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HomeMy WebLinkAboutPC_07-15-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Meeting Room, July 15, 1981. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; A. L. Myers; James Golladay; Manuel DeHaven; W. French Kirk; George Romine; Domenic Palumbo; Kenneth Stiles *; Herbert Sluder * Mr. Stiles was present only for Westvaco. CALL TO ORDER The Chairman called the meeting to order. The first order of business, consideration of the minutes of July 1, 1981. Mr. Riley noted that on page two, second paragraph, should be Perry Engineering instead of S. M. Perry. Mr. Myers next pointed out that on page five, Quarter H Proposal should be changed to Corridor H Proposal. There being no further corrections to the minutes, Mr. Golladay moved to approve the July 1, 1981 minutes as corrected. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT Chairman Gordon accepted the Bimonthly Report as information only. SITE PLANS Site Plan Request No. 011 -81 of All- Points Warehousing, zoned M -1 (Light - Industrial) in the Stonewall Magisterial District. ACTION - Approved The Secretary gave the background information. In answer to Mr. Brumback's question, Mr. Riley stated that a blanket variance was given on all lots in the park of 35 feet. 1368 -2- Mr. Thomas Baker, developer and owner of the project, came forward and introduced himself to the Commission. Mr. Golladay expressed the concern of the Commission about the overabundance of stone and gravel areas and the situation of water runoff in later years. Mr. Baker replied that the water drains from left to right on this property and there is a natural drainage ditch located to the right. In answer to Chairman Gordon's question, Mr. Baker stated that the total area of the lot is three acres. There being no one else present wishing to speak in favor or opposition to this request, Mr. DeHaven motioned to approve this site plan request. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby approve Site Plan Request No. 011 -81 of All- Points Warehousing as presented. SUBDIVISIONS Third Battle Subdivision Request of J. P. Darlington, zoned R -6 (Multi - Family) and consisting of 64 lots in the Stonewall Magisterial District. At this point in the meeting, Chairman Gordon relinquished the chair to Mr. Brumback. ACTION - Approved The Secretary gave the background information. Mr. Ronald Ward came forward and stated that he represented Mr. J. P. Darlington in this subdivision request. 1369 -3- In answer to Mr. DeHaven's question, Mr. Ward stated that the lot sizes are small because the lots are designed for duplex units and are restricted to the square footage of a house. The lots will be listed as lots lA and 1B and the communal property line would be the party wall between the duplex. Mr. Ward continued that originally they wanted small, single family lots but the zoning ordinance could not accomodate their needs. With the duplex units, they could get the higher density and still maintain the single family air. Answering Mr. Brumback's question, Mr. Ward stated that the units are for sale but there is a possibility that a person could buy the entire building and rent one half. Mr. Ward further explained that construction will probably not be commenced this summer. In answer to Mr. Palumbo's question, Mr. Ward replied that the square footage of land will restrict the square footage of the duplex. Mr. Ward stated that he believed the duplex footage was 14% of the ratio of the land. The units will be two and three bedrooms. There being no one wishing to speak further, Mr. DeHaven made a motion for approval. This was seconded by Mr. Romine and the vote was as follows: YES: Messrs. Brumback, Myers, Golladay, DeHaven, Kirk, Romine, Palumbo ABSTAIN: Mr. Gordon At this point in the meeting, Mr. Gordon resumed as chairperson. Discussion of Section 18 -2( --------------- - - - -- Amendment, Chapter 18, Subdivision, Article I 1370 -4- Mr. Riley explained that this amendment applies only to the division of land into lots or parcels of land five acres or