PC_05-04-77_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
U Held in the Board of Supervisors' Room May 4, 1977
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman;
Manual C. DeHaven; James Golladay, Jr.; Thomas B. Rosenberger;
George G. Snarr, Jr.; Elmer Venskoske
ABSENT: R. Wesley Williams I
CALL TO ORDER
The Chairman Called the Meeting to Order and proceeded to the First Order of
Business.
MEETING MINUTES -- April 20, 1977 --
Upon motion made by James Golladay, Jr., seconded by Frank iBrumback and approved
by the following vote: Snarr, Jr.; DeHaven; Golladayi, Jr.; Venskoske;
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 April 20, 1977 as submitted.
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• SIGN SECTION Amendments to the County Code Discussed
The Commission discussed limiting Section 21 -14 (8), specifically -- number of
signs permitted, the total aggregate square footage allowed, and the setback
distance from the highway right -of -way.
The motion to change Section 21 -14 (8) to read, "such signs shall not in the aggre-
gate exceed 48 square feet nor set back less than 15 square felt from the highway
right -of -way (by George G. Snarr, Jr., seconded by James Golladay, Jr.) was defeated
by the following vote: DeHaven; Venskoske; Brumback, Rosenberger - NO,
Snarr, Jr.; Golladay, Jr. - YES
Upon motion made by Thomas B. Rosenberger, seconded by Manuel C. DeHaven and ap-
proved by the following vote: DeHaven; Golladay, Jr.; Venskoske; Brumback;
Rosenberger - YES,
Snarr, Jr. - NO:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Vir-
ginia does hereby direct the Secretary to change Section 21 -14 (8) of the Frederick
• County Code as adopted October 13, 1976, as amended, as follows: sixty -four (64)
square feet total aggregate area; and not set back less than fifteen feet (15')
from the highway right -of -way.
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Upon motion made by Frank Brumback, seconded by Elmer Venskoske 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, Vir-
ginia does hereby direct the Secretary to change Sections 21 -1 (12), and 21 -14 (13)
of the Frederick County Code as adopted October 13, 1976, as amended, as follows:
sixty -four (64) square feet total aggregate area; and not set back less than
fifteen feet (15') from the highway right -of -way. j
Upon motion made by James Golladay, Jr., seconded by George'G. Snarr, Jr. and ap-
proved by the following vote: Snarr, Jr.; DeHaven, Golladay', Jr.; Venskoske;
Brumback; Chairman - YES,
Rosenberger - NO:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Vir-
ginia does hereby direct the Secretary to change Sections 21 -14 (12) and 21 -14 (8)
of the Frederick County Code as adopted October 13, 1976, as amended, as follows:
the word "directly" should preceed the word "illuminated ".
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PUBLIC HEARINGS
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Zoning Map Amendment Petition No. 006 -77 of JIC, Ltd., 32 E. Main St., Berryville,
Va., and BUCKLEY- LAGES Inc., P. O. Box 231, Winchester, Va., Hereby request that
10.00 acres, more or less, located at the intersection of Routes 50 and 728, now
zoned Industrial- General ( -2 ) be rezoned: Industrial- Limitedi( -1 ). This pro-
perty is designated as parcel Nos. 80 and 80C on tax map 64 and is in Shawnee Ma-
gisterial District.
Action - Recommended Approval
I
Mr. Berg read the application which included the frontage of 503.49 feet and
the depth of 614.731 feet. He said that the application does not specify which
building will be placed on which lot.
The representatives that appeared before the Commission were:
Mrs. Jean Clark for JIC, Ltd.,
Donald Baughman for Allied Engineered Products, Inc. (contract purchaser),
and Jerry Braithwaite for Buckley - Lages, Inc.
