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HomeMy WebLinkAboutPC_05-04-83_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on May 4, 1983. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; Kenneth Y. Stiles; A. Lynn Myers; Manuel C. DeHaven; W. French Kirk; M. Domenic Palumbo; George L. Romine CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. i The first order of business was the consideration of the minutes of April 20, 1983. Col. Myers noted a typographical error on page five and then moved to approve the minutes as corrected. This motion was seconded by Mr. Kirk and passed unanimously.* *Mr. Stiles was not present for this vote. BIMONTHLY REPORT The Commission instructed the staff to write a letter to Mr. Zeiger giving him 60 days to act on his rezoning or the application will be dropped. SITE PLANS Amended Site Plan #012 -80 of Timberline Stoves /VANSCO Industries, zoned M -1 (Industrial, Limited), for the addition of approximately 13,400 square feet of warehouse space. ACTION - Approved Mr. Horne read the background material. Mr. Gary Van Sickler, owner, came forward and introduced himself to the Commission. Mr. Van Sickler stated that since he started construction of his building, new ordinances and restrictions have come into effect and placed on his building which have not been required of any of the other buildings in the industrial park. Mr. Van Sickler was concerned about the Inspections Department's comment on the 1735 -2- need for a fire hydrant within 500 feet of the building. Mr. Van Sickler stated that the Inspections Department required him to place a fire suppression system in his building upon construction which he did, but there was no mention of a fire hydrant at that time. Mr. Van Sickler said that he did install a fire alarm and burglar alarm system with heat detectors. He also commented that he installed over 300 feet of 8" water line to his property. With regard to the Department of Planning and Development's comments on paving, Mr. Van Sickler did not want to pave the entrance area at this time, but felt he would do so in the future along with the loading docks. Mr. Van Sickler stated that only one of the industrial buildings in the park has paved parking areas. Mr. Horne explained that the paved parking requirements were put in the ordinance on April 14, 1980. The Commission next discussed the paving requirements on Mr. Van Sickler's site. They also discussed the Inspections Department's recommendation that a fire hydrant be placed within 500 feet of the building. Mr. Stiles moved to approve the site plan with paving as required by the ordinance and with the present fire hydrant, located within 600 feet of the building, being acceptable. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve of amended Site Plan #012 -80 of Timberline Stoves /VANSCO Industries, zoned M -1 (Industrial, Limited), in the Stonewall Magisterial District for the addition of approximately 13,400 square feet of warehouse space with paving as required by the Frederick County Zoning Ordinance and requiring only the existing fire hydrant, located within 600 feet of the building. 1736 -3- The above resolution passed unanimously. Site Plan #006 -83 of Frederick Mall /High's Store, zoned B -2 (Business, General), for the addition of gas pumping facilities to the existing High's Store. ACTION - Approved Mr. Horne read the background material. Mr. Bruce Edens, representative for the owners, came forward and introduced himself to the Commission. Mr. McDonald asked if extra lighting would be added and Mr. Edens felt the present lighting was adequate. Mr. McDonald also asked how far the pumps were from the store and Mr. Edens replied 50 feet. Col. Myers observed that the gas pumps were not visible from the inside of the store. Mr. Edens stated that the owners are aware of the problem and plan to install a remote television camera. Col. Myers next moved for approval and this was seconded by Mr. McDonald and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve of Site Plan #006 -83 of Frederick Mall /High's Store, zoned B -2 (Business, General), in the Gainesboro Magisterial District for the addition of gas pumping facilities to the existing High's Store. Cadwallader Subdivision Request, zoned R -3 (Residential, General), in the Opequon Magisterial District to subdivide three single family detached residential building lots. ACTION - Approved Mr. Horne read the background material. 