HomeMy WebLinkAboutPC_08-07-85_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia, on August 7, 1985.
PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr., Vice - Chairman;
George L. Romine; W. French Kirk; A. Lynn Myers; Kenneth Y. Stiles;
Carl M. McDonald; Manuel C. DeHaven; John T. P. Horne, secretary;
Stephen M. Gyurisin, advisory
ABSENT: Marjorie H. Copenhaver
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 17, 1985.
Upon motion made by Mr. Kirk and seconded by Mr. McDonald, the minutes of
July 17, 1985 were unanimously approved as presented.
BIMONTHLY AND MONTHLY REPORTS
The Commission and staff discussed pending applications.
COMMITTEE REPORTS
Economic Development Commission
George L. Romine, Economic Development Coordinator, said that
everything is going smoothly with the Certification Program. For the last
evaluation, they will be sent a prospect profile and must deal with the
Certification people as if they were a prospect.
Transportation Committee
James Golladay, liaison to the Transportation Committee, stated that
they will be meeting in September to discuss the Six -Year Road Update.
Fire Protection Committee
Mr. Golladay, liaison to the Fire Protection Committee, stated that
they will be meeting in September to discuss fire protection policies for the
rural areas.
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Sanitation Authori
Regarding the sewage facilities at Clearbrook /Stephenson, Mr. Horne
said that the Rural Community Center Subcommittee is in the process of
drafting their recommendations and those should be available at the Planning
Commission's next meeting.
DISCUSSION ON LAKESIDE SPECIAL ORDER LIMITED MORATORIUM
Mr. Horne presented a copy of a memorandum from Mr. Jones of the
Frederick County Sanitation Authority to the Authority's Board of Directors
and a copy of a special order limited moratorium issued by the State Water
Control Board to the Sanitation Authority. Mr. Horne said that this order
places some stringent limitations on the number of connections that can be
placed on the Lakeside Sewage Treatment Plant. He said that this will affect
the Lakeside Estates Master Development Plan proposal, the Wakeland Manor
development, and the Hardison /Gregory proposal (Air Freight Delivery) for the
Kernstown interchange development area:
Mr. Stiles asked for the number of connections curently on the plant.
Mr. Horne said there is approximately 220. He added that there are a number
of units in Lakeside, Section II, which were previously platted and not a
part the most recent Lakeside Master Development Plan. These units have
'approved building permits, are currently being constructed, and will count
against this 220 connection figure.
Mr. Golladay asked what the procedure would be for a person who has
already purchased a lot and wants to build. Mr. Horne said that all permit
applications for this area must be sent to the Sanitation Authority for Mr.
Jones' approval signature.
Chairman Brumback asked Mr. Horne if he knew when the Sanitation
Authority would correct this problem at Lakeside. Mr. Horne replied that
television equipment to inspect the lines is on order now and Mr. Jones
anticipates significant progress through the winter. Mr. Jones is hoping to
find some of the larger inflow problems, repair those and thereby decreasing
flow to the plant. Mr. Horne said that the major problem is not sewer, but
infiltration due to broken pipes.
After some further general discussion, the Chairman requested that the
staff keep the Commission informed on the situation.
DISCUSSION OF PROPOSED ORDINANCE AMENDMENTS REGARDING SOCIAL CENTERS
Mr. Horne presented a series of zoning ordinance amendments concerning
social centers. Those amendments included a definition of social centers and
made provisions to allow social centers in the A -1, A -2, and RP zones with a
conditional use permit. Mr. Horne said an attempt has been made to clearly
designate these centers as "owned or leased by a nonprofit organization" and
to separate them from other commercial outdoor /indoor recreational
facilities.
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The Commission and staff next discussed whether related activities or
accessory uses should be listed in the amendment, but it was decided that as
long as this use requires a conditional use permit and is reviewed and
renewed annually, activities at the site can be controlled. Chairman
Brumback then instructed the staff to advertise these amendments for public
hearing on September 4, 1985.
PUBLIC HEARINGS
Rezoning Application #004 -85 of Harkins Associates, Inc. to rezone 3.5 acres
from B -1 (Business, Limited) to B -2 (Business, General) in the Opequon
Magisterial District.
ACTION - Approved
Mr. Horne gave the background information.
Mr. Henry Williams, Project Developer with Harkins Associates, came
forward as the representative for this application. Mr. Williams explained
that Harkins Associates is a developer /general contractor out of the
Washington Metropolitan area, but has worked in other areas, including the
Shenandoah Valley.
