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PC_03-03-82_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION 1982. Held in the Board of Supervisors' meeting room, March 3, PRESENT: Frank Brumback, Chairman; James Golladay, Vice Chairman; Carl M. McDonald; M. Domenic Palumbo; Kenneth Stiles; A. L. Myers; Manuel DeHaven; W. French Kirk; George Romine ABSENT: Herbert Sluder CALL TO ORDER Chairman Brumback called the meeting to order and requested a moment of silence to remember Thomas B. Rosenberger. Chairman Brumback next requested the consideration of the minutes of February 17, 1982. There being no corrections, Mr. Golladay moved to approve the minutes of February 17, 1982 as presented. This was seconded by Mr. Kirk and was passed unanimously. BIMONTHLY Upon request by Mr. Golladay, Mr. Gyurisin reviewed the Board of Zoning Appeals actions for February. In answer to Mr. Golladay's inquiry, Mr. Horne stated the rezoning for Leon Zieger will come before the Planning Commission on April 7. Mr. Horne commented that a presentation date is still not set for Jerry Updike and Dewey Gillespie because comment has not yet been received from the Health Department. There being no further comments, Chairman Brumback accepted the bimonthly report as information only. SUBDIVISIONS Subdivision Request of Emerson Corpora The Secretary gave the background information. Mr. Donald Garber came forward and introduced himself to the Commission. 1500 -2- Mr. Horne explained that the plat will vacate the original lot line and combine the remaining portion of lot one with lot two to create a new lot. Mr. Palumbo next asked for the size of the remaining lot. Mr. Garber replied that there is about 50' x 200' remaining. There being no one wishing to speak further, Mr. Kirk moved to approve the subdivision request. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the subdivision request of Emerson Corporation. Discussion of Public Meetings for Comprehensive Plan Mr. Horne explained the handouts that would be used at the public meetings. Mr. Horne stated that the meetings are scheduled to be 1 1/2 hours long, but the staff would be happy to stay longer if people have questions. Mr. Horne added that the meetings will be from 7:30 p.m. until 9:00 p.m. Mr. Golladay suggested a brief synopsis be given to explain the survey that was done earlier. Mr. Golladay also mentioned that the Comprehensive Plan Subcommittee approves of the format for the public meetings. Mr. Horne announced that the first scheduled meeting is March 15, at James Wood High School in the multi - purpose room. Mr. Horne commented that from then on, there will be a meeting every Monday night until April 12. Discussion of Ordinance Amendments 1501 -3- Mr. Horne explained the staff's proposal for the ordinance amendments for go -cart tracks, outdoor recreational facilities and fraternal lodges and civic clubs. Mr. Stiles moved to advertise the zoning ordinance amendments for lodges and civic clubs in residential districts as presented by the staff. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby agree to advertise the zoning ordinance amendments for lodges and civic clubs in residential districts for public hearing on March 17, 1982, as presented by the staff. After some discussion, Mr. Stiles moved to proceed with the advertising of the zoning ordinance amendments for go -cart tracks and outdoor recreational facilities as presented by the staff. This was seconded by Mr. Golladay and passed by the following vote: YES: Messrs. DeHaven, Brumback, Golladay, Romine, Kirk, Myers, Stiles, McDonald ABSTAIN: Mr. Palumbo BE IT RESOLVED, That the Frederick County Planning Commission does hereby agree to advertise the zoning ordinance amendments for go -cart tracks and outdoor recreational facilities for public hearing on March 17, 1982, as presented by the staff. PUBLIC HEARINGS Conditional Use Permit No. 001 -82 of Gilbert C. Mills for a home occupation, accessory structure /sawmill in an open sided shed. ACTION - Tabled The Secretary read the background information. Mr. Gilbert Mills came forward and introduced himself to the Commission. Mr. Mills explained that he wants the sawmill for his own use. He stated that he builds for Ryan Homes and he also builds 1502 -4- fences. Mr. Mills further explained that he did not realize he needed a permit and that he has had a mill since 1973. Mr. Mills stated that he has not operated the mill for two years. He stated that he needs a certain size lumber which he can not purchase, therefore, he bought logs to cut the lumber himself. Mr. Mills