PC_10-06-71_Meeting_Minutes: �9
• MINUTES OF THE MEETING
of the
FREDERICK COUNTY PLANNING COMMISSION
Held in the County Office Building, October 6, 1971
The Regular Meeting of the Frederick County Planning Commission
was held in the Supervisor's Room of the County Office Building,
Winchester, Virginia, this day and was called to order by Chairman
James W. Golladay at 3:30 P. M.
PRESENT: James W. Golladay, Maurice W. Perry, Elmer Venskoske
and Grover Teets, Jr. Also Roy Jennings and Don E.
Krueger.
ABSENT: Charles E. Bass, Keith Williams and Donald L. Baughman.
The Chairman announced a quorum was present and the meeting continued.
The Minutes of the Special Meeting of September 8, 1971 were approved
as read.
The Commission was approached by Walter Young, Owner of Buck's -Kin
Lodge located in Gainesboro District. Mr. Young stated that his
resort contained some 700 acres and had beehin opegation since 1951
and the airfield on his land had been open since 1960. Mr. Young
was asked to supply a plat of his property in order that it could be
plotted on the Zoning Map. He was told by the Chairman that since
his operation had begun prior to the approval of the Zoning Ordinance
it was allowable as an existing nonconforming use, however he would
have to obtain a conditional use permit for his airport.
The next order of business was the Public Hearing upon the letter
petition of James R. Wilkins, Inc. The Petition was read by the
Secretary and requested rezoning of Lots 1 to 5 inclusive of the
Brookland Heights Subdivision, containing approximately nineteen (19)
acres, situate in Shawnee Magisterial District, lying on the south
side of Virginia Route 659 from Residential (R -1) to Residential (R=2)
for the purpose of constructing apartments. No one appeared in
opposition; Mr. Wilkins appeared after the Public Hearing on his
request had closed. The Commission studied the plat of the property
and after short discussion moved to the next order of business.
The next order of business was the Public Hearing on the Petition
of the Clearbrook Woolen Company, Inc. The Petition read by the
Secretary requested ninety (90) acres, situated in Stonewall Magisterial
District lying on the East side of U. S. Route 11 and being divided
by Virginia Route 672 (Brucetown Road). Land lying north of Virginia
Route 672 to be rezoned from Agricultural (A -1) to Industrial (M -1)
and the land lying south of said road to be rezoned from Agricultural
(A -1) to Agricultural (A -2) to permit use of the land as a camp
ground. No one appeared in opposition. Those appearing in favor
were:
W. H. Lawrence, Jr. - Clearbrook Woolen Company, Inc.
W. H. Lawrence III - Clearbrook Woolen Company, Inc.
E. C. Lawrence - Clearbrook Woolen Company, Inc.
William A. Johnston - Attorney for Petitioners
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• Mr. Johnston explained the petition request to the Commission using
the map of the property which was an exhibit to the petition. It
was explained that the Company had an existing water supply consisting
of a stream and wells and had a water storage capacity of approximately
1,350,000 gallons. Petitioners stated thay were looking for a "dry"
industry whose only wastewater was from domestic waste. There
being nothing further the Chairman moved to the next Public Hearing.
The next Public Hearing was upon a Petition signed by twenty (20)
lot owners of the thirty -one (31) lots contained in the Hunter M.
Stine Estates Lots located just north of the City of Winchester on
both sides of U. S. Route 11. Appearing for this hearing were:
Leah E. Tavender
Grace M. Lofton
Clatus T. Lofton
Virginia Lee White
James E. White
Douglas Shright
Bertha C. Snapp
Russell Larrick
Walter K. Tavender
Margaret D. Keesling
Alice Russell
Douglas E. Russell
Mrs. Driver
. Betty K. Newlin
Mark W. Armel
Mrs. H. Pifer
Herman J. Pifer
E. E. Keesling
Tom Brumback
Preston Moffet
and Benjamin M. Butler, Attorney for Petitioners.
Mr. Butler presented the petitioners'
request by showing pictures of existing ho
a deed to one of the properties indicating
the land in question to be residential and
a subdivision and therefore should be used
never should have been rezoned.
view for the rezoning
nes in the area, presenting
a restictive covenant for
stating that this was
for residential only and
During much loud discussion by parties on both sides of the
issue the following was presented:
1. The majority of home owners wanted the land rezoned to
residential.
2. There is a legal question involved; should the land remain
zoned Commercial and Industrial due to the deed covenant of
residential only.
3. Those opposed to the residential rezoning felt that the area
should be commercial or industrial due to:
' a. Railroads behind lots on both sides of Route 11.
b. Shockey Brothers working behind lots on the West side
of Route 11 creating a noise and dust problem.
C. Deed was no longer valid since it contained a provision
that no sale could be made to Negroes which provision is now
unconstitutional.
c3 �l
A letter from Mr. I. Fred Stine, developer of the subdivision, was
• read and which in substance stated that his intent was for the area
to be residential.
Upon motion of Mr. Teets, seconded by Mr. Venskoske and passed
the Public Hearing was closed.
Upon motion of Mr. Venskoske, second by Mr. Perry and passed
the Commission went into Executive Session.
After a short discussion, upon motion of Mr. Perry, second by
Mr. Venskoske and passed the Executive Session was closed and the
meeting was open to the Public.
Mr. Perry made a motion that the petition of James R. Wilkins,
Inc. be forwarded to the Board of Supervisors with the recommendation
that the petition be approved with the stipulation that a building
permit will not be issued until building plans, water and sewer plans
and a completed agreement with Winchester for water sewer service
are presented.
The motion was seconded by Mr. Teets and passed.
On motion of Mr. Perry, second by Mr. Venskoske and passed the
petition of Clearbrook Woolen Co., Inc. was forwarded to the Board
of Supervisors with the recommendation that the petition be approved
. subject to any industry locating in the M -1 area shall be a "dry"
industry, ie., create only domestic waste, and that the camp ground
shall have approved sewerage facilities.
On motion of Mr. Venskoske, second by Mr. Teets and passed the
petition of the residents of the Hunter M. Stine Estates lots is not
recommended to the Board of Supervisors for approval.
There being no further business to come before the Commission
the Meeting was adjourned at 6:10 P. M.
Respectfully submitted,
on E. Ki Secretafy
James W. Golladay, Chairman