Mr. Golladay noted that the application states that no food service
facility will be available and asked if this may be considered for the
future. Mr. Williams replied that none has been projected for the future;
however, a food service facility could be built, as designers have stated
that the motel could be developed on about 2.5 of the 3.5 acres. He said
that the area immediately behind the Kentucky Fried Chicken has a natural
swale and a drainage problem. Mr. Williams said that Harkins intends to go
back on the high point and not get involved in costly grading. He said that
if a restaurant function was decided on, it could be located between the
Kentucky Fried Chicken and the motel; however, this idea has not been
pursued.
Mr. Stiles asked if the rezoning should have been approved before the
Industrial Revenue Bonds were approved. Mr. Williams explained that at the
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time the property was optioned they thought it was zoned properly. He said
that since the State only has a three -month or quarterly cycle to make
application for Industrial Revenue Bonds, they decided to proceed anyway in
order to be in a position to break ground in October.
Mr. Golladay said that he had not received any calls from adjoining
property owners and moved for approval of the rezoning. This motion was
seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Rezoning Application #004 -85 of Harkins Association, Inc. to rezone
3.5 acres, located south of the intersection of Routes 277 and 1012 at the
Stephens City exit of Interstate 81, behind the Kentucky Fried Chicken, from
B -1 (Business, Limited) to B -2 (Business, General) for a two - story, 60 room
motel with ancillary offices and no restaurant or beverage service.
Rezoning Request #005 -85 of Joseph W. and Evelyn M. Homa to rezone 0.994
acres from A -2 (Agricultural, General) to M -1 (Industrial, Limited) in the
Opequon Magisterial District.
ACTION - Forwarded to Board of Supervisors without a Recommendation
Mr. Horne gave that background information.
Mrs. Evelyn M. Homa, President of Jo -Lynn Manufacturing, came forward.
Mrs. Homa stated that they manufacture children's wear. She said that they
have two small plants - -both on Route 522 South. Mrs. Homa said that they are
trying to consolidate both 'plants.
Mr. Stiles asked how many persons are employed and what size building
Mrs. Homa wanted to construct. Mrs. Homa said that her employees vary from
15 -20 at this site. She said she would like to construct, at the very least,
a 6,000 square foot building.
Mr. Walter Franz, adjoining property owner, came forward and stated
that he has no objection to the business that is currently being operated at
this location, but he does object to the storage of junk behind the building.
Mr. Horne explained to the Commission that Mr. Franz is referring to
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camper tops and other items being stored by Mr. Shelly on the rear of Mrs.
Homa's property. Mr. Horne said that the County has contacted Mr. Shelly and
his attorney ordering him to remove the items or he will be taken to court.
Mrs. Walter Franz, adjoining property owner, came forward and stated
that she was concerned about people loittering around the junk late at night.
Col. Myers asked Mr. Homa how many employees he intended to have in
the new building. Mr. Homa said that they would combine the two plants and
have about 42 employees. Col. Myers asked if there would be enough space for
parking since the lot was less than an acre. Mr. Horne said that Mr. Homa
would need 27 spaces for the number of employees mentioned.
Mr. Golladay commented that Jo -Lynn is an ideal commercial
manufacturing business for a new Commercial Industrial Zoning category. He
said that because they are completely enclosed, not open at night, and there
have been no complaints, this is an ideal business that could be mixed with
commercial uses. However, under the current Ordinance, Mr. Golladay was
concerned about the multiplicity of other uses this property could be put to
and the fact that this would be spot zoning. Mr. Golladay then moved for
denial. This motion was seconded by Col. Myers and the vote on this motion
was as follows:
YES: Messrs. McDonald, Myers, Brumback, Golladay
NO: Messrs. Stiles, DeHaven, Kirk, Romine
Upon motion made by Mr. Stiles and seconded by Mr. Golladay,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
forward Rezoning Request #005 -85 of Joseph W. and Evelyn M. Homa to the Board
of Supervisors without a recommendation because of a tie vote decision on
this application.
The above resolution was passed by the following vote:
YES: Messrs. McDonald, Brumback, Golladay, Stiles, DeHaven, Kirk, Romine
NO: Col. Myers
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Conditional Use Permit #009 -85 of Hansford Houston and Virginia P. DeWeese
for a Cottage Occupation /Small Woodstain Packaging in the Stonewall
Magisterial District.
ACTION — Denied
Mr. Houston DeWeese introduced himself to the Commission. Mr. DeWeese
stated that this operation, a service to his company, involves removing wood
stain from large drums and filling pint containers for packaging and shipment
to American Woodmark. Mr. DeWeese said that the company he works for
(Reliance Universal) is an industrial company and the stain decanting and
packaging is a commodity —type operation and not large enough for his company
to deal with. Mr. DeWeese said that he did not intend to start a business,
but was doing this as a service to his business.
