HomeMy WebLinkAboutPC_01-05-83_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room on
January 5, 1983.
PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman;
Carl M. McDonald; M. Domenic Palumbo; Kenneth Y. Stiles;
A. Lynn Myers; Manuel C. DeHaven; W. French Kirk;
George L. Romine
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 December 15, 1982. Motion was made by Mr. Myers, seconded
by Mr. Kirk and passed unanimously to approve the minutes of December
15, 1982, as presented.*
BIMONTHLY REPORT
The Commission discussed pending applications with the staff.
ELECTION OF OFFICERS - 1983
ACTION - Elect Frank Brumback, Chairman
Elect James Golladay, Vice - Chairman
Incumbent Chairman, Mr. Frank Brumback, declared nominations
open for Chairman and Vice - Chairman.
,The nomination of Mr. Frank Brumback for Chairman and
Mr. James Golladay for Vice - Chairman for 1983 was made by Mr. Stiles
and seconded by Mr. Palumbo.
Upon motion made by Mr. Kirk, and seconded by Mr. McDonald,
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby close the nominations for Chairman and Vice -
Chairman of the Planning Commission of said County.
BE IT FURTHER RESOLVED, That the Planning Commission for the County of
Frederick does hereby duly elect Frank Brumback as Chairman and James
Golladay as Vice - Chairman of the Planning Commission of said County.
The above resolutions were passed by the following vote:*
YES: Messrs. McDonald, Stiles, Myers, DeHaven, Kirk
*Mr. Romine was not present for this vote.
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ABSTAIN: Messrs. Brumback, Golladay
ACTION - Elect John T. P. Horne, Secretary
Chairman Brumback declared nominations open for Secretary.
The nomination of John T. P. Horne was made by Mr. Golladay
and seconded by Mr. Stiles.
Upon motion by Mr. Myers and seconded by Mr. Kirk,
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby close the nominations for Secretary to the
Planning Commission of said County.
BE IT FURTHER RESOLVED, That the Planning Commission for the County of
Frederick does hereby duly elect John T. P. Horne as Secretary to the
Planning Commission of said County.
The above resolutions passed unanimously.*
ACTION - Schedule of Planning Commission Meetings for 1983
Upon motion made by Mr. Stiles, and seconded by Mr. Kirk,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby declare that the Plannning Commission's regularly scheduled
meetings will be held at 7:00 p.m. on the first Wednesday of each month
and 2:00 p.m. on the third Wednesday of each month in the Board of
Supervisors' meeting room, 9 Court Square, Winchester, Virginia.
BE IT FURTHER RESOLVED, That the Frederick County Planning Commission
does hereby declare that public hearings shall be held on the first
Planning Commission meeting of each month, beginning at 7:30 p.m., in
the Board of Supervisors' meeting room, 9 Court Square, Winchester,
Virginia.
BE IT FURTHER RESOLVED, That the Frederick County Planning Commission
does hereby declare that the Planning Commission Worksessions shall be
held the fourth Tuesday of each month from 7:00 p.m. to 9:00 p.m., in
the Board of Supervisors' meeting room, 9 Court Square, Winchester,
Virginia.
The above resolutions were unanimously passed.*
ACTION - Election of Committee Members for 1983
*Mr. Romine was not present for this vote.
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Upon motion made by Mr. Stiles and seconded by Mr. Golladay,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby reinstate the same committee members to serve in 1983 as served
in 1982, as follows:
Comprehensive Plan Subcommittee
Manuel DeHaven
A. L. Myers
James Golladay
Kenneth Stiles
Capital Improvements Plan Subcommittee
Frank Brumback
George Romine
James Golladay
Kenneth Stiles
Ordinance Subcommittee
Frank Brumback
W. French Kirk
A. L. Myers
Carl McDonald
Liaison to Winchester - Frederick County Economic Development Commission
M. Domenic Palumbo
George Romine (EDC Coordinator)
Y `
Liaison to Sanitation Authority;
W. French Kirk v'�1
The above resolution passed unanimously.*
SITE PLANS
Site Plan #023 -82 of Stonewall Industrial Park, zoned M -1 (Light
Industry), to widen and strengthen approximately 1,100 feet of existing
roadway and to construct approximately 3,800 feet of new roadway in the
Stonewall Magisterial District.
