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PC_06-03-92_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on June 3, 1992 PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Manuel C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; Ronald W. Carper, Gainesboro District; Marjorie H. Copenhaver, Back Creek District; Roger. L. Thomas, Opequon District; John H. Light, Stonewall District; and Beverly Sherwood, Board Liaison. ABSENT: Todd D. Shenk, Gainesboro District; George L. Romine, Shawnee District; and John R. Marker, Vice Chairman/Back Creek District Planning Staff present were: Robert W. Watkins, Secretary/Planning Director; Lanny C. Bise, III, Planner I; and W. Wayne Miller, Zoning Administrator CALL TO ORDER Chairman Golladay called the meeting to order at 7:15 p.m. BIMONTHLY REPORTS Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Transportation Committee - 6/1/92 Mtg Mr. Thomas reported that the Transportation Committee discussed a number of problems around the county, mainly dealing with speed limit signs and ways to reduce speeds in and around subdivisions. 3504 Rt 37 Technical Advisory Committee (TAQ/ Rt 37 Citizens Advisory Committee (CACA Mr. Watkins said that as a result of the input received from public meetings in April, revisions have been made to the alternatives. Areas such as Stephenson's Depot Battlefield, Blue Ridge Mobile Home Park, Opequon Heights Subdivision, and groupings of homes on Red Bud Road have been avoided. Mr. Watkins announced that an open house is scheduled for July. He said that the latest alternatives will be displayed for the public. Mr. Watkins stated that the consultant is now doing field work and is becoming involved with various environmental issues. REVISIONS TO CHAPTER 8 EROSION AND SEDIMENT CONTROL Mr. Bise presented amendments to Chapter 8, Erosion and Sediment Control, of the Frederick County Ordinance. He said that amendments to this chapter were made to reflect current State standards and were suggested by the Division of Soil and Water Conservation after a recent review of the County's ordinance. Mr. Bise said that the changes are being made to protect the County from any legal liability and to prevent erosion problems within subdivision development. Mr. Bise proceeded to review the changes with the commissioners. No action was required by the Commission at this time. BATTLEFIELD TOUR TASK FORCE Mr. Watkins said that the Board of Supervisors has recommended that a task force be established to develop and carry out a strategic plan to preserve and appropriately utilize battlefields and other historic sites. He said the purpose is to create a system of battlefields and other historic open space and sites to be used to develop a heritage tour for the Winchester- Frederick County area that will attract visitors from throughout the nation and the world. Mr. Watkins noted that the Task Force should be composed of ten to twelve representatives of local government, tourist related businesses, historic preservation groups, property owners and other interested individuals. 3505 3 Conditional Use Permit #006 -92 of James R. Orndorff for a dog kennel. This property is located off of Route 50 West approximately seven miles on Route 608 in the Back Creek District and is designated as PIN #590000A000055D. Action - Approved Mr. Bise said that this application was for an existing kennel operation that was unknowingly operating illegally in the Rural Areas District. He said that approval of this permit will not change the character and established pattern of development in the area. He said that the existing kennel facilities are approximately 200 -250 feet from the nearest residence and adequate screening is provided by a mixture of trees and vegetation. The existing