In answer to Mr. McDonald's question, Mr. DeWeese said that the stain
is not considered flammable, but is considered combustible and is generally
the same composition as oil based paint.
Mr. Vernon E. Marstellar, adjoining property owner, said that he had
no objections to the operation. He then proceeded to show the Commission
some slides he took of Mr. DeWeese's operation.
Mr. Steve Swager, Personnel and Safety Director of American Woodmark
Corporation, said that he has had a close working relationship with Mr.
DeWeese during the past six years and that Mr. DeWeese runs a first rate
operation and is very concerned with safety.
Mrs. Mary Bassler, adjoining property owner, presented a letter of
opposition to the Commission. Mrs. Bassler was concerned that this operation
would violate the property restrictions of the Spring Valley Subdivision,
that the stain could contaminate the environment, and that a chemical paint
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stain mixing operation would negatively affect both the beauty and the
property values of the area.
Mr. Jerry Bassler, adjoining property owner, came forward to speak in
opposition. Mr. Bassler stated that an industrial chemical paint mixing
operation is not a normal Cottage Occupation and does not belong in a
residential area. He was also concerned about contamination of the
environment.
Upon motion by Mr. Golladay, seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
include the letter of opposition from Mr. and Mrs. Bassler in the official
record as follows:
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Route - Bo>: 1_068
Winchester, Va. 22601
August 7, 19
The Frederick County Planning Commission
Board of Supervisors' Meeting Room
9 Court Square
Winchester, Virginia 22601
Dear Sir /Madame:
Jerry and Mary Bassler, ov:ners of Lot 13, Section 1, (x.12
acres zoned A2) in the Spring Valley Subdivision in the Stone-
wall Managerial District wish to go on record opposed to the
granting of a conditional use permit for a chemical paint and
stain formulating operation, described in their application for
a conditional use hermit by Hansford Houston De'+'.'eese and 'Virginia P.
Deideese (Lot 19, Section 1 of the Sprint Valley Subdivision) as
a cottage occupation.
We cannot stand idly by and apparently acquiesce to their
reauest which violates the restrictions running with the land
in the Spring Valley Subdivision. These restrictions in the
Deed Book of Frederick County, Virginia, Book 467, Page 40,
state:
1. Nothing but a single family dwelling or residence
designed for the occupancy of one family shall be
erected on any of the lots in the subdivision....
Such lots shall be used for residential purposes
only."
" 9. All lots shall be kept clean at all times, and
free from ,junk, rubbish, garbage and other noxious
matter."
"ll. No noxious or offensive activity shall be carried
on upon any lot, nor shall anything be done there-
on which may be or may become an annoyance or
nuisance to the neighborhood."
"Thc above covenants are to run with the land and shall
be binding on all parties and all persons claiming under them for
a period of seven (7) years -from the date these covenants are re-
corded, after which time said covenents shall be automatically
extended for successive periods of seven (7) years unless an
instrument signed by eighty per cent (800) Of the then ownera
of the lots has been recorded, agreeing to change said covenents
in whole or in part."
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7
Thy' Fre(ic.� ission
Since every let QV,'nCT' t ! c notice of the recorded plod.
Tv'r . and 1 6rs. De"'eesc had constructive notice of the s. U�` o.
tions and could have made sure the zoning of the lan" C!JlC
their plans for its use. Literal compliances to the iest
w. not cause i:,n( :ue T1-E: hardE"r1i-:) must be and
peculiar to the particular pro,erty. That fact that a Tian .:an
U
make more money by devo his property to another purpose is
not a le hardship. A hardship must not be self-cy•-a If
a hardship exists, it was self - created. The De'.Veeses bulilt a
garage for this chemical operation prior to their ap-u ir;atjon.
Yet the application states they elan to build. it.
This paint and stain mixing operation may not even be 6C-S-IrabIc
in an industrial- parl due to the toxic nat-,ire of the materials
aged Many paint and —D.--atiLD-i� are not lover In 1-iL-,ht
industrial parks and certainly they do not belong in a QU4,,1
residential neighborhood, without any sanitary sewer utilities,
dependent upon uncontaminated ground water supply and with private
roads that are not designed for '6 use of tr uc'7s bring-- in
drums of chemical raw materials and hauling out cases of finished
materials in the form of oain,'Us and varnishes. This chemical
operation may even belong in a medium to heavy industrial se-t-",r
There is a definite toxic waste Problem. P.n pa
yone who has PaInted,
even around his home, 1 =% , , - s it is difficult to clean up after the
job. Whall, do you. do �with the clean solvents and Solutblons, the
soiled wiping rags, the used containers, drums and other v.astes?
