PC_01-07-76_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
• Held in the Board of Supervisors Room, January 7, 1976
PRESENT: Frank Brumback; Thomas Rosenberger; Elmer Venskoske; Keith Williams, Chairman;
James Golladay, Jr.; C. Langdon Gordon; Manuel DeHaven
ABSENT: none
CALL TO ORDER
The Chairman called the Meeting to Order and announced that the first order of busi-
ness to be:
"APPROVAL OF MEETING MINUTES
of November 19, 1975"
Action -- Approval with Corrections
Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved by
the following vote:
Brumback; Rosenberger; Venskoske; Chairman (Williams); Golladay, Jr.;
Gordon; DeHaven - AYE.
• BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby waive reading of the Minutes of November 19, 1975.
BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby approve the Minutes of November 19, 1975 with the following corrections
(1) Page 6, Paragraph 9 . . . 11 2 -1. AREA REQUIREMENTS: The minimum lot area for permitted
uses shall be seventy- thousand (70,000) square feet. The maximum density shall be one (1)
dwelling unit per seventy- thousand (70,000) square feet.
(2) Page 8, Paragraph 2, Line 3 . . . "the estimated property value, etc."
ELECTION OF OFFICERS for the Year of 1976
Action -- Chairman Elected (C. Langdon Gordon
Incumbent Chairman, Keith Williams, declared nominations open for Chairman.
_ NOMINATED FOR CHAIRMAN '.N ominated By Seconded by
Thomas Rosenberger Manuel DeHaven None - Motion Died
Keith Williams Elmer Venskoske C. Langdon Gordon
C. Langdon Gordon Thomas Rosenberger Frank Brumback
Elmer Venskoske Manuel DeHaven Keith Williams
Upon motion made by Elmer Venskoske, seconded by James Golladay, Jr. and approved by
• the following vote:
Brumback; Rosenberger; Venskoske; Chairman (Williams);
Golladay, Jr.; Gordon; DeHaven - AYE.
(PC 01/07/76) P. 2
1
BE IT RESOLVED, That the Planning Commission for the County of Frederick,. Virginia
does hereby close the nominations for Chairman of the Planning Commission for the County
of Frederick, Virginia.
Chairman (Keith Williams) asked for the Commission's vote, as follows, for Chairman
of the Planning Commission for the County of Frederick, Virginia.
NOMINEE I VOTE
t Keith;Williams : Gordon; Venskoske . . . . . . . . . . . . . . . . . YES 2
DeHaven; Golladay, Jr.; Rosenberger; Brumback . . . NO . . . . .. . 4
C. Langdon Gordon DeHaven; Venskoske; Rosenberger; Brumback . . . YES . . . . 4
Gordon; Golladay, Jr. . . . . . . . . . . . . NO . . . . 2
Elmer Venskoske DeHaven; Gordon; Golladay, Jr. . . . . . . . . . . YES . . . . . . 3
Venskoske . . . . . . . . . . . . . . . . . . . . ABSTAINED . . . 1
Rosenberger; Brumback . . . . . . . . . . . . . . NO . . . . . . 2
Incumbent Chairman, Keith Williams, declared that MR. C. LANGDON GORDON, having
received the.majority vote, is the DULY ELECTED CHAIRMAN of the Planning Commission for
the County of Frederick, Virginia for the Year of 1976.
Mr. C. Langdon Gordon assumed Chairmanship duties and proceeded to the election of the
Vice Chairman; after stating that he would do his very best to serve as Commission Chairman.
ELECTION OF OFFICERS for the Year of 1976
-- Vice Chairman Elected (Frank Brumback
is
The Chairman (C. Langdon Gordon) declared nominations open for Vice Chairman of the
Planning Commission for the County of Frederick, Virginia for the Year of 1976.
NOMINATED FOR VICE CHAIRMAN Nominated By Seconded By
Frank Brumback Thomas Rosenberger Keith Williams
Elmer Venskoske Manuel DeHaven James Golladay, Jr.
