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PC_11-06-85_Meeting_Minutes MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia, on November 6, 1985. PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr., Vice - Chairman; A. Lynn Myers; Manuel C. DeHaven; George L. Romine; Carl M. McDonald; Marjorie H. Copenhaver; S. Blaine Wilson; Kenneth Y. Stiles; John R. Riley, Jr., Secretary CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. The first order of business was the minutes of October 16, 1985. Upon motion made by Mr. Romine and seconded by Mr. Wilson, the minutes were unanimously approved as presented. BIMONTHLY REPORT Chairman Brumback accepted the report for the Commission's information. COMMITTEE REPORTS Personnel Committee Mr. Riley noted that the Board of Supervisors' Personnel Committee, comprising of Mr. Throckmorton, Col. Longerbeam, Mr. Owings, and Mr. Hunter, along with Mr. Brumback, Mr. Golladay, and Mr. Romine of the Planning Commission, interviewed four candidates for the Planning Director position and has made a recommendation to the Board of Supervisors. SUBDIVISIONS Subdivision Request of Greenbrier Village, Section II, to subdivide 41.70 acres, zoned RP, for single - family detached traditional housing in the Opequon District. ACTION - Approved Mr. Riley said that he researched the pre- existing conditions under the R -3 zoning for the subdivision and upon consultation with the applicant 2141 - and the Commonwealth Attorney, is recommending that the Planning Commission conditionally approve Section II under the pre- existing standards for R -3 zoned density for the subdivision. He also recommended that the Planning Commission allow Greenbrier to pay the recreational impact fee of $111.00 per lot and allow the developer to resubmit to the staff for final approval a redesign of Section II. Mr. Riley said that the redesign would create about 14 additional lots and eliminate some of the open areas. Mr. Riley added that Section I was approved and developed under the R -3 density. Mr. Bruce Edens, representing the applicant, said that there was nothing in the Deed of Dedication to require the people in Section I to become members of the home Owners Association and pay the maintenance fee. He said that if they are not members, there would be some difficulty telling their children not to use the parks. Upon motion made by Mr. Golladay and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously conditionally approve Section II of Greenbrier Village under the pre- existing standards for R -3 Zone density and to allow the developer to pay the recreational impact fee of $111.00 per lot. SITE PLANS Site Plan #030 -85 of Exxon Company, U.S.A. for automobile fuel and oil sales and a convenience shop with required site improvements in the Shawnee District. ACTION - Approved Mr. Riley said the applicant will be demolishing the existing Exxon station and constructing a new facility located where the service bays are now located. Mr. J. B. Dollison, representing Exxon Company, U.S.A., presented a photograph of what the proposed station would look like. Mr. Dollison said that they will be installing a fire hydrant on the southern side of the property as per the fire company recommendations. Mr. Wilson asked if there was on -site parking for the convenience store. Mr. Riley replied that parking requirements have been met and he pointed to those spaces on the site plan. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #030 -85 of Exxon Company, U.S.A. for automobile fuel and oil sales and a convenience shop with required site improvements located on the south side of Millwood Pike (US Route 50) immediately east of 1 -81 in the Shawnee Magisterial District. 2142 -3- Site Plan #031 -85 of Travel Lodge Motel for a 52 room, three -story motel addition in the Shawnee District. ACTION - Approved Mr. Riley stated that the primary area of discussion between the staff and developer has been the location of an additional fire hydrant. Mr. Riley pointed to the two existing hydrants and stated that there will still be approximately 160 feet of unprotected space to the rear of the building. Mr. Dave McClure, architect for the project, said there is no water available in the area that the hydrant is requested. Mr. McClure said that they could extend a water line around the rear of the property approximately 100 feet to cover the back side of the motel. He added that there is also a standpipe system with a 4 inch underground water line running through the existing motel. He said that they plan to extend this 4" line through the new addition and place a standpipe at the extreme end. Mr. McClure said that it may then be possible to extend a fire department connection to the back of the building. Mr. Riley commented that Chief Cunningham of the Greenwood Fire Company said that the standpipe would not be satisfactory because the effectiveness of the sprinkler system would be reduced by lowering the pressure due to drawing off that same water system. Regarding the applicants' suggestion on extending a water line to the rear of the building, Chief Moore of the Greenwood Fire Company said that there needs to be an existing 20 foot paved fire lane around the rear of the building. Mr. Riley felt the logistics of hooking -up to the hydrant and the width of the fire lane could be worked out by the developer and staff to the fire company's satisfaction. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #031 -85 of Travel Lodge Motel for a 52 room, three -story motel addition subject to an approved hydrant or water supply satisfactory to the County and the fire company. This motel addition will be located at the intersection of Route 50 East and Interstate 81 in the Shawnee Magisterial District. Site Plan #032 -85 of Haines Day Care Center for a licensed day care center for children. ACTION - Approved Mr. Riley pointed out the existing house on the site plan. He said that there will be three parking spaces and a commercial entrance onto Route 11. 2143 -4- Mrs. Barbara Haines, applicant, stated that she will have 20 -25 children, with a maximum being 25. Mrs. Haines added that she will have three staff members. Upon motion made by Mrs. Copenhaver and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #032 -85 of Haines Day Care Center for a licensed day care center for children located on Route 11 South in Kernstown in the Back Creek Magisterial District. PUBLIC HEARINGS Rezoning Request #012 -85 of Donald L. Fowler to rezone 5 acres from EM (Extractive Manufacturing) to MH -1 (Mobile Home Community). ACTION - Approved Mr. Riley said this five acres was an oversight from the original 202 acre application for rezoning. Mr. Riley said that when the staff was putting this application together, they did not realize that they had left a five -acre tract, an existing shale pit, zoned Extractive Manufacturing. He explained that this EM zone was not reflected on the zoning maps, but was documented in the Board of Supervisors' minutes, which are the official records. Mr. Riley continued, stating that at the Board of Supervisors' public hearing, they amended the original application to reflect 197 acres for the proposal, because the five acres of Extractive Manufacturing was not advertised. Mr. Harry Benham, III, representing the applicant, was present to answer questions. Mr. Manuel Sempeles, Stonewall District, came forward to speak in opposition to the rezoning. Mr. Sempeles said that the people of the Red Bud area, including himself, are opposed to this project and feel bitter about it. He said that he has lived in the Red Bud area for 18 years and some people for 25 -30 years. He said that they do not like to see the community and environment disrupted. Mr. Sempeles felt that if the rezoning was approved the development would expand in every direction of the Red Bud area. He felt this mobile home park was in the wrong location. Mr. Sempeles stated that it was bad when you have a nice house and then you have a group of trailers across from you. Mr. Sempeles continued, stating that the impact and tax structure of this particular project will cost the County a lot of money in future years. He stressed that the County will not get much of a tax base unless it attracts some industry. He added that if the County continues to appove these little 5 -acre projects of trailers, the County will be in big trouble. Mr. Sempeles noted that this project may be quite an impact on the County from the standpoint of insurance, traffic count, and scenery from Route 81 and 7; and that this will not be a very attractive area in 5 -10 years. Mr. Sempeles concluded by saying that he has seen too many other trailer courts 2144 -5— that have disintegrated and there is no guarantee that the owners will not sell in two to three years. Ms. Tina Barton, Stonewall District, came forward to speak in opposition. Ms. Barton felt that this mobile home park would continue to expand. She said that it will create difficulties with the residents of the area. She added that there are homes on Warner Avenue that will be directly affected by this 5 -acre rezoning and she asked the Planning Commission to take into consideration those people who will be affected. Mr. Riley next read a list of industries from the ordinance that would be allowed to operate under an Extractive Manufacturing Zone. Mr. Bernard Schwartzman, Stonewall District, come forward to ask questions on this 5 -acre area. Mr. Schwartzman asked if the number of mobile homes given to the Planning Commission and Board of Supervisors on the original application included those