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PC_12-05-84_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 December 5, 1984. PRESENT: Frank Brumback, Chairman; James Golladay, Vice — Chairman; Carl M. McDonald; A. Lynn Myers; George L. Romine; Marjorie H. Copenhaver; W. French Kirk; John T. P. Horne, secretary; Stephen M. Gyurisin, advisory ABSENT: Kenneth Y. Stiles; Manuel C. DeHaven 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 November 7, 1984. Upon motion made by Mr. Golladay and seconded by Mr. Romine, the minutes were unanimously approved as presented. BIMONTHLY AND MONTHLY REPORTS The Commission and staff discussed pending applications. Mr. Gyurisin briefed the Commission on some pending site plans. The Commission felt that the site plan for Ron Feathers' used car sales lot could be administratively approved, but the Commissioners wished to review the site plan for Our Saviour-Luthern Church. The staff also discussed two other site plans that needed to be brought before the Commission — one for Tom Sculley at the Toney's Market location for a restaurant and a revision to the Don Fowler site plan on Route 11 South for a used car sales lot. Chairman Brumback felt the meeting of December 19th could be cancelled unless an important item of business came up before that time. STTF PLANS Site Plan #026 -84 of John Solenberger for a 12,000 square foot industrial building for Apple Tractor and general rental operation with required parking. ACTION — Approved 1985 -2- Mr. Horne gave the background material. He said that the site plan has been amended to note that a fire hydrant will be placed on the site unless the rental area is sprinkled at the time of occupancy. Mr. Cecil King, architect representing Mr. Solenberger, came forward and introduced himself to the Commission. Mr. King explained that the problem encountered by the fire company was the layout of the fire trucks on the site during an actual fire. The location of the existing hydrants did not provide adequate space to arrange the trucks in the optimum way for fire fighting. Mr. Golladay moved for approval. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #026 -84 of John Solenberger for a 12,000 square foot industrial building for Apple Tractor and general rental operation with required parking in the Stonewall Magisterial District. Site Plan X1030 -84 of Fertig Cabinet Company for a 10,200 square foot building for office, sales, and storage of cabinets with required parking. ACTION - Approved Mr. Horne read the background information. Mr. Dave Holliday, representative for Fertig Cabinet Company, came forward. Col. Myers asked who decided on the water and sewer source. Mr. Horne replied that there is not a Sanitation Authority line within easy distance. The closest line is several hundred feet north in the vicinity of Third Battle Subdivision. Mr. Horne said that it was felt by Mr. Jones that the most economical way would be to have this site served by the City and the Sanitation Authority would not object since they did not have a line that was economically feasible to be extended to this particular site. 1986 -3- Mr. Golladay asked if this would be a private water line installed to serve only this business. Mr. Holliday confirmed this. Upon motion made by Mr. Romine, seconded by Mr. Golladay, and unanimously approved, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #030 -84 of Fertig Cabinet Company to construct a 10,200 square foot building for offices, sales, and storage of cabinets with required parking in the Stonewall Magisterial District. PUBLIC HEARINGS Rezoning #010 -84 of Joseph A. Stossel to rezone 40,000 square feet from RP (Residential Performance) to B -2 (Business, General) for an office, service, and repair for a computer business. ACTION - Approved Mr. Horne read the background material. Mr. Horne stated that this structure is the first residential property to the north of the F & M Branch Bank on the west side of Route 11 South. Mr. Stossel, applicant, came forward and introduced himself to the Commission. Mr. Stossel thought the Health Department comments were too stringent because he felt his business operation would not use more water than a residential use. He said that he repairs mostly at his customers' offices and he had not planned on a store front for six months to a year. He added that at that time, he would employ only a secretary and one other person. Chairman Brumback explained to Mr. Stossel that the Planning Commission has no control over the Health Department requirements and Mr. Stossel would have to work out any water or sewer problems with that agency. Mr. Romine asked for the size of the building and Mr. Stossel replied that the building was a two -story brick house. 1987 F 11 -4- Upon motion made by Mrs. Copenhaver, seconded by Mr. McDonald, and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #010 -84 of Joseph A. Stossel to rezone 40,000 square feet from RP (Residential Performance) to B -2 (Business, General) in the Back Creek Magisterial District. Amended Conditional Use Permit #022 -80 of Thomas L. and Barbara Conrad to amend the conditions on their existing conditional use permit for Bon Air Home for the Elderly. ACTION - Approved Mr. Horne gave the background information. He explained that the Conrads are having difficulty acquiring financing for expansion due to the expiration date on their permit. Mr. Horne stated that the staff realizes that the amended conditions proposed are somewhat different than what has been done for other applicants in the past; however, the intent is to provide information to the Planning Commission to make sure that all conditions for the operation of Bon Air Home are being met. Mr. Mark Conrad came forward and stated that they originally applied for rezoning to B -2, but