ACTION - Approved
Mr. Horne read the background material. Mr. Horne added that
approval of this site plan should be made subject to the submission of
utility extension plans to the staff when they become available.
Mr. Horne reminded the Commission that utilities must be extended to
*Mr. Romine was not present for this vote.
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each tract before any subdivision is approved, due to a change in the
subdivision ordinance last year.
Mr. Stiles requested that a separate site plan be submitted
for utility extension.
Mr. DeHaven inquired if the roads were being built by the
State Highway Department or Mr. Gilpin.
Mr. Horne replied that the roads were being built by
Mr. Gilpin at his own expense.
Mr. Thomas Gilpin, representative for Lenoir City Company of
Virginia, came forward and introduced himself to the Commission. Mr.
Gilpin felt these roads would improve the park from both an aesthetic
and traffic standpoint. Mr. Gilpin stated that he does not have any
problem with submitting a utility extension plan.
Mr. Stiles asked if Mr. Gilpin planned on extending roads
within the park in the future.
Mr. Gilpin replied that this was his general intention and he
then pointed out the direction of the proposed roads and possible
future roads on a site plan. He also pointed out the existing utility
trunk lines.
Mr. Stiles next moved to approve Site Plan #023 -82 as
submitted and he also moved that an additional site plan be submitted
for the extension of utility services along the roadway. This motion
was seconded by Mr. DeHaven.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve Site Plan #023 -82 of Stonewall Industrial Park to widen
and strengthen approximately 1,100 feet of existing roadway and to
construct approximately 3,800 feet of new roadway in the Stonewall
Magisterial District.
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BE IT FURTHER RESOLVED, That the Stonewall Industrial Park is required
to submit an additional site plan for the extension of utility services
along the roadway.
The above resolution was unanimously passed.
INTRODUCTION OF NEW COUNTY ADMINISTRATOR
Chairman Brumback introduced John Riley, the newly appointed
County Administrator, and invited him to any future Planning Commission
meetings he wished to attend.
PUBLIC HEARINGS
Rezoning Request #009 -82 of Guy J. Oates to rezone 24,377 square feet
now zoned A -2 (Agricultural - General) to B -2 (Business - General) for a
used car dealership in the Back Creek Magisterial District.
ACTION - Approved
Mr. Guy J. Oates came forward and introduced himself to the
Commission.
Mr. Palumbo asked Mr. Oates how many cars he would have on
the property and Mr. Oates replied that he would have two dozen.
Chairman Brumback asked for anyone wishing to speak either in
favor or opposition to the request. No one came forward.
Mr. Palumbo moved to approve this rezoning and this motion
was seconded by Mr. Kirk.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve Rezoning Request #009 -82 of Guy J. Oates to rezone
24,377 square feet from A -2 (Agricultural - General) to B -2
(Business - General) for a used car dealership in the Back Creek
Magisterial District.
Conditional Use Permit #018 -82 of Jacob Puffenberger for a Public
Garage for Towing Service and Auto Repair in the Gainesboro Magisterial
District.
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ACTION - Tabled
Mr. Horne gave the background information. Mr. Horne added
that under applications for public garage in the zoning ordinance,
there are a number of conditions that have to be met in addition to
those conditons placed on the permit by the Planning Commission. Mr.
Horne then proceeded to read those zoning ordinance conditions.
Mr. Jacob Puffenberger came forward and introduced himself to
the Commission.
Mr. DeHaven asked if the applicant intended to continue
salvaging and selling auto parts and if so, how many salvage vehicles
would he have on the property.
Mr. Puffenberger replied that he would continue salvaging
vehicles and that he would have about 100 vehicles.
Mr. DeHaven felt that this type operation should be in an M -2
zone.
Chairman Brumback noted that the Commission is only
considering an application for a towing service /auto repair and not a
salvage yard.
Mr. Horne explained that Mr. Puffenberger has a valid state
permit that allows a salvage operation to be conducted on this property
since 1973. Mr. Horne added that this use has been a nonconforming
business since 1973.
Mr. Gyurisin next gave some background information on the
history of Mr. Puffenberger's operation.
Some members of the Commission expressed concern that the
existing salvage operation may be operating in violation of the code.
