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HomeMy WebLinkAboutPC_08-03-83_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on August 3, 1983. PRESENT: Frank Brumback, Chairman; James Golladay, Jr., Vice - Chairman; Carl M. McDonald; Kenneth Y. Stiles; A. Lynn Myers; Manuel C. DeHaven; W. French Kirk; George L. Romine; John T. P. Horne, advisory; Stephen M. Gyurisin, advisory. CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. The first order of business was the consideration of the minutes of July 20, 1983. Upon motion by Mr. Kirk, seconded by Mr. Romine, the minutes of July 20, 1983 were approved as presented. BIMONTHLY REPORT The Commission reviewed pending applications with the staff. Mr. Gyurisin stated that notification was received from Mr. Harold King, Commissioner of the Department of Highways and Transportation, on the allocations to interstate, primary, and urban systems for the Staunton District. Mr. Gyurisin said that 1.89 miles of Route 522 North, in the Cross Junction area, was included for planning and engineering work for FY 84 -85. PUBLIC HEARINGS Rezoning Request #002 -82 of Leon B. Zeiger to rezone 2.562 acres from A -2 (Agricultural, General) to B -2 (Business, General). ACTION - Approved Mr. Horne read the background material. Mr. Thomas Dickinson, attorney for Mr. Zeiger, came forward. Mr. Dickinson stated that the property was acquired in 1972 and in 1974 was rezoned from agricultural to business. He stated that Mr. Zeiger then invested about $8,000 on the property to put in a new road, a low water bridge, and reroofing and rewiring. He added that Mr. Zeiger leased the building for a period of time; but at the time of down zoning in October 1980, it was not being used as a commercial use and, 1784 -2- therefore, was rezoned A -2. Mr. Dickinson stated that Mr. Zeiger was not personally notified at the time of down zoning. It was determined that this parcel would not be eligible for a conditional use permit for a nonconforming use based on the use prior to 1980. Mr. Stiles asked if this parcel was part of a flood plain area. Mr. Horne replied that it is designated on the Department of Housing and Urban Development flood plain maps as flood plain. Mr. Golladay asked when the last time a business was in operation in the building. Mr. Dickinson replied that it was sometime between 1974, when it was rezoned, and 1980, when it was down zoned. The use was auto parts and was leased by Rollin Meade and Sam Harder. Ms. Margaret West, adjoining property owner, came forward and introduced herself to the Commission. Ms. West was in opposition to the rezoning. There being no one else wishing to speak, Mr. DeHaven moved for approval. This motion was seconded by Mr. Stiles. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve rezoning request #002 -82 of Leon B. Zeiger to rezone 2.562 acres from A -2 (Agricultural, General) to B -2 (Business, General) for retail use in the Back Creek District. The above resolution passed by the following majority vote: YES: Messrs. Romine, Kirk, DeHaven, Golladay, Stiles NO: Messrs. Brumback, Myers, McDonald Rezoning Application #011 -83 of Charles C. and Elaine B. Longerbeam to rezone 153.7111 acres from A -2 (Agricultural, General) to R -3 (Residential, General). ACTION - Denied Mr. Horne read the background information. 1785 -3- Mr. Charles Longerbeam came forward and introduced himself to the Commission. Mr. Horne explained the reason for a 600' buffer area around the sewage treatment plant recommended by the state. The Commission discussed the suitability of residential development on this property with regard to topography of the land and the availability of services. The Commission also discussed transportation access. There was no public comment, either for or against rezoning. Motion was made by Mr. Kirk and seconded by Mr. DeHaven to approve this rezoning; however, the motion was defeated due to a tie vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny rezoning request #011 -83 of Charles C. and Elaine B. Longerbeam to rezone 153.7111 acres for residential, single family homes. The vote on this application was as follows: YES: Messrs. Stiles, DeHaven, Kirk, Romine NO: Messrs. McDonald, Myers, Golladay, Brumback Rezoning Request #012 -83 of BGW Inc. to rezone 71.024 acres from R -3 (Single - Family) to MH -1 (Mobile Home Community). ACTION - Withdrawn Chairman Brumback relinquished the chair to Vice - Chairman Golladay because of a possible conflict of interest. Chairman Brumback stated that he would not participate in the discussion for this rezoning. Mr. DeHaven stated that Virginia Pearl DeHaven, an adjoining property owner, was in no way related to him. Mr. Horne read a letter of withdrawal submitted by Mr. Ronald Ward. 1786 -4- Vice - Chairman Golladay accepted Mr. Ward's withdrawal of his application and stated that no further comments would be heard. The Vice - Chairman then relinquished the chair back to Mr. Brumback. Conditional Use Permit #008 -83 of R. D. Brown /Bauserman Oil Company, Inc. for an off - premises highway sign. ACTION - Tabled Mr. Horne stated that Mr. Brown has requested tabling of his application in order to gather more specifics on his application. Upon motion by Mr. Stiles, seconded by Mr. Kirk, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table conditional use permit #008 -83 of R. D. Brown /Bauserman Oil Company at the applicant's request. Conditional Use Permit #009 -83 of Gary Ray Hunt for a cottage occupation /small engine repair. ACTION - Approved Mr. Horne read the background material. Mr. Gary Ray Hunt came forward and introduced himself to the Commission. Mr. Stiles asked how close the neighbors were to Mr. Hunt. Mr. Hunt replied that the lot on the left side is vacant, but there are residences across the road and on the right side. There was no public comment either for or against this application. Upon motion by Mr. Stiles, seconded by Mr. McDonald, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve conditional use permit #009 -83 of Gary Ray Hunt for a cottage occupation /small engine repair in the Back Creek Magisterial District with the following conditions: 1787 -5- 1. This will be a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 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. No outside storage. 