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HomeMy WebLinkAboutPC_02-07-96_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on February 7, 1996. PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice Chairman/Back Creek District; S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Marjorie H. Copenhaver, Back Creek District; Jimmie K. Ellington, Gainesboro District; George L. Romine, Citizen at Large. Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Opequon District; and Richard C. Ours, Opequon District Staff present Robert W. Watkins, Director and Secretary; W. Wayne Miller, Zoning Administrator; Eric R. Lawrence, Planner I; Kris C. Tierney, Deputy Director; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES OF DECEMBER 6, 1995 AND JANUARY 3, 1996 Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of December 6, 1995 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Wilson, the minutes of January 3, 1996 were unanimously approved as presented. 4135 2 BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Transportation Committee - 02/6196 Mtg. Mr. Watkins reported that the Transportation Committee discussed the Primary Road Allocation Plan, which is the plan prepared each year requesting funding from the State for primary road projects. Mr. Watkins said the plan will be brought before the Commission for review in the near future. Winchester Planning Commission Mr. DiBenedetto reported that the Winchester City Planning Commission is discussing ordinances that will be proposed to preserve single family housing in certain areas of the City and reduce the number of apartments. He said that they are also beginning review and update of the Winchester City Comprehensive Plan. PUBLIC HEARINGS Conditional Use Permit #014 -95 of Donald R. Merritt to re- establish a non - conforming use for the storage and distribution of porta - potties. This property is located at 558 Marple Road (Route 654) and is identified with PIN 441 -A -122 in the Gainesboro District. Action - Recommended Denial Mr. Miller presented photographs of the site. He then presented the background information and review agency comments. Mr. Miller said that the applicant, Mr. Donald Merritt, is requesting to use a building on property owned by John E. Shelly to store portable toilets for distribution. Mr. Miller said that the storage of portable toilets would be accessory to a primary use of providing this service. He explained that since the primary use is not permitted in the RA Zoning District, it would be questionable as to whether this use is of lesser or equal nonconformity. Mr. 4136 Miller said that the staff believed that allowing this use would be allowing a more intense use that is more nonconforming Mr. Miller said that the scope of the proposal is of a magnitude outside of the capability of the structure that is proposed to be used for the storage. He said that the location is on a hill and is clearly visible from several adjoining residences and there is a fairly dense residential use in this area. Mr. Miller continued, stating that he had received 14 phone calls in opposition to this request, which is more than he has received for any other CUP he has ever reviewed. Mr. Miller stated that the staff was recommending denial of this request because it is not clearly established that this use may be allowed under the nonconforming use provisions, because of the current conditions at the site, and because of the potential impacts on surrounding properties. Members of the Commission asked Mr. Miller to describe the primary business and asked if it had been determined that the business was a legal non - conforming use. Mr. Miller explained that the Merritts' business is located at their home, down the road from the proposed CUP, and is a septic system pump and haul operation, with several large trucks, a roto- rooter service, with two trucks, and a porta -potty business. Mr. Miller said none of these businesses are authorized in the RA Zoning District in which they are located. He said that charges have been filed for operation of an illegal business and a court trial is pending on the matter. Mr. Donald R. Merritt, Jr. came forward and stated that he was the owner of Merritt's Sanitation Roto- Rooter Service and B &D Porta- Potties. He said that he has been operating the septic service for 20 years and the roto - rooter service for 17 years. Mr. Merritt said that the portable toilets were located on his property; however, the Zoning Administrator had received a complaint about them and he was told to remove the toilets from the property. Mr. Merritt said that he moved the toilets to Mr. John Shelly's property and complaints were received about them being stored there. Mr. Merritt stated that he is looking for another place, however, he felt the business and industrial land in the county was too expensive. Mr. Merritt said that he has a business license and has been paying taxes on his business each year. Mr. Miller clarified that a business license does not authorize a business at a given location - -only the zoning of the land permits a business to be authorized. Chairman DeHaven called for public comment and the following persons came forward: Mrs. Abrell came forward to speak in favor of the conditional use permit. Mrs. Abrell said that Mr. Merritt's business is not the