Members felt that a determination on the validity of the existing
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salvage operation should be made before any additional uses are
considered.
Chairman Brumback called for anyone wishing to speak in favor
or opposition to this application.
Mr. James W. Shumar came forward and stated that he owned the
property immediately west of Mr. Puffenberger's. Mr. Shumar spoke in
disfavor of the salvage operation. He said that Mr. Puffenberger's
salvage yard has mushroomed in the last several years. Mr. Shumar
noted that with regard to the garage operation, he was not terribly
concerned as long as it was conducted according to the conditions
listed on the permit.
Mr. Stiles asked Mr. Shumar if this use existed when he
purchased the adjoining property and Mr. Shumar replied that there were
some cars on most of the lots in the area, but nothing existed of this
magnitude.
Mr. Wayne Kerns next came forward and stated that he owned
and operated Wayne's Garage. He explained that he had been before the
Planning Commission several times regarding his own conditional use
permit. He stated that he had approximately 105 automobiles on his
place in 1962. Before he was considered for a conditional use permit,
he was ordered to get rid of all his cars before he could apply. He
also noted that the State would not bond him until he squared things
away with the County. He stated that if the Conditional Use Permit for
Mr. Puffenberger is approved as is, the Commission is giving Mr.
Puffenberger something they took away from him.
Mr. Myers next moved to table Conditional Use Permit #018 -82
of Jacob Puffenberger until the meeting of January 19, 1983, in order
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to allow time for the staff to determine the status of the salvage
operation. This motion was seconded by Mr. McDonald.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table Conditional Use Permit #018 -82 of Jacob Puffenberger until
the meeting of January 19, 1983, in order to allow time to determine
the status of Mr. Puffenberger's salvage operation.
The above resolution was unanimously passed.
Conditional Use Permit #019 -82 of Michael D. Hockman for a Cottage
Occupation /Ambulance Service in the Shawnee Magisterial District.
ACTION - Denied
Mr. Horne read the background material.
Chairman Brumback requested that Mr. Horne read that portion
of the zoning ordinance pertaining to cottage occupations and Mr. Horne
did so.
Mr. Horne also commented that there is more than one person
involved in the business other than members of the family living on the
premises.
Mr. Michael Hockman came forward and stated that he was half
owner of the F & F Ambulance Service. He said that the co -owner was
Michael Fultz and they were both members of the Winchester Volunteer
Rescue Squad. Mr. Hockman explained that the F & F Ambulance Service
is operated as a compliment to the Rescue Squad to provide emergency
and nonemergency transports to and from medical facilities within and
outside of the Winchester area. Mr. Hockman added that there is one
outside employee, his wife, who works full -time at this location. He
felt the business was incidental because the location is used primarily
as a residence by the tenants, Mr. and Mrs. Edward Faircroft. Mr.
Hockman further added that several outside employees are occasionally
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involved and they are members of the Winchester Volunteer Rescue Squad
who transport individuals with F & F vehicles.
In answer to Chairman Brumback's question, Mr. Hockman
replied that Edward Faircroft leases the house from his father, Mr.
Dwayne Hockman. He further explained that Mr. Faircroft works
full -time for F & F Ambulance Service.
Mr. DeHaven inquired if Mr. Hockman owned the ambulances and
Mr. Hockman replied that he owned both ambulances.
Mr. Romine asked Mr. Hockman if this operation was a private,
profit- making business and Mr. Hockman replied that it was.
Mr. Howard Sharp came forward and stated that he lived
directly across the street from F & F. Mr. Sharp stated that he has
frequently seen a third vehicle at the site, a 4 -door automobile with
the F & F Ambulance name printed on the side. Mr. Sharp inquired if
Mr. Hockman would be permitted to post a sign on the property. Mr.
Sharp also inquired if F & F could apply for commercial zoning if the
business expanded. Mr. Sharp was concerned that a commercial zone
may lessen the value of his property.
Mr. Horne stated that a sign is permitted if no condition was
placed on the operation by the Commission prohibiting one. Mr. Horne
noted that in his opinion, this business is at its maximum capacity for
consideration as a cottage occupation.
Mr. Sharp asked about the other people who frequent the
business and Mr. Horne replied that the applicant feels these people
frequent the property very seldom and, therefore, should not be
considered as actual members of the business operating at this
location.