4. On -site parking to be provided. Conditional Use Permit #007 -83 of Yusaf Ali for a supervised campground for children. ACTION - Approved Mr. Horne read the background material. He also noted that he was in receipt of a copy of the American Camping Association Standards and presented the Commission with an explanation of the accreditation process. Mr. Yusuf Ali, applicant, came forward and introduced himself to the Commission. Mr. Ali stated that it was his intention to become a member of the American Camping Association. Mr. Ali stated that after opening, it will take about one year to become certified. Mr. Ali said that it normally takes this long to become certified after opening because of site inspections that need to be made and, in addition, there are courses that some employees must go through. In answer to Mr. Romine's question, Mr. Ali stated that ages of campers will be from eight to fourteen years old. Mr. Romine next asked if the camp would be operated year round. Mr. Ali stated that the camp will be operated daily during the summer months and during school months, the camp will be operated on weekends. Chairman Brumback asked for Mr. Sluder to comment on the water and sewer availability. Mr. Sluder stated that there are several 1788 options available for Mr. Ali to provide sufficient facilities. He stated that along with the existing system, Mr. Ali could install pit priveys, gallon flush toilets, or install a small sewage treatment plant. Chairman Brumback called for people wishing to speak in favor or opposition to the permit. The following persons spoke in opposition: Mr. John Haines was concerned about campers trespassing on his property, noise, and whether the value of his property would be decreased. Mr. Charles West was concerned about noise, depreciation of his home and property, and lack of security and privacy. Mr. West was also concerned about open air fires. Mrs. Charles West came forward and stated that she was concerned about the noise. Mrs. Susie Hott asked that Mr. Ali be required to put up a 10' fence. Mr. Jeff Miller, son of Mr. and Mrs. Rickles, stated that he attends band camp for one week and many campers wander off. Mr. Miller was also concerned about facilities for handicapped people. Mrs. Patricia Rickles stated that she was not an adjoining property owner, but the back of her property faced Magic Mountain. She was concerned about noise, the need for increased police and fire protection, and possible tax increase to cover this additional need. She was also concerned about facilities for handicapped persons, lawsuits due to injuries, safety of children in relation to wildlife, and adjoining property owners' wells going dry. 1789 -7- Mrs. Ellie Adams, wife of Richard L. Adams, came forward. Mrs. Adams wished to know where campers would come from, would they be allowed visitors, whether campers would be predominantly from one socio- economic group, and the ratio of campers to supervisors. Mr. Randy Riggleman stated that he was concerned with all items previously stated by the others along with the problem of dust pollution. Mr. Paul Sweeney came forward and asked that a fence be placed around the property. Mr. Sweeney asked that Mr. Ali be required to post bond to cover any damage caused by the campers. He also asked that adjoining property owners be relieved of any legal suit in case a camper is injured on private property. Mrs. Pam Haines and Mrs. Adams spoke in opposition due to the noise factor. Mr. Charles Neil stated that he was not an adjoining owner, but he wanted to know how many violations the camp would be allowed before it could be closed down. Mr. Ali was then allowed several minutes for rebuttal. The Commission next tried to answer the concerns of the people who spoke and then discussed additional conditions to be placed on the permit. Mr. Stiles moved to amend condition #5 to read, "Total campers on the site limited to no more than 100." This was seconded by Mr. Kirk and passed unanimously. Mr. Stiles moved to add condition #13 to read, "Campers are not to leave premises unless on emergency or on an organized and 1790 me supervised camp activity." This was seconded by Mr. Kirk and passed unanimously. Mr. Stiles moved to add condition #14 to read, "No motorized vehicles used by the campers." This was seconded by Mr. Kirk and passed unanimously. Mr. Stiles moved to add condition #15 to read, "The primary function of the camp shall not be for juvenile offenders, emotionally disturbed children, or as an alternative for incarceration." This was seconded by Mr. Romine and passed unanimously. Mr. Golladay moved to amend condition #10 to read, "When the camp is eligible for certification by the American Camping Association, it shall be so certified." This was seconded by Mr. Stiles and passed unanimously. Mr. Romine moved to add condition #16 to read, "No regular camping activities to be held within 150' of a property line." This was seconded by Mr. Kirk and passed unanimously. Upon motion by Mr. Golladay, and seconded by Mr. DeHaven, Be It Resolved, That the Frederick County Planning Commission does hereby approve conditional use permit #007 -83 of Yusuf Ali for a supervised campground for children with the following conditions: 1. This will be a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 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. Camping to be short -term, primitive camping for school -age children only. 4. No camping by travel trailers on a regular or fee basis. 5. Total campers on the site limited to no more than 100. 6. Any change in the basic nature of the camping will necessitate an amendment to this permit. 179 1 cm 7. All permanent occupancy structures for staff must meet Building Code requirements. 8. A site plan is required for Planning Commission approval. 9. All fund raising events to be reviewed by Board of Supervisors as to the need for an Outdoor Festival Permit. 10. When the camp is eligible for certification by the American Camping Association, it shall be so certified. 11. Camp shall have permanent, onsite camp manager at all times when camp in operation. 12. No alcholic beverages are permitted on the premises. 13. Campers are not to leave premises unless on emergency or an organized and supervised camp activity. 14. No motorized vehicles used by campers. 15. The primary function of the camp shall not be for juvenile offenders, emotionally disturbed children, or as an alternative for incarceration. 16. No regular camping activities to be held within 150' of a property line. The above resolution was passed by the following majority vote: YES: Messrs. Stiles, Myers, Golladay, DeHaven, Kirk, Brumback NO: Messrs. McDonald, Romine ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, Fran�b'ack, Chairman 0 J T. P. Horne, Secretary 1792