HomeMy WebLinkAboutPC_04-15-81_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, 9 Court
Square, Winchester, Virginia, April 15, 1981.
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman;
James Golladay; W. French Kirk; Manuel DeHaven; A. L. Myers.
ABSENT: Kenneth Stiles; Herbert Sluder
CALL TO ORDER
The Chairman called the meeting to order. The first order of
business, the consideration of the minutes of October 1, 1980, December
17, 1980 and March 18, 1981. Regarding the minutes of October 1, 1980,
Mr. Golladay noted the following corrections:
Page 17 of Minutes; Change ZMAP 51, Circle 18, 20, 21 to
Circle 18, 19, 21.
Page 9, ZMAP 54, Parcel 195 should be ZMAP 65, Parcel 195
(vacant land on SW corner of Greenwood Road and Senseny Road).
Page 14, ZMAP 74(B) the words "circle 9" should be added to
minutes.
Page 1 of Minutes; Add Mr. DeHaven's name to those present.
Regarding the minutes of December 17, 1980, Mr. Golladay
noted that Mr. Brumback's name was missing from those listed as present
at the meeting.
Mr. Kirk noted some typographical errors on page three,
paragraph five and page 7, paragraph five of those same minutes.
Mr. Golladay also requested that Mr. DeHaven's name be added
to the list of those present at the March 18th meeting and he also
observed a typographical error on page 12, paragraph three of those
same minutes.
There being no further corrections, Mr. Golladay made a
motion that the minutes be approved as corrected. This was seconded by
Mr. Kirk and passed unanimously.
BIMONTHLY REPORT
In answer to Mr. Golladay's inquiry on a site plan pending
for Louis Brown and Associates, Mr. Riley stated that this application
was in the JIC Limited Industrial Park.
Mr. Riley commented that at this time, the issue of roads
has not been resolved. Mr. Riley further explained that the
Commonwealth Attorney's interpretation is that a site plan is required
for lands zoned industrial and therefore, must meet the requirements of
the site
1300
-2-
plan sections of the ordinance which requires that the roads be built
to state standards. Those specific construction standards must be met
before the plan can be approved.
The Chairman accepted the Bimonthly Report as information.
SUBDIVISIONS
Request for Subdivision, Fairfield Acres Subdivision, S lots, David B.
Holliday, Shawnee Magisterial District.
ACTION - Recommend Approval
Mr. Riley first gave background information.
Mr. Holliday next came forward and introduced himself to the
Commission.
Mr. Golladay next asked Mr. Holliday for an explanation of
the term "out lot" which appears on page two of the Fairfield Acres
final plat.
Mr. Holliday stated that actually there are nine lots in the
Subdivision, but because government regulations require a subdivision
containing over 8 lots to go through state and federal channels, this
lot will not officially be a part of Fairfield Subdivison.
Chairman Gordon next noted that the recommendations on this
request would be automatic situations.
Mr. Riley explained that there were no additional conditions
attached to the approval and any technical requirements could be
satisfied after approval was given by the Planning Commission and Board
of Supervisors.
In answer to Mr. Brumback's question, Mr. Holliday stated
that all the lots meet the 12,000 foot minimum for R -3 zoning.
Chairman Gordon asked for anyone in opposition.
1301
-3-
There being no one wishing to speak in favor or opposition,
Mr. Kirk moved to recommend approval of this subdivision request with
staff recommendations.
This was seconded by Mr. Brumback and passed unanimously.
DISCUSSION OF QUARTERLY REPORT; STATUS OF THE COMPREHENSIVE PLAN
Mr. Riley explained that the entire quarterly report was
compiled by the Subcommittee and has previously been presented to the
Commission. Mr. Riley noted that the report will next go to the Board
in the form of a quarterly report, so that the members of the Board can
be made aware of the work being done by the Planning Commission and
intelligently respond to citizen inquiry regarding the Plan.
Mr. Riley added that the report highlights the issues and
gives tentative recommendations as far as direction in policy
formulation are concerned. Mr. Riley further stated that the report
keeps the quality of information high and the lines of communication
open during the entire review process.
Mr. Golladay requested that each member of the Board of
Supervisors receive a copy of the report by April 17, 1981. Mr.
Golladay also recommended that each Commission member touch base with
each Board member in regard to any questions they may have concerning
the report.
Mr. Golladay further noted that the Subcommittee is presently
in the process of working on the Urban Plan section of the Report.
