP 43(C) Circle: 4
All Lots
M -1 to B -2
ZMAP 44
Parcels: 97, 98, 99
M-2 to E -M
ZMAP 45
Parcel: 1
M -2 to E -M
ZMAP 52
Parcels: 256 through 258
M -2 to E -M
ZMAP 54
Parcel: 21
M -2 to R -3
ZMAP 54
Parcels: 95 through 99(A)
M -2 to R -3
ZMAP 54
Parcels: 100, 101, 102
M -2 to A -2
ZMAP 55
Parcel: 27
M -2 to E -M
ZMAP 55
Parcel: 27
M -2 to A -2
ZMAP 55
Parcel: 32
M -1 to B -2
ZMAP 63 Circle: 4
Parcel: 4(B)
M -2 to M -1
Red Bud Road Area Stonewall District
Cives Steel Co. Stonewall District
Red Bud Road Area Stonewall District
Frey Co.
Frey Co.
Stonewall District
Stonewall District
Perry
North of Lee St
J. P. Darlington
(Baker Lane)
Back Creek District
Stonewall District
Stonewall District
North of Winches- Stonewall District
ter Mall
North of Winches- Stonewall District
ter Mall
North of Winches- Stonewall District
ter Mall
Route 7
Paper Mill Road
Stonewall District
Back Creek District
ZMAP 63 Circle: 4 Paper Mill Road Back Creek District
Parcel: 4(C)
1164
-27_
ZMAP 63 Circle:4
Paper Mill Road
Back Creek District
Parcel: 4(C)
M -2 to A -2
ZMAP 63
Rt. 11 South
Back Creek District
Parcels: 69
through 79
Kernstown
M -1 to R -3
ZMAP 63
Route 11 South
Back Creek District
Parcels: 80,
81
M -2 to M -1
ZMAP 63
Route 11 South
Back Creek District
Parcel: 86
through 87A
M -2 to M -1
ZMAP 63
Shawnee Drive
Back Creek District
Parcel: 110
M -2 to M -1
ZMAP 63
Shawnee Drive
Back Creek District
Parcel: 115
M -2 to M -1
ZMAP 63
Rt. 11 South
Back Creek District
Parcels: 83,
84
Kernstown
M -2 to B -3
ZMAP 63
Shawnee Drive
Back Creek District
Parcels: 111,
112, 113, 114
M -2 to R -3
ZMAP 74
Route 631
Opequon District
Parcel: 21
M -2 to A -2
ZMAP 74
Flintkote
Opequon District
Parcel: 22
M -2 to E -M
ZMAP 74
Flintkote
Opequon District
Parcel: 24
M -2 to E -M
ZMAP 74
CBS Packing
Opequon District
Parcels: 25,
26
M -2 to A -2
ZMAP 74
Golladay Supply
Opequon District
Parcel: 27
M -2 to B -3
ZMAP 74
Route 631
Opequon District
Parcels: 28
through 35
M -2 to A -2
1165
-28-
t
ZMAP 74 Route 649 Opequon District
Parcels: 48, 49
M -1 to A -2
ZMAP 74
Rt. 11 North of
Flintkote
All Lots
Opequon District
Parcels: 50,
50(A)
ZMAP 75
M -1 to E -M
Back Creek District
Parcels: 25, 25(A)
Stephens City
ZMAP 74
North of
ZMAP 75
Back Creek District
Parcels: 51
through 57
Stephens
City
M -2 to B -3
M -1 to A -2
ZMAP 85
Flintkote
Back Creek District
ZMAP 74
North of
M -2 to E -M
Back Creek District
Parcels: 74,
75
Stephens
City
Parcel: 46
M -1 to A -2
M -2 to E -M .
ZMAP 74
Rt. 11 South of
Rt. 11 North
of
Back Creek District
Parcel: 77
M -2 to A -2
Stephens
City
ZMAP 85
M -1 and R -1
to A -2
Parcel: 47
ZMAP 74 Circle: 2
Rt. 11 North of
Back Creek District
All Lots
Stephens City
M -1 and R -1 to A -2
ZMAP 75
Rt. 11 North of
Back Creek District
Parcels: 25, 25(A)
Stephens City
M -1 to A -2
ZMAP 75
Rt. 11 North of
Back Creek District
Parcels: 10 and 91
Stephens City
M -2 to B -3
ZMAP 85
Flintkote
Back Creek District
Parcel: 43
M -2 to E -M
ZMAP 85
Flintkote
Back Creek District
Parcel: 46
M -2 to E -M .
