PC_11-16-72_Meeting_Minutes�5
MINUTES OF THE SPECIAL MEETING
. of the
FREDERICK COUNTY PLANNING CaMMISSION
Held in the Board of Supervisors Room, November 16, 1972
PRESENT: James W. Golladay, Charles E. Bass, George Shanks, Manuel C. DeHaven,
and Keith Williams.
ABSENT : Maurice W. Perry, Elmer: Venskoske
The Chairman called the Meeting to Order at 2 :50 P.M. and announced the
first order of business was the Public Hearing of George M. and Ruth G.Kelchner to
rezone a parcel of land, known as Lot 1 of the Lots of John W. Hoover, located at
the northwest corner of the intersection of U.S. Route 50 and Virginia Secondary
Route 654 in Gainesboro Magisterial District.
The Secretary read the rezoning application requesting the zoning be changed
from Agricultural (A -1) to Business (B -2).
No one appeared in favor or in opposition of the rezoning.
The Chairman announced the next order of business ' was the Public Hearing of
James N. Marlow, Inc, to rezone a parcel of land containing 19.506 acres located in
Opequon Magisterial District.
The Secretary read the application requesting a zoning change from Agricultural
(A -2) to Residential (R -2).
Noerone appeared in favor or in opposition of the rezoning.
Upon motion of Mr. Shanks, seconded by Mr. DeHaven and moved that the applica-
tion be tabled until the end of the meeting.
The Chairman announced the next order of business was the Public Hearing of
Jasbo, Inc. to rezone a parcel of land containing 38.371 acres in Shawnee Magisterial
District.
The Secretary read the application requesting the zoning change from Residential
(R -1) to Residential (R -2).
After the Chairman asked if there was anyone to speak in favor of the applica-
tion, Mr. James L. Bowman appeared on his own behalf. He presented his plat showing
the property in question and surrounding properties and what the surrounding areas
were zoned.
Mr. Shanks asked to see the maps so that he might see the overall perspective
of the immediate area.
Next, Mr. Shanks asked Mr. Bowman what road access he would have. Mr. Bowman
replied that he would have whatever the Highway Department required.
Mr. Bass asked Mr. Bowman what water and sewer he would use. Mr. Bowman
said that he plans to hook onto County water and sewer.
No one appeared in opposition.
The Chairman announcedrthenext order of business was the Public Hearing on
the rezoning application of Reimers Electra Steam Inc. to rezone 1.766 acres located
on the east side of Interstate 81 in Stonewall Magisterial District.
The Secretary read the application requesting the zoning change from
Agricultural (A -2) to Industrial (M - 1).
Mr. McCormack appeared and stated that his company wanted to expand and
needed additional property and that Reimers plant has been located there for fifteen
years.
There was soee discussion concerning the footage ofsssaid property which
fronts U.S. Route 11 North.
Nonone appeared in opposition.
The Chairman announced the,next order of business was the Public Hearing on the
rezoning application- 1offLewis al to rezone 40.5 acres of land located on
the east and west sides of U.S. Route 11 in Opequon and Back Creek Magisterial Districts.
The Secretary read the application requesting the zoning change from Agricultural
(A -2) to Residential (R -1) and presented the petition which Mr. Boyer had submitted
earlier in favor of the rezoning.
The Chairman read a letter written to him by C. O. Watson which requested
that his property remain A -2 and not be included in the new rezoning. Copies of
Mr. Watson's letter had been sen* to Mr. Raymond Sandy and Mr. Don Krueger. Mr. Boyer
asked that the Commission wait for other supporters of the petition on his behalf.
Mr. Golladay said that he would like to procede and that he would recognize
the other people when they arrived.
Mr. Williams asked if there wereany businesses now existing within the
proposed zoning area. Mr. Boyer answered no.
Mr. Golladay said that the Commission should honor Mr. Watson's request to
eliminate his property from the rezoning.
Mr. Boyer requested if the Commission could not possibly rezone the entire
proposed area, perhaps then they might rezone what they could.
Mr. Golladay then asked if anyone had any further questions for Mr. Boyer.
Mr. Henry Shryock asked whattthe present use of the land was. Mr. Golladay
said that it was A -2. Mr. Shryock said that we didn't want a lot of "junk" along
the road here when you are driving into town. Mr. Madigan agreed that Stephens City
has not been goofed up yet and the people want to keep it that way.
Following some discussion,_Mr. Shanks read the permitted uses in R -1 and
R -2.
The Chairman asked if there was any opposition.
A letter from the Trinity Lutheran Church by Reverened Mathews (copy given
to Secretary) was read in opposition.
