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HomeMy WebLinkAboutPC_09-01-82_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on September 1, 1982. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; Kenneth Y. Stiles; A. L. Myers; Manuel C. DeHaven; W. French Kirk ABSENT: M. Domenic Palumbo; George L. Romine CALL TO ORDER Chairman Brumback called the meeting to order. The first order of business, consideration of the minutes of August 18, 1982. There being no corrections, Mr. Golladay moved for approval of the minutes as presented. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY Mr. Gyurisin stated that there were two site plans pending that did not appear on the report. The first was for Arthur Fulton on Route 677 for a truck terminal, expansion of office facilities, and commercial entrance. The other site plan was for the Agape Christian Fellowship off Route 642 for the construction of a new building. Mr. Horne noted that he received a letter from Herbert Sluder of the Health Department regarding the Gillespie and Updike rezoning. Mr. Sluder stated in the letter that he had no definite recommenda tions. Mr. Sluder had not yet been able to check the area well enough to determine if it was suitable for a mobile home park. Chairman Brumback accepted the Bimonthly Report as information only. DISCUSSION OF CAPITAL IMPROVEMENTS PLAN Mr. Golladay explained to the Commission how the Subcommittee arrived at the current priority list of projects. Mr. Golladay stated that the Subcommittee felt the Landfill Set Aside Fund, for the purchase of a new landfill, was the most important. The Subcommittee 1604 -2- felt that the second most important project was the update of landfill equipment. Mr. Golladay stated that the Subcommittee did not rate the Middletown School or the Regional Wastewater Treatment Plant. Mr. Golladay noted that the Kline School conversion was rated as number three. He explained that the School Board recommended that the Kline School be renovated and become the administrative headquarters for the school system for the County. The people from Smithfield Avenue, Whitlock Avenue, and the old Kernstown Elementary School, will be moved to Kline. The E & S Center will move into the Smithfield property and all remaining unused properties will be sold. The estimated $200,000 received from the sale of property will be used towards the renovation of the Kline School. The Subcommittee recommended that this renovation be done in stages as money becomes available from the sale of the property. Mr. Stiles commented that the Subcommittee did not take into account the new Court Complex to be built. He explained that the Sub- committee realized that County funding for its share of the court complex will take the bulk of money available for capital improvements for the next 2 -3 years. Mr. Stiles stated that the Subcommittee felt that project review should be a yearly process and new project priorities set if necessary. He noted that the Subcommittee felt that debit payments that the County is obligated to should remain fairly constant. The Subcommittee felt it would be all right to assume new obligations as old ones were paid off. In answer to Mr. Brumback's question, Mr. Stiles replied that the landfill project and the Parks and Recreation project, to the extent possible, will be self- supporting. 1605 -3- After much discussion, Mr. DeHaven moved to accept the project priority list as presented by the Subcommittee and also moved to instruct the staff to present this priority list to the Board of Supervisors. This motion was seconded by Mr. Kirk. BE IT RESOLVED, That the Frederick County Planning Commission approves of the project priority list for the Capital Improvements Plan presented by the Subcommittee and agrees to present this package of information to the Board of Supervisors. The above resolution was passed unanimously. PUBLIC HEARINGS Rezoning Application #008 -82 of Eldon Lindsey to rezone 21.549 acres from A -2, Agricultural - General, to B -2, Business - General, in the Opequon Magisterial District. ACTION - Tabled The Secretary read the background material. Mr. Benjamin Butler, attorney for Eldon Lindsey, came forward and introduced himself to the Commission. Mr. Butler explained that the existing building was used as an office in the early 70's and to date it has been used as a storage building by Lord Fairfax Community College. The proposed tenant, Western Union, wishes to conduct a non- public customer service /phone bank. Mr. Butler explained that this service is partly in the computer center, but the operation has grown so much that Western Union has run out of space at that location. He stated that Mr. Matlock, representative for Western Union, has surveyed the area and can find no other suitable location. Mr. Butler stated that there would be approximately 17 workers used to man phones and the office would be open 24 hours a day, 7 days a week. Mr. Butler stated that Western Union will have a 15 year lease on the property. Mr. Butler noted that