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PC_10-01-86_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room in the Old Frederick County Court House, 9 Court Square, Winchester, Virginia, on October 1, 1986. PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; George L. Romine; Marjorie H. Copenhaver; Kenneth Y. Stiles; A. Lynn Myers; Carl M. McDonald; S. Blaine Wilson; Manuel C. DeHaven; Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory. CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. MINUTES The first order of business was the approval of the minutes of September 17, 1986. Upon motion made by Mr. Romine and seconded by Mr. Golladay, the minutes of September 17, 1986 were unanimously approved as presented. BIMONTHLY REPORT Mr. Watkins stated that he had received a request for an administrative review and approval on an amended site plan for the Solenberger property (Apple Tractor) for a storage shed. Chairman Brumback instructed the staff to proceed with that administrative review. The staff and Commission next discussed pending BZA applications. COMMITTEE REPORTS Transportation Committee Mr. Golladay stated that the Transportation Committee will be meeting on October 9, 1986 at 7:00 p.m., with public hearings starting at 7:15 p.m. 2289 -2- Rural Ordinance Subcommittee Col. Myers reported that the Rural Ordinance Subcommittee met on September 29, 1986 and the staff proposed an alternative plan for rural subdivisions which would have three types of minor subdivisions and all remaining subdivisions would be considered by the Board of Supervisors. Col. Myers said that after an informal vote, the Subcommittee decided to stay with the original plan, making revisions where necessary. He said that the Subcommittee would like to present this plan to the whole Planning Commission and then have a joint worksession with the Planning Commission and the Board of Supervisors. Water Line to White Post Correctional Unit Mr. Golladay said that the County has been approached about running a water line to the White Post Correctional Unit. He said that officials from the correctional unit, members of the Clark County Board of Supervisors, Frederick County Board of Supervisors, Frederick County Sanitation Authority, and himself, representing the Planning Commission, met to discuss this project. It was decided to have the Clarke County and Frederick County Sanitation Authority Directors meet with the consulting engineers to come up with a proposal. Amendments to the Residential Performance District Mr. Stiles, speaking on behalf of the Board of Supervisors, said that the amendments to the RP District were a matter of urgency and requested that draft amendments be presented to the Planning Commission and Board of Supervisors as soon as possible. SITE PLANS Site Plan 11028 -86 of Shockey Company Building for a 16,156 square foot, two -story office addition in the Stonewall Magisterial District. Action - Approved Mr. Watkins said that the applicant is proposing to add an addition to the existing building. He said that they are substantially reorganizing and improving their parking areas as a part of this site plan and have shown more than sufficient parking spaces for the amount of square footage proposed. David McClure, Architect with Howard Shockey & Sons, was present to answer questions. Mr. McClure stated that they have outgrown the existing building. 2290 — 3 — Upon motion made by Mr. DeHaven and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #028 -86 of Shockey Company Building for a 16,156 square foot, two —story office addition on Route 11 North in the Stonewall Magisterial District. The vote on this site plan was as follows: YES: Mrs. Copenhaver and Messrs. McDonald, Myers, Stiles, Brumback, Wilson, DeHaven, Romine ABSTAIN: Mr. Golladay PUBLIC HEARINGS Rezoning Request #015 -86 of WORCO to rezone 7.606 acres from M -2 (Industrial General) to B -3 (Industrial Transition). Action Approved Mr. Benjamin M. Butler, attorney representing WORCO, introduced himself and Mr. J: Randolph Larrick, the attorney representing J & P Properties, the seller of the property. Mr. Butler said that this business will cater more to the professional builder rather than the consumer and they will carry such items as insulation, drywall, lumber, etc. Mr. Butler said that they were granted an Industrial Development Bond to expand the building on the rear of the property to 8,000 square feet. Mr. Stiles asked if the applicant planned to hook —up to water and sewer when it was made available to the area, and Mr. Butler replied yes, that they did plan to. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Application x/015 -86 of WORCO to rezone 7.606 acres, located on the east side of US 522 South in the Shawnee Magisterial District, from M -2 (Industrial General) to B -3 (Business Transition) for retail and wholesale building supplies sales. Rezoning Request #016 -86 of James C. Shelly, Jr. to rezone 16 lots (50' X 130' X 150') from A -2 (Agricultural General) to B -2 (Business General) for the retail sales of truck caps and related items in the Opequon Magisterial District. Action — Denied Mr. Watkins said that this property is in the old Ridgeway Heights 2291 - 4 - Subdivision and has a pattern of extremely small lots which were subdivided prior to subdivision control. He said that the rezoning would constitute an inappropriate spot zoning because it singled out an individual property for rezoning without considering other similar nonconforming uses. The staff was also concerned about the residences in the area. It was noted that the outdoor storage of truck tops could not be legally expanded to the Homa property, although the use of the Jo -Lynn building would constitute a legal nonconforming use. Mr. Watkins next read a letter from Mr. Robin