driveway area provides adequate parking for approximately five 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. Staff recommendations were for approval with conditions. Mr. James R. Omdorff, the owner, said that he breeds labrador retrievers. He said that he does not operate a boarding kennel. There were no public comments. Upon motion made by Mrs. Copenhaver and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #006 -92 of James R. Orndorff for a dog kennel on property zoned RA and located off of Route 50 West in the Back Creek District with the following conditions: 1) Any change in use shall require a new Conditional Use Permit. 2) All materials associated with this business will be kept indoors. 3) A sign permit shall be obtained for the existing sign. Additional signs will not be allowed. 4) Current operations shall be limited to 20 adult dogs, unless new facilities are constructed. 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. 3506 4 ANNUAL REVIEW OF CONDITIONAL USE PERMITS Mr. Miller said that the listing of all conditional use permits (CUPS) was previously submitted to the Commission and all permits that were identified as problems were investigated and appropriate actions taken. Mr. Miller said that the staff recommends approval of all permits as presented with the elimination of two permits as follows: #014 -81 William D. & Charlotte A. Payne - -Small Engine Repair Shop on Rt. 522 South RE: Mr. Payne is deceased and Mrs. Payne (now remarried) has advised that the use will not be restarted. #010 -86 Charles & Fay Grady -- Kennel on Route 625. RE: Use has been discontinued; the Gradys are applying for a new permit at another location. Some discussion ensued regarding CUP #002 -90 of Carl C. Ay, Jr., Colonial Farms Nursery. Mr. Miller said that both he and the Chairman of the Board; Richard Dick, visited the site because of the continued complaints. Mr. Miller said that the Chairman is satisfied that the permit is basically in compliance. Mr. Miller said that the applicant has said that he will continue to improve the screening. Chairman Golladay requested that the adjoining property owners be notified that a site visit was conducted. There was no public comment. i Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend renewal of all current conditional use permits for an additional one -year period with the exception of CUP #014 -81 of William D. and Charlotte A. Payne and CUP #010 -86 of Charles and Faye Grady. (CUP listing attached at end of minutes.) An amendment to Chapter 21 of the Frederick County Code, Zoning Ordinance, Article IX, Business and Industrial Zoning District, Section 9 -1 -4, Light Industrial (M -1), to include Human Service Centers as an allowed use and Article III, Supplementary Use Regulations, Section 3 -23_ Action - Approved Mr. Watkins explained that the proposed amendment to allow "Human Service Centers" in the M -1 Zone comes in response to a request from Thin Line, Inc. Mr. Watkins 3507 5 said that the Development Review and Regulations Subcommittee recommended that Human Service Centers, including pre- release residential programs, be an allowed use in the M1 District; however, certain conditions should be placed on this use wherever it occurs and should be addressed under the supplemental use regulations section of the ordinance. Mr. Stephen M. Gyurisin, of Plans & Projects, the project manager, introduced himself and board members of Thin Line, Inc. Mr. Gyurisin said that along with working with the Development Review and Regulations Subcommittee, Thin Line, Inc. has met with the Historic Resources Advisory Board and received a recommendation of approval on their specific site proposal plan. He said that Thin Line has also taken initiative to make the site eligible for