Upon motion made by Chairman, seconded by Keith Williams and approved by the following
vote;
Brumback; Rosenberger; Venskoske; Williams; Golladay, Jr.;
Chairman (Gordon); DeHaven - AYE.
BE IT RESOLVED,'That the Planning Commission for the County of Frederick, Virginia
does hereby close the nominations for Vice Chairman of the Planning Commission for the
County of Frederick, Virginia for the Year of 1976.
Chairman (Gordon) asked the Commission's vote, as follows, for Vice Chairman of the
I[
Planning Commission for the County of Frederick, Virginia for the Year of 1976.
NOMINEE
VOTE
Frank Brumback Williams; Rosenberger; Chairman (Gordon) . . .
. . YES . . . . . . 3
DeHaven; Golladay, Jr . . . . . . . . . . . . .
. . NO . . . . . . 2
Venskoske; Brumback . . . . . . . . . . . . .
. . ABSTAINED . . . 2
Elmer Venskoske DeHaven; Golladay, Jr . . . .. . . . . . . . .
. . YES . . . . . . 2
Williams; Rosenberger; Chairman (Gordon) . .
. . NO . . . . . . 3
Venaknaka: Rrnmhack - - - - - - - _ _ - - - -
- - ARSTATNRn . . - 2
(PC 01/07/76) P. 3
The Chairman declared MR. FRANK BRUMBACK DULY ELECTED by majority vote as VICE CHAIRMAN
of the Planning Commission for the County of Frederick, Virginia for the Year of .1976.
• PLANNING COMMISSION MEETING SCHEDULE
for the Year of 1976
Action -- Time, Day, Meeting Place Decided
The Commission discussed the fact that the previous schedule had been satisfactory with
all concerned.
Upon motion made by Frank Brumback, seconded by Keith Williams and approved by the
following vote:
DeHaven; Williams; Golladay; Venskoske; Rosenberger; Brumback - AYE.
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby resolve to continue the same meeting schedule in 1976 as in 1975: First and
Third Wednesday of Each Month at 2:00 P.M. in the Board of Supervisors, Room, 9 Court Square,
Winchester, Virginia.
A -95 REVIEW -- Surry Square Townhouses
Stephens City, Virginia
Action -- Recommended Approval
• H. Ronald Berg read (as follows) from the letter from LFPDC by R. Edward Duncan of
December 15, 1975 that was addressed to him:
"We are in receipt of an A -95 Review Project concerning the construction of 56 townhouses
by Apple Town, Inc., in Stephens City. The Surry Square project is generally west of
Germain Street between Locust and Filbert Streets. The developer seeks Farmers Home Admin-
istration assistance for individual buyers.
It is requested that the Planning Commission and interested persons review the above project
and provide us with any appropriate comments and /or recommendations. I would like to have
these comments by January 8, 1975, if conveniently possible. This would allow us to present
it to the Planning District Commission for their consideration on that day."
Mr. Berg showed the Commission the plat of the townhouse development location in re to
Germain Street and Ravenwood Road.
Mr. Berg read the letter (as follows) from Mr. Bruce Edens, Town Manager, Stephens
City, Virginia to Mr. R. Edward Duncan ( LFPDC):
"I have received your memorandum concerning the A -95 Review project for Apple Town, Inc. -
Surry Square Subdivision.
This plan was approved on a preliminary basis by the Stephens City Town Council some time
ago and I can see no reason, at this time, why the final plat will not also be approved when
• presented.
I cannot foresee any major impact upon the Town resulting from this subdivision. The only
areas affecting the Town are traffic, which we feel can be dealt with satisfactorily."
Mr. Berg stated that they are interested in a recommendation or comments from the
7
Commission. _ ;, � V ,
(PC 01/07/76) P. 4
Mr. Berg spoke of the density when he said that there are planned fifty -six (56) town-
houses contained on 2.24 acres with 1.6, 1.1, 1.36 (three each) common areas and a total land
• area of 8.4 acres; equalling seven (7) units per acre.as a relatively low density.