A. Frans who was opposed to the rezoning. Mr. James Shelly, Jr., President of Shelly's Truck Caps, said that he bought four acres in 1977 and operated a grocery store. He said that the truck cap business started in 1978 and was a family owned and run business. Mr. Shelly said that the truck cap business has continued to grow and they need more space for storage and retail sales. Mr. Stiles asked Mr. Shelly if he intended to use the property for anything other than the expansion of the truck and camper tops sales and Mr. Shelly replied that he did not. Mr. Stiles asked the staff if the county could require screening on the Homa property if Mr. Shelly was allowed to expand. Mr. Gyurisin said that the county does not have regulations governing nonconforming uses as far as screening. Mr. Gyurisin noted that screening could be required if the property was zoned into a category that had screening requirements, for example, the B -2 and B -3 zones. Chairman Brumback asked for the number of other nonconforming commercial uses in this area. Mr. Stiles replied that there were five or six. Mr. Stiles noted that these properties were overlooked at the time of the comprehensive rezoning when the goal was to bring zoning in line with existing uses. He said that the Commission could take the approach that we are recognizing existing uses and amend the comprehensive rezoning. Mr. Stiles felt the spot zoning issue could then be avoided. He also felt that in some circumstances, more protection could be provided to the neighbors if the nonconforming properties were zoned commercial. Mr. Golladay felt that all the commercial properties should be rezoned on a comprehensive basis, rather than have piecemeal rezoning. Col. Myers felt that Route 522 provided for a good business location and that the existing commercial uses would be better zoned for business. Mr. Wilson said that he also would not be in favor of piecemeal rezoning and would rather rezone the entire area. Upon motion made by Mr. Golladay and seconded by Col. Myers, BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Rezoning Application #016 -86 of James C. Shelly, Jr. to rezone 16 lots 2292 — 5 — on Route 522 South, at Ninevah, in the Opequon Magisterial District, from A -2 (Agricultural General) to B -2 (Business General). The vote on this rezoning was as follows: YES (TO DENY): Mrs. Copenhaver and Messrs. McDonald, Myers, Brumback, Golladay, DeHaven, Wilson, Romine NO: Mr. Stiles Mr. Stiles said that the staff could advertise the existing nonconforming uses for rezoning, using as a basis the written part of the comprehensive rezoning that the County would, from time to time, rezone areas that were overlooked during the 1980 comprehensive rezoning. Mr. Stiles requested that the staff prepare a memorandum to the Board of Supervisors reflecting the Planning Commission's discussion. Rezoning Request #017 -86 of C. Douglas Adams and Fern L. Adams to rezone 6.224 acres from A -2 (Agricultural General) to M -1 (Industrial Limited). Action — Approved Mr. Watkins stated that this land is surrounded on three sides by land zoned M -1 and owned by Mr. Adams. He said that this rezoning would represent a minor addition to an existing M -1 area. Mr. Robert Mitchell, attorney for Mr. and Mrs. Adams, stated that this property was just recently acquired and would be added to the overall industrial tract. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning #017 -86 of C. Douglas Adams and Fern L. Adams to rezone 6.224 acres, located on the south side of Bufflick Road in the Shawnee Magisterial District, from A -2 (Agricultural General) to M -1 (Industrial Limited). Conditional Use Permit #010 -86 of Charles and Faye Grady for a Kennel in the Opequon Magisterial District. Action — None (motion died due to a tie vote) Mr. Charles Grady said that he has 24 dogs, consisting of cocker spaniels and poodles, which he breeds as a hobby for better quality and disposition. Mr. Grady said that he does not board dogs. Mr. Watkins stated that this conditional use process began by a neighbor complaining of barking dogs. 2293 — 6 — Mr. Thomas Thompson, adjoining property owner, said that his home is probably no more than 75' from the Grady's house. Mr. Thompson said that the noise of harking dogs is a problem. Mr. Thompson said that he and his wife have spoken with the Gradys on several occasions about the noise, but nothing has been done. Mr. Donald Clark, adjoining property owner, stated that the noise of barking dogs all night long is a problem. Mr. Clark said that he has contacted the Sheriff's Department and the Law Enforcement Committee and no one has been able to give them relief. Mr. Clark also objected to the odor. There next ensued a discussion on the types of conditions that could be placed on the kennel to reduce the noise. The staff felt it was difficult to police conditions such as odor, hours of operation, and whether the dogs were put inside at a certain time each day. Mr. Golladay moved and Mr. DeHaven seconded the motion to approve the conditional use permit with the following conditions: 1. This will be a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 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. A wooden stockade fence or other solid fence providing a solid screen must be provided around the entire kennel and run area. 4. All dogs must be secured inside an enclosed building between the hours of 8:00 p.m. and 8:00 a.m. 5. The total number of dogs on the property will be limited to 24. This motion failed due to the following tie vote: YES: Mrs. Copenhaver and Messrs. McDonald, Golladay, DeHaven NO: Messrs. Myers, Brumback, Wilson, Romine (Mr. Stiles was not present for this vote.) ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, Vran H. Brum�Cha� n obert W. Watkins, Secretary 2294