Mr. Brumback motioned that the Quarterly Report be presented
to the Board of Supervisors at their April 22 meeting for endorsement
and information.
This motion was seconded by Mr. Kirk and passed unanimously.
1302
-4-
PUBLIC HEARINGS
Zoning Map Amendment No. 003 -81 of Fredericktowne Company, requesting
that 1.75 acres on Rt. 647, now zoned Residential - General (R -3) be
rezoned Multi- Family Residential (R -6). a
ACTION - Tabled for 30 Days
The Secretary first gave background information.
Mr. Tom Johnson came forward and introduced himself to the
Commission and stated that he was a representative for Mr. Packard.
Mr. Johnson requested that consideration of the application be deferred
until the next meeting because Mr. Packard no longer intended to use
rental units on the property.
Mr. Johnson continued to explain that originally the property
was thought to be zoned B -1 and that they would be down grading it to
multi - family use. Mr. Johnson also added that they have re- evaluated
their ideas and want to alter the submission and have it considered at
the next meeting.
Mr. Frank Brumback made a motion to table this request until
the May 20th meeting.
The motion was seconded by Mr. Golladay and passed
unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table this request until the May 20th meeting of the Planning
Commission.
Conditional Use Permit No. 003 -81 of Joseph Geraci for a winery on
Route 627 in the Opequon Magisterial District.
ACTION - Approved with conditions
The Secretary read the background information.
Mr. Geraci came forward and introduced himself to the
Planning Commission.
1303
-5-
In regard to conditions for this permit, Mr. Golladay
suggested that under condition number six, hours of operation, it may
be best to have flexible hours of daylight operation.
Mr. Golladay added that there will be times when Mr. Geraci
must work from sunup to sundown in order to harvest grapes or to get
planting done on time.
In answer to Mr. Myers question, Mr. Riley stated that Mr.
Geraci will have only three employees because of the limited ability of
the system that exists to support any further activity.
Mr. Riley continued to explain that the employee situation is
constrained to the winery operation only.
There being no one present in favor or opposition to this
request, Mr. Golladay moved to approve Conditional Use Permit No.
003 -81 with the addition of condition number 6 "Daylight hours of
operation ".
This was seconded by Mr. Kirk and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this Conditional Use Permit No. 003 -81
with the following conditions:
1. This be a five year permit to be reviewed annually by the
staff provided all conditions placed upon the permit have
been met.
2. If the use, occupancy, or ownership of the building
changes, this conditional use permit shall expire and a
new conditional use permit will be required.
3. Off- street parking shall be provided if the use is open
to the public.
1304
4. Should this become a full time business operation, a
commercial entrance per VDH & T standards shall be
installed.
5. No more than three employees shall be employed on the
site.
6. Restricted to Daylight hours of operation.
Conditional Use Permit No. 005 -81 of Charles Strother for a home
occupation /accessary structure for used car sales and car parts sales
in the Gainesboro Magisterial District.
ACTION - Tabled
The Secretary first read the background information.
Mr. Strother came forward and introduced himself to the
Planning Commission and explained that he will not be running an
outside salvage yard, but wishes to sell a few used cars. Mr. Strother
added that he is unable to do a full days work and if he can not sell
used cars and used car parts, he will have to go on disability.
In reply to Chairman Gordon's question, Mr. Strother stated
that the building size was 36x40 and the used cars for sale would be
outside while the used car parts would be on the inside.
In answer to Mr. DeHaven's question, Mr. Strother replied
that he would have about ten cars outside with state inspection
stickers.
In reply to Chairman Gordon's question, Mr. Strother stated
that his lot is 150 foot wide with a residence on the left side and on
the right side, his neighbor is applying for a boat repair shop
permit.
Mr. Brumback expressed his view that a used car sales
operation is a commercial operation, not a home occupation.
1305
-7-
Mr. Myers suggested that the Commission might be setting a
precedent if it permits a residence to operate auto sales on the
premises.
After much discussion, it was decided that more information
was needed regarding this situation.
Mr. Brumback made a motion to table this request until the
next meeting.
This was seconded by Mr. Myers and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table this Conditional Use Permit request until the next
Planning Commission meeting.
Conditional Use Permit No. 006 -81 of Ernestine Hoover for
re- establishing a non - conforming use in the Back Creek Magisterial
District.
ACTION - Approved with conditions
The Secretary gave the background information.
Mr. Myner came forward and introduced himself to the
Commission and stated that he represented Mrs. Ernestine Hoover.