Upon motion made by Keith Williams, seconded by Thomas Rosenberger and approved by
the following vote:
DeHaven; Williams; Golladay, Jr.; Venskoske; Rosenberger; Brumback -- YES.
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does
hereby recommend approval to the Lord Fairfax Planning District Commission of A -95 Review -
Surry Square Townhouses, Stephens City, Virginia.
PROGRESS REPORT - Brumback Committee
Action -- To Be Continued
Frank Brumback stated that his committee is in the process of drafting some recommen-
dations for strip residential development control but there are legalities remaining to be
checked out. He also stated that they may be in a position to make these recommendations at
the next meeting (January 21, 1976).
• SCENIC BYWAYS - Route 723
Action -- Expressed Interest and Support
Mr. Berg reiterated, for Mr. Rosenberger's information, previous discussion of Route
723 and read from the letter (as follows) dated December 2, 1975 from Mr. Rob R. Blackmore,
iDirector, Commission of Outdoor Recreation, Commonwealth of Virginia:
"The Virginia Byway program is basically a program designed to give official recognition to
the more outstanding scenic, historic or /and recreational roads in Virginia. The Virginia
Byway effort is a cooperative program among the local unit(s) of government, the Department of
Highways & Transportation and the Commission of Outdoor Recreation.
To answer the specific questions raised in your letter, attached are copies of the procedures
and criteria ... "
Mr. Berg continued . .
" Provided Route 723 is designated as a Virginia Byway the following steps would be taken:
(1) The-road corridor would be officially recognized as having outstanding scenic, historic
or natural characteristics. (2) The designated segment would be signed with distinctive signs
which identify the route as a Virginia Byway. (3) Route 723 would be identified on future
highway maps as a Virginia Byway.. "(4) Local land use controls would be relief upon to ...
'--- reasonably protect the aesthetic or cultural value of the highway'.
The Scenic Highways and Virginia Byways Act provides the opportunity for any of the affected
• local governing bodies to request a public hearing prior to designation by the State Highway
Commission. (See 33.1 -62 of the Act - attached.)
The final decision for recommendation is made by the Commission of Outdoor Recreation. The
final decision on designation is made by the State Highway Commission."
(PC 01/07/76) P. 5
Mr. Berg referred to the nine (9)- point procedures (enclosed with letter) contained
• in_the.Commission's Agenda. He stated that they are only interested in the Commission's
comments.
Location of Route 723 was discussed by the Commission and that the Highway Department
had made it explicitly clear that they will only be putting up a sign as designation. He
also stated that zoning, of itself, would likely be sufficient protection for the County.
Mr. Williams stated his belief that this proposal dovetails with the proposed Land
Use Plan and the Brumback Committee research.
Upon motion made by Keith Williams, seconded by Frank Brumback and approved by the
following vote:
DeHaven; Williams; Golladay, Jr.; Venskoske; Rosenberger; Brumback -- AYE.
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby express interest and support to the Commission of Outdoor Recreation, Common-
wealth of Virginia that Route 723 be designated as a Scenic Byway.
PROGRESS REPORT - Land Use Plan
• Action -- To Be Continued
Mr. Berg showed the Commission a revision,(as of the Work Session of December 17, 1975)
and stated that the Engineering Department has not completed their Study.
Mr. Berg stated that at the next meeting there will be two (2) recommendations for the
text presented by the Brumback Committee.
Mr. Berg also stated that he had asked the Board of Supervisors' Chairman, Mr. Koontz,
if the Board would be willing to meet -with the Planning Commission in Work Session and that
Mr. Koontz was very much in agreement. Mr. Berg asked the Commission's feelings in re to
agreeable time.
The Commission discussed the proposed meeting and best time.