only business in this immediate area. She felt it was a clean operation and that everyone in the area uses the service. Mrs. Abrell felt the business license issue was misleading for the average citizen in that one would assume a business was legal if a business license was obtained. Mrs. Jeanie Merritt, wife of Donald R. Merrit, Jr., came forward to speak in favor 4137 of the conditional use permit. She said that she had proof that Mr. John Shelly's business has been in operation since the 1960's. Mrs. Merritt also stated that their business has been in operation since 1975 -76 and she just found out from the Zoning Administrator that the business was illegal. The following persons came forward to speak in opposition to the conditional use permit: Mr. Alfred H. Feltner, adjoining property owner, had several complaints about Mr. Merritt's Septic Tank Cleaning and Porta- Potties operation. His complaints included the dumping of sewage on the property, spilling sewage while transferring it between trucks, odors emitting from the operation, and the devaluation of his property and home value. Mr. Feltner also had concerns about the health risks associated with sewage being dumped and spilled on the ground and the contamination of ground water and creeks. Mr. Feltner said that he has been putting up with the odors and the dumping for years. He said that Mr. Merritt has drained his truck and has placed portable toilets as close as 20' from Mr. Feltner's property. Mr. Feltner said that he contacted the Health Department and they in turn have contacted the State Water Control Board. Mr. Feltner said that Mr. Merritt has been in operation 2 '/2 years since he was first notified that his business was illegal and since that time, has purchased more trucks instead of purchasing property elsewhere that is zoned properly for his business. Mr. Feltner presented photographs to the Commission. Mrs. Hazel Shanholtz, adjoining property owner, said that Mr. Merritt has been a source of harassment to her since his business began. Mrs. Shanholtz said that Mr. Merritt wanted to cut through her fence and dump sewage into her woods, however, she would not allow him. She said that she contacted the Department of Agriculture concerning what Mr. Merritt wanted to dump and they told her that it would render the ground sterile for 2 -3 years. She said that Mr. Merritt has dumped black fluid out on the main road in front of her driveway; he has a hose propped up against her fence and in the summer, it emits a terrible odor. She said that Mr. Merritt has dumped 50' from her well and she was concerned about contamination of her water source. Mrs. Shanholtz said that she is concerned that Mr. Merritt has no bathroom facilities for his employees. She said that he also doesn't have a place to put snow when he clears his lot. She said that Mr. Merritt has placed snow into her fence and just recently, unloaded a bucket of snow on top of her fence and damaged it. Mrs. Shanholtz said that she has put up with retaliation from him for not doing what he wanted her to do. Mr. Bruce A. Clark, adjoining property owner, was concerned about the devaluation of his property, the odors, and disruption of the residential neighborhood. Mr. Steve Messick, neighborhood resident, was concerned about the devaluation of his property and he was also concerned about the health hazards from dumping of sewage on the ground. Mr. Sid Messick, neighborhood property owner, said that this area is zoned residential and is for residential housing, not businesses. Mr. Messick was concerned about the integrity of his home and the real estate loss of having Mr. Messick's business here. He also was concerned about 4138 dumping on the property. Mr. Donald Merritt came back to the podium and said that before the Opequon Treatment Plant was built, he did dump on the ground. Mr. Merritt said that before the treatment plant was built, everyone in the sewer businesses did the same thing. He said that he takes everything to the treatment plant now. Some members of the Commission were concerned about the pending court case on Mr. Merritt's business and they felt the court needed to rule on the matter before the Planning Commission could make a decision on an accessory use to his business. They did not want to put Mr. Merritt out of business; yet, they felt he should operate legally and not to the detriment of his neighbors. Chairman DeHaven didn't think there was any way the County Code would allow the business use that is on the property with the existing zoning, however, if that was not the case, the court would need to make that decision. Chairman DeHaven felt that considering the size, scope, and activity of this business, it would only be allowed in a B3, Ml, or M2 Zoning District. He commented that as smaller businesses grow, such as this one, they reach a point where they are no longer suited for a residential neighborhood. Mr. Ellington said that he recognized that Mr. Merritt's business has been at this location for a long time, however, he noted that there seems to have been some misinterpretation of the law and perhaps some allegations of intervention. He pointed out that the applicant may have brought these problems upon himself by being, at the least, inconsiderate to his neighbors and unconcerned about the impact his operation has had on them. Mr. Ellington said that he has no desire to deprive Mr. Merritt of his livelihood and would like to see him find a suitable location in Frederick County to legally operate, however, he felt that this was the wrong business at the wrong place at the wrong time and he moved to recommend denial of the conditional use permit. This motion was seconded by Mr. Stone and was passed by the following majority vote: YES (TO DENY) Stone, Light, Copenhaver, DeHaven, Morris, Ellington NO: Marker, Wilson, Romine (Mr. Ours and Mr. Thomas were absent.) 