In answer to Chairman Gordon's inquiry, Mr. Myner stated that
the hours of operation would be 9:00 a.m. to 7:00 p.m., Saturday and
Sunday for the flea market and 9:00 a.m. to 7:00 p.m., Tuesday through
Saturday for the alteration shop.
Chairman Gordon next questioned if there was ample parking.
Mr. Myner replied that there was room for 15 to 18 vendors,
assuming each had one vehicle and 30 to 35 customers. Mr. Myner added
that there are three driveways, one access to Route 654 and two access
to Route 50.
1306
Chairman Gordon next requested that condition number five
read "off street - on site parking only"
There being no one in the audience in opposition to this
request, Mr. Brumback moved to approve this conditional use permit with
conditions outlined.
This was seconded by Mr. Myers and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this Conditional Use Permit No. 006 -81 of
Ernestine Hoover with the following conditions:
1 This be a one year permit, to be renewed annually by the
Planning Commission and Board of Supervisors, from the
date of final approval.
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. An as built plan will be required to show parking, sales,
and location of sanitary facilities.
4. Hours of operation will be 9:00 a.m. to 7:00 p.m.,
Saturday and Sunday for the Flea Market and 9:00 a.m. to
7:00 p.m., Tuesdav through Saturday for the Sewing
Alterations Center.
5. Off street - On site parking required.
Conditional Use Permit No. 004 -81 of Granville McCauley in the
Gainesboro Magisterial District.
ACTION - Tabled
The Secretary stated that the staff has not yet received all
of the reviewing comments on this request.
1307
Mr. Golladay made a motion to table the request until the May
6th meeting.
This was seconded by Mr. Kirk and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table this Conditional Use Permit No. 004 -81 until the May 6th
meeting of the Planning Commission.
RENEWAL OF CONDITIONAL USE PERMITS
Conditional Use Permit No. 010 -79 of David B. Grim for a home
occupation /accessory structure in the Stonewall Magisterial District.
ACTION - Approved
The Secretary read the background information.
Mr. Riley stated that the office has reviewed the
application, has received no complaints and recommends approval.
There being no one present either in favor or opposing this
renewal request, Mr. DeHaven made a motion to recommend approval of
this request to the Board of Supervisors.
This was seconded by Mr. Kirk and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this renewal of David B. Grim, Conditional
Use Permit No. 010 -79 to the Board of Supervisors.
Conditional Use Permit No. 003 -80 of Albert & Sandra Poore for an auto
repair garage in the Back Creek Magisterial District.
ACTION - Approved
The Secretary gave the background information.
Mr. Riley stated that the office has reviewed the
application, has received no complaints and recommends approval.
There being no one present either in favor or opposition to
this renewal, Mr. Brumback motioned to approve the request.
This was seconded by Mr. Golladay and passed unanimously.
1303
-10-
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this renewal of Albert & Sandra Poore,
Conditional Use Permit No. 003 -81 to the Board of Supervisors.
Conditional Use Permit No. 009 -80 of Nathaniel E. & Elizabeth C. Dovel
for a dog kennel in the Shawnee Magisterial District.
ACTION - Approved
The Secretary first gave the background information.
Mr. Riley stated that the office has reviewed the
application, has received no complaints and recommends approval.
There being no one present wishing to speak in opposition,
Mr. Kirk made a motion to recommend approval of this conditional use
permit.
This motion was seconded by Mr. DeHaven and passed
unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this renewal to the Board of Supervisors.
Conditional Use Permit No. 011 -80 of Charles W. Omps for an off - premise
sign in the Gainesboro Magisterial District.
ACTION - Approved
The Secretary read the background information.
Mr. Riley stated that the office has reviewed this renewal,
has received no complaints and recommends approval.
There being no one present wishing to speak in opposition,
Mr. Myers motioned to approve the renewal.
This was seconded by Mr. Brumback and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this renewal to the Board of Supervisors.
Conditional Use Permit No. 012 -80 of John & Linda Martin for a home
occupation /gun dealer and supplies in the Gainesboro Magisterial
District.
ACTION - Approved
1309
The Secretary first gave the background information.
Mr. Riley stated that the office has reviewed this renewal,
has received no complaints and recommends approval.
There being no one present wishing to speak in opposition,
Mr. Myers motioned to approve the renewal.
This was seconded by Mr. Brumback and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this renewal to the Board of Supervisors.
