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PC_08-01-84_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 1, 1984. PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr., Vice - Chairman; George L. Romine; W. French Kirk; A. Lynn Myers; Manuel C. DeHaven; Kenneth Y. Stiles; Carl M. McDonald; John T. P. Horne, secretary; Stephen M. Gyurisin, advisory ABSENT: Marjorie C. 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 18, 1984. Upon motion made by Mr. Romine and seconded by Mr. Golladay, the minutes were unanimously approved as presented. BIMONTHLY REPORT The Commission discussed pending applications with the staff. SITE PLANS Site Plan #018 -84 of the Arnold Gale land for a building addition and gas pumps for a transportation brokerage in the Stonewall Magisterial District. ACTION - Approved Mr. Horne gave the background information. He added that there will be two standard commercial entrances (includes curb and gutter, 12" base stone, prime, and seal) and gasoline pumping facilities on the site. Mr. Arnold Gale, owner, came forward and introduced himself to the Commission. Chairman Brumback inquired as to how much Mr. Gale intended to increase the building size. Mr. Gale stated that he would increase the building 80% by adding on to the rear of the existing building. 1940 -2— Upon motion made by Mr. DeHaven, seconded by Mr. Golladay, the Planning Commission unanimously approved Site Plan #018 -84 of the Arnold Gale land. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #018 -84 of the Arnold Gale land for a building addition and gas pumps for a transportation brokerage on Route 783, Brick Kiln Road, in the Stonewall Magisterial District. SUBDIVISIONS J. P. Darlington Subdivision of one 5.234 acre lot on the east side of Baker Lane and north of Apple Valley Square. ACTION — Approved Mr. Horne read the background material. Mr. Randolph Larrick, attorney representing Mr. J. P. Darlington, came forward and introduced himself to the Commission. Mr. Larrick stated that this subdivision is a part of the overall development of industrial land on Baker Lane. Col. Myers inquired about the involvement of Mr. Delmas W. Pratt. Mr. Larrick stated that Mr. Pratt is the representative for Fertig Cabinet Co., Inc. Mr. Larrick said that Fertig Cabinet Co., Inc. has an option to use the property for storage and a showroom. Mr. DeHaven moved to approve the subdivision request of J. P. Darlington. This motion was seconded by Mr. Romine and was passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the request of J. P. Darlington to subdivide one 5.234 acre lot, zoned M -1 (Light Industry), on the east side of Baker Lane and north of Apple Valley Square. 1941 -3- REPORT OF THE RURAL COMMUNITY CENTER SUBCOMMITTEE Mr. Golladay, Chairman of the Rural Community Center Subcommittee, stated that the Armel Community Center meeting held on July 26, 1984 went very well. Mr. Golladay stated that residents of the Armel community are happy with the development of their community, but there is some concern with the 5 acre minimum lot size and the trash situation. REPORT OF THE RURAL ORDINANCE SUBCOMMITTEE Col. Myers, member of the Rural Ordinance Subcommittee, stated that his subcommittee has been studying the L.E.S.A. (Land Evaluation and Site Assessment) system. He said that the Planning Commission and Board of Supervisors have agreed that this may be a good system by which to evaluate proposals to develop land. He stated that in the past weeks the subcommittee has been designating weights for different types of activities under this system. Col. Myers said that the subcommittee will be presenting this evaluation system to the Planning Commission shortly. COMMENTS FROM THE FREDERICK COUNTY FIRE AND RESCUE ASSOCIATION ON THE PROPOSAL TO INCREASE THE MAXIMUM BUILDING HEIGHT FROM 35' to 45' Mr. Perry Silva, President of the Frederick County Fire and Rescue Association, came forward and introduced himself to the Commission. Mr. Silva stated that most of the county's ladders do not exceed 35' in height. Mr. Silva stated that he would support the Planning Commission on their decision to increase the height, but he would prefer that industrial buildings be required to install sprinkler systems. Mr. Silva said that a sprinkled building is 90 -95% adequate for suppression. Mr. Silva added that the county has a mutual aid agreement with the City on the use of their 1942 -4- ladders, but if the City is using the ladder at another location at the same time it is needed in the county, then a problem arises. PUBLIC HEARINGS Rezoning Request #007 -84 of J. P. Darlington to rezone 5.234 acres from M -1 (Industrial, Limited) to B -2 (Business, General) for a cabinet office and storage in the Stonewall Magisterial District. ACTION - Approved Mr. Horne read the background material. Mr. Randolph Larrick, attorney representing Mr. J. P. Darlington, came forward and introduced himself to the Commission. Mr. Larrick introduced Mr. Delmas W. Pratt, representative of Fertig Cabinet Company. Mr. Larrick stated that Fertig Cabinet Company has an option to use the property for a cabinet sales office and storage. Mr. DeHaven inquired if there will only be one building located on the property. Mr. Pratt stated that there will be a single metal building of approximately 10,000 sq. ft, placed on the property. Chairman Brumback asked for anyone wishing to speak in favor or opposition, but no one came forward. Mr. DeHaven moved for approval of Rezoning Request #007 -84 of J. P. Darlington. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request # 007 -84 of J. P. Darlington to rezone 5.234 acres from M -1 (Industrial, Limited) to B -2 (Business, General) for a cabinet sales office and storage on the east side of Baker Lane and north of Apple Valley Square in the Stonewall Magisterial District. Conditional Use Permit #006 -84 of Philip E. and Mary V. Wine for a public garage in the Gainesboro Magisterial District. ACTION - Approved 1943 -5- Mr. Horne read the background material. Mr. Horne then read the standard requirements for a public garage from the ordinance. - Mr. Philip E. Wine, applicant, came forward and stated that he planned to keep most of the work inside the building. Chairman Brumback inquired as to how many people would be involved. Mr. Wine stated that there will be two employees besides himself. Mr. Wine added that he will be working six days per week from 7:00 a.m. to 5:00 p.m. In reply to Chairman Brumback's question, Mr. Wine stated that he mainly works on tractor trailers. Mr. Romine asked how many vehicles would be stored outside and Mr. Wine stated that none will be stored outside the building. Chairman Brumback inquired if Mr. Wine would have a wrecker service and Mr. Wine replied that he would not. Mr. DeHaven asked for the size of the building and Mr. Wine replied that it would be 40' x 60'. Chairman Brumback asked Mr. Wine if he intended to store any parts or equipment outside and Mr. Wine replied that he did not. Col. Myers asked if the setbacks for the proposed building met the requirements of the ordinance. Mr. Gyurisin stated that they did. In answer to Col. Myers' question, Mr. Wine stated that he is required to put in a standard commercial entrance. No one else was present to speak either in favor or opposition to this request. Col. Myers moved to approve this permit with the two conditions noted by the staff in addition to those standard conditions required by the ordinance. This motion was seconded by Mr. McDonald and passed unanimously. 1944 BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #006 -84 of Philip E. and Mary V. Wine for a public garage on Route 692 in the Gainesboro District with the following conditions, in addition to those standard conditions required in the ordinance for a public garage: 1. This is a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and 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. DISCUSSION OF THE NONCONFORMING ARTICLE OF THE ZONING ORDINANCE Mr. Horne presented a letter from Mr. Kevin V. Omps of H. H. Omps, Inc., a trucking firm north of the Route ll /Route 81 interchange in Frederick County. Mr. Horne noted that this area is currently zoned A -2 (Agricultural, General) and since this use was in operation prior to November of 1973, it is considered a non - conforming use. Mr. Horne said that the staff has had discussions with Mr. Omps concerning expansion of his operation and it appears that there are limitations on his ability to expand the structures due to ordinance regulations. Mr. Horne stated that the staff has satisfied his current structural expansion needs, but Mr. Omps is currently at his limit for expansion and is concerned about his future needs. Mr. Kevin Omps came forward and explained his situation to the Commission. The Commission discussed the nature of the operation with Mr. Omps. Chairman Brumback permitted some of Mr. Omp's neighbors to come forward and state their views. Mr. Bill Sandy, a neighbor, said that the business has increased tenfold and the buildings have increased more than 50% since 1963. Mr. Sandy 1945 said that it has grown to a 24 -hour operation and it is very annoying because of the noise and activity. Mrs. Harriett Ways, a neighbor, stated that trucks are right at her fence line. Mrs. Ways did not approve of any further expansion. Mrs. Gerry Sandy was concerned about the noise and the appearance of cars and trucks parked in the field adjoining her property. Chairman Brumback suggested bringing this section of the ordinance up- to -date. Other members of the Commission felt the new Performance Zoning, being studied by the Subcommittee, may help to solve Mr. Omp's problem. The Commission felt that more time was needed to be devoted to