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HomeMy WebLinkAboutPC_04-01-92_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 April 1, 1992 PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman/Back Creek District; Manual C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; Ronald W. Carper, Gainesboro District; George L. Romine, Shawnee District; Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; Beverly Sherwood, Board Liaison; and James Barnett, City Liaison. Planning Staff present were: Robert W. Watkins, Secretary; Kris C. Tierney, Deputy Planning Director; W. Wayne Miller, Zoning Administrator; CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Mr. Romine and seconded by Mr. Marker, the minutes of March 4, 1992 were unanimously approved as presented. BIMONTHLY AND MONTHLY REPORTS Chairman Golladay accepted the Bimonthly and Monthly Reports for the Commission's information. COMMITTEE REPORTS Winchester- Frederick County Joint Transportation Committee - 3/30/92 Mtg Mr. Tierney reported that the Joint Transportation Committee reviewed the WATS study at their last meeting. He said that the Committee discussed the identified deficiencies and the corridor studies and recommendations, and they formulated an informal reaction to the 3474 2 corridor reports Preallocation Hearings - Staunton - 3/30/92 Mrs. Sherwood reported that Mr. Sager, Board member, and the Planning Staff attended the Preallocation Hearings in Staunton on March 30, 1992. She said that their presentation was well received. CITIZEN COMMENTS Informal Discussion with Representatives of the Donald B. Rice Tire Retreading Operation Regarding a Possible Zoning Ordinance Amendment Mr. Miller explained that the Donald B. Rice retreading operation, located on South Loudoun Street, recently burned and they need to relocate their business. Mr. Miller said that the company's desire to relocate is urgent because any major delay may seriously erode their customer base and also, a significant number of their people are now unemployed. Mr. Miller said that they are interested in relocating at the Stonewall Industrial Park in a lease building owned by Mr. Doug Toan, which is zoned M1. He said that the Planning Staff determined that tire _retreading is not a permitted use in the M1 (Industrial Limited) Zoning District, but is a permitted use in the M2 (Industrial General) Zoning District. Mr. Miller said that the staff felt this use would be appropriate in the MI Zone with proper controls, but would require an ordinance amendment. Mr. Miller said that Donald B. Rice Company is looking for some indication of the Commission's acceptance of this proposal. Mr. Carl Koester, Vice President of Operations for Donald B. Rice Tire Company, said that unlike their former facility, the proposed new facility would not be retail. Mr. Koester said that his facility would pick up worn out tires from trucking companies, run them through an assembly line -type operation, and deliver the finished products back to the customer. He said that the main customer base is in the Baltimore /Washington area. Mr. Koester said that the building Mr. Toan has available meets their specific needs. Upon discussion concerning the operation, it was determined that omissions /waste products would be handled by state -of -the -art equipment and the only outside storage would be a cyclone attached to the exterior of the building. Staff suggested that the use be allowed with the specification, "for wholesale use only" to avoid any retailing. The consensus of the Commission was that the amendment request would be supported. 347 `i 3 Outdoor Storage Facilities Chairman Golladay requested that the Development Review and Regulations Committee examine the ordinance for placement of outside storage facilities in residential areas. Chairman Golladay cited Georgetown Court Townhouses as an example of how the placement of these buildings can create an unsightly appearance. SUBDIVISIONS Subdivision Application #002 -92 of Lot 26 (5.741 acres), zoned M1, in the Fort Collier Industrial Park. This property is located on the northwest side of the Brooke Road cul- de -sac in the Stonewall District and is identified as GPIN #540000A0000810_ Action - Approved Mr. Miller read the background information, review agency comments, and the staff recommendations. Mr. Miller said that the Shenandoah Gas Engineering Department reviewed this proposal since the 50' access strip across the property would contain a gas line easement. He said that Shenandoah Gas had no problems with the plat as presented. Staff recommendations were for approval on the condition that all review agency comments be addressed prior to approval of final plats. Referring to VDOT's letter dated January 17, 1992, Mr. Thomas asked about VDOT's comments that they would not accept the connection road off Brooke Road into the State's system because it was only a 50' right -of -way. Mr. Bruce Edens, with Greenway Engineering & Surveying, felt that VDOT's concerns were that someone might assume the 50' strip was a "street" and request that it be state - maintained. He said that the 50' stem is actually a part of Lot 26 (a flag lot) and will not be dedicated to the State's system for maintenance. Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #002 -92 for Lot 26 (5.741 acres), zoned Ml , in the Fort Collier Industrial Park for a lease building. This property is identified as GPIN #540000A0000810 in the Stonewall District. 34 -6 59 PUBLIC HEARINGS Conditional Use Permit #004 -92 of David A_ Darnell for a Cottage Occupation for a tool and die shop. This property, zoned RA, is located on the west side of Route 11, seven miles from Winchester, across from Clearbrook Park and is identified as GPIN #330000A000164B. Action - Approved Mr. Miller said that the use should not impact the existing character and pattern of land use in the area, however, the property is currently in violation of the zoning ordinance for approximately 12 inoperable vehicles and trash, junk, and other debris. Mr. Miller said that adequate parking currently exists for approximately four vehicles. Mr. David A. Darnell, the applicant, stated that the vehicles and debris are located on an adjacent property which is for sale. He also stated that not all of the vehicles belonged to him. Mr. Darnell described his operation as lathing and milling to fabricate bushings, bearings, bolts, fixtures, and other products for industry. The Commission asked Mr. Darnell how he planned to dispose of metal filings and cutting oils. Mr. Darnell replied that filings would be delivered to Zuckermans Scrap Yard and oils to Route 11 EXXON for recycling. Mr. Darnell said that his machines are self - contained and use very little oil. He said that all metals and materials would be stored inside. There were no public comments. Upon motion by Mr. Light and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #004 -92 of David A. Darnell for a Cottage Occupation for a tool and die shop with the following conditions: 1. Any change in use shall require a new conditional use permit. 