Mr. Rosenberger commented that he would be very much in favor of having this meeting
within the next week, if possible. He also said that he felt the Planning Commission and
the Board of Supervisors should work closely together at all times.
• CHAIRMAN DIRECTED MR. BERG to set up an evening meeting with the Board of Supervisors
as soon as possible.
(PC 01/07/76) P. 6
Mr. Berg showed the Commission the Urban District boundaries as follows:
City Limits TO Interstate 81 interchange with Route 11,
• North on Routes 11 and 664 -- central water service only.
Route 522 TO Route 37 TO Route 7, including Shenandoah Hills, Burning
Knolls and Frederick Heights, airport and commercial area along Route
522 -- Urban District Boundary.
Opequon, Bufflick Run, Abrams Creek -- Drainage Areas.
The Commission discussed the forementioned boundaries, etc., of the scaled -down version
of the Land Use Plan.
Mr. Berg stated that he will have more details available at the next Planning Commis -L;
sion meeting (Work Session of January 14, 1976).
He stated that the map corresponds with the latest Regional Authority survey that was
conducted by Alexander Potter Associates.
PUBLIC HEARINGS - Conditional Use Permit
An application for Conditional Use Permit of DENNY'S, INCORPORATED to operate a restaurant
with dancing on premises, located on the South side of Route 7,�approximately 0.9 miles
East of Routes 7 and 81 overpass (Interchange 81); in Stonewall Magisterial District.
t Action -- Recommended Approval
Mr. Berg read the application to the Commission, stating that the proposed new build-
ing will be approximately 7200 square feet; the property is now zoned B -2. He stated,
while showing the Commission the plat, that there is an existing single - family dwelling
on;the= property.
Mr. Berg stated that the proposed building would be fifty feet (50') behind the High-
way Department right -of -way, one - hundred- twenty feet (120') from trailer park right -of -way,
ninety -seven feet (97') from property line of the trailer park, one - hundred - ninety -seven
feet (197') from Mr. Hanes (adjoining property).
Mr. Berg emphasized that he was not'showing the Commission a site plan, but just a
Conditional Use Permit application for dancing on premises.
Mr. Berg read from the Zoning Ordinance Section 10 -1 -28.
Mr. Dennis Cole (President of Denny's, Inc.) appeared before the Commission. Mr. Cole,
in answer to the Commission's questions, stated that he owns almost three (3) acres at the
site of the proposed building, and has received,no objections from neighbors re the proposed
dancing.
6 -,VEO�,
(PC 01/07/76) P. 7
Mr. Berg .stated that parking would not be considered because this is not a proposed
• site plan.
Mr. Cole stated that there will be adequate parking facilities because of the amount
of money he will be spending and, he added, it will not be open until 1977.
Upon motion made by Thomas Rosenberger, seconded by Keith Williams and approved by
the following vote:
DeHaven; Williams; Golladay, Jr.; Venskoske; Rosenberger; Brumback - AYE.
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval to the Board of Supervisors the application for Conditional
Use Permit of Denny'.s, Inc. to operate a restaurant with dancing on premises, located on
the South side of Route 7, approximately 0.9 miles East of Routes 7 and 81 overpass (Inter-
change 81); in Stonewall Magisterial District.
PUBLIC HEARINGS
An Ordinance to amend the Frederick County Zoning Ordinance adopted November 1, 1973 to
ADD SECTION 10 -1 -38 TO READ:
10 -1 -38 COMMERCIAL RECREATIONAL AREAS: A lot or tract for public recreation, public dis-
plays or public activity to be operated by individuals or corporations for profit; with a
• Conditional Use Permit.
• Action -- Tabled
During the Commission's consideration of Zoning Map Amendment Petition No. 006 -76 Mr.
Benjamin Butler Counsel for Mr. William H. Madigan, requested tabling allow him (Mr.
Butler) time to work with Mr. Berg on same.