1737 -4- Mr. Bruce Edens and Mr. Paul Cadwallader came forward. Mr. Edens stated that if the lots are sold, two houses will be built. A house already exists on Lot C. Mr. Golladay moved for approval and this was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Cadwallader Subdivision, zoned R -3 (Residential, General), to subdivide three single family detached residential building lots in the Opequon Magisterial District. PUBLIC HEARINGS Rezoning Request #006 -83 of Shenandoah Computer Systems, Inc. to rezone approximately 7 acres, now zoned A -2 (Agricultural, General) to B -2 (Business, General), in the Stonewall Magisterial District. ACTION - Approved Mr. Horne gave the background information. Mr. Maurice Smallwood, president, came forward and introduced himself to the Commission. In response to the Planning and Zoning comments read by Mr. Horne, Mr. Smallwood felt the traffic on Welltown Pike was not heavy and he felt that the proposed convenience store and computer business were not the types of business that generate a lot of traffic. With regard to creating a negative aesthetic impact in a residential neighborhood, Mr. Smallwood felt that one already existed on the property because the property is right up against Route 81. He stated that there is a lot of noise on the property because of Route 81 and this made it unsuitable for residential development. Mr. Smallwood felt the drainage problem was created with the construction of Route 81. Mr. Golladay asked if this computer business was one in which people left books and then picked them up later, such as for payroll. 1738 -5- Mr. Smallwood confirmed this and stated that he anticipates 10 -15 people three days a week and five people per day the remainder of the week. He also stated that he will have seven employees. In reply to Mr. DeHaven's question, the store will resemble a 7 -11 Store and will be a neighborhood type store. Chairman Brumback called for anyone wishing to speak in favor or opposition to this request and Mr. James Parsons, adjoining property owner, came forward. Mr. Parsons stated that almost all the water draining from the property in question goes through his back yard. He said that the land takes water very well now, but if that property is asphalted and buildings are constructed, he probably will have a drainage problem. Mr. Stiles said that Mr. Smallwood will probably need some type of drainage control on the front corner of his property so that the rate of run -off does not exceed the current run -off rate. Mr. Stiles felt that any controls made on Mr. Smallwood's property would probably improve the drainage situation on Mr. Parsons' property. Mr. Smallwood stated that he would be happy to work with Mr. Parsons on the drainage. After some further discussion on the drainage, Mr. Stiles moved for approval. This motion was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #006 -83 of Shenandoah Computer Systems, Inc. to rezone approximately 7 acres from A -2 (Agricultural, General) to B -2 (Business, General) in the Stonewall Magisterial District for a convenience grocery store and the Shenandoah Computer Systems, Inc. 1739 Rezoning Request #007 -83 of Dennis L. Ridings to rezone 3.89 acres from A -2 (Agricultural, General) to M -1 (Industrial, Limited) in the Opequon Magisterial District. ACTION - Tabled Since Health Department comments have not yet been received on this application, Mr. Golladay moved to table the request until the meeting of May 18, 1983. This motion was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Request #007 -83 of Dennis L. Ridings until the meeting of May 18, 1983, due to lack of Health Department comments. Conditional Use Permit #004 -83 of Marvin 0. Hoffman for a Cottage Occupation /Saw Sharpening Shop in the Stonewall Magisterial District. ACTION - Approved Mr. Horne read the background material. Mr. Gyurisin read a letter addressed to Mr. Horne from John and Daisy Peacemaker regarding the Hoffman conditional use permit. Upon motion 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 John and Daisy Peacemaker as part of the official record as follows: Sunnyside Station Winchester, VA 22601 April 28, 1983 Dear Mr. Horne, In response to your letter of April 20 concerning the application of Marvin Hoffman for a permit for a saw sharpening shop. Our property fronts the Hoffman property, we do not want our property front and driveway blocked by parked vehicles from his shop. This is, a very poor location for any business, (drive 721) Purcell Drive is a 1740 -7- dead end street. Most of the driveways have signs