2. All materials and equipment associated with this business shall be kept indoors. 3. No more than one sign shall be allowed and it shall be limited to eight square feet. 4. The property must be in compliance with the Zoning Ordinance within 30 days of receiving conditional use permit approval. Any future noncompliance will result in the revocation of this conditional use permit. 5. No structures shall be expanded to contain the use nor new structures constructed for the 347/7 use unless a revised conditional use permit is obtained. 6. No employees other than members of the family residing on the premises shall be allowed. Conditional Use Permit #005 -92 of Margaret and John Keeler for a dog kennel to be located at the intersection of Route 639 and 675 in southeast Frederick County near the Warren County line_ This property, zoned RA, is identified as #930000A0000054 in the Opequon District. Action - Approved Mr. Miller said that this application is for an existing kennel operation that was unknowingly operating illegally on Senseny Road in the RP District. The applicant is proposing to move the kennel operation to her mother's property located in the RA District. This move would not change the character and established pattern of development in the area. There is a vacant, pre - existing kennel facility on the property that is a substantial distance away from surrounding properties, adequately shielding them from both sight and noise. Mr. Miller said that this is a small kennel with approximately 12 dogs. He said that the existing driveway area provides adequate parking for three to four vehicles. Since overnight boarding of dogs is not proposed and since the site is well buffered from adjoining properties, noise is not expected to be a problem. The operation will mainly be for the raising and sale of dogs and for grooming. Mr. and Mrs. John Keeler, the applicants, explained that they breed, raise, and sell pomeranians. Mrs. Keeler said that she has 12 -15 dogs on a normal basis and, although the kennel holds up to 40 dogs, they do not plan to operate on a large scale. Mr. Shenk asked how the applicant planned to dispose of dog wastes. Mr. Keeler said that they are installing an E.P.A. approved Rider's Underground Pyramid Digester, which is a four - square foot hole in the ground lined with concrete block. He said that enzymes are added to the dog wastes, converting the wastes to liquid and allowing them to leach into the ground. The Commission discussed what constituted a dog kennel and the number of dogs proposed for this operation. Chairman Golladay called for public comments and the following person came forward: Mrs. Cheryl Anderson, owner and operator of Aberdeen Acres dog kennel, came 3478 R forward and said that she was the complainant on this proposal. Mrs. Anderson said that over the past three years, she had come before the Planning Commission on numerous occasions regarding her own kennel operation. She said that she was required to submit a site plan, to complete an engineering study on noise, and to install $4,000 worth of insulation in eight -inch block walls to control noise. Mrs. Anderson felt that the Commission set the standards with her operation and that other kennel operations should have to comply with identical standards. She also felt that tighter restrictions should be placed on kennel operations to help eliminate abuse to animals resulting from unclean conditions. Mrs. Sherwood pointed out that the degree of Mrs. Anderson's business was much larger than that proposed by the Keelers and, therefore, the impact on the surrounding neighbors and county was significantly different. The staff pointed out that the Commission's involvement in kennel operations was not the treatment of animals, but the impact on the surrounding area. Upon motion by Mr. Shenk and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #005 -92 of Margaret and John Keeler for a dog kennel with the following conditions: 1. Any change in use shall require a new conditional use permit. 2. All materials and equipment associated with this business will be kept indoors. 3. No more than one sign shall be allowed and it shall be limited to eight square feet. 4. All dogs will be locked inside by 9:00 p.m. 5. No structures shall be expanded to contain the use nor new structures constructed for the use unless a revised conditional use permit is obtained. Informal Discussion by Mr. Eugene Johnston regarding a proposed rezoning of property from RA to B3. Mr. Tierney said that Mr. Eugene Johnston was present to discuss a potential rezoning of a parcel of land located adjacent to the east side of Route 81, just south of the Middletown interchange, from RA to B3. He said that Mr. Johnston is interested in constructing a building to house and maintain a number of tractor trailers which he owns and leases. Mr. Eugene Johnston said that the parcel they wish to purchase would meet his 3479 7 needs to construct a home and a 60' X 100' garage for his trucking business. He said that the parcel contains 4.3 acres and is divided by Route 842. The northern portion of the property, containing just over one acre and located on the west side of Route 842, would need to be rezoned to B3 for his garage. Mr. Johnston said that the garage would be used for repair of his trucks and trailers. He said that at any given time, there should only be a few tractors or trailers on the property because the majority of his vehicles are on the road. Mr. Johnston said that he presently has eight trucks and 13 trailers. Upon questioning by the Commission, Mr. Johnston described the uses of the surrounding adjoining properties and the location of nearest residences. Mr. Johnston's plans were to possibly sell the three acres on the east side of 842. He also said that sewer was not available to this property. The Commission felt that even though this was an interchange area, there were a lot of residences in the vicinity that this operation would not be compatible with. The Commission did not want to set a precedent for rezonings in this area because of the number of residences located here. There was also concern about the feasibility of locating the house, the garage, and the health system on the one acre lot and still being able to meet all the setbacks. The quality and width of the roads were also mentioned. The conclusion was for the staff to work further with Mr. Johnston on his situation. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:30 p.m. by unanimous vote. Respectfully submitted, y ✓F� Robert W. Watkins, Secretary 1 Ja s W. Golladay, Jr., Ch irman I