Mr. Lindsey does not need all the 21 acres rezoned 1606 immediately, and would be happy to rezone just the area with the proposed Western Union office. He stated that Mr. Lindsey wanted the entire 21 acres to be rezoned for future business development. Mr. John W. Matlock, representative for Western Union, came forward and introduced himself to the Commission. Mr. Matlock explained that this service is connected with the mailgram. He stated that they have increased their computer capacity from three computers to five and have finally run out of room to expand. Mr. Matlock stated that he needs another building and Middletown does not have any other business buildings available. Mr. Golladay asked if Health Department approval was received for the 17 employees. Mr. Butler replied that a health permit was needed and received for the building permit. Chairman Brumback next asked for anyone wishing to speak in favor or opposition to the request. Mr. Thomas Hammock came forward and stated that he was Mr. Lindsey's neighbor. Mr. Hammock stated that he has known Mr. Lindsey for 12 to 14 years and he was a wonderful neighbor. Mr. Hammock stated that he was happy to have Mr. Lindsey's business go in and felt it would be of benefit to the area. After some discussion, the Commission felt that it would be best to zone only the amount of land needed for this business and rezone the remainder of the land as needed. Mr. Golladay then moved to table this request until the 15th to give Mr. Butler time to prepare a new plat. This was seconded by Mr. Kirk. 1607 -5- BE IT RESOLVED, That the Frederick County Planning Commission does hereby table request #008 -82 of Eldon Lindsey to rezone 21.549 acres now zoned A -2 to be rezoned to B -2 in the Opequon Magisterial District. The above resolution was passed by the following vote: YES: Messrs. Kirk, DeHaven, Golladay, Brumback, Stiles, McDonald NO: Mr. Myers An ordinance amendment request for Accessory Residential Uses in Industrial Zones, Chapter 21, Zoning, Article XIV, Section 21 -120. ACTION - Denied Mr. Horne stated that Mr. Gilpin and Mr. Monroe have requested this ordinance amendment for residential use in conjunction with their proposed mini - warehouses on M -1 property. Mr. Thomas Gilpin came forward and introduced himself to the Commission. Mr. Gilpin explained that a residential manager for the mini - warehouse is a must for security reasons. Mr. Monroe came forward and explained that he owns mini -ware- houses in Loudoun County. He stated that the 900 sq. ft. apartment is occupied by an elderly couple and they have experienced no problems with this arrangement. Chairman Brumback asked if there was anyone in the audience wishing to speak in favor or opposition to the request. No one came forward. After some discussion, the Commission felt that residential uses of any type were not appropriate in industrial districts because services needed for residential uses and activities taking place in industrial zones were incompatible. Mr. DeHaven moved to deny the request and this was seconded by Mr. Myers. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny the request by Mr. Thomas Gilpin and Mr. James Monroe to amend the Frederick County Zoning Ordinance, Chapter 21, Zoning, Article XIV, Section 21 -120, Accessory Residential Uses in Industrial Zones. The above resolution was 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 I, Section 21 -1, by the deletion of Home Occupation - Accessory Structure (Agricultural), Home Occupation - Agricultural, and Home Occupation- Residential and by the addition of the following: Home Occupation - an occupation or profession customarily carried on in a dwelling unit, which: a) actually is carried on wholly within the principle building or structure, and b) is carried on by members of the family residing on the premises; and c) is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no exterior display, no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential character of the principle building and neighborhood; and d) produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or congestion, and does not adversely effect the surrounding properties; and e) that the home occupation would not require any internal or external alterations or construction features or equipment or machinery not customary in residential areas. Cottage Occupation - an occupation or profession customarily carried on in a dwelling unit or an accessory building; which a) actually is carried on wholly within the principle building or structure or an accessory building or structure; and b) is carried on by no more than one (1) person other than members of the family residing on the premises; and c) is clearly incidental and secondary to the use of the dwelling unit for residential purposes. 1609 -7- 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 111, Section 21 -16 (L.) and (V.) and Article IV, Section 21 -26 (L.) and (X) by the deletion of those sections and the substitution of the following: (L.)(L.) Home occupation, as defined. (V.)