were denied and this amendment to the conditions on their existing conditional use permit is their only alternative. Mr. Kirk inquired if the well on the property provided a sufficient water supply. Mr. Conrad said that the well supplies a sufficient chemical- free water supply, but they also have city water available if they need to hook up to it. He added that city water serves their fire sprinkler system. Mr. Horne read the current conditions on the permit. Chairman Brumback asked Mr. Conrad how much more expansion he had planned for Bon Air. Mr. Conrad explained that they currently operate a 54 -bed home for the elderly, but are applying for a Certificate of Need for a 1988 -5- nursing home. He said that their expansion is limited by the capacity of the sewer system, which would probably allow them a total of 130 -140 beds. Mr. Golladay moved for approval of this amended conditional use permit with the amended conditions listed by the staff plus the addition of condition #4: "A site plan must be submitted before any further expansion." Mr. Golladay also requested that a notation be made in the official record that the above conditions deviate from the normal conditional use permit conditions in order for the applicant to acquire financing for expansion and that this is the primary reason for allowing these open -ended conditions and should not be considered as a precedent setting situation. This motion was seconded by Mr. Romine and was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the amended conditions on Conditional Use Permit #022 -80 of Thomas L. and Barbara Conrad for the Bon Air Home for the Elderly as follows: 1. This permit shall be revised annually by the staff, Planning Commission, and Board of Supervisors to insure compliance with the terms of the Conditional Use Permit. 2. If the use of the property changes, this conditional use permit shall expire. 3. The applicant shall promptly inform the Department of Planning and Development of any changes in the occupancy or ownership of the premises. 4. A site plan must be submitted before any further expansion. Note The above conditions deviate from the normal conditional use permit conditions in order for the applicant to acquire financing for expansion. This is the primary reason for allowing these open -ended conditions and should not be considered as a precedent setting situation. ORDINANCE AMENDMENTS An ordinance to amend the Frederick County Code to define commercial indoor recreation and athletic facilities. 1411:3'] Q� Upon motion made by Mr. Romine, seconded by Mr. Kirk, 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, Article I, In General, by the addition of the following: Commercial Indoor Recreation and Athletic Facilities Private, commercial, fee supported, indoor facilities used for athletic training and /or for the provision of recreation. Including, but not limited to: clubs, lodges, indoor theaters, poolrooms, bowling alleys, nightclubs, health spas, raquetball and tennis facilities, gymnastic training facilities, and similar facilities. * Mr. Golladay was not present for this vote. --------------------- An ordinance to amend the Frederick County Code to allow commercial indoor recreation, and athletic facilities as a permitted use in the B -2 Zoning District. Upon motion made by Mr. McDonald, seconded by Mr. Kirk, and unanimously approved, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XI, Section 11-2, Use Regulations, by the addition of Paragraph 11 -2 -5, as follows: Commercial Indoor Recreation and Athletic Facilities An ordinance to amend the Frederick County Code to allow Commercial Indoor Recreation and Athletic Facility as a permitted use in the B -3 Zoning District. Upon motion made by Mr. Kirk, seconded by Mr. Romine, and passed unanimously, BE IT RESOLVED, That the Frederick County Code does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XII, Section 12 -2, Use Regulations, by the addition of Paragraph 12 -2 -14, as follows: Commercial Indoor Recreation and Athletic Facilities 1990 -7- An ordinance to amend the Frederick County Code to define the term, retail petroleum pump canopy. Upon motion made by Col. Myers, seconded by Mr. McDonald 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, Article I, In General, Section 1 -1, Definitions, with the following definition addition: Retail Petroleum Pump Canopy - A rooflike structure designed to cover a retail petroleum pump island. An ordinance to amend the Frederick County Code to specify the areas within which a retail petroleum pump canopy could extend. Upon motion made by Col. Myers, seconded by Mr. Golladay, 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, Article I, In General, Section 1 -10, Extension into Yard Areas, as follows: 1 -10 -4 For retail petroleum pump canopies covering petroleum pumps and pump islands, there shall be a minimum of a two (2) foot setback from any road right -of -way. Support columns for such canopies shall be located a minimum of 12' from any road right -of -way. Conditional Use Permit f009 -84 of Merle L. and Mary A. Swartz for a Cottage Occupation /Candy Making and Sales in the Stonewall Magisterial District. ACTION - Tabled There being no one present to represent this application, Mr. Golladay moved to table consideration until January 2, 1985. This motion was seconded by Col. Myers and passed unanimously.* * Mr. Romine was not present for this vote. 1991 TO ANNUAL REVIEW OF CONDITIONAL USE PERMITS Mr. Gyurisin presented a list of conditional use permits scheduled to be advertised for renewal in February 1985. Mr. Gyurisin requested that the Commissioners review the list and contact the staff with any specific comments or questions prior to the second meeting in January. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, 1992