Upon motion made by Keith Williams,,seconded by Thomas Rosenberger and approved by the
following vote:
DeHaven; Williams; Golladay, Jr.; Venskoske; Rosenberger; Brumback -- YES.
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does
hereby table action on the Ordinance to amend the Frederick County Zoning Ordinance to add
Section 10 -1 -38 (Commercial Recreational Areas) until advertised for the March meeting so
that it may be considered before -the Zoning Map Amendment Petition No. 006 -76 of'William H.
Madigan.
PUBLIC HEARINGS - Rezoning Application
Zoning Map Amendment Petition No. 006 -76 of WILLIAM H. MADIGAN, Route 1, Box 111, Berryville,
Virginia, hereby requests that 4.048 acres, more or less, located approximately 0.4 miles
Southeast of intersection with Routes 656 and 657, now zoned Agricultural - General (A -2) be
rezoned: Business - Genral (B -2). The parcel is designated as,65- (A) -17 on Tax Map 65 and
is in Shawnee Magisterial District.
• - Action -- Tabled
(PC 01/07/76) P. 8
Mr. Berg read the application'to the Commission and stated that it is proposed that
the property be used for Commercial- Recreational Area with a thirty -foot by fifty -foot
• (30' X 50') buil ding constructed to be used for a museum. Mr. Berg stated that Petition
No. 006 -76 was dependent upon the Commission's recommendation of the proposed Zoning Ordi-
nance Amendment to Section 10 -1 -38 re Commercial Recreation Areas.
Benjamin Butler, Counsel for Mr. Madigan, appeared before the Commission and stated
that he certainly did,not want to direct criticism at the Commission but he was uncertain
of the language contained in the Zoning Ordinance Amendment Section 10 -1 -38 because it may
be a problem to the Commission with exhibits during the Bi- Centennial Year. He also stated
that he had not had an opportunity to review the application.
Mr. Butler requested of the Commission that the Petition No. 006 -76 be tabled until he,
Mr. Butler, had an opportunity to work with Mr. Berg.
Opposition
Mr. George Sempels (Route 6, Box 279), Shawnee District, adjoining property owner,
• appeared before the Commission. Mr. Sempels stated that he did not know enough about what
is proposed. He also stated that, to rezone from residential to business, would change the
entire - area.
Mr. Butler stated that.Mr. Madigan would be happy to meet outside of the meeting with
interested parties.
Opposition
Mr. Bobby Tucker appeared before the Commission and stated that he lives adjacent to
Mr. Madigan. He stated that he had requested the opinion of Mr. Jack Ireland (real estate
agent) and that he was told by Mr. Ireland that a movie museum would take away twenty per-
cent to twenty -five percent (20% -25 %) of his, Mr. Tucker's, property value. Mr. Tucker
stated that his house is approximately fifty to seventy -five yards (50 -75) from the building
that has already been constructed.
Opposition
• Mr. Leon Pope appeared before the Commission and stated that he had lived on Malloy
Drive since 1960. He spoke highly of the subdivision and the excellent care that owners
take of their property. He suggested that one (1) rezoning may lead to more in the future.
(PC 01/07/76) P. 9
Opposition
Mr. Z. E. Letterman appeared before the Commission (Route 5, Box 269) and stated that
he is an adjoining property owner. He stated that he had helped develop the area that was
restricted when most people purchased. He said that there now exists trash and traffic
problems which would be worse if rezoning is approved.
Opposition
Mr. Donald Broat appeared before the (Route 6, Box 268) and stated that his
land also adjoins Mr: Madigan's and that his objection is the ruining of the aesthetic
value of residential area
Opposition
Mr. Edward Sullivan, Malloy Drive, appeared before the Commission and stated that he
lives across the street from the proposal and is in opposition because it will decrease
property value.
Upon motion made by Keith Williams, seconded by Frank Brumback and approved by the
• following vote:
DeHaven; Williams; Golladay, Jr.; Venskoske; Rosenberger; Brumback -- YES.