Conditional Use Permit No. 013 -80 of Doyle E. Whittington for a
non - conforming use of a major engine repair in the Gainesboro
Magisterial District.
ACTION - Approved
The Secretary read the background information.
Mr. Riley stated that the office has reviewed the
application, has received no complaints and recommends approval.
There being no one present wishing to speak in opposition,
Mr. Myers motioned to approve the renewal.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this renewal to the Board of Supervisors.
Conditional Use Permit No. 019 -80 of Richard J. Scherzinger for a home
occupation /small engine repair in the Opequon Magisterial District.
ACTION - Disapproved
The Secretary first gave the background information.
Chairman Gordon asked if there was anyone wishing to speak in
opposition to this renewal.
Mr. Marshall Adams came forward and introduced himself to the
Commission and stated that he was in opposition to the renewal. Mr.
Marshall explained that he was a neighbor and he was opposed to a small
1310
-12-
engine repair shop being located in the residential area known as the
Meadows where there is numerous houses and children.
Mr. Adams added that he feels there would be a tremendous
amount of noise.
Mr. Golladay moved to deny approval of this renewal. This
was seconded by Mr. Brumback and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend denial of this Conditional Use Permit No. 019 -80 of
Richard Scherzinger to the Board of Supervisors.
Conditional Use Permit No. 021 -80 of Naomi F. Nelson for a home
occupation /beauty shop in the Shawnee Magisterial District.
ACTION - Approved
The Secretary gave the background information.
There being no one present wishing to speak in opposition to
this renewal, Mr. Kirk motioned to approved the renewal.
This was seconded by Mr. DeHaven and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this renewal of Naomi F. Nelson,
Conditional Use Permit No. 021 -80 to the Board of Supervisors.
Ordinance Amendment - Article I, Chapter 21
An ordinance to amend the Frederick County Code, Chapter 21,
Zoning adopted July 1978, to amend Article I, by the addition of
Section 21 -7.1, Exceptions to Height Regulations
There being no one present to speak in opposition to this
ordinance amendment, Mr. Myers motioned to approve the renewal.
This was seconded by Mr. Golladay and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of this ordinance to amend the Frederick
County Code, Chapter 21, Section 21 -7.1, Exceptions to Height
Regulations as follows:
1311
-13-
All exceptions to the height regulations, in any district,
shall be approved by the Administrator. Church towers, chimneys,
flues, cooling towers, unoccupied industrial structures, cupolas,
belfries, flag poles, radio and communication towers, television
antennae and radio aerials, windmills (pumping and electrical
generation), and solar energy collectors and equipment used for the
mounting or operation of such collectors are exempt for structure
height limitations. Parapet walls may be up to four (4) feet above the
the height of the building on which the walls rest. Although exempted
from structural height limitations, these structures shall not, where
practicable, significantly impair solar access of buildings or solar
collectors, or endanger adjacent properties.
Ordinance Amendment - Article IV, Section 21 -2
An ordinance to amend the Frederick County Code, Chapter 21,
Zoning adopted July 12, 1978 to amend Article IV, Section 21 -26 by the
addition of (21).
There being no one present in opposition to this ordinance
amendment, Mr. Golladay motioned to recommend approval to the Board of
Supervisors.
This was seconded by Mr. DeBaven and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of the ordinance amendment to amend the
Frederick County Code, Chapter 21, Zoning adopted July 12, 1978 to
amend Article IV, Section 21 -26 by the addition of (21) as follows:
Section 21 -16(v) (9) - Nationally chartered fraternal lodges and civic
clubs and their related club facilities.
Section 21 -26(x) (21) Nationally chartered fraternal lodges and civic
clubs and their related club facilities.
DISCUSSION OF RENEWAL OF CONDITIONAL USE PERMITS
Mr. Riley suggested that the policy of renewing conditional
use permits be changed so that all conditional use permits are reviewed
annually, in the month of January. At that time, those permits will be
sent to the Commission for review and then referred to the Board for
action. Mr. Riley added that in doingso, readvertising of permits will
not be necessary.
1312
-14-
After some discussion, Chairman Gordon requested the staff to
establish a draft with the correct terminology for the change to
present at the next meeting.
There being no further business to come before the
Commission, Mr. Golladay moved to adjourn.
This was seconded by Mr. Brumback and passed unanimously.
Respectfully Submitted,
John R. Riley, Se reta y
C. La don Gordon, Chairman
1313