mobile homes for this 5 acres. Mr. Stiles answered yes. Mr. Schwartzman then asked how deep the shale pit was and if it would be filled. Mr. Stiles replied that the pit was approximately 30' -40' deep and added that some groundwork would need to be done to make the area useable. Mrs. Bonnie Schwartzman, Stonewall District, came forward to ask the Commission to explain again why this was an oversight from the previous application. An explanation was given by Chairman Brumback and Mr. Stiles. Mr. Harry Benham, III, explained that this area is planned as open area, with the exception of a road. Mr. Benham said that the owners plan to clean -up the area because this will be the entrance to the development. Mr. Steve DeHaven, adjacent land owner, came forward and requested that the five acres be rezoned to Residential instead of MH -1, so his land would not abutt Mobile Home zoned land. In regard to recovering the shale pit, Mr. Sempeles said that there is the possiblity that the project developer may not fulfill his obligations. Ms. Cynthia Jones, of Shenandoah Hills, came forward to speak in opposition. Ms. Jones was worried that mobile home parks would take over the area. Mr. Benham said that he would not be opposed to having the five acres remain EM. Mr. Stiles asked Mr. Benham about the feasibility of rezoning the five acres to Residential. Mr. Benham said he would not be opposed to that; however, since this five acres was designated as open area, it would need to be determined if the open space requirements would be met in the MH -1 section without the five acres. Mr. Stiles said that in order for the open space requirements to be specifically determined between the existing MH and RP zones, he would move to table this request for two weeks. This motion was seconded by Mr. Golladay, but lost by the following vote: YES: Messrs. Golladay and Stiles 2145 -6— NO: Mrs. Copenhaver and Messrs. Romine, McDonald, DeHaven, Myers, and Wilson ABSTAIN: Mr. Brumback Upon motion made by Mr. DeHaven, seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Rezoning Request #012 -85 of Donald L. Fowler to rezone 5 acres from EM (Extractive Manufacturing) to MH -1 (Mobile Home Community) for planned residential development at the end of Warner Lane leading northeastward from Route 7 just east of the intersection of Route 7 with 81 in the Stonewall Magisterial District. Mr. Stiles noted for the record that he felt this entire proposal will be an asset to Frederick County and that this development was needed. Mr. Stiles said that our young people need places to live after they leave school. He said that these young people need places to live that they can own and purchase and build up some equity. Mr. Stiles added that they will be able to do this in this particular proposal. He further added that he had no regrets about the previous action on this application. Rezoning Request #013 -85 of George B. Whitacre to rezone 70,000 square feet from A -1 (Agricultural Limited) to B -2 (Business General) for a fruit market and grocery store for the retail sales of groceries, fruits, and canned goods. ACTION - Approved Mr. George B. Whitacre, applicant, said that due to the relocation of dual Route 522, the existing store is too far from the road. Mr. Whitacre added that he owns the property adjacent to this parcel, giving him approximately 1,000 foot of frontage. Upon motion made by Col. Myers and seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County does hereby unanimously approve Rezoning Request #013 -85 of George B. Whitacre to rezone 70,000 square feet from A -1 (Agricultural General) to B -2 (Business General) for a fruit market and a grocery store for the retail sales of groceries, fruits, and canned goods. This property is located on the northeast side of proposed US Route 522 at Cross Junction in the Gainesboro Magisterial District. Conditional Use Permit #011 -85 of David E. Dovell for a Public Garage in the Opequon District. ACTION - Tabled 2146 -7— Mr. David E. Dovell said that he presently resides and operates an auto -body shop in Maryland. He said that his plans involve closing the business in Maryland and commuting to Frederick County four to five days a week to run his business here. Eventually, he wanted to build a home and reside on the same property as the public garage. Mr. Dovell said that he employs one full -time and one part -time employee. He said there would be no junk yard whatsoever and only customers' cars will be on the property. Chairman Brumback asked Mr. Dovell if he had contacted the Highway Department and Health Department. Mr. Dovell said he is under the impression that the Highway Department will grant him a permit and he has already renewed his permit with the Health Department. Mr. Golladay was concerned that this operation