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby table Zoning Map Amendment Petition No. 006 -76 of William H. Madigan for rezoninc
4.048 acres from Agricultural - General (A -2) to Business - General (B -2), Shawnee Magisterial
District, until March meeting (when convenient to be advertised) following Planning Commis-
sion recommendation of Zoning Ordinance Amendment proposal to add Section 10 -1 -38 (Commer-
cial Recreational Areas).
PUBLIC HEARINGS
Zoning Map Amendment Petition No. 007 -76 of E. LYNN BEIGHTOL and SEYMOUR KRIWINSKY, T/A
FORECAST INVESTMENTS, 660 North Loudoun Street, Winchester, Virginia hereby requests that
20.933 acres, more or less, bounded on the North by Route 672 (401.12').; on the West by*
Route 81 (633.03'); and on the East by Penn Central Railroad (2000.86 now zoned Agri-
cultural, General (A -2) be rezoned: Business, General (B -2). This parcel is designated
as 33 -(A) -164 on Tax Map 33 and is in Stonewall Magisterial District.
Action ?= Recommended Approval
Mr. Berg read the application to the Commission and stated that the proposed use will
be retail stores and it proposed that a two (2)- story building be constructed (3500
square foot per floor) with contemporary exterior cedar siding. He stated that it is pro-
posed that parking spaces be provided for seventy -five (75) cars and a setback of one-
hundred feet (100') to any highway, street, or road center line.
I
(PC 01/07/76) P. 10
Mr. Largent, representing Mr. Beightol, appeared before the Commission and stated
0
that this tract had been before the Commission once before as a rezoning applicant from
M -1 to M -2. He said that he had been hesitant because of the water that runs through the
land.
Mr. Largent stated that the location seems ideal for B -2 Zoning.
He said that the small shopping center will begin with construction of one (1) store
and will develop an area of retail establishments.
Mr. DeHaven pointed out that the stream that runs through that property also runs
through Clearbrook State Park that contains a swimming pool.
Mr. Largent stated that industrial waste will not be a problem because they will have
to arrange for their own septic and drainfields; therefore, not really affecting the stream.
Mr. DeHaven stated that Mr. Largent had only specified one (1) type of anticipated
business establishment.
Mr. Brumback asked Mr. Largent what kind of a committment he could give that the
•
stream would not be polluted.
Mr. Largent stated that he knew of no other commitment he could make other than to
verbally state that they would not pollute the stream and, he said, the County could take
action if it should ever be a problem. He again stated that industrial waste would not be
involved as it would be for M -1 or M -2 Zoning. He also stated that they would be interested
in keeping the stream void of pollution because it would be very attractive to the shopping
area.
Mr. Largent stated that the one (1) store would be very small -- less than an acre,
including parking.
Mr. Beightol appeared before the Commission and stated that one of the reasons they.
had applied for B -2 Zoning was to keep the stream from being polluted in any way. He
stated that.the planned building will be about four - hundred to five - hundred (400 -500) yards
from the stream. He said that the stream cuts off about five (5) acres on the South side
• and sixteen (16) acres on the Norht side. He said that they want to: locate on the North
side as far from the stream as possible. He stated that they will limit the amount of
drainfields; thus limiting the number of buildings. I
(PC 01/07/76) P: 11
Mr. Beightol stated that the completed shopping center will involve around three (3)
or four (4) acres; leaving the stream area undisturbed. He also stated that,;he owns
• twenty -one (21) acres altogether there now.
Mr. R. Wesley Williams, Health Department, stated that the stream would limit the
square footage of allowable drainfields. He said that the Sanitation Department this morn-
ing had commented that the soil is suitable for subsurface sewage system. He stated that
the allowable employee total would be limited due to the drainfield limitation and subsurface
sewage system.
Mr. Beightol stated that the first building would be in the triangle of Routes 81 and
671.