•
Mr. Baughman stated that his company plans to build a steel building for steel
fabrication. He said that a limited amount of steel would be stored behind the
building within a fenced area containing heavy angle, channel, I- beams, etc. He
also said that ninety percent of the operation would be contained within the confines
of the building; which would also include a sales organization of mechanical products
similar to those of Solenberger Industrial. He also stated that health depart-
ment had given his company tentative approval for a septic system.
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Mr. Berg stated that tracts 2 and 3 had been rezoned for M -1 use (industrial
park), and in 1974 they were rezoned for M -2 (for a waste re- cycling plant that
• never materialized). He said that he had advised the applicants that the entire
twenty -acre tract should be rezoned for M -1 instead of just the front ten acres.
Mrs. Clark stated that the back ten acres is owned by JIC, Ltd., who would
prefer to know what type of industry may be interested in their land before ap-
plying for a rezoning, if necessary.
The Commission discussed the fact that the Zoning Ordinance is not of the
pyramiding type that would allow this type of use in M -2 zoninl even though it
is allowed in M -1 zoning.
Mr. Braithwaite stated that his company felt that M -1 would be good, but they
had no future use in mind for the land.
Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved
by the following vote: Snarr, Jr. - ABSTENTION,
DeHaven; Golladay, Jr.; Venskoske; Brumback;
Rosenberger; Chairman - YES:
• BE IT RESOLVED, That the Planning Commission for the County of Frederick, Vir-
ginia does hereby recommend approval to the Board of Supervisors of said County
of the Zoning Map Amendment Petition No. 006 -77 of JIC Ltd. and Buckley- Lages Inc.
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Zoning Map Amendment Petition No. 007 -77 of C. D. HYLTON 13901 Jefferson Davis
Highway, Woodbridge, Va., hereby requests that 10.83-acres more or less, being
a portion of a larger parcel of land that fronts the South side of Route 522 and
the East side of Route 739, now zoned Business - General ( -2 ) be rezoned:
Multifamily- Residential (RR =6). This property is designated as parcel No. 52A
on tax map 53(A) and is in Gainesboro Magisterial District.
Action - Recommended Denial
James T.. Anderson appeared before the Commission stating that he has a purchase
option on the property. He stated that he proposes construction of ninety (90)
apartments beginning June, 1978 and finishing August, 1979 approximately. He main-
tained that his option is not conditional upon approval of this application. He
said that the property would be serviced by County water and sewer. He also said
that he had originally planned a small shopping center, but that would not be as
feasible as the apartments due to the terrain.
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Mr. Anderson said that he had discussed his proposal with Mr. Jones of the
Frederick County Sanitation Authority on several occasions, but that he had made
• no formal agreement with him.
Opposition
Thomas J. Place Sunnyside, Virginia, appeared before the Commission. He
quoted as follows from a petition that he submitted to the Chairman:
"To Whom It May Concern:
We the property owners of'Hickory Street and other surrounding areas, where we
the property owners will be affected, do strongly oppose the rezoning of 10.83
acres more or less, being a portion of a larger parcel of land that fronts the
South side of Route 522 and the East side of Route 739, not zoned Business -
General (B -2) be rezoned to Multifamily- Residential (R -6).
/66 signatures/
He said that he was only objecting to the R -6 zoning for multifamily dwellings
due to: aesthetic reasons, transcient tenants, increased traffic, crime, fires.
Mr. Anderson stated that he was more interested in the commercial aspects of
the property -- that he would like to know what he could do with the property
• before purchasing it.
Upon motion made by Thomas B. Rosenberger, seconded by Elmer Venskoske and
approved by the following vote: Snarr, Jr.; DeHaven - NI,
Brumback; Chairman - ABSTENTION
Golladay, Jr.; Venskoske; Rosenberger - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Vir-
ginia does hereby recommend denial to the Board of Supervisors of said County of
the Zoning Map Amendment Petition No. 007 -77 of C. D. Hylton for 10.83 acres, more
or less, from B -2 to R -6 for the following reason:
Because an optionee purchaser is less likely to follow through with stated plans
than a property owner.
