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HomeMy WebLinkAboutPC_04-15-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, April 15, 1981. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; James Golladay; W. French Kirk; Manuel DeHaven; A. L. Myers. ABSENT: Kenneth Stiles; Herbert Sluder CALL TO ORDER The Chairman called the meeting to order. The first order of business, the consideration of the minutes of October 1, 1980, December 17, 1980 and March 18, 1981. Regarding the minutes of October 1, 1980, Mr. Golladay noted the following corrections: Page 17 of Minutes; Change ZMAP 51, Circle 18, 20, 21 to Circle 18, 19, 21. Page 9, ZMAP 54, Parcel 195 should be ZMAP 65, Parcel 195 (vacant land on SW corner of Greenwood Road and Senseny Road). Page 14, ZMAP 74(B) the words "circle 9" should be added to minutes. Page 1 of Minutes; Add Mr. DeHaven's name to those present. Regarding the minutes of December 17, 1980, Mr. Golladay noted that Mr. Brumback's name was missing from those listed as present at the meeting. Mr. Kirk noted some typographical errors on page three, paragraph five and page 7, paragraph five of those same minutes. Mr. Golladay also requested that Mr. DeHaven's name be added to the list of those present at the March 18th meeting and he also observed a typographical error on page 12, paragraph three of those same minutes. There being no further corrections, Mr. Golladay made a motion that the minutes be approved as corrected. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT In answer to Mr. Golladay's inquiry on a site plan pending for Louis Brown and Associates, Mr. Riley stated that this application was in the JIC Limited Industrial Park. Mr. Riley commented that at this time, the issue of roads has not been resolved. Mr. Riley further explained that the Commonwealth Attorney's interpretation is that a site plan is required for lands zoned industrial and therefore, must meet the requirements of the site 1300 -2- plan sections of the ordinance which requires that the roads be built to state standards. Those specific construction standards must be met before the plan can be approved. The Chairman accepted the Bimonthly Report as information. SUBDIVISIONS Request for Subdivision, Fairfield Acres Subdivision, S lots, David B. Holliday, Shawnee Magisterial District. ACTION - Recommend Approval Mr. Riley first gave background information. Mr. Holliday next came forward and introduced himself to the Commission. Mr. Golladay next asked Mr. Holliday for an explanation of the term "out lot" which appears on page two of the Fairfield Acres final plat. Mr. Holliday stated that actually there are nine lots in the Subdivision, but because government regulations require a subdivision containing over 8 lots to go through state and federal channels, this lot will not officially be a part of Fairfield Subdivison. Chairman Gordon next noted that the recommendations on this request would be automatic situations. Mr. Riley explained that there were no additional conditions attached to the approval and any technical requirements could be satisfied after approval was given by the Planning Commission and Board of Supervisors. In answer to Mr. Brumback's question, Mr. Holliday stated that all the lots meet the 12,000 foot minimum for R -3 zoning. Chairman Gordon asked for anyone in opposition. 1301 -3- There being no one wishing to speak in favor or opposition, Mr. Kirk moved to recommend approval of this subdivision request with staff recommendations. This was seconded by Mr. Brumback and passed unanimously. DISCUSSION OF QUARTERLY REPORT; STATUS OF THE COMPREHENSIVE PLAN Mr. Riley explained that the entire quarterly report was compiled by the Subcommittee and has previously been presented to the Commission. Mr. Riley noted that the report will next go to the Board in the form of a quarterly report, so that the members of the Board can be made aware of the work being done by the Planning Commission and intelligently respond to citizen inquiry regarding the Plan. Mr. Riley added that the report highlights the issues and gives tentative recommendations as far as direction in policy formulation are concerned. Mr. Riley further stated that the report keeps the quality of information high and the lines of communication open during the entire review process. Mr. Golladay requested that each member of the Board of Supervisors receive a copy of the report by April 17, 1981. Mr. Golladay also recommended that each Commission member touch base with each Board member in regard to any questions they may have concerning the report. Mr. Golladay further noted that the Subcommittee is presently in the process of working on the Urban Plan section of the Report. Mr. Brumback motioned that the Quarterly Report be presented to the Board of Supervisors at their April 22 meeting for endorsement and information. This motion was seconded by Mr. Kirk and passed unanimously. 