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HomeMy WebLinkAboutPC_01-05-83_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on January 5, 1983. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; M. Domenic Palumbo; Kenneth Y. Stiles; A. Lynn Myers; Manuel C. DeHaven; W. French Kirk; George L. Romine 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 December 15, 1982. Motion was made by Mr. Myers, seconded by Mr. Kirk and passed unanimously to approve the minutes of December 15, 1982, as presented.* BIMONTHLY REPORT The Commission discussed pending applications with the staff. ELECTION OF OFFICERS - 1983 ACTION - Elect Frank Brumback, Chairman Elect James Golladay, Vice - Chairman Incumbent Chairman, Mr. Frank Brumback, declared nominations open for Chairman and Vice - Chairman. ,The nomination of Mr. Frank Brumback for Chairman and Mr. James Golladay for Vice - Chairman for 1983 was made by Mr. Stiles and seconded by Mr. Palumbo. Upon motion made by Mr. Kirk, and seconded by Mr. McDonald, BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby close the nominations for Chairman and Vice - Chairman of the Planning Commission of said County. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick does hereby duly elect Frank Brumback as Chairman and James Golladay as Vice - Chairman of the Planning Commission of said County. The above resolutions were passed by the following vote:* YES: Messrs. McDonald, Stiles, Myers, DeHaven, Kirk *Mr. Romine was not present for this vote. 1667 -2- ABSTAIN: Messrs. Brumback, Golladay ACTION - Elect John T. P. Horne, Secretary Chairman Brumback declared nominations open for Secretary. The nomination of John T. P. Horne was made by Mr. Golladay and seconded by Mr. Stiles. Upon motion by Mr. Myers and seconded by Mr. Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby close the nominations for Secretary to the Planning Commission of said County. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick does hereby duly elect John T. P. Horne as Secretary to the Planning Commission of said County. The above resolutions passed unanimously.* ACTION - Schedule of Planning Commission Meetings for 1983 Upon motion made by Mr. Stiles, and seconded by Mr. Kirk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby declare that the Plannning Commission's regularly scheduled meetings will be held at 7:00 p.m. on the first Wednesday of each month and 2:00 p.m. on the third Wednesday of each month in the Board of Supervisors' meeting room, 9 Court Square, Winchester, Virginia. BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby declare that public hearings shall be held on the first Planning Commission meeting of each month, beginning at 7:30 p.m., in the Board of Supervisors' meeting room, 9 Court Square, Winchester, Virginia. BE IT FURTHER RESOLVED, That the Frederick County Planning Commission does hereby declare that the Planning Commission Worksessions shall be held the fourth Tuesday of each month from 7:00 p.m. to 9:00 p.m., in the Board of Supervisors' meeting room, 9 Court Square, Winchester, Virginia. The above resolutions were unanimously passed.* ACTION - Election of Committee Members for 1983 *Mr. Romine was not present for this vote. 1668 -3- Upon motion made by Mr. Stiles and seconded by Mr. Golladay, BE IT RESOLVED, That the Frederick County Planning Commission does hereby reinstate the same committee members to serve in 1983 as served in 1982, as follows: Comprehensive Plan Subcommittee Manuel DeHaven A. L. Myers James Golladay Kenneth Stiles Capital Improvements Plan Subcommittee Frank Brumback George Romine James Golladay Kenneth Stiles Ordinance Subcommittee Frank Brumback W. French Kirk A. L. Myers Carl McDonald Liaison to Winchester - Frederick County Economic Development Commission M. Domenic Palumbo George Romine (EDC Coordinator) Y ` Liaison to Sanitation Authority; W. French Kirk v'�1 The above resolution passed unanimously.