posted "No Turning ". There is no place to turn around; people have to back out. The Sheriff's Department says it is against the law for people backing out. We had a repair shop on this drive and it was a nuisance. People's driveways were blocked and the road was blocked much of the time. There was a fire and Mr. Haines from Sara Zane Fire Co. said they couldn't get the fire truck up to the house for the cars in the way. For four years now the people on this drive have had to put up with a neighbor on the lower end of the drive buying used cars and trucks and resells using the road for a used car lot. The road is blocked there much of the time. Just last week one of the neighbors down there said he was getting up a petition as he couldn't get out. Many of the neighbors who live on this drive have to park their cars in the road as they have no driveway. Some of the lots are so small there just isn't room. This makes the road one way in some places. We suggest that Hoffman make his own parking lot on his property; he has an extra lot that is empty. That way he can have his business and it won't interfere with his neighbors. Yours respectfully, /s /John and Daisy Peacemaker John and Daisy Peacemaker Mr. Marvin Hoffman came forward. Mr. Hoffman stated that his 82 foot driveway is large enough for people to park on his own property. Mr. Kirk inquired if Mr. Hoffman lived on a dead end street and Mr. Hoffman replied that he did. 1741 om Mr. Stiles moved for approval with the conditions recommended by the staff. This motion was seconded by Col. Myers and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve of Conditional Use Permit #004 -83 of Marvin Hoffman for a Cottage Occupation /Saw Sharpening Shop in the Stonewall Magisterial District with the following conditions: 1. This will 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 outside storage. 4. On site parking to be provided. Conditional Use Permit #005 -83 of Michael D. Hockman for an ambulance service in the Shawnee Magisterial District. ACTION - Approved Mr. Gyurisin read the background material. He next read a letter addressed to Mr. John Horne from Howard F. and Catherine S. Sharp. Upon motion by Mr. Stiles, seconded by Mr. Golladay and passed unanimously, BE IT RESOLVED, That the Frederick County Planning Commission does hereby include as part of the official record, the letter from Mr. and Mrs. Sharp, as follows: May 4, 1983 Mr. John T. P. Horne, Director Frederick County Department of Planning and Development P. O. Box 601 Winchester, Virginia 22601 Dear Mr. Horne: 1742 CRE We hereby request that this formal protest be included and read aloud with any discussion involving the possible issuance of a Conditional Use Permit for F & F Ambulance Service to operate on Route 522 south of Winchester, Virginia. We are vehemently opposed to the issue of this permit for the following reasons: 1. Allowing F & F Ambulance Service to use the property directly across from our property will have a definite detrimental effect on the value of our residential property. 2. The County has just recently held several emotion - packed meetings that directly involve the County's finances and tax base. The Board of Supervisors has repeatedly stated that the County is in dire financial straits and the budget has been stretched to or beyond its limits. THE MONEY TO RUN THIS COUNTY COMES FROM ITS TAXPAYERS!! AS LONG AS THE BOARD OF SUPERVISORS DEEMS IT NECESSARY TO CUT MONEY FROM EDUCATION AND SERIOUSLY DISCUSS RAISING THE TAX RATE NEXT YEAR (THIS BEING AN ELECTION YEAR), we cannot see how the Planning Commission and the Board of Supervisors can in good conscience allow a company of this magnitude to operate in any area other than one zoned for commercial use and thereby CONTRIBUTE ITS FAIR SHARE OF TAXES JUST AS ANY OTHER FULLY COMMERCIAL ENTERPRISE! 3. F & F Ambulance Service is a FOR PROFIT enterprise and we feel that it should be located in a business zone and taxed as such. 4. I have been told in a telephone conversation with Mr. Hockman that the major reason for using this location was to avoid a total rezoning AND TAXES FOR SUCH. Mr. Hockman DOES NOT LIVE IN FREDERICK COUNTY. Therefore, we feel it is not fair to the citizens of Frederick County for these taxes to be avoided as long as he intends to operate a business in this county. If this were Mr. Hockman's primary source of providing a livelihood for himself and his family (which it is NOT), we would perhaps be more sympathetic. However, since it is not his primary