1302 -4- PUBLIC HEARINGS Zoning Map Amendment No. 003 -81 of Fredericktowne Company, requesting that 1.75 acres on Rt. 647, now zoned Residential - General (R -3) be rezoned Multi- Family Residential (R -6). a ACTION - Tabled for 30 Days The Secretary first gave background information. Mr. Tom Johnson came forward and introduced himself to the Commission and stated that he was a representative for Mr. Packard. Mr. Johnson requested that consideration of the application be deferred until the next meeting because Mr. Packard no longer intended to use rental units on the property. Mr. Johnson continued to explain that originally the property was thought to be zoned B -1 and that they would be down grading it to multi - family use. Mr. Johnson also added that they have re- evaluated their ideas and want to alter the submission and have it considered at the next meeting. Mr. Frank Brumback made a motion to table this request until the May 20th meeting. The motion was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table this request until the May 20th meeting of the Planning Commission. Conditional Use Permit No. 003 -81 of Joseph Geraci for a winery on Route 627 in the Opequon Magisterial District. ACTION - Approved with conditions The Secretary read the background information. Mr. Geraci came forward and introduced himself to the Planning Commission. 1303 -5- In regard to conditions for this permit, Mr. Golladay suggested that under condition number six, hours of operation, it may be best to have flexible hours of daylight operation. Mr. Golladay added that there will be times when Mr. Geraci must work from sunup to sundown in order to harvest grapes or to get planting done on time. In answer to Mr. Myers question, Mr. Riley stated that Mr. Geraci will have only three employees because of the limited ability of the system that exists to support any further activity. Mr. Riley continued to explain that the employee situation is constrained to the winery operation only. There being no one present in favor or opposition to this request, Mr. Golladay moved to approve Conditional Use Permit No. 003 -81 with the addition of condition number 6 "Daylight hours of operation ". This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Conditional Use Permit No. 003 -81 with the following conditions: 1. This be a five year permit to be reviewed annually by the staff provided all conditions placed upon the permit have been met. 2. If the use, occupancy, or ownership of the building changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. Off- street parking shall be provided if the use is open to the public. 1304 4. Should this become a full time business operation, a commercial entrance per VDH & T standards shall be installed. 5. No more than three employees shall be employed on the site. 6. Restricted to Daylight hours of operation. Conditional Use Permit No. 005 -81 of Charles Strother for a home occupation /accessary structure for used car sales and car parts sales in the Gainesboro Magisterial District. ACTION - Tabled The Secretary first read the background information. Mr. Strother came forward and introduced himself to the Planning Commission and explained that he will not be running an outside salvage yard, but wishes to sell a few used cars. Mr. Strother added that he is unable to do a full days work and if he can not sell used cars and used car parts, he will have to go on disability. In reply to Chairman Gordon's question, Mr. Strother stated that the building size was 36x40 and the used cars for sale would be outside while the used car parts would be on the inside. In answer to Mr. DeHaven's question, Mr. Strother replied that he would have about ten cars outside with state inspection stickers. In reply to Chairman Gordon's question, Mr. Strother stated that his lot is 150 foot wide with a residence on the left side and on the right side, his neighbor is applying for a boat repair shop permit. Mr. Brumback expressed his view that a used car sales operation is a commercial operation, not a home occupation. 1305 -7- Mr. Myers suggested that the Commission might be setting a precedent if it permits a residence to operate auto sales on the premises. After much discussion, it was decided that more information was needed regarding this situation. Mr. Brumback made a motion to table this request until the next meeting. This was seconded by Mr. Myers and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table this Conditional Use Permit request until the next Planning Commission meeting. Conditional Use Permit No. 006 -81 of Ernestine Hoover for re- establishing a non - conforming use in the Back Creek Magisterial District. ACTION - Approved with conditions The Secretary gave the background information. Mr. Myner came forward and introduced himself to the Commission and stated that he represented Mrs. Ernestine Hoover. In answer to Chairman Gordon's inquiry, Mr. Myner stated that the hours of operation would be 9:00 a.m. to 7:00 p.m., Saturday and Sunday for the flea market and 9:00 a.m. to 7:00 p.m., Tuesday through Saturday for the alteration shop. Chairman Gordon next questioned if there was ample parking. Mr. Myner replied that there was room for 15 to 18 vendors, assuming each had one vehicle and 30 to 35 customers. Mr. Myner added that there are three driveways, one access to Route 654 and two access to Route 50. 