PC_03-02-77_Meeting_MinutesMINUTES OF THE MEETING
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman;
Manuel C. DeHaven; James Golladay, Jr.; Thomas B. Rosenberger;
George G. Snarr, Jr.; Elmer Venskoske
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Room March 2, 1977
ABSENT: R. Wesley Williams
OF THE
CALL TO ORDER
The Chairman Called the Meeting to Order and proceeded to the First Order of
Business.
MEETING MINUTES - February 16, 1977 - Approved as Written
Upon motion made by James Golladay, Jr., seconded by George G. Snarr, Jr. and
approved by the following vote ( Venskoske was absent):
Snarr, Jr.; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby approve the Minutes of the Meeting of February 16, 1977 as written.
• -------------- - - - - --
B -1 as replacement of present permitted COMMERCIAL USES in MH -1 & R -6 Zoning Dists.
Public Hearing to be Advertised for April 6, 1977
- deletion of County Code ® 21 -90(h) & 21- 101.2(f) -
•
Mr. Berg stated that it requires a fairly large mixed -use development to justify
anything beyond a small grocery -type outlet. He said that his research had revealed
that much difficulty is involved in dealing with this, as well as regulating commer-
cial development, which would result in detraction from the development itself. He
opined that the above sections be removed because that much regulation and control
would be too much for the County at this time. He explained that his recommendation
included removal of commercial uses from MH -1 and R -6 Zoning Districts, and applica-
tion could be made for B -1 zoning for a portion of a development where it is warranted.
He added that home occupations would not be included.
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Upon motion made by George G. Snarr, Jr., seconded by Thomas B. Rosenberger and
approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske;
® Brumback; Rosenberger; Chairman - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby direct the Secretary to advertise for Planning Commission Public Hearing
on April 6, 1977 the above- referenced County Code Sections 21 -90(h) and 21- 101.2(f).
Would Mobile Home Repairing be permitted as Commercial Use in MH -1 Zoning District?
Act ion - Don Fowler requested to apply for B -1 Zoning
Messrs. J. H. Rocky Yost, III (owner of Easy Living Mobile Home Park) and Don
Fowler (applicant for mobile home repairing) appeared before the Commission.
Mr. Yost submitted a petition that he said contained 86 of 96 residents of his
mobile home park that were in favor of Mr. Fowler's request as had been outlined at
the meeting of February 16, 1977.
Mr. Fowler stated that the Stephenson area contained a total of 286 mobile homes.
Mr. Berg explained that, following receipt of the site plan from Mr. Fowler, he
and Mr. Riley had experienced difficulty, arriving at a clearcut conclusion as to
whether this type of commercial use would be considered as proper.
Upon motion made by Thomas B. Rosenberger, seconded by Manuel C. DeHIven and
approved by the following vote: Snarr, Jr.; DeHaven;Golladay, Jr.; Venskoske;
Chairman -- YES,
Brumback; Rosenberger - NO:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby request Mr. Don Fowler to apply for business zoning through the proper
channels so that his proposal may be reviewed on its individual merits.
The Chairman directed Messrs. Yost and Fowler to speak to the Staff regarding
the above motion.
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Both gentlemen indicated
that they
had understood that Messrs.
Berg and Riley had
said that they anticipated
no problems
with their request, which
had not turned out
to be the case. Mr. Fowler
said that
he had invested already in
the proposal.
Mr. Berg explained that, following receipt of the site plan from Mr. Fowler, he
and Mr. Riley had experienced difficulty, arriving at a clearcut conclusion as to
whether this type of commercial use would be considered as proper.
Upon motion made by Thomas B. Rosenberger, seconded by Manuel C. DeHIven and
approved by the following vote: Snarr, Jr.; DeHaven;Golladay, Jr.; Venskoske;
Chairman -- YES,
Brumback; Rosenberger - NO:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby request Mr. Don Fowler to apply for business zoning through the proper
channels so that his proposal may be reviewed on its individual merits.