Upon motion made by Keith Williams, seconded by James Golladay, Jr. and approved by
the following vote:
DeHaven; Williams; Golladay, Jr.; Venskoske; Rosenberger; Brumback -- YES.
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend approval of Zoning Map Amendment Petition No. 007 -76 of E. Lynn
• . Beightol and Seymour Kriwinsky, T/A Forecast Investments to rezone 20.933 acres, more or
less, from Agricultural, General (A -2) to Business, General (B -2); Stonewall Magisterial
District. -
PUBLIC HEARINGS
Zoning Map Amendment Petition No. 008 -76 of EFG CORPORATION, Route 6, Box 239A, Winchester,
Virginia hereby requests that 0.898 acres, more or less, located on the South side of Route
50 East, approximately 0.4 miles East of intersection with Route 522 South, now zoned Busi-
ness, Limited (B -1) be rezoned: Business, General (B -2). This parcel is designated as
64- (A)- 97 -98 -99 on Tax Map 64 and is in Shawnee Magisterial District.
Action -- Tabled
Mr. Berg read the application to the Commission and stated that the property has a
frontage of two- hundred - thirty -five point zero -five feet (235.05') and a -depth of one -
hundred- fifty -two point zero -five feet (152.05'). He stated that it is proposed to use
the property for retail sales and service for Winchester Harley Davidson Motorcycle Shop
with the construction of a metal building of approximately eight- thousand (8,000) square
feet ml:_t h_ proper parking for B -2 Zoning (at least 'sixty feet).
Mr. Benjamin Butler, representing applicant, appeared before the Commission and
• stated that Blaine Wilson is being considered for building, while showing it on the plans.
(PC 01/07/76) P. 12
Mr. Butler stated that this property is adjacent to the land that was rezoned recently
for George Washington Motors and, he said, it ties in directly with the Land Use Plan about
• the Highway Commercial development. Mr. Butler said that the business involved is the same
as is being presently operated on Front Royal Road. He also said that the radiator shop
will be between the proposal and the GW Motors on the West.
The Commission discussed the proposed location.
Mr. Butler stated that there is a sixty -foot (60') right -of -way dedicated to the High-
way Department for industrial access road.
Mr. Williams asked if this tract contains landfill.
Mr. Butler replied that it does contain landfill.
The Chairman asked about the sewerage plans.
Mr. Butler stated that he had had a couple meetings with Mr. Ed Masick of the Health
Department and that a gentleman from Richmond will also be meeting with them on Thursday.
He said that it is his understanding that they would have to haul the proper type of fill
• in and that the fill would have to be of the proper compactness to pass their regulations;
which we plan to comply with. He stated that Perry Engineering is working with Mr. Musick.
He stated that they will, hopefully, get water and sewer soon.
Mr. R. Wesley Williams, Health Department, stated that it is common practice not to
install drainlines in fill -- they generally have to be in virgin soil. He stated that
his contact with the Sanitation Department this morning had said that it is under advise-
ment and, he stated, he assumed that a soil scientist would be brought in from Richmond.
r
Mr. Butler suggested the health permit as a condition precedent to the rezoning appli-
cation and a discussion followed. Then Mr. Butler stated that several appointments with
the Health Department have been cancelled and tabling of the application would delay them
until early Spring or March in appearing before the Planning Commission. Chairman stated
that the Commission appreciates Mr. Grove's position. Mr. Venskoske asked Mr. Grove if
he is presently in business and if tabling of the application would present him with a
• hardship to which Mr. Grove replied that he is presently in business and it would not be
a hardship.
The Commission discussed zoning of land surrounding the applicant's.
�) Av ,
(PC 01/07/76) P. 13
Opposition
Ms. Estelle Dyke appeared before the Commission and stated that there is a mess across
• the road that, with all due respect, the County has been unable to clear up (Mr. Foltz did
get rid of some of his trucks). She stated that she objects to the racket and.the type of
clientele a motorcycle shop may attract. She said that she had lived there, off and on,
for twenty (20) years and that the majority of the neighbors are middle -aged. She stated .
that there are seven (7) single - family dwellings and none could get a decent sale price.