the national register. Mr. Gyurisin said that they have also met with the local Historic Society, the Civil War Institute, the local Shenandoah Valley Civil War Foundation, the National Association for Preservation of Civil War sites, the Preservation of Historic Winchester, the Industrial Park Owners Association, the Economic Development Commission's Planning Staff, and the adjoining Fort Collier property owners. Mr. Mark Puckett, Director of Thin Line, Inc., explained the day monitoring program and the residency program to the Commission. He said that the "day monitoring program" is an educational program covering subjects such as budgeting, writing resumes, job placements and referrals, living skills, appropriate interaction with peers and authority, and continuing education for persons on probation /parole. Participants would report in from 8:30 to 5:00 each day. Mr. Puckett said that the "residency program" provides a stable living environment, treatment, and training for chemical and alcohol dependency in the last phases of incarceration. The theory being that the individual will benefit more from the program than from a longer stay in a penitentiary. Mr. Richard Demorist, a Thin Line, Inc. Corporation Board Member, said that along with his involvement in the activities of Thin Line, he is also interested in the historic aspects of the site. Mr. Demorist said that Thin Line is proposing to work with any or all of the historic agencies in developing a walking path, parking area, and easements, etc. for the fort itself and to operate as an historic attraction. Since Thin Line, Inc. had no authority to hold individuals on the premises, commissioners were concerned about the type of offenses program participants were charged with. Mr. Puckett said that most of the individuals participating in the program would be referred by the Department of Correction's District 11 Office of Adult Probation and Parole and possibly, the Division of Court Services Program. He explained that these individuals would have first -time offender possession charges, first -time offender distribution with circumstance charges, or would be habitual offenders for DWI. He said that there will be no individuals with burglary, robbery, or assault charges. Any person with a violent offense or history will be excluded from the pre- release program. Commission members questioned whether the M 1 zone was an appropriate location for this use. They had concerns about a pre - release program being located within an unsecured .5SUtf area in an industrial park containing a mix of business and industrial uses. Mr. Thomas suggested placing additional restrictions on the use. Mrs. Sherwood felt that if so many restrictions were required, then maybe this use was not appropriate for an M1 zone in any area of the county. Commissioners felt that the "residency" part of the program was what was causing the most concern and the fact that the facility was not "secure." In support of the program, Mr. Thomas and Mr. Wilson felt that if the M 1 area was inappropriate for this use, then the County needed to say where the use was appropriate. They felt that the County should rely on the ,judicial system to release only those persons appropriate to be in a pre - release program. They also felt that this particular type of offender needed education on appropriate behavior and problem solving, which the current judicial system could not provide Mr. Thomas moved that Human Service Centers, including pre- release residential programs, be permitted in the Ml District with two additional conditions besides those presented by the staff: 1) The pre - release program would only be for drug and alcohol offenders; and 2) Participants would only be received from the Lord Fairfax Planning District #11 area. This motion was seconded by Mr. Wilson. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the amendment to Chapter 21 of the Frederick County Code, Zoning Ordinance, Article IX, Business and Industrial Zoning District, Section 9 -1-4, Light Industrial (M1) to include Human Service Centers, including pre- release residential programs, as an allowed use; and Article 1II, Supplementary Use Regulations, Section 3 -23, listing the following conditions: 1. This use shall be located on a minimum of five acres. 2. This use shall not be located in a planned /platted industrial park. 3. This use shall be served by public water and sewer. 4. All structures associated with this use shall comply with the on -site buffer requirements specified in Section 3- 12 -4.1 of the Frederick County Zoning Ordinance. 5. The floor area for residential uses shall be secondary to the outpatient office floor area. 6. The maximum number of residents shall not exceed 24 persons. 7. A residential manager shall be on duty 24 hours daily. 8. The pre- release program would only be for drug and alcohol offenders. 9. Participants would only be released from the Lord Fairfax Planning District #11 area. The vote on this amendment was: YES (TO APPROVE): Thomas, Wilson, DeHaven, Light NO: Golladay, Copenhaver, Carper 3509 rA CANCELLATION OF JUNE 17 PLANNING COMMISSION MEETING Upon motion by Mr. Thomas and seconded by Mr. Wilson, the Commission unanimously agreed to cancel their next regularly scheduled meeting on June 17, 1992. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:55 p.m. by unanimous vote. Respectfully submitted, Robert W. Watkins, Secretary Jame W. Golladay, Jr., Cha' n 3510 ® CONDITIONAL USE PERMITS BACK CREEK DISTRICT PERMIT NUMBER NAME - 033 -74 Earl Armel - Mobile Home Park 050 -75 Dowling Co., Inc. - Off Site Sign 068 -76 Betty Peacemaker - Beauty Shop 004 -77 Emory Wilson - Small Engine Repair 006 -77 Ralph W. Poe - Campground 018 -78 Francis & Helen Kowalski - Antique Shop 022 -78 Round Hill Ruritan Club - Sign 012 -79 Alfred L. & Annie Jane Hicks - Wheel Balancing Shop 015 -79 Loring R. Nail - Lawnmower Sales ® 021 -79 Ralph W. Poe - Campground, Motorhome, Trailer Sales 003 -80 Albert & Sandra Pcore - Public Garage 008 -80 Melvin E. Nail - Fix -It Shop 010 -80 Ralph & Veronica Machotka - Sign Shop 025 -80 Robert S. Hawkins - Public Garage 009 -81 Margaret Brown - Beauty Shop 013 -81 Patricia A. Abbott - Beauty Shop 002 -84 Raymond R. Lickliter, Sr. - Kennel 012 -86 John 0. Hahn - Re- establish a Legal Nonconforming Use 011 -87 Ann Marie Beach - Beauty Salon 005 -88 Raymond E. Brill - Sand Mine 006 -88 Gary Ray Hunt - Motorcycle Repair ® and Sales 008 -88 Steven P. Williams - Equipment Sales ROUTE NUMBER 608 11S 628 652 1317 50W 50W 628 50W 50W 600 614 621 622 652 616 611 621 652 603 50W 50W 3511 Back Creek District CUP List Page 2 003 -89 Keplinger Repair Service - Garage 654 and Repair Facility 011 -89 Richard L. & Margaret Goodwin - 50W Public Garage 006 -90 Gregory Investments - Recreational 11S Facility /Golf Driving Range 008 -90 Cacapon Valley Child Care Center- 50W/704 Community Center /Child Care 011 -90 Allen E. Rogers - Lawn Care Office I 620 and Warehouse 001 -91 Clifton Brill - Fish Hatchery 604 003 -91 Marietta & Kim Walls - Veterinary 622 Office and Hospital I 006 -91 Alice V. Burleson - Silk Flower Shawneeland • Arrangements 007 -91 Charles Munneke - Off Premise Sign 115 008 -91 Ray George - Machine Shop 600 011 -91 Larry Earhart - Truck Repair Service 631 i • 3512 3513 CONDITIONAL USE PERMITS • GAINESBORO DISTRICT PERMIT NUMBER NAME ROUTE NUMBER 010 -74 Frederick County Fruit Growers 522N Ag. Workers Housing 002 -78 Lake Holiday Country Club - Sign I 522N 006 -78 Edward T. & Carol B. Place - 654 Auction House 009 -78 Joseph A. Helsley - Auction House 690 010 -78 Jack and Donna Black - Fruit Market 50W 001 -79 Robert E. DeHaven - Country Grocery 522N 005 -80 Wayne & Betty J. Kerns - 692 Public Garage 011-80 Charles W. Omps (Ralph Poe) - 50W Off Site Sign I 005 -81 Charles A. Strother, Sr. - Used Car 654 Parts and Sales 018 -81 Elmer H. Lauck - Public Garage 522 010 -82 Joseph s. & Lynda DuBose - Garage 522N Farm Equipment and Auto Repair 015 -82 Peter G. & Crystal M. Dassler - 50W Construction & Sales of Utility Bldgs. 