source of income we do not feel that we should be asked to bear the risk of the devaluation of our property in favor of his SECONDARY business. In closing, we would like to state that we are not opposed to the operation of F & F Ambulance Service in Frederick County, but we 1743 -10- definitely believe that this business should be conducted within a business zone. We thank the Planning Commission for allowing this letter to be read aloud and entered into the record. Sincerely, /s /Howard F. Sharp /s /Catherine S. Sharp Howard F. Sharp Catherine S. Sharp Rt. 1, Box 147 Winchester, Virginia 22601 cc Mr. French Kirk Mr. Dave Smith Mr. Michael Hockman, applicant, came forward. Mr. Hockman stated that the vehicles will no longer be kept on this site because of the need to have them located at a site more central to the rescue squad. Also, it is more advantageous to have them located at a service station where they can be maintained and filled with gas nightly. Mr. Stiles inquired of Mr. Hockman if he anticipated the need for a sign. Mr. Hockman replied that he would not need a sign. Mr. Palumbo inquired about employees. Mr. Hockman stated that the residents of the house are part -time employees and his wife, who does not live there, is a full time employee. The drivers of the ambulances will not come to this location. Chairman Brumback asked for anyone wishing to speak in favor or opposition to this request and no one came forward. Mr. Stiles moved to amend Condition #3 under staff recommendations to read, "No outside storage of rescue vehicles" and Condition #5 to read, "No signs permitted on the property." This 1744 - 1 1 - motion was seconded by Mr. Kirk and passed by the following majority vote: YES: Messrs. Romine, Kirk, DeHaven, Brumback, Myers, Stiles, Palumbo, McDonald NO: Mr. Golladay Upon motion by Mr. Kirk, seconded by Mr. Stiles, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #005 -83 of Michael D. Hockman for an ambulance service in the Shawnee Magisterial District with the following conditions: 1. This will 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 outside storage of rescue vehicles. 4. On site parking to be provided. 5. No signs permitted on the property. The above resolution passed by the following majority vote: YES: Messrs. Romine, Kirk, DeHaven, Stiles, McDonald, Palumbo NO: Messrs. Golladay, Myers, Brumback Conditional Use Permit #006 -83 of Craig D. and Seri K. Kern for a boarding kennel in the Gainesboro Magisterial District. ACTION - Approved Mr. Gyurisin read the background material. Mr. and Mrs. Kern came forward. Mr. McDonald asked how much sound the stockade fence would retain. 1745 -12- Mrs. Kern stated that the fence would not retain sound; its function is to keep the dogs from seeing anything to bark at and also to hide the kennel. Mr. Romine asked how close the nearest neighbors were and Mr. Kern replied that they were roughly 200 feet away from the kennel. There being no one present wishing to speak in opposition to this conditional use permit, Col. Myers moved to approve the application with the conditions listed. This motion was seconded by Mr. Palumbo and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #006 -83 of Craig D. and Seri K. Kern for a boarding kennel in the Gainesboro Magisterial District with the following conditions: 1. This will 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. On site parking to be provided. 4. Fencing, as shown on attached drawing, must be provided. DISCUSSION ON FEDERAL FUNDING FOR REGIONAL WASTE WATER TREATMENT FACILITY Mr. Stiles stated that the State Water Control Board intends to recommend that the funding for the Regional Waste Water Treatment Facility be delayed for one year. Instead of the funding code beginning in FY 83 -84, it would commence in FY 84 -85. Mr. Stiles explained that the effect of this, because of changes in federal law, would be to reduce the share of federal funding from 758 to 558 and this would add four to five million dollars to the amount the County intended to pay. Mr. Stiles said that a public hearing is scheduled in 1746 -13- Richmond on May 19 to consider their funding schedule and requested that the Planning Commission and groups such as the Economic Development Commission, Industrial Development Authority, and Industrial Development Corporation make known their concerns and requests for funding from the 83 -84 schedule. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, Yfank Brumback Chairman (; Z' l o n T. P. Horne S cretary 1747