ZMAP 85
Rt. 11 South of
Opequon District
Parcels: 46(A), 46(C)
Stephens City
M -2 to A -2
ZMAP 85
Flintkote
Opequon District
Parcel: 47
M -2 to E -M
ZMAP 90
Flintkote
Opequon District
Parcels: 1 through 9
M -2 to E -M
ZMAP 90
Flintkote
Opequon District
Parcel: 22.
M -2 to EM
1166
-29-
Mr. Venskoske made a motion to recommend approval of
Zoning Map Amendment #014 -80. This was seconded by Mr. DeHaven and
passed unanimously.
Mr. Stiles made a motion to amend by changing ZMAP 54,
Parcels 96 - 99(A) to M -2 to M -1. This was seconded by Mr, Kirk
and passed unanimously.
Mr. Stiles made a motion to include in ZMAP 55, Parcel 27,
M -2 to EM the statement "+ 5 acres which is currently being mined ".
This was seconded by Mr. Brumback and passed unanimously.
Mr. Golladay made a motion to include in ZMAP 55, Parcel
27, M -2 to A -2 the statement "except that + 5 acre portion currently
being mined ". This was seconded by Mr. Brumback and passed
unanimously.
Mr. Stiles next made a motion to amend by deleting ZMAP
63, Parcels 80, 81, 86, 87, 87A, 110 and 115. This was seconded by
Mr. Golladay and passed unanimously.
BE IT RESOLVED, that the Planning Commission unanimously recommends
approval of Zoning Map Amendment #014 -80 to the Board of Supervisors
as amended.
Chairman Gordon next noted that any errors or omissions
would be considered by the Planning Commission at no cost.
DISCUSSION OF OFFICIAL ZONING MAPS
Mr. Golladay next made a motion to recommend to the Board
that the Tax Maps of Frederick County be made the official zoning
maps. This was seconded by Mr. Brumback and passed unanimously.
BE IT RESOLVED, that the Planning Commission does unanimously recommend
to the Board of Supervisors the acceptance of the Tax Maps of Frederick
County as the official zoning maps.
1167
-30-
Request for Rezoning from Thomas L. and Barbara Conrad, Bon Air Home
for Elderly People, #016 -80, R -2 to B -2, Opequon Magisterial District.
ACTION - Tabled
The Secretary first gave background information, noting that
this request is for a total of 120 beds.
Mr. Golladay noted that this property has been rezoned from
R -2 to A -2 and questioned the advisability of hearing this rezoning
request before the Board acts on the Planning Commission's previous
action. Mr. Golladay also questioned if this might be considered spot
zoning.
Mr. Riley explained that a hospital is allowed in an R -2 zone
with a conditional use permit.
Mr. Mark Conrad next came forward and introduced himself
to the Planning Commission, noting that a rezoning would be
preferred to a conditional use permit.
In answer to Mr. Brumback's question, Mr. Conrad noted
that approximately five acres would be utilized.
Mr. Riley next read the following letter which was made
a part of the record:
September 26, 1980
SUBJECT: Frederick County
Sewerage: Bon Air Home for the Elderly
Mr. Herbert L. Sluder
Frederick County Health Department
P. O. Box 2056
Winchester, Virginia 22601
Dear Mr. Sluder:
This is in response to your September 12, 1980 request for this
office's comments regarding whether or not sufficient capacity
exists in the Bon Air Home sewage pumping station to handle an
expansion of the Bon Air Home of the size contained in Mr. Conrad's
rezoning request. It is the office's understanding that the proposed
increase will expand the facility to an ultimate size of between
120 -160 beds.
1168
-31-
As discussed, the Bon Air pumping station is presently rated to
handle an average flow of 12,500 gallons per day or an equivalent
population of 125 persons at 100 gallons per day per capita with
the station capable of handling a maximum flow of 70,560 gallons
based on a peak factor of 5.6. Based upon our evaluation, it is
this office's opinion that the Bon Air pumping station can
adequately handle wastewater from a facility with a maximum size
of approximately 154 beds, 108 staff members, (3 shifts at 36
employees per shift), and 3 residential connections. This opinion
was made based on the following criteria: (1) 100 gallons per
day per bed; (2) 10 gallons per day per shift employee; (3) 400
gallons per day per residential connection; and (4) a reduction of
the peak factor to 2.5. An expansion beyond that outlined above
may necessitate expansion or upgrading of the pump station. It
should be pointed out that under current state regulations once a
facility reaches 80 percent of its design capacity the owner of
the facility is required to declare his intentions as to whether
or not it is intended to expand the facility beyond the existing
design capacity. If expansion is contemplated, plans and
specifications must be developed, submitted, and approved prior to
the facility reaching 95 percent of its capacity; otherwise, no
additional connections or usage above the 95 percent mark is
permitted.