(7.), (X.)(19) Cottage occupation, as defined. 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 V, Section 21 -36 (L.) and (M.), Article VI, Section 21 -44 (c) and (L.), and Article VII, Section 21 -51 (i) and (p.) by the deletion of those sections and the substitution of the following: (L.)(C.)(i) Home occupation, as defined. (M.)(L.)(p.) Cottage occupation, as defined with a conditional use permit. 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 IX, Section 21 -78 by the addition of (d) and (e) and Article 10, Section 21 -90 by the addition of (p) and (q) as follows: (d.) Home occupations, as defined. (e.) Cottage occupations, as defined and with a conditional use permit. (p.) Home occupations, as defined. (q.) Cottage occupations, as defined and with a conditional use permit. Upon motion made by Mr. Stiles and seconded by Mr. Golladay, the above resolutions were 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 I, Section 21 -1, Garage, Public as follows and by the addition of Garage, Body Repair as follows: Garage, Public - A building or portion thereof other than a private garage, designed or used for servicing, repairing, or equipping motor - driven vehicles, but not including spray - painting, body or fender repair, service stations or auto sales or service. Garage, Body Repair - A building or portion thereof, other than a private garage or public garage, designed or used for body or fender repair or spray painting. 1610 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 III, Section 21 -16 (v) by the addition of (11) and Article IV, Section 21 -26 (X) by the addition of (23) as follows: (11)(23) Garage, Body Repair - Provided that the following conditions are met: - All repair work shall take place entirely within an enclosed structure. - All exterior storage of parts and equipment shall be screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be adequately maintained as long as such exterior storage is continued. - The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. - The Planning Commission and Board of Supervisors shall determine that the proposed use will minimize adverse effects on surrounding properties. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, the above resolutions were 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 I, Section 21 -1, by the addition of the following: Sawmills and Planing mills, Type A - A mill located on a single parcel of land used for the sawing or processing of standing trees or their wood (timber) harvested only from that parcel or only from parcels of land immediately contiguous and adjacent thereto. Sawmills and Planing mills, Type B - A mill for sawing or processing of standing trees for their wood (timber). 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 III, Section 21 -16, (j) and (v) by the addition of (12); Article IV, Section 21 -26, by the addition of (aa) and (x)(24) as follows: (j) Sawmills and Planing Mills, Type A (v)(12) Sawmills and Planing Mills, Type B (aa) Sawmills and Planing Mills, Type A (x)(24) Sawmills and Planing Mills, Type B 1611 a Upon motion made by Mr. Stiles and seconded by Mr. Kirk, the above resolutions were 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 VII, Section 21 -52, by the deletion of (b) and (c) as follows: (b) Rooming and Boarding Houses (c) Tourist Homes Upon motion by Mr. Golladay and seconded by Mr. Myers. The above resolution was passed by the following vote: YES: Messrs. McDonald, Myers, Brumback, Golladay, DeHaven, Kirk NO: Mr. Stiles DISCUSSION OF REGIONAL WASTEWATER TREATMENT FACILITIES The Commission felt they needed more basic information before they could make a recommendation on land use impacts or cost figures of the regional wastewater treatment plant. Chairman Brumback noted that, along with the discussion today, the joint meeting with the Board of Supervisors would be very informative. Mr. Horne commented that the three options available to the County are to build a new plant, expand on the existing plant, or redesign the existing plant for increased insulation and sludge handling capacity. Mr. Horne pointed out the location for the new facility on a map. He also pointed out the likely service areas if the existing plant was upgraded and expanded. Mr. Horne explained that if the regional plant was built, a significant land impact would be the probable development of the area to the north of Valley Mill Road towards Route 7. Mr. Horne commented that these 350 acres would be the most readily developable area surrounding the 1612 -10- Abrahams Creek Trunk Linea Mr. Horne noted that other areas are technically feasible, but are not economically feasible for development. The Commission then discussed other areas they felt could be affected by the regional plant and impacts from that development. There being no further business to discuss, Mr. Golladay moved for adjournment. This was seconded by Mr. Stiles and passed unanimously. Respectfully submitted, � — rP &' - - o T. P. Horne, Secretary r��nk Brum5ack, Chairman 1613