1306 Chairman Gordon next requested that condition number five read "off street - on site parking only" There being no one in the audience in opposition to this request, Mr. Brumback moved to approve this conditional use permit with conditions outlined. This was seconded by Mr. Myers and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Conditional Use Permit No. 006 -81 of Ernestine Hoover with the following conditions: 1 This be a one year permit, to be renewed annually by the Planning Commission and Board of Supervisors, from the date of final approval. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. An as built plan will be required to show parking, sales, and location of sanitary facilities. 4. Hours of operation will be 9:00 a.m. to 7:00 p.m., Saturday and Sunday for the Flea Market and 9:00 a.m. to 7:00 p.m., Tuesdav through Saturday for the Sewing Alterations Center. 5. Off street - On site parking required. Conditional Use Permit No. 004 -81 of Granville McCauley in the Gainesboro Magisterial District. ACTION - Tabled The Secretary stated that the staff has not yet received all of the reviewing comments on this request. 1307 Mr. Golladay made a motion to table the request until the May 6th meeting. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table this Conditional Use Permit No. 004 -81 until the May 6th meeting of the Planning Commission. RENEWAL OF CONDITIONAL USE PERMITS Conditional Use Permit No. 010 -79 of David B. Grim for a home occupation /accessory structure in the Stonewall Magisterial District. ACTION - Approved The Secretary read the background information. Mr. Riley stated that the office has reviewed the application, has received no complaints and recommends approval. There being no one present either in favor or opposing this renewal request, Mr. DeHaven made a motion to recommend approval of this request to the Board of Supervisors. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this renewal of David B. Grim, Conditional Use Permit No. 010 -79 to the Board of Supervisors. Conditional Use Permit No. 003 -80 of Albert & Sandra Poore for an auto repair garage in the Back Creek Magisterial District. ACTION - Approved The Secretary gave the background information. Mr. Riley stated that the office has reviewed the application, has received no complaints and recommends approval. There being no one present either in favor or opposition to this renewal, Mr. Brumback motioned to approve the request. This was seconded by Mr. Golladay and passed unanimously. 1303 -10- BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this renewal of Albert & Sandra Poore, Conditional Use Permit No. 003 -81 to the Board of Supervisors. Conditional Use Permit No. 009 -80 of Nathaniel E. & Elizabeth C. Dovel for a dog kennel in the Shawnee Magisterial District. ACTION - Approved The Secretary first gave the background information. Mr. Riley stated that the office has reviewed the application, has received no complaints and recommends approval. There being no one present wishing to speak in opposition, Mr. Kirk made a motion to recommend approval of this conditional use permit. This motion was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this renewal to the Board of Supervisors. Conditional Use Permit No. 011 -80 of Charles W. Omps for an off - premise sign in the Gainesboro Magisterial District. ACTION - Approved The Secretary read the background information. Mr. Riley stated that the office has reviewed this renewal, has received no complaints and recommends approval. There being no one present wishing to speak in opposition, Mr. Myers motioned to approve the renewal. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this renewal to the Board of Supervisors. Conditional Use Permit No. 012 -80 of John & Linda Martin for a home occupation /gun dealer and supplies in the Gainesboro Magisterial District. ACTION - Approved 1309 The Secretary first gave the background information. Mr. Riley stated that the office has reviewed this renewal, has received no complaints and recommends approval. There being no one present wishing to speak in opposition, Mr. Myers motioned to approve the renewal. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this renewal to the Board of Supervisors. Conditional Use Permit No. 013 -80 of Doyle E. Whittington for a non - conforming use of a major engine repair in the Gainesboro Magisterial District. ACTION - Approved The Secretary read the background information. Mr. Riley stated that the office has reviewed the application, has received no complaints and recommends approval. There being no one present wishing to speak in opposition, Mr. Myers motioned to approve the renewal. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this renewal to the Board of Supervisors. Conditional Use Permit No. 019 -80 of Richard J. Scherzinger for a home occupation /small engine repair in the Opequon Magisterial District. ACTION - Disapproved The Secretary first gave the background information. Chairman Gordon asked if there was anyone wishing to speak in opposition to this renewal. Mr. Marshall Adams came forward and introduced himself to the Commission and stated that he was in opposition to the renewal. Mr. Marshall explained that he was a neighbor and he was opposed to a small 1310 -12- engine repair shop being located in the residential area known as the Meadows where there is numerous houses and children. Mr. Adams added that he feels there would be a tremendous amount of noise. Mr. Golladay moved to deny approval of this renewal. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of this Conditional Use Permit No. 019 -80 of Richard Scherzinger to the Board of Supervisors. Conditional Use Permit No. 021 -80 of Naomi F. Nelson for a home occupation /beauty shop in the Shawnee Magisterial District. ACTION - Approved The Secretary gave the background information. There being no one present wishing to speak in opposition to this renewal, Mr. Kirk motioned to approved the renewal. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this renewal of Naomi F. Nelson, Conditional Use Permit No. 021 -80 to the Board of Supervisors. Ordinance Amendment - Article I, Chapter 21 An ordinance to amend the Frederick County Code, Chapter 21, Zoning adopted July 1978, to amend Article I, by the addition of Section 21 -7.1, Exceptions to Height Regulations There being no one present to speak in opposition to this ordinance amendment, Mr. Myers motioned to approve the renewal. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this ordinance to amend the Frederick County Code, Chapter 21, Section 21 -7.1, Exceptions to Height Regulations as follows: 1311 -13- All exceptions to the height regulations, in any district, shall be approved by the Administrator. Church towers, chimneys, flues, cooling towers, unoccupied industrial structures, cupolas, belfries, flag poles, radio and communication towers, television antennae and radio aerials, windmills (pumping and electrical generation), and solar energy collectors and equipment used for the mounting or operation of such collectors are exempt for structure height limitations. Parapet walls may be up to four (4) feet above the the height of the building on which the walls rest. Although exempted from structural height limitations, these structures shall not, where practicable, significantly impair solar access of buildings or solar collectors, or endanger adjacent properties. Ordinance Amendment - Article IV, Section 21 -2 An ordinance to amend the Frederick County Code, Chapter 21, Zoning adopted July 12, 1978 to amend Article IV, Section 21 -26 by the addition of (21). There being no one present in opposition to this ordinance amendment, Mr. Golladay motioned to recommend approval to the Board of Supervisors. This was seconded by Mr. DeBaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the ordinance amendment to amend the Frederick County Code, Chapter 21, Zoning adopted July 12, 1978 to amend Article IV, Section 21 -26 by the addition of (21) as follows: Section 21 -16(v) (9) - Nationally chartered fraternal lodges and civic clubs and their related club facilities. Section 21 -26(x) (21) Nationally chartered fraternal lodges and civic clubs and their related club facilities. DISCUSSION OF RENEWAL OF CONDITIONAL USE PERMITS Mr. Riley suggested that the policy of renewing conditional use permits be changed so that all conditional use permits are reviewed annually, in the month of January. At that time, those permits will be sent to the Commission for review and then referred to the Board for action. Mr. Riley added that in doingso, readvertising of permits will not be necessary. 1312 -14- After some discussion, Chairman Gordon requested the staff to establish a draft with the correct terminology for the change to present at the next meeting. There being no further business to come before the Commission, Mr. Golladay moved to adjourn. This was seconded by Mr. Brumback and passed unanimously. Respectfully Submitted, John R. Riley, Se reta y C. La don Gordon, Chairman 1313