What happens when there are spillages? There is a, strea just
below and to the east of this proposed industrial industry. "last:
travels into and through the ground. The soil and well-water sup-
, 31v easily be-ome con'an1l'nate' fro- normal spillage of these
L U U
toxic materials.
What is a cottage occupation? V,'hen a ;,,rian recei\ , eQ so miuch per
tire for removinF I
tires fro business establishments and stored
the-m on his property over the objections of rnany.3eople in his
neighborhood, was he engaged- in a cotta cocci 1 r. 7 h e n
these products of his enterprise burned, causing hardsh-J-il tC !
neighbors and the community, was he engaged in a safe cottage
occupation, providing revenue to Fre: County?
The mixing and Storage of paints and stains is a noxious offensive
activity. It will be an annoyance to an� ronEl, who lives in this
residentail subdivision and the surroundinp areas. It will become
a greater annoyance as this che.riical activity thrives and grows.
There will always be the next order for a larger batch of chemical
stains and varnishes which will reouirc greater chemical raw
materials There will be increased traffic bringing raw materials
in and carrying finished products t o the .market. Then there will
be the one, two, or three employees needed in the business with
the resulting traffic disturbances, trash thrown from cars and
unsightly par!
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a
The rrederiuT7 _'Ot_>;7 ty .._._`!Y1 "I �I[' (, OiT �!1S�10Y - - - al S
We oppose the granLinp. of al;y conQiticnai use permit for eore-
'lentioned. Lot 1 -9 on t71e Frounu ; that it will have an undue
effect on this naturally beauti any', scenic quiet residen
neighborhood, unble:iiiShed even by overhead electric lines. _r„C.
residents of Frederic]. County have a starfe in :oreserving the llealt};
of our uroperly zoned and restr-ict� Iesidential community.
lly,
ary 3E.ssle;
CC: John T. P. Horne, Yl annin Direct CY',
Department of Plannin" and llevelop;l.ent,
Frederic: County, Virginia.
Stephen 1. Gyusisin, Deputy Director,
Department of Planning, and Development,
Frederici; County, Virginia
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After further discussion between Mr. DeWeese and the Commission on the
particulars of the operation, Mr. Stiles moved for the addition of the
following conditions to be added to the two suggested by the staff:
3. No employees other than Hansford Houston DeWeese and Virginia P. DeWeese.
4. All operations are to be conducted entirely within the building.
5. No retail sales at the property.
6. Deliveries to and from the operation shall be done by the applicants
personal truck and not by any I.C.C. licensed common carrier.
This motion was seconded by Mr. McDonald and passed unanimously.
It was felt by some members of the Commission that this operation was
not the normal type of operation intended for a Cottage Occupation and that
this use did not belong in a residential area. They also felt that the
factories buying or selling this product could provide a space for Mr.
DeWeese to decant and package the wood stain.
Upon motion made by Mr. DeHaven, seconded by Mr. Kirk,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
deny Conditional Use Permit #009 -85 of Hansford Houston and Virginia P.
DeWeese for a Cottage Occupation /Small Wood Stain Packaging at Lot 19, Spring
Valley Subdivision.
The vote on this resolution was:
YES (to deny): Messrs. Myers, Golladay, DeHaven, Kirk, Romine
NO: Messrs. McDonald, Stiles, Brumback
REQUEST FOR POLICY STATEMENT
Mr. Stiles requested that the staff prepare for consideration a
general policy statement stating that deed convenants and restrictions will
be one item of consideration on applications submitted to the Commission.
Mr. Stiles felt this would not put the Commission in the position of
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enforcing deed convenants, but would give the Commission a basis for
judgement on applications under consideration.
REQUEST FOR ORDINANCE CHANGE
Mr. C. William Orndof,f, Board of Supervisors liaison to the Public
Works Committee, requested that the Commission consider a change to the
ordinance stating that any department of Frederick County intending to
construct or move any buildings or public utilities shall be required to
submit a site plan for the public's information and input. Chairman Brumback
instructed the staff to work with Mr. Orndoff to draft a written proposal for
the Commission's review.
ADJOURNMENT
There being no further items to discuss, the Chairman adjourned the
meeting.
Respectfully submitted,
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�'nk rum 5ck, Chairman