The Chairman directed Messrs. Yost and Fowler to speak to the Staff regarding
the above motion.
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JOINT Informal QUARTERLY MEETINGS with CITY PLANNING COMMISSION
Mr. Berg stated that he had discussed this item with Mr. Reed Nester, City Plan-
ner. He said that they had also discussed a meeting topic of-the area North of
Winchester where the city- county line is not topographically defined by roadways
or mutual boundaries. He also said that Mr. Nester will be talking to the City's
Planning Commission about this item.
PUBLIC HEARINGS
ZMAP No. 002 -77 of C. D. HYLTON 13901 Jefferson Davis Hwy., Woodbridge, Va.,
hereby requests that 10.64 acres, more or less, being the rear portion of a
larger parcel of land that fronts the South side of Rt. 522 and the East side of
Rt. 739 (Fox Drive), now zoned Business - General ( -2 ) be rezoned: Multifamily -
Residential ( -6 ). This property is designated as parcel No. 52A on tax map 53(A)
and is in Gainesboro Magisterial District.
Action - Approval Motion Defeated
Mr. Berg read the application for multifamily buildings to be placed in a quadrant-
type effect on property of 867.12 feet of frontage and 673.60 feet of depth.
• The Chairman stated that he would ABSTAIN from participation and voting on this
proposal.
Mr. Berg opined that two options were open to the Commission: 1) leaving zoning
as it is presently for use as commercial activity because it is conceivable that a
large shopping center would be needed at that corner after a period of lime; or
2) rezoning to single - family to eventually adjoin a present spreading development
that is located within the City of Winchester.
T. G. Scully appeared before the Commission as representative of the optionee
of the property (contract purchaser). He said that he felt it to be a good idea
to place a buffer zone further to the South. He approximated the actual development
would be completed'in five years, or sooner. He also said that he considered it bad
for a commercial use to butt against a single - family development, and that the best
and highest use would be as multifamily dwellings. He also stated that, although
• there would be roads through the front part of the proposal, there would be none
to connect this property with the property bounding on the South. The plans, said
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Mr. Scully, are for ninety apartments (fewer than might be built) with planted
trees and spacious parking.
® Mr. Berg stated that the Sanitation Authority will be in a position to take
sewage, although no arrangements have yet been made; and public water will be
available. He then described the surrounding area's zoning and Land Use Plan
indication.
The Commission expressed concern over no completion date being set for this
project.
Mr. DeHaven opined that, after having inspected the site, the property would
be more practical zoned as an R -6
The motion to recommend approval made by George G. Snarr, Jr., seconded by
Manuel C. DeHaven, was defeated by the following vote:
Snarr, Jr.; DeHaven; Golladay; Jr. - YES,
Venskoske; Brumback; Rosenberger - N0;
Chairman - ABSTENTION.
® ZMAP No. 003 -77 of EFG Corporation Rt. 1, Box 92, Winchester, Virginia, hereby
requests that 1.8M8 acres, more or less, located on the South side of Rt. 50,
approximately 1/2 mile East of Rt. 81 Interchange, now zoned Business - Limited
( -1 ) be rezoned: Business - General ( - 2). This property is designated as parcel
No. 64(A)100 on tax map 64 and is in Shawnee Magisterial District.
A ction - Recommended Approval
Mr. Berg read the application for a proposed 8,000 square -foot metal building
constructed on property of 235.05 feet of frontage, and 152.05 feet of depth on
western boundary and 117.55 feet on easternmost boundary.
Messrs. Benjamin M. Butler (representative) and Eugene F. Gr ove (company official)
appeared before the Commission. Mr. Grove stated that he had purchased one acre, and
had obtained a health permit. He said that motorcycle sales and service are subject
to the same E.P.A. regulations as auto sales and service. He also stated that he
owns a fifty -foot strip located between the Town and Country, and the highway de-
partment land. He said that he had spoken to Mr. King of the highway department,
and that the crossover existing at the entranceway will eliminate any problems.
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Mr. Butler stated that few of the motorcycles will be visible in front in the
daytime which would be more aesthetically pleasing to the eye than auto sales.