* SITE PLANS Site Plan #023 -82 of Stonewall Industrial Park, zoned M -1 (Light Industry), to widen and strengthen approximately 1,100 feet of existing roadway and to construct approximately 3,800 feet of new roadway in the Stonewall Magisterial District. ACTION - Approved Mr. Horne read the background material. Mr. Horne added that approval of this site plan should be made subject to the submission of utility extension plans to the staff when they become available. Mr. Horne reminded the Commission that utilities must be extended to *Mr. Romine was not present for this vote. 1669 -4- each tract before any subdivision is approved, due to a change in the subdivision ordinance last year. Mr. Stiles requested that a separate site plan be submitted for utility extension. Mr. DeHaven inquired if the roads were being built by the State Highway Department or Mr. Gilpin. Mr. Horne replied that the roads were being built by Mr. Gilpin at his own expense. Mr. Thomas Gilpin, representative for Lenoir City Company of Virginia, came forward and introduced himself to the Commission. Mr. Gilpin felt these roads would improve the park from both an aesthetic and traffic standpoint. Mr. Gilpin stated that he does not have any problem with submitting a utility extension plan. Mr. Stiles asked if Mr. Gilpin planned on extending roads within the park in the future. Mr. Gilpin replied that this was his general intention and he then pointed out the direction of the proposed roads and possible future roads on a site plan. He also pointed out the existing utility trunk lines. Mr. Stiles next moved to approve Site Plan #023 -82 as submitted and he also moved that an additional site plan be submitted for the extension of utility services along the roadway. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #023 -82 of Stonewall Industrial Park to widen and strengthen approximately 1,100 feet of existing roadway and to construct approximately 3,800 feet of new roadway in the Stonewall Magisterial District. 1670 -5- BE IT FURTHER RESOLVED, That the Stonewall Industrial Park is required to submit an additional site plan for the extension of utility services along the roadway. The above resolution was unanimously passed. INTRODUCTION OF NEW COUNTY ADMINISTRATOR Chairman Brumback introduced John Riley, the newly appointed County Administrator, and invited him to any future Planning Commission meetings he wished to attend. PUBLIC HEARINGS Rezoning Request #009 -82 of Guy J. Oates to rezone 24,377 square feet now zoned A -2 (Agricultural - General) to B -2 (Business - General) for a used car dealership in the Back Creek Magisterial District. ACTION - Approved Mr. Guy J. Oates came forward and introduced himself to the Commission. Mr. Palumbo asked Mr. Oates how many cars he would have on the property and Mr. Oates replied that he would have two dozen. Chairman Brumback asked for anyone wishing to speak either in favor or opposition to the request. No one came forward. Mr. Palumbo moved to approve this rezoning and this motion was seconded by Mr. Kirk. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #009 -82 of Guy J. Oates to rezone 24,377 square feet from A -2 (Agricultural - General) to B -2 (Business - General) for a used car dealership in the Back Creek Magisterial District. Conditional Use Permit #018 -82 of Jacob Puffenberger for a Public Garage for Towing Service and Auto Repair in the Gainesboro Magisterial District. 1671 ACTION - Tabled Mr. Horne gave the background information. Mr. Horne added that under applications for public garage in the zoning ordinance, there are a number of conditions that have to be met in addition to those conditons placed on the permit by the Planning Commission. Mr. Horne then proceeded to read those zoning ordinance conditions. Mr. Jacob Puffenberger came forward and introduced himself to the Commission. Mr. DeHaven asked if the applicant intended to continue salvaging and selling auto parts and if so, how many salvage vehicles would he have on the property. Mr. Puffenberger replied that he would continue salvaging vehicles and that he would have about 100 vehicles. Mr. DeHaven felt that this type operation should be in an M -2 zone. Chairman Brumback noted that the Commission is only considering an application for a towing service /auto repair and not a salvage yard. Mr. Horne explained that Mr. Puffenberger has a valid state permit that allows a salvage operation to be conducted on this property since 1973. Mr. Horne added that this use has been a nonconforming business since 1973. Mr. Gyurisin next gave some background information on the history of Mr. Puffenberger's operation. Some members of the Commission expressed concern that the existing salvage operation may be operating in violation of the code. Members felt that a determination on the validity of the existing 1672 -7- salvage operation should be made before any additional uses are considered. Chairman Brumback called for anyone wishing to speak in favor