would be the primary use of the property. He said that in the past, conditional use permits were issued for a use that would be secondary to the primary use, which was usually residential. Mr. Golladay said that his other concern was the dangerous condition of the dirt road, Route 636. Mr. Michael Welsh, owner of an adjacent 27 acre tract, was opposed to this operation. Mr. Welsh explained that this area is extremely rural with low density housing and the land use is primarily agriculture and woodland. He noted that Route 636 is a one -lane dirt road with numerous blind 90 curves and the increased traffic would present a problem. Mr. Welsh felt that if this public garage was approved, it would set a precedent for public garages in the area. He also felt this operation would depreciate property values. Mr. Welsh was concerned about the noise and chemical pollution and disposal of hazardous substances. Mr. Stiles asked Mr. Welsh if he would still object to the permit if Mr. Dovell was required to screen outside storage and insulate the building. Mr. Welsh said that he would not be totally opposed if there were enough conditions to insure that the business would not interfere with the quietness and rural character of the neighborhood. Mr. Welsh said he was opposed to indiscriminately placing a solely commercial enterprise in the middle of a highly rural, residential and agricultural area. Mr. Stiles moved to add Mr. Welsh's letter to the official minutes. This motion was seconded by Mr. Golladay and passed uanimously, as follows: Michael A. Welsh Rt. 1, Box 269 Stephens City, VA 22655 November 5, 1985 Mr. John R. Riley Frederick County Administrator 9 Court Square P. 0. Box 601 Winchester, VA 22601 Dear Mr. Riley, 2147 -8- Thank you for your time last week in listening to my concerns about Conditional Use Permit application number 011 -85 by Mr. Dovell for an Auto Body Repair Shop to be located adjacent to my home. As you know, I have several objections to this permit and am listing them below for your review: 1) I have a nice home which I have spent years improving the landscape to a park like quality. I believe that an "Auto Body Shop" next door will depreciate my property values and have an overall adverse valuation effect on the entire local area. 2) A business of this type generates significant noise and chemical pollution which will be harmful to the wildlife which we have encouraged to live in our woodland area, not to mention my family. 3) The road, which is a one lane, unimproved dirt secondary road with numerous blind, 90 degree turns is not able to support business traffic. 4) Presently, there is no one living on the property, and I am concerned that this may attract theft and an area where undesirable activities such as juveniles parking and drinking alcoholic beverages and using drugs may take place. 5) As a businessman, I have concerns about the viability of locating a public business in such a remote area as this. Without specific directions, and sometimes a map, it is difficult to locate specific properties along this road. 6) Due to the poor qualities of the soil in the area, the most likely use of these lands in the future would be as residential home sites, when necessary utilities are installed. It would be inconsistent with this usage to place a business such as this along this road. Clearly, this permit should not be granted. Thank you. Michael A. Welsh Mr. Golladay stated that at this time there are no staff recommendations in the agenda for the Commissioners or applicant to react to. Mr. Golladay said that he would prefer staff recommendations on this conditional use permit before Planning Commission action and, therefore, moved to table the request. This motion was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Conditional Use Permit #011 -85 of David E. Dovell for a public garage until their meeting of November 20, 1985. 2148 -9— Conditional Use Permit #012 -85 of Josephine O'Leary to re- establish a non- conforming commercial use for clothing and miscellaneous retail sales. ACTION - Approved Ms. Janis Smith, daughter of the applicant, said that the request is for a used merchandise shop operated three days per week. She said there will be parking across the front of the building for ten cars, not including employee cars. Chairman Brumback asked how long the building has been vacant and Ms. Smith believed there had not been an active business there for a year or year and a half. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #012 -85 of Josephine O'Leary to re- establish a nonconforming use for clothing and miscellaneous retail sales at the Old Rustic Tavern on Route 522 South at Armel in the Opequon Magisterial District with the following conditions: 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. Conditional Use Permit #013 -85 of Roger Fitzwater for a public garage in the Stonewall District. ACTION - Approved Mr. Riley read a letter stating the position of Glenn Bair with Winchester Mall, Inc. regarding a 60' right -of -way and demolition of the property for their use when they are ready. The letter stated that Winchester Mall is the grantee of the Deed of Easement over certain tracts of land extending along Route 7 and along the property line of Alfred Snapp on which the garage is located. Mr. Bair said they have no objections to the conditional use permit, but wanted to make certain that Mr. Fitzwater is aware that under the agreement with Alfred Snapp, they have the right to improve the easement for the access to their property and at such time they would improve the easement, this would require demolition of the existing garage. Mr. Roger Fitzwater stated that he understood the letter from Winchester Mall on the right -of -way. Mr. Fitzwater said that he will be 2149 -10- removing seven inoperable vehicles from the property, which would leave six customer cars on the property. Upon motion made by Mr. Stiles and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #013 -85 of Roger Fitzwater for a public garage on Warner Lane in the Stonewall Magisterial District with the following conditions: 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 be required. ORDINANCE AMENDMENTS An amendment to modify the lot widths for single - family detached cluster, single - family detached zero lot line, and duplex homes; and to modify the dimensional requirements for patio homes. ACTION - Approved Upon motion made by Mr. McDonald and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve an ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article V, Residential Performance (RP); Section 5 -5, Dimensional Requirements, as follows: 5 -5 -3 Single Family Detached Clusters Delete: 5 -5 -3.5.1 Minimum Lot Width at Setback - 60' Add: 5 -5 -3.5.1 Maximum Lot Size - 10,000 square feet 5 -5 -4 Single Family Detached Zero Lot Line Delete: 5 -5 -4.5 Minimum Lot Width at Setback - 60' Add: 5 -5 -4.5 Maximum Lot Size - 8,000 square feet Delete: 5 -5 -4.2 Average Lot Area - 8,000 square feet Add (to existing text): 5 -5 -5 Patio House 2150 -11- Maximum rear and side yard slopes shall not exceed 5% from the edge of the principal building or structure to the side or rear of the property line. 5 -5 -5 Patio House Delete: 5 -5 -5.1 Dimensional Requirements 1 BR - 40' Lot Width at Setback 2 BR - 50' Lot Width at Setback 3+ BR - 50' Lot Width at Setback Add: 5-5 -5.1 Dimensional Requirements # of Minimum Lot Area Average Lot Area Maximum Lot Area Off- street Bedrooms (Square Feet) (Square Feet) (Square Feet) Parking 1 2,800 3,000 4,200 1 2 3,200 3,600 4,200 2 3+ 3,800 4,000 4,200 2 5 -5 -6 Duplex Delete: 1 BR - 50' Lot Width at Setback 2 BR - 50' Lot Width at Setback 3+ BR - 60' Lot Width at Setback An amendment addressing buffering and screening requirements and access roads. ACTION - Approved Upon motion made by Mr. Stiles and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve an ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article V, Residential Performance (RP); Section 5 -7, Buffering and Screening Requirements, with the following addition: 5 -7 -5 ** Buffers shall be measured from the principal structure to the nearest edge of road right -of -way. Access roads to property through these buffers are permitted. An amendment addressing buffering and screening requirements and access roads. ACTION - Approved 2151 -12- Ms. Sandy Ambrose, Shawnee District, came forward to address Residential Performance Zoning. Ms. Ambose commented that she had come to this meeting with a group of people, but they had to leave because it was so late in the evening. Ms. Ambrose was distressed that this item was placed so late on the agenda. She felt Residential Performance Zoning was a county- wide concern and effected many more people than an individual request for rezoning or conditional use permit and, therefore, deserved priority over those items. Ms. Ambrose asked if the proposed amendments would allow even denser development per acre under the RP District and Chairman Brumback replied that the amendments would have no effect on that aspect of Residential Performance zoning. Ms. Ambrose felt the Residential Performance zoning system was being abused by certain developers who place high densities of housing units on small acreages of land. Ms. Ambrose was opposed to this and said that it was ruining the quality of life for the surrounding citizens. Ms. Ambrose asked the Planning Commission to take action to prevent this abuse. Upon motion by Col. Myers, second by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve an ordinance to amend the Frederick County Code, Chapter 