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HomeMy WebLinkAboutPC_08-19-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors meeting room, August 19, 1981 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Kenneth Stiles; W. French Kirk; Manuel DeHaven; Domenic Palumbo; George Romine; James Golladay; A. L. Myers CALL TO ORDER The Chairman called the meeting to order. The first order of business, consideration of the minutes of August 5, 1981. Mr. Myers noted a typographical error on page nine. There being no further corrections, Mr. Golladay moved to approve the minutes of August 5, 1981, as corrected. This was seconded by Mr. Kirk and passed unanimously. The next order of business, consideration of the worksession minutes of July 28, 1981. Mr. Myers moved for approval. This was seconded by Mr. Golladay and passed unanimously. BIMONTHLY REPORT The Chairman accepted the Bimonthly Report as information only. CAPITAL FACILITIES COMMITTEE Chairman Gordon next announced that John Horne, James Golladay, Domenic Palumbo, and George Romine will comprise the appointees of the Capital Facilities Committee. DISCUSSION OF GAINESBORO RECREATIONAL FACILITIES Mr. Horne read the background information. Mr. Horne suggested that the Planning Commission receive this request as information at this time and that the people from Reynolds Store 1403 - z - Firehall have requested that this be discussed at the next worksession on a preliminary basis. Mr. Horne noted that after the Planning Commission gives their input, the people from the firehall would take these comments to the Parks & Recreation Commission for a formal statement on what the Commission feels the policy should be. Mr. Needham Cheely, Director of Parks & Recreation for Frederick County, came forward and introduced himself to the Commission. Mr. Cheely stated that in dealing with the Gainesboro Committee, a format has finally been reached for carrying out the impact fund policy in an orderly fashion. Mr. Cheely noted that the committee has spent a great deal of time on this and he has met with Gainesboro Committee members on several occasions. Mr. Cheely also noted that a district meeting was held in the Gainesboro area with 45 to 50 residents attending who were very concerned about recreational facilities there. Mr. Cheely explained that this is a situation that has been brought about for the first time in that impact fees have not been requested by outside groups, but used primarily by this locality to provide recreational facilities where the staff or County felt they were needed. Mr. Cheely felt that he would like to address this as the exception that it is, and allow for it to be written up in a policy that others can follow. In this way the County would not necessarily be deluged with other projects of this nature; but at the same time, when the comprehensive plan update is adopted there will be a section that deals with outlying areas. Mr. Stiles next presented some recommendations that he felt should be included as guidelines for this policy. First, Mr. Stiles felt that the money should be available only to recognized non - profit 1404 - 3 - organizations. Secondly, Mr. Stiles stated that prior to the adoption of the revised Comprehensive Plan, including the Recreation Master Plan, the direction would be that this money is provided on a grant basis to groups and the County is obligating itself in no way for any cost of upkeep and maintenance. Mr. Stiles also suggested that the ordinance be amended to strike the phrase "payment in lieu of land" so that in the future, there would be no more setting funds aside as impact fees. Mr. David Whitacre next came forward and introduced himself to the Commission. Mr. Whitacre explained that what Reynold's Store is asking is the purchase of recreational equipment. Mr. Whitacre commented that the County impact money will be used, and if at some point in the future during the useful life of this equipment it becomes necessary to create another park, the County could move the equipment. The Reverend James Hundley, from the Gainesboro Methodist Church, The Redland Church and the Wesley Chapel United Methodist Church carne forward and introduced himself to the Commission. Mr. Huntley commented that he felt this is something that his community needs and has been working for. Mr. Hundley explained that the general feeling of the community is that in a sense, this money is theirs and they would very much like to spend it in this way. Mr. Hundley requested that the Planning Commission give a good report on this to the Board of Supervisors. Mr. John Boyd next came