greater, zoned agricultural. He further explained that currently, large lot subdivision exemptions apply to land zoned agricultural, commercial, industrial, and residential. The Commission was in agreement that the staff should proceed with the advertising on this section. Discussion of Ordinance Amendment III, Section 18 -30 18, Subdivision, Article Chairman Gordon noted that this amendment's purpose is to induce the marketing and selling of land where water and sewer is currently available. Chairman Gordon further noted that if the service is available, the developer should use it and in cases where the service is not available, this would not apply. Mr. Riley stated that for a standard residential subdivision, the developer applies for approval on a section by section basis and he must service water and sewer to all the lots in a section before he can sell any or get final approval. As far as an industrial park, the road, sewer and water would go in at the same time. Mr. Riley noted a that the developer will not get subdivision approval until water and sewer are extended to the lots. The Commission was in agreement that the staff should proceed with the advertising on this section. REZONINGS Rezoning Petition No. 007 -81 of Westvaco Corporation, zoned M -1 (Industrial - Limited) to be rezoned to M -2 (Industrial - General), consisting of 25.184 acres in the Stonewall Magisterial District. 1371 -5- ACTION - Withdrawn The Secretary gave the background information Mr. Riley stated that it is 750 feet from the proposed chipper to Route 11, 600 feet from the chipper to Route 668 and roughly 490 feet from the chipper to the railroad at the rear of the property. Mr. Golladay next commented on the visit to Westvaco's chipping operation in Hampton, South Carolina. Mr. Golladay noted that there was no noise 500 feet back from the site, there was very little dirt and the area was well kept except for the log piles. Mr. Golladay further noted that even though this operation is not exactly identical to the one proposed for this area, it gave a good enough impression to relate to. Mr. DeHaven next gave his impressions. He stated that he was very suprised at the low noise level and except for the storage of wood he thought it was a clean operation Mr. DeHaven further noted that there was very little dust. Mr. Stiles commented that he felt the Commission was facing two issues that needed to be separated. One is the rezoning of the land to M -2 and the second issue is of the operation itself. Mr. Stiles further commented that the operation was far less objectionable than most of the sawmills currently in Frederick County. He stated that the noise level was not as loud as a silo blower on a farm and at 750 feet, which is the distance to the highway, you would not even hear the chipper. Mrs. May, a resident near the proposed operation who also visited Westvaco's chipping operation in Hampton, came forward and introduced herself to the Commission. Mrs. May stated that the operation was cleaner and not as noisy as she had anticipated. 1372 ME Mr. Riley also commented about the low level intensity of the operation and the minimal amount of noise. Mr. M. J. Vorbauch, District Manager of Wood Procurement for the Luke Mill, Westvaco, came forward and introduced himself to the Commission. Mr. Vorbach stated that two years ago, Winchester was selected as a strategic location. The reason being that all wood funnels through the Winchester area. Westvaco checked with the Health Department and Planning Commission and, at that time, they were in compliance with what was allowed in an M -1 zone. Mr. Vorbauch continued, stating that upon that premise, Westvaco launched into the purchase of the site and made plans for construction. It took until this time to get started, Mr. Vorbauch commented, because Westvaco was involved with a project of greater magnitude and we had to wait our turn. Mr. Vorbauch noted that a considerable amount of time and money was spent; and they were quite suprised, when they were ready to begin, that the text for the M -1 had changed