With regard to the water supply, this office has very little, if
any, information concerning the well presently being utilized by
the Bon Air Home for water supply. Therefore, it is this
Department's feelings that since central water is readily
available at the Home, this should be utilized rather than the
existing well source if the facility is to be expanded as
outline.
If you should have any questions or if this does not adequately
address the question posed, please do not hesitate to contact this
office.
Very truly yours,
/Harold T. Eberly
District Engineer
Mr. Conrad noted that the well water is inspected by the
Health Department four times each year.
Chairman Gordon next asked for any one in opposition
wishing to speak.
1169
-32-
Mr. o. W. Wake, an adjoining property owner, carne
forward and introduced himself to the Commission, noting that he
was opposed to this request because of the types of business that
could be placed in B -2 zoning.
In answer to Mr. Stile's question, Mr. Wake noted that
his feelings would be moderated if this was a conditional use permit
instead of a rezoning.
Mr. Charles Bass next came forward and introduced
himself to the Planning Commission, noting that he opposed this
request because the B -2 category is a large zoning category. Mr.
Bass also noted that this is a residential area and that homes and
businesses are not compatible.
Mr. Earl Layman next came forward and noted that there
is already a traffic problem. Mr. Layman commented that he
opposed both the expansion and the rezoning.
Mr. Earl Shiley next came forward and introduced himself
to the Planning Commission, questioning what a B -2 Zoning covers.
Mr. Golladay next read the intent section of the B -2
Zoning category.
Mr. DeHaven noted concern with 10.5 acres being
requested.
Mr. Stiles expressed that he felt this expansion would
be better in an Agricultural District with a conditional use
permit.
In answer to Mr. Stiles' question, Mr. Riley noted that
a site plan would be required.
1170
-33-
Chairman Gordon explained the things that might be addressed
under a conditional use permit.
Mr. Stiles next made a motion to table consideration of
this request until October 15, when further health department
recommendations might be available. This was seconded by Mr.
Golladay and passed unanimously.
BE IT RESOLVED, that the Planning Commission for the County of
Frederick does hereby table further action on Zoning Map Amendment
Petition # 016 -80 of Thomas L. and Barbara Conrad until October
15, 1980.
Chairman Gordon next relinquished his chairmanship of
the meeting for the consideration of the next request.
Request for Rezoning of J. P. Darlington, #017 -80, R -3 to R -6,
Stonewall Magisterial District.
ACTION - Recommend Approval
The Secretary first gave background information.
Mr. Randolph Larrick and Ronnie Ward next came forward
and introduced themselves to the Planning Commission as represent-
ing Mr. Darlington.
Vice - Chairman Brumback next asked for any one in
attendance wishing to speak either in favor or in opposition of
this rezoning petition. Vice - Chairman Brumback next noted that this
rezoning petition was informally discussed two weeks prior to this
meeting.
Mr. Stiles made a motion to recommend approval of this
rezoning petition #017 -80 to the Board of Supervisors. This was
seconded by Mr. Kirk and the vote was as follows:
1171
-34-
YES - Messrs., Kirk, Golladay, DeHaven, Stiles, Brumback,
Venskoske.
ABSTAIN - Mr. Gordon.
BE IT RESOLVED, that the Planning Commission does hereby recommend
approval of Rezoning Petition #017 -80 of J. P. Darlington, from
R -3 to R -6, to the Board of Supervisors.
NOTE: Chairman Gordon resumed the chairing of the meeting at this
time.
Request of Charles W. Omps (Ralph Poe) for a conditional use permit for
a sign, #011 -80, Gainesboro Magisterial District.
ACTION - Recommend Approval
Mrs. Charles Omps and Mr. Ralph Poe came forward and
introduced themselves to the Planning Commission. Mr. Poe noted that
the sign in question was already in place.
Mr. Stiles suggested that an additional condition could be
that this sign as permitted be maintained and kept at original size.