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Chairman Brumback noted that the big difference between this
conditional use permit and others in the past is that the people who
own the business do not live where the business is actually located.
Normally, the cottage occupation is for persons who own and live in the
house.
Other members of the Commission also felt that this operation
did not conform with what a cottage occupation was set up to be.
Mr. Kirk moved to deny Conditional Use Permit #019 -82 of
Michael D. Hockman for a Cottage Occupation /Ambulance Service and this
motion was seconded by Mr. DeHaven.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby disapprove Conditional Use Permit #019 -82 of Michael D. Hockman
requesting a Cottage Occupation /Ambulance Service in the Shawnee
Magisterial District.
The above resolution passed by the following majority vote:
YES: Messrs. Romine, DeHaven, Kirk, Golladay, Brumback, Myers,
Palumbo, McDonald
NO: Mr. Stiles
Conditional Use Permit #020 -82 of Joseph C. Smith for an Off -Site
Commercial Sign approximately 15' X 15' to advertise Jumpin "J"
Restaurant in the Stonewall Magisterial District.
ACTION - Approval
Mr. Horne gave the background information.
Mr. Joseph Smith came forward and stated that he obtained
permission from Supreme Block to put the sign on their property. He
said that he would like to get the sign as close to Route 11 as
possible without blocking the bank sign. He added that he was willing
to go along with any requirements.
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Mr. Horne next read a letter from Mr. Fred L. Glaize, III,
who was in opposition to this request.
Upon motion made by Mr. Golladay, seconded by Mr. Stiles, and
passed unanimously,
BE IT RESOLVED, That the Frederick County
Planning Commission does
hereby include the letter from Mr. Fred L.
Glaize, III as a part of the
official record, as follows:
Fred L. Glaize, III
P.O. Box 2598
Winchester, Virginia 22601
January 4, 1983
Mr. John Horne, Director
Department of Planning and Development
COUNTY OF FREDERICK
P.O. Box 601
Winchester, Virginia 22601
Dear John:
The undersigned protests the conditional
use request of Joseph C. Smith
of Jumpin' J to locate a sign close to our
property, known on the tax
map as # 43000 -A00- 0000 - 0000 - 0050 -0. We
feel the sign would detract
from our property.
Very truly yours,
/s /Fred L. Glaize, III
Fred L. Glaize, III
FLG,III /sl
Mr. Stiles next moved for approval of Conditional Use Permit
#020 -82 with the conditions listed under "Staff Recommendations" and
with the addition of, "...as determined by the staff" to the third
condition. This motion was seconded by Mr. Romine.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby appprove Conditional Use Permit #020 -82 of Joseph C. Smith for a
15' X 15' off -site commercial sign advertising the Jumpin "J"
Restaurant in the Stonewall Magisterial District with the following
conditions:
1. This be a one year permit to be reviewed annually by the staff,
Planning Commission, and Board of Supervisors.
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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. Sign shall not block view from road of the adjacent bank sign or the
night depository as determined by the staff.
The above resolution was passed by the following vote:
YES: Messrs. McDonald, Palumbo, Stiles, Myers, Golladay, DeHaven,
Kirk, Romine
ABSTAIN: Mr. Brumback
DISCUSSION OF ANNUAL REPORT
Mr. Stiles asked if there had been any continuing complaints
about violations on any of the conditional use permits for 1982.
Mr. Horne replied that he had not received any complaints.
Mr. Gyurisin stated that he was in the process of doing
annual reviews on conditional use permits and if any Commission members
receive complaints, please inform the staff.
Mr. Horne stated that the staff will present the entire list
of conditional use permits to the Commission at the next meeting.
Mr. Golladay moved that the Annual Report for 1982 be made an
official part of the record and this motion was seconded by Mr. Kirk
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby include the 1982 Annual Report from John T. P. Horne as a part
of the official record. (Attached as Exhibit A)
The above resolution passed unanimously.
ADJOURNMENT
There being no further business to discuss, Mr. Golladay
moved for adjournment. This motion was seconded by Mr. Romine and
passed unanimously.
Respectfully submitted,
Frank Brufnback, Chairman
4 g 4L
n T. P. Horne, Secretary
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