018 -82 Jacob Puffenberger - Public Garage 696 010 -83 Talbert F. DeHaven, Jr. - Gun Shop 608 006 -84 Phillip E. Wine - Public Garage 692 007 -84 Shenadoah Valley Oil Co. - 522N Service Station 004 -85 Glenn C. Whitacre - Sawmill, Type B 127 008 -85 Charles E. Cochran, Jr. - Small 1 654 Engine Repair /Outdoor Equip. Sales I • 002 -86 Kenneth Reed, Jr. - Sign Fox Dr. 007 -86 Ronald J. DeHaven - Public Garage 522N 3513 ±714 • Gainesboro District CUP List Page 2 008 -86 Robert & Jeanne Spaid - Antique Shop 50W 002 -87 Janet Bissell - Dog Kennel 522N 004 -87 Wray D. & Darlene T. Kimmel - 522N Boarding Kennel 009 -87 Lloyd R. Renner - Off Premise Sign 522N 010 -87 C. Joe Lizer - Off Premise Sign 522N 012 -87 ADG,Inc. - Commercial Outdoor 694 Recreation Center "AKA" 017 -87 Douglas L. Owens - Country General 50W Store /Gas Pumps /Private Residence 018 -87 Theodore P. Hoover - Public Garage 654 and Body Shop 003 -88 Westminister - Canterbury - Sign 522N 007 -88 Ronald E. Gordon - Automobile Repair 789 • 011 -88 Holt Corporation - Radio Station 50W 001 -89 Charles & Nancy Thompson - Garden 739 Supplies and rentals 004 -89 William E. Gill - Heating and Air 852 Conditioning business 005 -89 John E. & Delphia J. Shelly - 522N Retail Sales and Groceries 012 -89 �L Charles & Dolores Middleton - Cj 522N VCR Repair Shop 013 -89 Richard Dale & Merle D. Kerns - 600/690 Country General Store 014 -89 Robert R. Sheehan, Jr. - Sign Shop 50W 007 -90 Roger Lee Jenkins - Auto Repair 608 Garage 016 -90 Christopher Chisholm & Stephanie 522N Slonaker - Dog Grooming • 018 -90 Ernest W. Creek - Public Garage 701 ±714 • Gainesborc District CUP List Page 3 004 -91 Luther H. Combs - Auto Repair w/o 654 Body Repair 005 -91 Leda J. Lizer - Beauty Salon 789 009 -91 Otis Goodwin - "Outreach to Asia" 522N Office 012 -91 Roger & Betty DeHaven - Well Drilling 682 Business 013 -91 Dick Ballenger - Off Premise Sign 522N • 3525 • • • CONDITIONAL USE PERMITS OPEQUON DISTRICT PERMIT NUMBER NAME ROUTE NUMBER 018 -74 Ray VanDyke, T. G. Adams - 636 Forest Lake Mobile Home Park 019 -74 Leslie Mogle - Bike Shop 647 034 -75 National Trust for Historic 727 Preservation, Mobile Homes 005 -77 James K. Cornell, Battle of Cedar 11S Creek Campground 020 -78 James L. & Donna Powell, Auto 11S Repair and Body Shop 004 -80 Ernest C. Layman, Public Garage 11S 019 -80 Richard J. Scherzinger, Small 179 Meadow Engine Repair 020 -80 M. Lucy Luttrel & Ruth A. Whetzel, 628 Antique Shop 022 -80 Thomas & Barbara Conrad, Convalescent 11S and Nursing Home 024 -80 Lawrence Johnson, Shoe Repair Shop 277 008 -82 Gilbert C. Mills, Sawmill 522 016 -82 John H. Wert, Gas Station 11S 012 -83 James Lofton, CB Repair & Install 277 006 -85 Iva H. Petre, Grocery Store 11S 012 -85 Raymond W. Davis, Jr., Clothing 522 and Misc. Retail Sales 003 -86 Richard S. Russell, Used Car 11S Display 3516 Opequon District CUP List Page 2 013 -87 Holiday Motel, Motel Sign 11 & 627 014 -87 Roger L. Mogle, Small Engine 647 Repair 016 -87 Harry A. Downard, Farm Supply Sales 842 002 -89 Thomas J. Gillespie, Auto Repairs 522 017 -89 Richard A. Keeler, Convenience Store 11S & 634 001 -90 Roy & Patricia Beatty - Garage and body repair 11 015 -90 Kenneth D. & Theresa Kovack - Office 1041 and Workshop 017 -90 White