commented that he moved the mill away from the house and on top of a hill. In answer to Chairman Brumback's question, Mr. Mills stated that the nearest house was located 500' away. Mr. Mills stated that he had a letter from this closest neighbor, F. W. Hite. In answer to Mr. Golladay's question, Mr. Mills stated that he saws on the average of two days per week. Mr. Horne asked Mr. Mills if, during his previous use of the mill, he sawed as part of his business. Mr. Mills replied that he did. Mr. Stiles suggested that this situation be considered as a conditional use permit to renew a non - conforming use. Chairman Brumback inquired if any custom sawing was done and Mr. Mills replied that he saws for neighboring farmers. In reply to Mr. Stiles' question, Mr. Mills stated that his property contains 16 1/3 acres. He commented that 500' is on the road. Mr. Horne stated that if the application is to be approached as a non - conforming use, very specific information needs to be submitted as to the nature of the prior use of the mill. Mr. Horne noted that verbal verification alone would not be sufficient. 1503 -5- Mr. Golladay moved that the letter from Mr. Hite be made an official part of the minutes. passed unanimously. This was seconded by Mr. Stiles and BE IT RESOLVED, That the Frederick County Planning Commission does hereby accept the following letter as an official part of the minutes: March 3, 1982 To Frederick County Planning Commission: We, the undersigned property owners, have no objections to Gilbert C. Mills setting up a sawmill. William C. Trenary Route 2, Box 718 Front Royal, Virginia Lewin Hite Route 2, Box 721 Front Royal, Virginia 22630 Chairman Brumback next asked for anyone wishing to speak in opposition to the request and Mr. Douglas Swift, Attorney, came forward. Mr. Swift stated that he represents Mrs. Joyce Ware, an adjoining property owner. Mr. Swift first presented a letter from another adjoining property owner, Archie Lewis, who is also in opposition to the request. Mr. Golladay moved to accept the letter from Archie Lewis as part of the official record. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby accept the letter from Archie Lewis as an official part of the minutes as follows: 4605 Columbia Road Annandale, VA 22003 27 January 1982 Frederick County Development Agency Frederick County, Box 552 1504 Winchester, Virginia 22601 I own land on Route 641 in Frederick County which is adjacent to land owned by Mr. Gilbert Mills. Mr. Mills' land is on Route 522. I have been told that Mr. Mills plans on operating a sawmill on agricultural zoned land and it is requested that Frederick County take necessary action to stop Mr. Mills from this operation because it would effect all neighboring properties should he be permitted to do SO. Since 1974, taxes on my property have increased by 400 percent and I plan to develop my property for residential homes. Mr. Mills' operation would greatly depreciate the possibility of this development. My property is recorded in Frederick County Deed Book, 449, page 77 (Book 373, page 548). Copy of plat has been included for your information. Your cooperation will be appreciated to insure that Mr. Mills' utilizes his land in accordance with Frederick County codes and zoning requirements. Sincerely, Archie R. Lewis Encl cc: J. M. Ware Mr. Swift submitted a plat showing the locations of the property involved. Mrs. Joyce Ware next came forward and introduced herself to the Commission. Mrs. Ware read a statement that she had prepared in opposition to the Mills' request. Mrs. Ware read from the statement that before purchasing this property she checked with the Warren and Frederick County zoning officials as to projected land use in the area and she was assured that no change in the agricultural use was anticipated. Mrs. Ware commented that most of her life savings has been invested in restoring her property and as a result, her taxes have increased over 4008. Mrs. Ware was concerned about the noise, dust and possible traffic generated by a commercial use. Mrs. Ware also stated 1505 -7- that Mr. Crouse, another adjoining neighbor who could not be present, is also opposed. Mr. Swift next stated that upon reviewing the zoning regulations, the only category in which sawmills and planing mills are located is under General - Industrial. Mr. Swift commented that the applicant is bringing very large pieces of timber onto the property. Mr. Swift added that he believes this operation is not incidental and secondary to the residential use of the property, but an industrial use. Mr. Horne