Mr. Poe noted that this sign is important to his business,
noting he serves 500 -600 families from out of town every summer month.
Chairman Gordon next called for any person wishing to speak
in favor or opposition to this request.
Mr. Conrad Christianson, pastor of the Lutheran Church, came
forward and introduced himself to the Commission and explained that he
had been authorized to register the unanimous disapproval by the
church, noting that this sign affects the view from the property and
commercializes the area.
In answer to Mr. Brumback's question, Mr. Christianson noted
that there are 250 people on the roll of the church.
In answer to Chairman Gordon's question, Mr. Christianson
noted that the location of the sign is what was objectionable.
1172
-35-
In answer to Chairman Gordon's inquiry, Mrs. Omps noted that
the sign could be moved.
Mr. Poe acknowledged having no objection to the moving of the
sign seventy five feet from the line.
Mr. Venskoske made a motion to recommend approval of this
conditional use permit to the Board of Supervisors with the following
conditions:
1. This is a one year permit to be reviewed each January by the
Frederick County Planning Commission and Board of
Supervisors.
2. The sign, as permitted, will be maintained and kept at the
original size.
3. The sign shall be placed 75' from the church property line.
This was seconded by Mr. Brumback and passed unanimously.
BE IT RESOLVED, that the Planning Commission does unanimously recommend
approval of Conditional Use Permit #011 -80 with the conditions as
outlined above.
Request of John and Linda Martin for a Conditional Use Permit,
#012 -80, for a home occupation /gun dealership in the Gainesboro
Magisterial District.
ACTION - Recommend Approval
w /conditions
The Secretary first gave background information.
Mr. John Martin came forward and noted that he was
comfortable with the conditions as proposed.
There being no one present to speak either in favor or
opposing this request, Mr. Venskoske made a motion to recommend
approval of this request with the following conditions:
1. One year permit to be reviewed each January by the
Frederick County Planning Commission and Board of
Supervisors.
1173
-36-
2. Off - street parking shall be provided.
3. No one may be employed other than members of the immediate
family residing on the premises.
This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, that the Planning Commission unanimously recommends
approval of Conditional Use Permit #012 -80 of John and Linda Martin
with the conditions as outlined above.
Conditional Use Permit Request of Mr. Doyle Whittington, #013 -80, to
re- establish a nonconforming use in the Gainesboro Magisterial
District.
ACTION - Recommend Approval
w /conditions.
The Secretary first gave background information.
Mr. Doyle Whittington came forward and introduced himself to
the Planning Commission.
In answer to Mr. Stiles' question, Mr. Horne noted that this
lot is not now screened.
Mr. Brumback commented that if screening took place, outside
repair would not be objectionable.
There being no one wishing to speak either in favor or in
opposition of this request, Mr. Venskoske made a motion to recommend
approval of this conditional use permit request with the conditions as
listed:
1. One year permit to be reviewed each January by the Frederick
County Planning Commission and Board of Supervisors. If any
condition is violated at any time, the conditional use permit
shall be brought before the Planning Commission and Board of
Supervisors for consideration.
1174
-37-
2. Storage and outside repair shall be screened from all
residential uses.
3. Hours of operation shall be from 8:00 a.m. to 8:00 p.m.,
Monday through Saturday.
This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, that the Planning Commission unanimously recommends
approval of Conditional Use Permit #013 -80 of Doyle Whittington with
the conditions as outlined above.
CONSIDERATION OF SOUTH FREDERICK AGRICULTURAL DISTRICT
The Secretary first gave background information, noting that
this request had been reviewed by the Agricultural Advisory Board who
deemed this Agricultural District as being agriculturally significant.
Dr. Gary DeOms and Mr. R. M. Anderson came forward and
introduced themselves to the Planning Commission.
There being no one present in opposition to this request, Mr.
Stiles made a motion that the South Frederick Agricultural District be
recommended for approval to the Board of Supervisors. This was
seconded by Mr. Venskoske and passed unanimously.
BE IT RESOLVED, That the Planning Commission does unanimously recommend
to the Board of Supervisors approval of the South Frederick
Agricultural District.
There being no further business to come before the
Commission, Mr. Golladay made a motion that the meeting be adjourned.
This was seconded by Mr. Kirk and passed unanimously.
fully SSub
//_// .w
. Rilef, mecre
n Gordon, unalrman
1175