forward and stated that he was the Chairman for the Gainesboro Recreational Facilities group. Mr. Boyd stated that the Reynolds Store area is isolated and basically the residents there are 25 miles from any facilities. The Gainesboro area, 1405 - 4 - he explained, contains a body of people who are not mobile and which is mainly comprised during the day of housewives with young children to tend. Mr. Boyd stated that the people in this area have a definite need and his group is not asking for a purchase of land, but are asking that these facilities be placed,on property that is already established. Mr. Boyd explained that his group is trying to do what they can for their area, but money -wise and time -wise they have gone as far as they can go. The citizens in the area feel that since they are supporting the recreational facilities within the County by tax dollars, they need a return. Mr. Myers next stated that he agreed that there is a problem with allocating the impact funds and that a policy should be formulated. He felt that the procedure should be followed as outlined, but suggested that it come to the Planning Commission as a public hearing. Mr. Myers stated that he has heard some opposition to this plan and if a public hearing is held, all sides will be heard. There being no one wishing to speak further, it was agreed by the Commission that this item would be discussed in depth at the next worksession. PUBLIC HEARINGS Zoning Map Amendment No. 006 -81 of David and Margaret Soper, requesting that 1.558 acres on Route 50, now zoned B -2 (Business- General) be rezoned to M -1 (Industrial Limited). ACTION - Recommend Denial Mr. Horne read the background information. Ms. Deborah Brumback, the attorney representing the petitioners, came forward and introduced herself to the Commission. 1406 - 5 - Ms. Brumback stated that the petitioners are Mr. and Mrs. Soper, who presently own the property and Mr. and Mrs. Brockman who have entered into a contract to purchase the property. Ms. Brumback explained that it is because of the use that the Brookmans want to put the property to that this rezoning petition was filed. Ms. Brumback next presented drawings of the work that Mr. Brockman's company sells and stated that his company is presently in operation in Maryland. Ms. Brumback explained that this iron is used for railings on steps, platforms, ornaments on the home, window guards, and decorated columns. The business would be operated totally from the building presently on the sight. She also stated that Mr. Brockman is aware of the additions which have to be made regarding the drainfield. Mr. Brockman plans to have no more than six employees. Ms. Brumback stated that there would be two trucks operating from the business and each truck would make an average of one trip per day. Because this is custom work, there would not be people coming in and out to place orders or pick up things. Ms. Brumback further explained that twice a week there would be a straight truck delivery of raw materials and sometimes, this would be an 18- wheeler truck. Ms. Brumback noted that there would be some outside storage and this would be toward the back of the building. Ms. Brumback next presented pictures of the sight and of the present operation in Maryland. Ms. Brumback further stated that she felt this application would conform to the comprehensive plan and would meet the burden for an industry wanting to locate outside an industrial area. Mr. Romine inquired if Mr. Brockman would be using any blanking presses, shears or metal forming machinery. 1407 - 6 - Mr. Brockman replied that he uses a carbide cutter, electric punches and band saws. Mr. Timothy Hodges came forward and stated that he was the owner of the historic property adjoining the property in question. Mr. Hodges stated that he bought this property a year ago from Mr. Soper and has begun restoring it. Mr. Hodges noted that he is presently making application to have the house listed under the Virginia Register of Historic Homes. He feels that the house is of historical signifigance to the area. Mr. Hodges stated that he plans to use the surrounding property agriculturally for profit and he feels that an industrial site adjoining the property may interfere with this. Mr. Hodges was also concerned about the outside storage. Mr. Hodges next presented a petition of persons who oppose the rezoning. Mr. Brumback motioned to make the petition a part of the minutes. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the planning Commission for the County of Frederick does hereby incorporate into the minutes the petition of Timothy Hodges and surrounding property owners who are in opposition to the rezoning application of David and Margaret Soper as follows: We the undersigned as property owners in Frederick County, Round Hill Community are opposed to the rezoning of Margaret and David Soper's property from B -2 (business limited) to M -1 (industrial limited). DATE SIGNATURE 8/12/81 /s/ Mrs. Elsie Hicks Mrs. Elsie Hicks " /s/ Kathy Garman Kathy Garman /s/ Mr. & Mrs. _ Harrison Shirley Mr. & Mrs. Harrison Shirley /s/ Mr. Robert Gladden Mr. Robert Gladden Ann RFCC Rt. 4, Box 212 Rt. 4, Box 288 Rt. 4, Box 244 Rt. 4, Box 289B 1408 - 7 - 8/16/81 /s/ Mr. Edwin M. Lineberg Rt. 4, Box 243 Mr. Edwin M. Lineberg " /s/ Paul L. Barbour Rt. 4, Box 81 Paul L. Barbour " /s/ John E. Hoover Rt. 4, Box 83 John E. Hoover " /s/ Elizabeth Currence Rt. " /s/ Burl A. Emmart Rt. 4, Box 82 Burl A. Emmart /s/ Guy J. Oates Rt. 4, Box " /s/ Nancy C. Barbour Rt. 4, Box 82 8/18/81 /s/ G. P. Nicholson Nancy C. Barbour 2, Box 43 G. P. Nicholson " /s/ Timothy A. Hodges Rt. 4, Box 289 Timothy A. Hodges 8/17/81 /s/ Wm. Chester Rt. 2, Box 2274 Wm. Chester " /s/ Edwin A. Bad Rt. 4, Box 79 Edwin A. Bayliss " /s/ Elizabeth Currence Rt. 4, Box 78 Elizabeth Currence /s/ Guy J. Oates Rt. 4, Box 80 Guy J. Oates 8/18/81 /s/ G. P. Nicholson Rt. 2, Box 43 G. P. Nicholson Chairman Gordon next read a letter which was submitted in opposition to the Soper application from Walter L. Lumpp, adjoining property owner. Mr. Stiles made a motion to make the letter an official part of the minutes. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby incorporate into the minutes the letter of Walter L. Lumpp, adjoining property owner, who is in opposition to the rezoning application of David & Margaret Soper, as follows: August 12, 1981 Frederick County Dept. of Planning & Development 1409 - 8 - Attn: Mr. John R. Riley, Director Post Office Box 601 Winchester, Virginia 22601 RE: Rezoning Land from B -2 to M -1 for David & Margaret Soper Dear Mr. Riley: I am sorry I will be unable to of the Planning Commission regarding the would like, however, to voice my concern requiring inside storage. I believe thi effect to the general appearance of that prospective, the appearance is favorable attend above of the a would area. at the your August 19 meeting referenced rezoning. I rezoning to M -1 without create a negative From a business present time. The consideration of the Planning Commission of this matter would be greatly appreciated. Very truly yours, WLL:pah Walter L. Lumpp Adjoining Property Owner Mr. Thomas Herndon, Pastor of the Roundhill Methodist Church, came forward and introduced himself to the Commission. Mr. Herndon explained that his church is located two properties down from the church. Mr. Herndon stated that he is concerned about anything zoned industrial that close to the church. Mr. Herndon also expressed concern about the outside storage. In rebuttle, Ms. Brumback felt that the tact that Mr. Hodges was preserving the adjacent seven acres locks in the area and precedent setting could not occur. Ms. Brumback commented that the Soper property was listed long before Mr. Hodges bought his property. She further commented that the barn would be a good buffer for the historical property, there is screening to the east and part of the front of the site and Mr. Brookman would be willing to add additional 1410 - 9 - screening. Ms. Brumback added that the activity at this site would be less than most other operations allowed in a B -2 zone. Mr. Brumback felt that this was spot zoning and if this area is rezoned, there are many operations that could go into this area that would not be compatible with the church and residential character of the neighborhood. Mr. Brumback also felt that this was not the type of business that should be located in that area. He noted that there is a lot of "M" zone in the County which is designated for this type of manufacturing. Mr. Brumback next motioned for denial. This was seconded by Mr. Kirk and the application was recommended for denial by the following vote: YES: Messrs. Palumbo, Brumback, Myers, Gordon, Golladay, Kirk NO: Messrs. Romine, DeHaven, Stiles BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby recommend denial of zoning map amendment no. 006 -81 of David and Margaret Soper to the Board of Supervisors. Conditional Use Permit No. 012 -81 of Benjamin Connor for a home occupation /gun shop and gunsmith service including general repair and custom work ACTION - Denied The Secretary read the background information. Mr. Connor came forward to address the Commission. Mr. Connor stated that he would like to continue the operation with the condition of no outside firing of arms related to the business and if this was not possible, he would like to continue operation for a short time to phase out his business. 