or opposition to this application. Mr. James W. Shumar came forward and stated that he owned the property immediately west of Mr. Puffenberger's. Mr. Shumar spoke in disfavor of the salvage operation. He said that Mr. Puffenberger's salvage yard has mushroomed in the last several years. Mr. Shumar noted that with regard to the garage operation, he was not terribly concerned as long as it was conducted according to the conditions listed on the permit. Mr. Stiles asked Mr. Shumar if this use existed when he purchased the adjoining property and Mr. Shumar replied that there were some cars on most of the lots in the area, but nothing existed of this magnitude. Mr. Wayne Kerns next came forward and stated that he owned and operated Wayne's Garage. He explained that he had been before the Planning Commission several times regarding his own conditional use permit. He stated that he had approximately 105 automobiles on his place in 1962. Before he was considered for a conditional use permit, he was ordered to get rid of all his cars before he could apply. He also noted that the State would not bond him until he squared things away with the County. He stated that if the Conditional Use Permit for Mr. Puffenberger is approved as is, the Commission is giving Mr. Puffenberger something they took away from him. Mr. Myers next moved to table Conditional Use Permit #018 -82 of Jacob Puffenberger until the meeting of January 19, 1983, in order 1673 to allow time for the staff to determine the status of the salvage operation. This motion was seconded by Mr. McDonald. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Conditional Use Permit #018 -82 of Jacob Puffenberger until the meeting of January 19, 1983, in order to allow time to determine the status of Mr. Puffenberger's salvage operation. The above resolution was unanimously passed. Conditional Use Permit #019 -82 of Michael D. Hockman for a Cottage Occupation /Ambulance Service in the Shawnee Magisterial District. ACTION - Denied Mr. Horne read the background material. Chairman Brumback requested that Mr. Horne read that portion of the zoning ordinance pertaining to cottage occupations and Mr. Horne did so. Mr. Horne also commented that there is more than one person involved in the business other than members of the family living on the premises. Mr. Michael Hockman came forward and stated that he was half owner of the F & F Ambulance Service. He said that the co -owner was Michael Fultz and they were both members of the Winchester Volunteer Rescue Squad. Mr. Hockman explained that the F & F Ambulance Service is operated as a compliment to the Rescue Squad to provide emergency and nonemergency transports to and from medical facilities within and outside of the Winchester area. Mr. Hockman added that there is one outside employee, his wife, who works full -time at this location. He felt the business was incidental because the location is used primarily as a residence by the tenants, Mr. and Mrs. Edward Faircroft. Mr. Hockman further added that several outside employees are occasionally 1674 involved and they are members of the Winchester Volunteer Rescue Squad who transport individuals with F & F vehicles. In answer to Chairman Brumback's question, Mr. Hockman replied that Edward Faircroft leases the house from his father, Mr. Dwayne Hockman. He further explained that Mr. Faircroft works full -time for F & F Ambulance Service. Mr. DeHaven inquired if Mr. Hockman owned the ambulances and Mr. Hockman replied that he owned both ambulances. Mr. Romine asked Mr. Hockman if this operation was a private, profit- making business and Mr. Hockman replied that it was. Mr. Howard Sharp came forward and stated that he lived directly across the street from F & F. Mr. Sharp stated that he has frequently seen a third vehicle at the site, a 4 -door automobile with the F & F Ambulance name printed on the side. Mr. Sharp inquired if Mr. Hockman would be permitted to post a sign on the property. Mr. Sharp also inquired if F & F could apply for commercial zoning if the business expanded. Mr. Sharp was concerned that a commercial zone may lessen the value of his property. Mr. Horne stated that a sign is permitted if no condition was placed on the operation by the Commission prohibiting one. Mr. Horne noted that in his opinion, this business is at its maximum capacity for consideration as a cottage occupation. Mr. Sharp asked about the other people who frequent the business and Mr. Horne replied that the applicant feels these people frequent the property very seldom and, therefore, should not be considered as actual members of the business operating at this location. 