this subject than was allowable at this meeting and Chairman Brumback requested that the staff schedule a worksession on this matter. An ordinance to amend the Frederick County Code to increase the maximum building height from 35' to 45'. Upon motion made by Mr. McDonald, seconded by Mr. Romine, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article XIV, (M -1) Light Industrial District, Article XV, (M -2) Industrial General District, and Article XVI, (EM) Extractive Manufacturing District; Sections 14 -4, 15 -5, and 16 -4 Height, Area, and Bulk Regulations, Respectively, to increase the maximum building height from 35 to 45' as follows: 14 -4 -2.3 Height Regulations - Maximum building height shall be forty -five (45) feet. Any exceptions to this regulation are contained in Article I of this ordinance. 15 -5 -3 Height Regulations - Maximum building height shall be forty -five (45) feet. Any exceptions to this regulation are contained in Article I of this ordinance. 16 -4 -3 Height Regulations - Maximum building height shall be forty -five 45 feet. Any exceptions to this regulation are contained in Article I of this ordinance. 1946 16 -4-3 Height Regulations - Maximum building height shall be forty -five (45) feet. Any exceptions to this regulation are contained in Article I of this ordinance. (Mr. Stiles arrived at this point of the meeting.) An ordinance to amend the Frederick County Code by the addition of Section 1 -11, Exceptions to Front Yard Regulations. Upon motion made by Mr. Golladay, seconded by Mr. Romine, and passed unanimously, BE IT RESOLVED, That Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article I, In General,'with the addition of the following: Section 1 -11 Exceptions to the Front Yard Regulations All exceptions to the front yard setback regulations of this ordinance, in any district, shall be approved by the administrator. In all districts, where the average depth of the existing front yard setbacks for adjacent developed lots is less than the minimum required front yard, the administrator may vary the front yard requirement of the undeveloped lot under consideration for an exception to the front yard regulations. For such lots the minimum front yard setback shall be the average of the existing front yard setbacks on adjacent developed lots within 200' of the undeveloped lot's side property line; and, that are within the same zoning district on the same road or right -of -way. An ordinance to amend the Frederick County Zoning and Subdivision ordinance to allow review comments specifically from local fire companies. Upon motion made by Mr. Stiles, seconded by Mr. Myers, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 18, Subdivision of Land, Article IV, Plat Requirements and Plat Review Procedures, Section 4 -1, Generally to include specifically local volunteer fire companies as a site development plan review agency as follows: 4 -1 -6 Procedure For Platt 1947 61 All persons preparing a preliminary or final plat shall confer with the following agencies, departments, authorities, professionals, or officials, or others as may be deemed necessary by the administrator: Virginia Department of Highways and Transportation Virginia State Water Control Board and Health Department Frederick County Sanitation Authority City of Winchester Frederick County Parks and Recreation Department Frederick County Department of Inspections Frederick County Department of Planning and Development Frederick County Department of Public Services Local Fire Companies All comments and /or decisions shall be presented to the administrator and shall be noted on the preliminary and final plat as required by the administrator. Upon motion made by Mr. Golladay, seconded by Mr. McDonald, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve an ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article XIX, Site Plans, Section 19-6, Administration and Procedures for Processing Site Development Plans to include specifically local volunteer fire companies as a site development plan review agency as follows: 19 -6 -3 The agent (zoning administrator) may request comments and /or decisions from other agencies, departments, authorities, professionals, or officials as may be deemed necessary by the agent. These may include but are not limited to: Virginia Department of Highways and Transportation Virginia State Water Control Board and Health Department Frederick County Sanitation Authority City of Winchester Frederick County Parks and Recreation Department Frederick County Department of Inspections Frederick County Department of Planning and Development Frederick County Department of Public Services Local Fire Companies All comments and /or decisions shall be noted on the site development plan as required by the agent. M -10- ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, 1949 2 1 g?� //f rank Brumb ck, Cfieirman