Oak Trading Post - Country 277 Store and Campground • • .551/ _5510 CONDITIONAL USE PERMITS SHAWNEE DISTRICT PERMIT NUMBER NAME ROUTE NUMBER 007 -74 Orrlick Cemetary - Cemetary 656 040 -75 Boyd Unger - Gift Shop 5225 023 -78 Charles W. Bush - Bookkeeping 779 011 -79 Ervin D. & Margie Nates - Home 657 Occupation /Day Care 024 -79 Dr. Robert Kapp - Replace Mobile Home Dodge Ave. 025 -79 Powlen Equipment Co. - Construction 728 Equipment Distribution and Sales 001 -81 Gary A. Wygal - Income Tax Service 744 002 -81 Robert Ziegler, Inc. - Off Site Sign 7E 008 -81 Wesley L. Spangler - Antique Shop 50E 007 -82 Stephen & Sue Culbert - Silk Flower 657 ® Arranging 005 -83 Michael D. Hockman - Ambulance Service 5225 001 -85 John W.H. & Gloria M. Collins - 645 Public Garage 005 -85 David E. & Nancy M. Ritter - 1225 Consignment Shop 007 -85 Timber Ridge Ministeries Inc. - 522S Radio Station 004 -86 Ronald M. Mowbray - Mobile Home 642 005 -86 Orville R. Comer - Excavation Business 5225 009 -86 Charles A. Mercer - Gas Pumps 7E 006 -87 R. Thomas & Carolyn G. Malcolm - 657 Beauty Shop 006 -89 Kathryn M. Perry - Open Mine Shale Pit 50E 010 -89 Nicholas P. Turner - Landscape & Lawn 1 645 • service _5510 Shawnee District CUP List Page 2 018 -89 Lake Centre (Dave Holiday) - Day Care 642 Facility 020 -89 Ann Riddle - Beauty Parlor 644 003 -90 Mariette Zucchi - Day Care Center 5225 009 -90 Edwin & Laura Stewart - Wood Craft 50E Business 012 -90 Warren D. Golightly - Tax and 723 Bookkeeping Service office 019 -90 Michelle Brogger - Catering Service 847 002 -91 Larry A. Welsh - Public Garage With 645 Body Repair 010 -91 John Murtagh - Office 645 0 • • 3519 • CONDITIONAL USE PERMITS STONEWALL DISTRICT 3520.: PERMIT NUMBER NAME ROUTE NUMBER 026 -74 Stanford & Inge Co. - Off Site Sign 11 &I -81 055 -76 National Advertising Co. - Sign 7 &I -81 009 -77 Margaret A. Carter - Beauty Shop 661 014 -78 Marcus W. Reid - Antique Shop 672 017 -78 Frederick County Fair Assc. - 11N Camping, etc. 019 -78 Linwood Heironimus, Jr. - CB /Scanner 672 and Misc. Sales 003 -79 Union Hall, IAMAW Local 2335 - Union 11N Hall 004 -79 Eston L. Keeler - Antique Shop 672 005 -79 Eston L. Keeler - Sign 672 010 -79 David Grim - Home occupation/ 11N Photography 017 -79 Denny's Inc. - Off Site Sign 7E 016 -81 Bernard & Sally McClung - Model Home 739 003 -82 Jerry & Cathy Harris - TV /Video Rental 661 005 -82 Lloyd & Carolyn Roberts - Beauty Shop 1208 020 -82 Joseph C. Smith - Commercial Sign 11N 002 -83 Glenwood Nicholson - Sign 522N 003 -83 Chester S. Webber - Small Engine 661 Repair 004 -83 Marvin D. Hoffman - Saw Sharpening 721 Shop 008 -83 R.D. Brown (Bauserman Oil) - Off I -81 Site Signs ® 004 -84 Wayne M. Brandt, III - Welding Shop 664 3520.: Stonewall District CUP List • Page 2 008 -84 Nerangis Enterprises Inc. - Off 11N Site Sign 009 -84 Merle L. & Mary A. Swartz - Candy 11N Making and Sales 002 -85 Charles W. & Adriennel L. Schnabel - 670 Art Studio 009 -85 Nansford, Houston, DeWeese - Small Greenfield Woodstain Packaging 013 -85 Roger Fitzwater - Public Garage Warner 001 -86 Cheryl L. Anderson - Kennel 836 Ammended: 10/24/90 - Expansion 013 -86 Joseph C. Smith - Group Adult 7E Retirement Home 007 -87 Regency Lakes Associates - Off 7E Site Sign 008 -87 Regency Lakes Associates - Off 7E Site Sign 004 -88 Joseph C. Smith - Adult Home 7E 013 -88 Cheryl Anderson - Off Site Sign 11N &836 008 -89 Health Equity Resources of 1025 PA Winchester, Inc. - Addition to Avenue Personal Care Home 019 -89 Joanne R. Happ - Art Studio 661 002 -90 Carl C. Ay, Jr. - Colonial Farms 11N Nursery. 004 -90 Shirley Wilson - Cottage Occupation 11N and Sign 005 -90 Winchester Skating Center - 7E Off Premise Sign 020 -90 Vickie Patterson - Artist Studio 670 014 -91 Robert & Mary Turben - Locksmith 522N 3521