1675 -10- Chairman Brumback noted that the big difference between this conditional use permit and others in the past is that the people who own the business do not live where the business is actually located. Normally, the cottage occupation is for persons who own and live in the house. Other members of the Commission also felt that this operation did not conform with what a cottage occupation was set up to be. Mr. Kirk moved to deny Conditional Use Permit #019 -82 of Michael D. Hockman for a Cottage Occupation /Ambulance Service and this motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby disapprove Conditional Use Permit #019 -82 of Michael D. Hockman requesting a Cottage Occupation /Ambulance Service in the Shawnee Magisterial District. The above resolution passed by the following majority vote: YES: Messrs. Romine, DeHaven, Kirk, Golladay, Brumback, Myers, Palumbo, McDonald NO: Mr. Stiles Conditional Use Permit #020 -82 of Joseph C. Smith for an Off -Site Commercial Sign approximately 15' X 15' to advertise Jumpin "J" Restaurant in the Stonewall Magisterial District. ACTION - Approval Mr. Horne gave the background information. Mr. Joseph Smith came forward and stated that he obtained permission from Supreme Block to put the sign on their property. He said that he would like to get the sign as close to Route 11 as possible without blocking the bank sign. He added that he was willing to go along with any requirements. 1676 Mr. Horne next read a letter from Mr. Fred L. Glaize, III, who was in opposition to this request. Upon motion made by Mr. Golladay, seconded by Mr. Stiles, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby include the letter from Mr. Fred L. Glaize, III as a part of the official record, as follows: Fred L. Glaize, III P.O. Box 2598 Winchester, Virginia 22601 January 4, 1983 Mr. John Horne, Director Department of Planning and Development COUNTY OF FREDERICK P.O. Box 601 Winchester, Virginia 22601 Dear John: The undersigned protests the conditional use request of Joseph C. Smith of Jumpin' J to locate a sign close to our property, known on the tax map as # 43000 -A00- 0000 - 0000 - 0050 -0. We feel the sign would detract from our property. Very truly yours, /s /Fred L. Glaize, III Fred L. Glaize, III FLG,III /sl Mr. Stiles next moved for approval of Conditional Use Permit #020 -82 with the conditions listed under "Staff Recommendations" and with the addition of, "...as determined by the staff" to the third condition. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby appprove Conditional Use Permit #020 -82 of Joseph C. Smith for a 15' X 15' off -site commercial sign advertising the Jumpin "J" Restaurant in the Stonewall Magisterial District with the following conditions: 1. This be a one year permit to be reviewed annually by the staff, Planning Commission, and Board of Supervisors. 1677 -12- 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. Sign shall not block view from road of the adjacent bank sign or the night depository as determined by the staff. The above resolution was passed by the following vote: YES: Messrs. McDonald, Palumbo, Stiles, Myers, Golladay, DeHaven, Kirk, Romine ABSTAIN: Mr. Brumback DISCUSSION OF ANNUAL REPORT Mr. Stiles asked if there had been any continuing complaints about violations on any of the conditional use permits for 1982. Mr. Horne replied that he had not received any complaints. Mr. Gyurisin stated that he was in the process of doing annual reviews on conditional use permits and if any Commission members receive complaints, please inform the staff. Mr. Horne stated that the staff will present the entire list of conditional use permits to the Commission at the next meeting. Mr. Golladay moved that the Annual Report for 1982 be made an official part of the record and this motion was seconded by Mr. Kirk BE IT RESOLVED, That the Frederick County Planning Commission does hereby include the 1982 Annual Report from John T. P. Horne as a part of the official record. (Attached as Exhibit A) The above resolution passed unanimously. ADJOURNMENT There being no further business to discuss, Mr. Golladay moved for adjournment. This motion was seconded by Mr. Romine and passed unanimously. Respectfully submitted, Frank Brufnback, Chairman 4 g 4L n T. P. Horne, Secretary 1r7R