Some of the reasons for opposition as follows:
1. Prevent people from rooming
2. If a fire destroyed 50% of the building, the church
would not be able to rebuild the parsonage.
3. If the structure became empty for 1 year and 1 day
the use would not longer be able to continue.
4. They were basically worried that new zoning would
restrict their future uses and hopes of the church.
Rev. Mathews introduced two church officials, Mr. Ridings and Mr. Paul Anderson.
Following some lengthy discussion, Mr. Golladay explained to Mr. Boyer
the major difference between R -1 and R -2. Mr. Golladay also read the permitted uses
in R -2.
Mr. Golladay asked if there were any further questions to the Lutheran Group.
Mr. Williams asked Rev. Mathews specifically what interests, other than the
use of a parsonage did the trustees have in the future. Rev. Mathews responded that
he could not make projections, because he might not be there in the future.
As the next order of business Mr. Golladay brought the Kelchner rezoning
application forward again.
Again no one appeared in favor or opposition of the application.
Mr. Madigan moved that the application be passed onto the Board of Super-
visors by the Commission without recommendation. The motion was seconded by Mr. DeHaven
and passed.
The Marlowe rezoning application was brought forward again.
No one appeared in favor or opposition.
Mr. Bass moved to send the Marlowe application to the Board of Supervisors
with no recommendation. The motion was seconded by Mr. Madigan and = ipassed.
Mr. Williams moved the Planning Commission recommend to the Board of Super-
visors the approval of the Jasbo, Inc, rezoning. The motion was seconded by Mr. DeHaven
and passed.
Mr. Shanks moved that the Commission recommend to the Board of Supervisors
the approval of the Reimer's rezoning application. Mr. Bass seconded the motion,
Mr. DeHaven abstained and was passed.
The Chairman brought forward the Boyer application again.
There was more discussion concerning whether the people understood the difference
between R -1 and R -2 classifications.
' Mr. Madigan stated he wanted to make sure the people do what is right for
them and the community.
There was some brief discussion between the Commission and petitioners.
Mr. Golladay made the motion to amend the request by eliminating the C. O.
Watson property (leaving it A -2), that Henry Shryock Property and Lutheran Property
be R -2 and the remainder of the property under application to be designated as R -1 as
requested.
Mr. Bass asked Mr. Shanks if the Commission could make these changes in the
rezoning.
Mr. Shanks replied that you may go to a less restrictive category but you
could not go to a more restrictive.
Mr. Madigan made the motion to approve the Boyer rezoning as amended.
Mr. Williams seconded with Mr. Shanks abstaining. The motion passed.
Mr. Williams recommended that the new zoning maps be changed to preserve a
strip of land along Route 11 North of "':Stephens City to be R -1. This strip begins
adjacent to the Boyer rezoning land and follows U.S. Route 11 north to Old Bull Hole
Road on the east side of U.S. Route "11.
This rezoning will included all the property between the north and south points
mentioned above on the east side of U.S. Route 11 to Interstate Route 81.
The south boundary of the west side of U.S.Route 11 shall begin at Boyer's
rezoning and follow parallel to U.S. Route 11 north 400 feet deep and west of U.S.
Route 11 to State Route 649. This parallel zone west of U.S. Route 11 will extend
200 feet to the north of State Route 649. This 200 feet will begin at U.S. Route 11
and run 400 feet west from U.S. Route 11
The recommendation was seconded by Mr. Madigan.
A lengthy discussion followed.
Mr. Shanks then moved to table Mr. Williams motion. The motion was seconded
by Mr. Bass and passed.
Mr. Bass moved that the Commission go out of Public Session and was seconded
by Mr. Williams and passed.
Upon motion of Mr. Madigan, seconded by Mr. Bass and passed the Commission
went into Executive Session. After short discussion the Commission moved into Public
Session upon motion of Mr. Madigan, seconded by Mr. Bass and passed.
Mr. Shanks moved the Planning Commission request the Board of Supervisors to
request the VPI Extension Division conduct an extensive study and survey of mobile
homes in Frederick County. Also, requests that the Board authorize a sum not to
exceed $2,000.00 for necessary expenditures and with the provision that this study be
completed within six (6) months.
The motion was seconded by Mr. Madigan and passed.
Mr. Madigan moved that the Commission present the zoning ordinance to the
Board of Supervisors and that it be recommended for approval. This zoning ordinance
does not contain a mobile home park district and includes approximately 82 pages.
The motion was seconded by Mr. DeHaven and passed.
There being nothing further to come before the Commission, the Meeting was
adjourned at 6:05 P.M.
James W. Golladay, c4cirman
A