and their operation was not allowed. Mr. Vorbauch felt that this operation would not detract from the values of the land or be objectionable to adjoining landowners. He also stated that the economic impact will be considerable. Mr. Vorbauch briefly explained the operation, stating that the wood is currently passing through Winchester along Route 50 or Interstate 81 on its way to the Luke, Maryland, site. Westvaco is faced with a situation at the mill where they cannot produce all the chips needed to run their operation and they plan to augment what is going on at the mill. This would entail the debarking and chipping of the wood and then transferring it to the mill. There will not be a large volume of wood inventory and the housekeeping will be first rate. Mr. Vorbauch further commented that they would like to keep the operation at a daylight, five day a week operation. 1373 -7- Mr. Brumback next questioned Westvaco's ultimate goal for the site in regard to their expansion table. Mr. Vorbauch replied that they plan to process 20 truck loads of wood per day. He further explained that the same trucks that bring the wood in cannot be used to haul the chips away. This is because the chips will be blown in enclosed vans. Mr. Brumback stated that was approximately 80 to 100 trips per day maximum and that was pretty much a shuttle operation. In answer to Mr. Palumbo's question, Mr. Vorbauch replied that Westvaco owns 25 acres but they will be using 5 acres for this operation and they have no plans for the remaining acres at this time. Mr. L. D. Peterson of the Wood Procurement Department came forward and introduced himself to the Commission. In reply to Mr. Stiles' question, Mr. Peterson stated that he plans to increase the capacity of chipping at the Luke mill because it is much more efficient to chip at the mill. Mr. Peterson said that Westvaco does not want to be in the chip business and would probably abandon the operation in the future. To further answer Mr. Stiles' question, Mr. Peterson stated that they probably would not sell the property after the Clearbrook operation ceases, but hold on to it. Mr. Samuel Lehman next inquired of the people who visited the Hampton site if there was any odor. It was stated that there was none. Mr. Lehman next presented a list of sound levels from the President's Council on environmental quality. 1374 Seventy -eight decibles (100' from chipper) was equivalent to the sound level of an urban, high density apartment. Mr. Lehman commented that this was probably not an unreasonable sound level. Sixty -nine decibles (500' from chipper) was equivalent to an urban road row housing on a major avenue. Fifty -five decibles (750' from chipper) was equivalent to an old urban residential area or wooded residential area. Mr. Golladay next commented that at the operation visited, the chipper was inside an uninsulated steel building and if insulation was added, the noise level would probably be even less. Mrs. May next Caine forward and expressed her opposition to the rezoning. Mrs. May presented a statement and petition from the residents of Route 11 North. Mr. Stiles moved to make the petition a part of the minutes. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby incorporate into the minutes the petition of Mrs. May and residents of Route 11 North who are in opposition to the rezoning, as follows: Mr. President and Members of the Board: It was my good fortune to be included in the group who recently visited the Westvaco plant in Hampton, S.C., a trip financed by that company. At the risk of sounding very ungrateful, I feel that, in good faith, I must voice my opposition to their plan to locate in our area. I sincerely believe this opposition is a reflection of the general feeling of the entire community. in support of this, I submit a petition which bears the signatures of practically every tax - paying resident of the area concerned, residents of Route 11 North who feel the rezoning of this particular parcel of land to M2 would have an 1375 adverse effect on their lives. These are people who have chosen