She suggested that if the County is going to rezone to allow objectionable businesses
across the road then rezone their side so that they can get a decent sale price and move out
Opposition
Ms. Jan Carter appeared before the Commission and stated that she lives across the
road from the petition for rezoning. She stated that Mr. Foltz and Mr. Smith are zoned
B - 1 and the County cannot keep it cleaned.up. She said that if the proposal is rezoned
B -2 it will just be beginning another problem.
Opposition
• Ms. Olive Artere appeared before the Commission and stated that she has lived across
the road form the application for twenty -five (25) years and, she also stated, she would
like to see the property stay as B -1 zoning to prevent further problems.
Upon motion made by Thomas Rosenberger, seconded by Frank Brumback and approved by
the following vote:
DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES and Williams - NO.
BE IT RESOLVED,. That the Planning Commission for the County of Frederick, Virginia
does hereby table Zoning Map Amendment Petition No. 008 -76 of EFG Corporation until a permit
can be obtained from the Health Department.
PUBLIC HEARINGS
An Ordinance to amend the Frederick County Zoning Ordinance adopted November 1, 1973 to
amend Section 23 -20 to read:
23 -20 DWELLING: Any structure which is designed for use for residential purposes except
hotels, boarding houses, lodging houses, tourist cabins, apartments, and mobile homes.
An Ordinance to amend the Frederick County Zoning Ordinance adopted.NOVember 1, 1973 to
amend Section 23 -23 to read:
23 -23 DWELLING, SINGLE FAMILY: A structure, not a mobile home, arranged or designed to
• be occupied by one (1) family, the structure having only one (1)'dwelling unit.
An Ordinance to amend the Frederick County Zoning Ordinance adopted November 1, 1973 to
amend Section 23 -54 to read:
23 -54 :� MOBILE HOME: A mobile home is a unit designed for transportation, after fabrica-
tion, on streets and highways on its own wheels, built on a metal chassis or under frame
�3
(PC 01/07/76) P. 14
and arriving complete and ready for occupancy at a site where it is to be occupied; except
for minor and incidental unpacking and assembly operation, location on jacks or permanent
foundations, connection to utilities and the like. These units are titled by Virginia
• State Division of Motor Vehicles and carry the seal of the Mobile Home Manufacturing Asso
ciation, as well as the State of Virginia.
Mr. Berg read the above proposed Zoning Ordinance amendments to the Commission and
stated that in a recent court case the judge indicated the County's definitions of mobile
homes and single family dwellings were similar enough that he (the judge) felt that mobile
homes met the definition of a single family dwelling and, therefore, could be put into a
Residential Zone. He stated that the forementioned amendments were proposed to clear up
this ambiguity.
Mr. Berg stated that a distinction is made in that a mobile home has a metal chassis
and a modular home has a wooden floor joist, and pointed out to the Commission that a key
word to consider is "structure ".
Mr. Berg also stated that the forementioned amendments are substantially ninety -nine
percent (99 %) of what had previously been used and mentioned that other counties are
• occasionally using our Ordinances as a guideline for theirs. He said that mobile homes are
difficult to define.
Upon motion made by Keitki Williams, seconded by Elmer Venskoske and approved by the
following vote:
DeHaven; Williams; Golladay, Jr.; Venskoske; Rosenberger; Brumback -- YES.
BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia
does hereby recommend adoption by the Board of Supervisors of Ordinances to amend the
Frederick County Zoning Ordinance adopted November 1, 1973 to amend Sections 23 -20, 23 -23
and 23 -54 as proposed.
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 NOTHING FURTHER TO COME BEFORE THE COMMISISON, THE MEETING WAS ADJOURNED.
• RESP^CTFULLY SUBMITTED,
H. Ronald Berg, Secretary
C. Langdon Cordon, Chairman 1