asked Mr. Mills to explain why be brought so many logs onto the property recently and Mr. Mills stated that he was able to get a good deal on them at the time. Mr. Mills stated that he has about one year's supply of timber. Mr. Stiles next moved to table this request until the next regularly scheduled meeting passed by the following vote: This was seconded by Mr. Romine and YES: Messrs. McDonald, Palumbo, Stiles, Brumback, Golladay, DeHaven, Kirk, Romine NO: Mr. Myers BE IT RESOLVED, That the Frederick County Planning Commission does hereby table conditional use permit number 001 -82 of Gilbert C. Mills until the meeting of March 17, 1982. Conditional Use Permit No. 002 -82 of Roy R. & Patricia G. Beatty for a home occupation /accessory structure for an automotive rebuilding in the Opequon Magisterial District. ACTION - Approval The Secretary gave the background information. Mr. Roy Beatty came forward and introduced himself to the Commission. Mr. Beatty explained that he purchases total wrecks and 1506 rebuilds them inside his shop. Mr. Beatty added that there will be no outside work carried on. He commented that the most autos he has ever purchased at one time was three and they were all stored and repaired inside. Mr. Beatty stated that his closest neighbor, Carlton L. & Vivian Bartles, is 200' from his property. Mr. Horne stated that he had received a letter from the Bartles and he proceeded to read that letter, as follows: February 27, 1982 Mr. John T. Horne: Concerning an automobile rebuilder permit. The applicants are Roy and Patricia Beatty. We will not be able to attend the meeting of March 3, 1982. We are using this method to state our concern. We have lived here in this area for 10 years, and it has been very peaceful and quiet, and we sincerely hope no decision is made to change that. Any disturbing noises between the hours of 5:00 p.m, and 7:00 a.m. any day would be very disturbing to us, as we are working people and our work hours vary. If a permit is issued, it should be issued to be used with the consideration of others. Carlton L. & Vivian Bartles Property Owners and Tax Payers Opequon District, Frederick County, Virginia Mr. Romine asked Mr. Beatty if he made sheet metal repairs on the autos and Mr. Beatty replied that he replaces sheet metal. Mr. Beatty noted that most of the sheet metal repair is done elsewhere. Mr. Golladay suggested that condition number five read, "Daylight hours of operation only" There being no one wishing to speak further, Mr. Golladay moved to approve the application with conditions. This was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of conditional use permit no. 002 -82 of Roy 1507 R. and Patricia G. Beatty for a home occupation /accessory structure for automotive rebuilding to the Board of Supervisors with the following conditions: 1. This be a one year permit to be reviewed 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. No one except members of the immediate family residing on the premises shall be employed. 4. On site parking shall be provided. 5. Daylight hours of operation only. Conditional Use Permit No. 003 -82 of Jerry A. & Kathy C. Harris for a home occupation /small item rental in the Stonewall Magisterial District. ACTION - Approval The Secretary gave the background information. Mrs. Kathy Harris came forward and introduced herself to the Commission. Mrs. Harris stated that she wished to do away with her previous conditional use permit no. 011 -81 for a small engine /lawnmower repair. In regard to this new conditional use permit request, Mrs. Harris explained that she will rent televisions, video games and recorders and people will take them out of the premises to use. Mr. Stiles suggested that condition number five under staff recommendations be eliminated. There being no one wishing to speak further, Mr. Stiles moved to approve the application with conditions. This was seconded by Mr. DeHaven and passed unanimously. 1508 -10- BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of conditional use permit no. 003 -82 of Jerry A. & Kathy C. Harris for a home occupation /small item rental to the Board of Supervisors with the following conditions: 1. This is to 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. No one except members of the immediate family residing on the premises shall be employed. 4. On site parking shall be provided. There being no further business to discuss, Mr. Golladay moved for adjournment. This was seconded by Mr. Stiles and passed unanimously. Respectfully Submitted, E "ank Brumbdc , Chairman Horne, Secretary 1509