® Mr. Berg described the surrounding area's present zoning; said that the Land Use
Plan indicates business use for this property; and the previous Planning Commission's
plan would indicate B -2 zoning.
Opposition
. Hugh Price appeared before the Commission in opposition to the proposal. He
stated that he resides across from the property. He initially objected to more
noise, wrecklesness, and 'spot zoning.
Upon motion made by Frank Brumback, seconded by George� Snarr_ Jr. and ap-
proved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske;
Brumback; Rosenberger; Chairman - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval to the Board of Supervisors of said County of the
Zoning Map Amendment Petition No. 003 -77 of EFG Corporation from B -1 to B -2 .
The Chairman stated the Commission's consensus, upon Mr. Berg's inquiry, that the
• Secretary may bring back to the Commission a comprehensive business zoning for this
area.
ZMAP No. 004 -77 of Donald H. and Alice H. EBERSOLE Rt. 5, Box 125, Winchester,
Va., hereby request that 50.53 acres, more or less, located on the East side of
Rt. 656, approximately 1/2 mile North of intersection with Rt. 65 zoned
Agricultural- General ( -2 ) be rezoned: Residential- Limited (R -2 ). This property
is designated as parcel Nos. 184B and 184C on tax map 55(A) and is in Shawnee
Magisterial District. 1
Action - Deferred for Thirty (30) Days
Mr. Berg read the application for 1/3 acre lot single- family dwellings on Parcels
"C and D" with 1086.36 feet of frontage and 3178.11 feet of depth.
Messrs. John William (representing developer and contract purchaser) and Donald
H. Ebersole appeared before the Commission.
Mr. Williams said that development is planned immediately. He stated that he is
®
presently negotiating with
Mr.
Williams'
sister through
another
real estate
agent -.-
for acquisition of parcel
"B ",
although
it appears that
parcel
''A' will not
be
1
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(PC 03/02/77) p 6
available. He said that, although acquiring parcel "B" would be a very definite
advantage, they still plan to proceed as soon as possible with their present pre-
liminary plans (which they had just received). He said that feasibility studies
are as yet incomplete, but they had been able to satisfy their backers with cost
and feasibility. When asked if they had alternative plans, he replied that none
were made.
Mr. Ebersole stated that he had received the approval of the Sanitation Author-
ity approximately a year ago. He said that the land rolls a little at the road,
and there_is -a stream and a steep hill between parcels "C and D ". He also said
that the sewer treatment plant will be located beside his property (parcel "D ").
Mr. 'Berg said that he believed a pumping station would be necessary for this one
project. He also said that the Land Use Plan designates this area as agricultural
open space. He stated that the developer will be expected to provide streets and
sewer lines.
He said that, since this appears destined to be a residential area, the format
will be set by this first one; and he expressed concern that the development would
be just of the frontage, and that development costs would be high.
Upon motion made by Thomas B. Rosenberger, seconded by Manuel C. DeHaven and
approved by the following vote: Snarr,'Jr.; DeHaven; Golladay, Jr.; Venskoske;
Brumback; Rosenberger; Chairman - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby defer for thirty (30) days the Zoning Map Amendment Petition No. 0 -77
of Donald H. and Alice H. Ebersole
TRANSPORTATION PLAN (Comprehensive Plan)
Mr. Berg stated that he had received a comment about Baker Lane not being included
as a collector (artery) street.
Upon motion made by Elmer Venskoske, seconded by George G. Snarr, Jr. and approved
by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske;
® Brumback; Rosenberger; Chairman - YES:
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BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby direct the Secretary to revise the Transportation Plan chapter draft of
the Comprehensive Plan to reflect Baker Lane as a collector street.
ADJOURNMENT
Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved
unanimously,
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby adjourn its meeting; there being no further business.
THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED.
Respectfully Submitted,
: 9 -1A-J-d 9 le —
H. Ronald Berg, Secretary
i
•
C. Langdon Gordon, Chairman
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