4139 A Request for a Waiver of the Subdivision Ordinance Requirements for Robert W. and Sandra M. Cleaver by Scot W. Marsh, L.S. Action - Recommended Approval Mr. Miller said that the request is to consolidate two adjoining lots into one lot. Mr. Miller said that the request would cause the resulting lot to be in excess of the four to one width to depth ratio permitted by the ordinance. He said that the subdivision ordinance allows variations or exceptions to its provisions in cases of unusual situations or where strict adherence would result in substantial injustice or hardship. Mr. Scot Marsh of Marsh & Legge Land Surveyors, P.L.C. came forward as the representative for this request. There were no citizens comments. The Planning Commission felt that permitting this consolidation would not cause any problem for adjoining properties and they also felt this was an unusual situation since the existing lot had no road frontage and could be considered landlocked. Upon motion made by Mr. Light and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval the request for waiver of the Subdivision Ordinance Requirements for Robert W. And Sandra M. Cleaver by Scot W. Marsh of Marsh & Legge Land Surveyors, P.L.C. Informal Discussion Reearding a RezoninE Proposal for Property Located on the East Side of Apple Pie Ridge and North of Route 37 by H. K. Benham, 111. No Action Mr. Tierney said that this request was submitted prior to discussions held by the Planning Commission at their retreat on February 3, 1996 concerning a change in policy to not have informal discussions on rezonings. Mr. Benham was agreeable to this, therefore, no discussion was held. 4140 Discussion Regarding the Capital improvements Plan for Frederick County, Action - Recommended Approval Mr. Lawrence presented the Proposed 1996 -97 Capital Improvements Plan (CIP) for Frederick County as recommended by the Comprehensive Plans and Programs Committee (CPPC) on December 11, 1995. Mr. Lawrence explained that capital improvement programming and budgeting involves the development of long -term plans for capital expenditures of local government. He said that these include expenditures for buildings, land, major equipment, and other commodities which are of significant value and have a useful life of several years. Mr. Lawrence said that the CPPC feels that maintenance projects may be inappropriate for inclusion in the County's CIP and in response to the numerous maintenance projects submitted, the CPPC encourages the Board of Supervisors to make a policy statement that only capital projects be included in the CIP. He said that the CPPC feels that maintenance projects should be funded and planned by individual departments. Mr. Lawrence stated that the draft CIP contains 33 projects with a total cost of $39,982,221 over the next five years. Mr. Lawrence said that 13 projects are new CIP projects, most of which are for airport facilities. He said that out of this amount, $21,080,283 would come from the County' General Fund over a five year period, not including debt service. He said that as presently proposed, projects scheduled in the first year (FY 1996 -1997) would have a total County cost of $2,455,687, excluding estimated debt service for all projects. Chairman DeHaven said that he would rather have all the figures include a debt service figure because he felt it was not a realistic picture without it. Mr. Light commented that the County's contribution in 1997 -98 is $10,169,470 which is four to five times greater than the average amount of any year, which can only take the County into severe debt service trouble. He said that this cost is the result of building the new Stonewall Elementary School, which he was opposed to. Mr. Light said that the school board originally stated they did not need to build a new school because renovations to existing schools would accommodate all the students. Upon motion made by Mrs. Copenhaver and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed 1996 -1997 Capital Improvements Plan for Frederick County as presented by the Comprehensive Plans and Programs Committee. 4141 Virginia Certified Planning Commissioners Program Mr. Watkins presented information to the Commissioners regarding the upcoming Virginia Certified Planning Commissioners Program on March 4 -5. Mr. Watkins requested that any interested Planning Commissioners contact the Planning staff. Introduction of New Planning Commissioner from Gainesboro District, Mr. Jimmie K. Ellington Chairman DeHaven welcomed the new Gainesboro District representative to the Commission, Mr. Jimmie K. Ellington. Adjournment There being no further business to discuss, Chairman DeHaven adjourned the meeting at 8:30 p.m. Respectfully submitted, 9 ` >' 4 ii i Robert Charles S. DeHaven, Jr., Chairman 4142