Zoning Map Amendment Petition No. 007 -77 of C. D. HYLTON 13901 Jefferson Davis
Highway, Woodbridge, Va., hereby requests that 7.88 acres more or less, being a
portion of a larger parcel of land that fronts the South side of Route 522 and
the East side of Route 739, now zoned Business - General ( -2 ) be rezoned: Resid-
ential General (R -3). This property is designated as parcel No. 52A on tax map
53(A) and is in Gainesboro Magisterial District.
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Action - Recommended Denial
• James T. Anderson appeared before the Commission stating that he has a purchase
option on the property.
Upon motion made by Thomas B. Rosenberger, seconded by Elmer Venskoske and ap-
proved by the following vote: Snarr, Jr.; DeHaven - NO
Brumback; Chairman - ABSTENTION,
Golladay, Jr.; Venskoske; Rosenberger - YES:
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Vir-
ginia does hereby recommend denial to the Board of Supervisors of said County of
the Zoning Map'Amendment Petition No. 007 -77 of C. D. Hylton for 7.88 acres more
or less, from B -2 to R -3 for the following reason:
Because an optionee purchaser is less likely to follow through with stated plans
than a property owner.
AN AMENDMENT TO THE FREDERICK COUNTY ZONING,MAP, adopted November 1, 1973, as
amended, TO AMEND THE ZONING OF Lots 1, 2, 5 and 32 -50 of SHENANDOAH HILLS SUB—
DIVISION, Stonewall Magisterial District, FROM BUSINESS - GENERAL ( -2 ) to
RESIDENTIAL - LIMITED (R -2).
• Deferred for Further Study
Mr. Berg stated the following:
1) Now that the Frederick County Sanitation Authority has completed water and
sewer service to the area, a critical problem is posed.
2) The 1967 Zoning Ordinance had drawn the business district at 400 feet from
the major highways (Routes 7 and 522); which includes the first lots of
Shenandoah Hills that may have activity in the near future.
3) He recommended that the commercial area end at the first lot to bring the
area into compliance with the Land Use Plan.
4) Any business within the narrow strip along Route 7 would be very close to the
highway as well as to single - family dwellings.
5) The terrain would require fill.
6) The drainage structure of the Virginia Department of Highways and Transporta-
tion would render access to Route 7 difficult.
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James R. Wilkins appeared before the Commission to discuss the proposal and
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stated the following:
1) Have preliminary plans for both those lots for a small shopping center to
contain a High's store, barber shop, laundry; and on the other side of the
street to have a branch bank and a doctor's office -- to be screened.
1
2) The highway department took about nine;(9) acres when they built the road.
3) The 150 feet are tentatively planned to be used for parking to accommodate
both sides of the highway.
4) His plans would be the best and highest use of the land,in his opinion.
5) He had contacted the Frederick County Sanitation Authority to guarantee 25
connections (with 2 -1/2 years until completion) and so much consumption of
water and sewer for which the business connections would account for seven
to eight (7 -8) houses.
6) Business use would be set back 15 feet from the line because 20 feet would
not give enough for a building, as well as limits parking.
7) If the rear portion were rezoned, it would necessitate a setback of 25 feet
in the rear and 35 feet in the front.
8) Parking overflow could go across Blossom Drive.
9) Primarily concerned.about two lots on Blossom Drive because
is of no use for residential.
10) Biggest objection is the setback for the building lots.
the other land
This discussion was continued to review the following site)
SITE PLANS
No. 009 -77 VDO (Adolf Schindling Ag) -- M -1, Stonewall Magisterial District.
10 acres in North Frederick or Stine Industrial Park. Manufacturing and assembly
facility. Central water and sewer facilities. Approved by the highway depart-
ment and Sanitation Authority.