21, Zoning; Article V, Residential Performance (RP): Section 5 -7, Buffering and Screening Requirements, with the following addition: 5 -7 -3* Buffers shall be measured from the lot line of the structure containing less than three dwelling units to the lot line or principal structure (whichever is nearest) of the structure containing three or more dwelling units. Access roads through these buffers shall not be used for such access to lots or to a property unless there is no other practical means of access. The intent and integrity of the separation buffer between housing types shall be maintained if an access road is provided through a residential area and it requires a separation buffer. The Planning Commission may require additional screening to maintain the integrity of the buffer between housing types should an access road be placed within the required buffer area. TRANSPORTATION COMMITTEE REPORT Upon motion made by Mr. Stiles, seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table discussion on the Transportation Committee Report until November 20, 1985. The vote on this item was: YES: Messrs. Romine, Wilson, DeHaven, Stiles, McDonald, and Mrs. Copenhaver 2152 -13- NO: Messrs. Golladay, Myers ABSTAIN: Mr. Brumback RURAL ORDINANCE SUBCOMMITTEE RECOMMENDATIONS Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the discussion on the Rural Ordinance Subcommittee recommendations until the Worksession on November 26 in order to bring non - committee members up- to-date on the subject. Request by Westminster - Canterbury of Winchester for approval of storm water retention on the property. ACTION - Approved Mr. Riley stated that adjoining property owners were notified by letter that Westminster- Canterbury has reached an unworkable situation with reference to extending the 18" pipeline because of their inability to obtain right -of -way easements. He said that the letter advised those persons that unless the Planning Commission hears otherwise, they would act on the applicant's request for approval of their original site plan of storm water retention on the property. Mr. John Goodwin, Vice - President of the Board of Trustees of Westminster - Canterbury of Winchester, was present to answer questions. There being no one present wishing to speak in opposition to this proposal, Col. Myers moved for approval. This motion was seconded by Mr. Wilson. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the request of Westminster Canterbury of Winchester to proceed with their original site plan proposal of storm water retention on their property instead of the 18" pipeline, as follows: Approval of Site Plan #011 -85 of Westminster- Canterbury of Winchester to construct a life care retirement facility, south of Route 522 in Sunnyside, Gainesboro Magisterial District, with the addition of a crossover on Route 522 at the intersection with Frederick Mall Drive; the upgrading of the surface of Frederick Mall Drive in order for that road to be accepted into the Virginia Department of Highways and Transportation's system; and an on- site detention /retention system consisting of a structure that would entail on -site retention of a 5 -year storm with a minimum outflow through an approximate 4" pipe and detention of a 10 -year storm with outflow at predevelopment rates through an 18" diameter standpipe. 2153 -14- The vote on this item was: YES: Messrs. Golladay, Stiles, DeHaven, Myers, McDonald, Wilson, Brumback, and Mrs. Copenhaver ABSTAIN: Mr. Romine DISCUSSION OF THE GILBERT C. MILLS CONDITIONAL USE PERMIT FOR A SAWMILL Mr. Gilbert C. Mills came before the Commission to answer questions on his sawmill operation. Chairman Brumback asked Mr. Mills if he was actively using his conditional use permit. Mr. Mills replied that he was not because he was currently busy building. Chairman Brumback asked Mr. Mills if he had used his sawmill this past year and if he intended to use the sawmill in the future. Mr. Mills replied that he has not used the sawmill this past year, but wanted to saw the logs that were on his property when he had the opportunity. Mrs. Joyce Ware, adjacent property owner, was opposed to the continuation of Mr. Mill's conditional use permit for a sawmill. Mrs. Ware was concerned about the excavating being done on Mr. Mill's property. She was also concerned that Mr. Mill was running an automobile repair shop in his barn. Chairman Brumback stated that Mr. Mill's conditional use permit is scheduled for review and renewal at the beginning of next year. Chairman Brumback suggested that Mrs. Ware appear before the Commission at that time if she wished to speak in opposition to that permit. ADJOURNMENT There being no further items to discuss, the meeting adjourned. Respectfully submitted, rank Brumback, Chairman John R. Riley, Jr., Secretary 2154