PC_12-01-71_Meeting_Minutes3l
MINUTES OF THE MEETING
of the
FREDERICK COUNTY PLANNING COMMISSION
Held in the County Office Building, December 1, 1971
The Regular Meeting of the Frederick County Planning Commission
was held in the Supervisors Room of the County Office Building,
Winchester, Virginia, this day and was called to order by the Chair-
man-James W. Golladay at 1:00 P.M.
PRESENT: James W. Golladay, Charles E. Bass, Donald L.
Baughman, Elmer Venskoske, Grover Teets, Jr.,
George Shanks. Also Don E. Krueger and Roy
Jennings, and Robert Shumate.
ABSENT: Maurice W. Perry, Keith Williams.
The meeting began as a joint meeting with the Board of Supervisors
to discuss the prop.*:seiZoning Ordinance. Discussion was conducted
on a page basis with appropriate changes being made in the
proposed Ordinance,as mutually desired by the groups meeting.
At 3:45 P.M. the Board of Supervisors recessed in order that
the Planning Commission might conduct its duly advertised Public
' Hearings.
The Chairman announced the first order of business was the
petition of J.P. Properties, Inc. to rezone 31.625 Acres, located
in Shawnee Magisterial District, from Residential R -1 to Industrial
M -2. Mr. J. Randolph Larrick appeared as Attorney for petitioner.
No one appeared in opposition. Mr. Larrick reveiwed the present
use of the land and stated the reason for rezoning would be to
construct a warehouse for holding merchandise. The back of the
warehouse facing Bill & Bill's Garage would be blank. There being
no further information to be offered the Chairman moved to the
next Public Hearing.
The petition of John Solenberger and William E. Bridgeforth
t/a Royal Drive In Theater, was read. Petitioners were requesting
the rezoning of approximately 43`:1/2 acres in Shawnee Magisterial
District from Residential R -1 to Business B -2. Henry Whiting
Attorney for Petitioners, and Mr. Solenberger appeared before the
Commission. Mr. Whiting stated the intended use of 10 acres of
the land was for a Drive -In Theater and that no use had been
decided upon for the remainder. It was pointed out by the Planning
Commission that the height limitations established in the Airport
Zoning of the Proposed Zoning Ordinance might restrict a drive -in
theater screen. Mr. Whiting stated that access to the land would
be across a sixty (60) foot easement from Route 522. No one
appeared in opposition. There being no further questions for this
hearing the Chairman moved to the next scheduled hearing.
The rezoning application of S. Herbert Shackleford was read.
Said application requested the rezoning of approximately 30 acres
in Opequon Magisterial District from Agricultural A -1 to Residential
R -2. Mr. Shckleford presented a proposed plan for Townhouses to
be built on the 30 acres. He noted that the Townhouses would be
watered and sewered by the Lakeside utilities company. He further
pointed out the proposed recreation area around the lake site and
stated that this recreation land would total approximately 37
acres and would be maintained by Lakeside Estates. Mr. Shanks
appearing as Attorney for Petitioner in this matter noted that
there is a minimum 750' buffer zone between the proposed Townhouses
and the existing Lakeside Estates Subdivision and that access to
the Townhouses will be separate from the Subdivision.
Mr. J. A. McCormick appearing in opposition stated that he had
just traveled over much of the United States and had seen many
Townhouse developments and they looked like "barns ". Further,
that the proposed Townhouses would damage the established Lakeside
Estates Subdivision which Mr. Shackleford has developed. Mr. Hack
stated that he felt the land was not desirable for Townhouses due
to the "good- looking subdivision" adjacent. There being nothing
further on this matter the Chairman moved on to the next hearing.
The next hearing was on the application of Robert J. Crouse,
et ux to rezone a 1.08 acre parcel in Back Creek District from
Agriculture A -1 to Agriculture A -2 for the purpose of establishing
gift shop and grocery store. No one appeared for petitioner.
Douglas Swift, Attorney, Stuart M. Perry, II, Tom Shockey, Barbara
Shockey, Orin L. Thomas, Marguerit6Latham and John Latham appeared
in opposition. Mr. Swift as Attorney for those opposed presented
pictures of the existing land and pictures of existing groceries
in the area. Mr. Swift also presented road maps indicating the
proximity in miles of existing grocery stores and gift shops and
also the locations where grocery stores had once been but were now
closed. Various residents made statements concerning their
opposition to the proposed use.
Mr. Baughman moved that the Public Hearing be closed and the
Planning Commission go into Executive Session.
The motion was seconded by Mr. Venskoske and passed.
After short discussion and upon Mr. Baughman's motion
seconded by Mr. Shanks and passed the Commission came out of
Executive Session.
Upon motion of Mr. Bass, seconded by Mr. Shanks and passed,
BE IT RESOLVED, That the Planning Commission does recommend
to the Board of Supervisors approval of the J & P Properties, Inc.
rezoning petition.
0 , Upon motion of Mr. Baughman, seconded by Mr. Teets and passed,
BE IT RESOLVED, that the Planning Commission does recommend
to the Board of Supervisors approval of the rezoning application
of John Solenberger and William Bridge£orth t/a Royal Drive -In
Theater.
Upon motion of Mr. Teets, seconded by Mr. Baughman and
passed (Mr. Shanks abstained),
BE IT RESOLVED, that the Planning Commission does recommend
to the Board of Supervisors approval of the rezoning application
of S. Herbert Shackleford.
Upon motion of Mr. Shanks, seconded by Mr. Bass and passed,
BE IT RESOLVED, that the Planning Commission does not
recommend approval to the Board of Supervisors of the rezoning
application of Robert J. Crouse.
The Board of Supervisors meeting was then reconvened to
finish considering the proposed Zoning Ordinance. The review of
the proposed Ordinance was continued until completed.
Upon motion of Mr. Venskoske, seconded by Mr. Teets and passed
unanimously,
BE IT RESOLVED, that the Planning Commission does hereby
' recommend adoption of the proposed Zoning Ordinance to the Board
of Supervisors.
The Board of Supervisors then voted to proceed with adoption
of the proposed Ordinance and had the First and Second Readings
by title and established 6:30 P.M., December 20, 1971 as the time
and date of the joint Public Hearing.
Due to the lateness of the hour and the length of the meeting,
the reading of the minutes of the last regular meeting were dispensed
with.
There being no further business to come before the Commission
the meeting was adjourned.
a ectfully submitted,
. 'e�� —
Don E. Kruelger, 0 ecretary
James W. Golladay, hairman