Action - Recommended Approval
Mr. Berg stated that the property is bounded by the road that comes in from
Route 11 on the front, and the railroad tracks in the rear. He stated, also,
that the highway department had reviewed and approved the entrance even though
it is located beyond state maintenance.
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Mr.
Berg
said
that parking spaces are
adequate, and that the
building
(360'
x 710')
does
meet
zoning requirements.
He said that ornamental
shrubbery
is
proposed.
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(PC 05/04/77) p 7
Fred Show (Howard Shockey and Sons, Inc.) appeared before the Commission
to represent the applicant.
Mr. Showalter stated that the applicant is a German -based firm for which
his firm had drawn the Site Plan. He said that the proposal is'for light manu-
factoring of instruments for small foreign cars.
He stated that Mr. Maccubbin, Deputy County Engineer, had reviewed and ap-
proved the plans for water drainage.
Upon motion made by Frank Brumback, seconded by Manuel C. DeHaven and ap-
proved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske;
Brumback; Rosenberger; dairman - YES:
BE IT RESOLVED, That the Planning Commission for the Countyiof Frederick, Vir-
ginia does hereby recommend approval to the Board of Supervisors of said County
of the Site Plan No. 009 -77 of VDO (Adolf Schindling Ag). I
PUBLIC HEARINGS Reconvened
AN AMENDMENT TO THE FREDERICK COUNTY ZONING MAP, adopted November 1, 1973, as
• amended, TO ADJUST THE LINE BETWEEN THE BUSINESS - GENERAL ( 2 )land RESIDENTIAL -
GENERAL ( -3 ) ZONES on both sides of Route.522 North in SIM SIDE, Stonewall
and Gainesboro Magisterail Districts, FROM THE WINCHESTER CITYiLIMITS TO THE
INTERSECTION OF ROUTES 522 and 37. 1
Deferred for Further Stud
Mr. Berg described the location of the present zoning line, as well as present
uses adjacent to it. He stated that he assumed.that all the ho I uses that are
zoned commercial are taxed as residential-properties.
Mr. Berg then stated the following:
1) This zoning situation has existed since 1967.
2) He opined that the zoning line is arbitrary and improper -- this area is
grossly overzoned for commercial use according to the amountlof residence
in existance.
3) If the County wishes to discourage strip development, and for Sunnyside to
remain residential, then this zoning change is not in order.
4) He recommended, subject to discussing the proposal with Mr. Elliott, this
property (due to terrain) does not lend itself to a_ cluster of businesses.
® 5) He had altered his recommendations of this area of two years.ago.
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6) He recommended business zoning for the existing filling station, resta-
urant, grocery store, motel, vacant building, gasoline station, and
• restaurants.
The Commission then discussed the proposal at length.
Mr. Berg then asked the Commission for direction before proceeding further.
The majority of the Commissioners had these opinions:
a) The area should be brought into conformance with the Land Use Plan.
b) Further study in more detail is needed because alteration of Mr. Berg's
suggested zoning line change may be needed.
c) A problem definitely exists with the present zoning.
The Chairman asked the Secretary to accept the Commissions' consensus and
proceed.
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HOUSING PLAN Component of the COMPREHENSIVE PLAN Presented
Mr. Berg delivered a capsule summary and information on the three sections
of the.Plan.
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JOINT MEETING Proposed for Commission and Board
The Chairman mentioned a request for a joint meeting with the Board of Super-
visors for the purpose of discussing several items that the Commission is now
working on.
Mr. Snarr opined that the Board should be prepared beforehand with some spec-
ific questions for the Commission.
The Chairman asked the Secretary, since this was the Commission's consensus,
to make plans with Mr. Renalds for a joint meeting of the Planning Commission and
Board of Supervisors.
ADJOURNMENT
Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and app-
roved unanimously,
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BE IT RESOLVED, That the Planning Commission for the County of Frederick, Vir-
ginia 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,
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H. Ronald Berg, Secretary
C. Langdon Gordon, Chairman
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