1411 - 10 - Mr. Vernon Wright, an adjoining property owner, came forward and stated that he does not oppose the gun shop but does strongly object to the open air firing. Mr. Brumback next motioned to approve the conditional use permit with the conditions outlined except that number five should read, "No firing of outside firearms ". This was seconded by Mr. Stiles and the motion failed by the following vote: YES: Messrs. Brumback NO: Messrs. Palumbo, Myers, Golladay, DeHaven, Kirk, Romine, Gordon, Stiles Mr. DeHaven next motioned to deny the request. This was seconded by Mr. Kirk and was unanimously denied. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of conditional use permit no. 012-81 of Benjamin Connor for a retail gun shop and gunsmith service to the Board of Supervisors. The Commission was in agreement that the staff should work in conjunction with Mr. Connor to allow him to phase out his business. An Ordinance to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend Article XIV, Section 21- 120(a). The Secretary read the background information. Mr. M. J. Vorbauch, representative for Westvaco, came forward and stated that the proposed change meets Westvaco's approval. There being no one present wishing to speak in favor or opposition, Mr. Palumbo made a motion to approve the amendment as presented. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the ordinance to amend the Frederick 1412 - 11 - County Code, Chapter 21, zoning, adopted July 12, 1978, to amend Article XIV, Section 21- 120(a) as follows: ... tobacco, wax, yarn, and wood. (Except sawmills and planing mills using logs which have not been previously cut into rough lumber). Wood chipping operations (def. the reduction of whole logs into wood chips with the sole product being wood chips) shall meet the following conditions: 1. All processing equipment shall be fully enclosed within a roofed structure; sound levels shall not exceed 75 dba ( "A" scale) at property line. 2. All outside storage shall be fully screened in accordance with Section 21 -122 of this Chapter and all outside storage areas shall be identified on the Site Plan. 3. Wood or wood products storage shall meet the structural setback requirements of this Chapter and shall be limited to a two week supply or production at normal operating conditions, or 25% of the gross lot area, whichever is less. APPRECIATION OF SERVICES PERFORMED BY JOHN RILEY Mr. Golladay next spoke for the entire Commission in recognition of the excellent service John Riley has performed as Planning Director for Frederick County and moved to make these comments an official part of the minutes. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby recognize the services performed by John Raymond Riley as Planning Director for Frederick County and furthermore feels that John Raymond Riley has been good for the Commission and good for Frederick County. The Commission feels that Frederick County will see the positive impact that John Raymond Riley has made for years to come. COMMISSION RETIRES INTO EXECUTIVE SESSION Upon motion made by Mr. Stiles, seconded by Mr. Kirk and passed unanimously, the Frederick County Planning Commission does 1413 - 12 - hereby retire into Executive Session in accordance with Section 2.1- 344(a)(1) to discuss personnel matters. COMMISSION WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Mr. Golladay, seconded by Mr. Stiles and passed unanimously, the Commission withdrew from executive session. Mr. Stiles next raised the question of the Board of Zoning Appeals action on the David Holliday request for variance on lot size. Mr. Riley informed the Planning Commission that he did appear before the Board of Zoning Appeals on August 18 and presented the concerns of the Planning Commission. Mr. Riley continued that the Board of Zoning Appeals voted to approve the Holliday request on a three to one vote with the Chairman voting in the negative. Mr. Palumbo next moved to officially notify the Board of Supervisors of the action by the Board of Zoning Appeals and further requested that the Board of Supervisors take appropriate action. This was seconded by Mr. DeHaven and passed by unanimous vote. There being no further business to come before the Planning Commission, Mr. Golladay moved to adjourn. This was seconded by Mr. Stiles and passed unanimously. Respectfully Submitted, . • • •` Joh T P. Horne, Secretary 1414