the area. Many are retired folk who do not adjust readily, nor easily, to environmental changes and who see this proposed rezoning as a real threat to their way of life. It is certainly true that such a change in zoning might well act as a Pandora's box which would destroy the residential character of the neighborhood. To open the area to a X12 zoning would be an invitation to industries of any sort creating just the opposite of what the taxpayers of this area sought. Route 11 North is now a well - landscaped, well kept area and is one of the nicer approaches to Winchester -we would 'keep it so. We cannot but realize the grave danger a M2 zoning presents to an area. We all know that industrialization invariably leads to greater pollution, additional noise, increased heavy traffic, a depreciation of property values and the opportunity for crime. Although Westvaco has promised to protect the landscape and to provide noise barriers in the form of a fence, and trees, we all know that trees to not become tall trees overnight. Furthermore, it is very dubious that any other industry coming into this area, if rezoned M2, could, or would, be bound by any such consideration. While we appreciate the fact that Westvaco offers work for a few people - possibly for three and not more than ten, we cannot welcome an industry that offers so little at the expense of an already well - established community. We trust you will consider our petition and vote nay on Westvaco's application for rezoning of this particular parcel of land. Thank you. 1376 -10- To the Frederick County Planning Commission We, the undersigned taxpayers of the Stonewall District of Frederick County, respectfully request the Frederick County Planning Commission to accept this petition as our voice of objection to the rezoning to M2 of the parcel of land designated as 105 on zoning map 33 of the Stonewall District, as applied for by the West Virginia Pulp & Paper Co. We firmly believe a change in zoning to M2 would constitute a nuisance and be very detrimental to the peace and quiet of what is now a pleasant, residential area. Heavy traffic on our portion of Route 11 would be substantially increased, and we believe an M2 zoning would have an adverse effect on the value of our homes. We recognize both the cost and hard work of the Planning Committee on the most recent rezoning of our County and would resent any ignoring of their recommendations by a negation of their efforts. We desire to have this particular parcel of land remain in the M1 category of zoning, as determined by the Planning Committee. /s/ L. J. McCormach, Pres. Reimers Electra Steam L. J. McCormach /s/ Betty M. Payne, Rt_. 1, Box 167, Clearbrook, VA Betty M. Payne /s/ Marion 0. Payne, Sr., Rt. 1, Box 167, Clearbrook, VA Marion 0. Payne, Sr. /s/ Mr. & Mrs. Glen E. Russell, Rt. 1, Box 97A, Clearbrook, VA Mr. & Mrs. Glen E. Russell /s/ Mr. & Mrs. Ronald A. Rhodes, Rt. 1, Box 120, Clearbrook, VA Mr. & Mrs. Ronald A. Rhodes /s/ Mr. & Mrs. William B. Daugherty, Route 1, Box 169, Clearbrook, VA Mr. & Mrs. William B. Daugherty /s/ Mr. & Mrs. Junior A. Lerribe, Rt. 1, Box 144, Clearbrook, VA Mr. & Mrs. Junior A. Lerribe 1377 Mr. & Mrs. Raymond Mac Millan, Rt. 1, Clearbrook, VA Mr. & Mrs. Ravmond Mac Millan /s/ Mr. & Mrs. Charles A. Stine, Rt. 1, Box 109, Clearbrook, VA Mr. & Mrs. Charles A. Stine /s/ Mrs. Terry DeSchon, Rt. 1, Box 75, Clearbrook, VA Mrs. Terry DeSchon /s/ Mr. & Mrs. Charles A. Cooke, Rt. 1, Box 157, Clearbrook, VA Mr. & Mrs. Charles A. Cooke /s/ Mr. & Mrs. Merle Swartz, Rt. 1, Clearbrook, VA Mr. & Mrs. Merle Swartz /s/ Mr. Thomas Scott Snapp, Rt. 1, Box 152, Clearbrook, VA Mr. Thomas Scott Snapp /s/ Mr. & Mrs. Eddie Allanson, Rt. 1, Box 153, Clearbrook, VA Mr. & Mrs. Eddie Allanson /s/ Mr. & Mrs. Fred Kitts, Clearbrook, VA Mr. & Mrs. Fred Kitts /s/ Hedge Roomers, Clearbrook, VA Hedge Roomers /s/ Mrs. Hedge Roomers, Clearbrook, VA Mrs. Hedge Roomers /s/ Mr. & Mrs. Elwood Ruble, Clearbrook, VA Mr. & Mrs. Elwood Ruble Mr. & Mrs. Raymond C. May, Box 168, Clearbrook, VA Mr. & Mrs. Raymond C. May /s/ Mr. & Mrs. J. A. Kapp, Jr., Box 183 -A, Clearbrook VA Mr. & Mrs. J. A. Kapp, Jr. /s/ Roy R. Boyer, Clearbrook, VA Roy R. Boyer /s/ Mr. & Mrs. James Hodson, Rt. 1, Box 180, Clearbrook, VA Mr. & Mrs. James Hodson /s/ Mr. & Mrs. James Byers, Rt. 1, Box 179A, Clearbrook, VA Mr. & Mrs. James Byers /s/ Mr. & Mrs. Alan D. Devers, Rt. 1, Box 183, Clearbrook, VA Mr. & Mrs. Alan D. Devers /s/ Roland W. Hockman, Rt. 1, Box 181, Clearbrook, VA Roland W. Hockman 1378 -12- /s/ Alda Brannon, Rt. 1, Box 166, Clearbrook, VA Alda Brannon /s/ Mrs. B. R. Place, Rt. 1, Box 279, Clearbrook, VA Mrs. B. R. Place /s/ Mrs. W. H. Malone, Rt. 1, Box 161, Clearbrook, VA Mrs. W. H. Malone /s/ Mrs. D. A. McCarmack, Y.O. Box 37, Clearbrook, VA Mrs. D. A. McCarmack /s/ Donald Cline, Rt. 1, Box 177, Clearbrook, VA Donald Cline / s/ Judy Russell, Rt. 1, Box 97A, Clearbrook, VA Judy Russell /s/ Teri Poling, Rt. 1, Bo 9 7A, Clearbrook, VA Teri Poling /s/ H. B. Cline Jr., Clearbrook, VA H. B. Cline Jr. /s/ Mrs. C. G. Romine, Box 177A, Rt. 1, Clearbrook, VA Mrs. C. G. Romine /s/ C. G. Romine, Clearbrook, VA C. G. Romine /s/ Mrs. Ruby Cleveland, Clearbrook, VA Mrs. Ruby Cleveland /s/ Ervin S. Cleveland, Clearbrook, VA Ervin S. Cleveland /s/ Mrs. Lewis Williams, Clearbrook, VA Mrs. Lewis Williams /s/ Mr. Lewis Williams, Clearbrook, VA Mr. Lewis Williams /s/ Mr. George Shepard, Clearbrook, VA Mr. George Shepard /s/ Mrs. George Shepard, Clearbrook, VA Mrs. George Shepard /s/ Annie Scrivener, Clearbrook, VA Annie Scrivener /s/ Carolyn Hartley, Clearbrook, VA Carolyn Hartley 1379 -13- Dallas R. Hartley, Jr., Clearbrook, VA Dallas R. Hartley, Jr. /s/ Christel Ellis, Clearbrook, VA Christel Ellis /s/ Stewart G. Ellis, Clearbrook, VA Stewart G. Ellis /s/ Lloyd G. Elsea, Clearbrook, VA Lloyd G. Elsea /s/ Givendalyn E. Elsea, Clearbrook, VA Givendalyn E. Elsea Mr. Charles Boyd of Stonewall District came forward and introduced himself to the Commission. Mr. Boyd stated that one of his chief concerns was whether the residents near the Hampton chipper were annoyed by the operation and what they thought about it. It was stated that no residents were questioned. Mr. Boyd next expressed his concern for the chipping of hard woods, which makes a difference in noise level. Mr. DeHaven explained that hard woods were being chipped while they were present at the Hampton site. Mr. DeHaven further explained that the trees used were 18 to 20 inches across the stump and 30 foot long. Mr. Boyd next questioned about any waste produced and Mr. DeHaven stated that there was no waste and everything was shipped away. Chairman Gordon next asked Mr. Boyd if his opposition was to the rezoning more so than the industry itself. Mr. Boyd replied in the affirmative. Ms. Judith Russell came forward, introduced herself to the Commission, and expressed her opposition. Ms. Russell stated that she and her husband are accustomed to peace and quiet and are concerned about the noise of cutting wood and trucks coming and going. Ms. 1380 -14- Russell was concerned that her property value would aecrease and also questioned Westvaco's intentions for the rest of the acreage they own. Ms. Russell further questioned the water run off and was concerned that it would run into her spring. Mr. C. G. Romine next came forward, introduced himself to the Commission and stated that he was opposed to the rezoning and the chipper. Mr. Romine stated that he wouldn't like to see the area industrialized to this extent. Mr. Romine noted that he is using a spring and has a fresh water pond for livestock and he is afraid it might be in the line of runoff. Mr. Glen Russell came forward and introduced himself to the Commission. He stated that he did not want the area rezoned to M -2. Mr. Russell stated that he was concerned about the noise, the runoff and the dust problem. Mr. Donald Cline, Stonewall District, came forward and introduced himself to the Commission. Mr. Cline commented that he is not opposed to the zoning change to M -2 but he is not in favor of the chipper. Mr. Cline stated he is concerned about the noise from the chipper and trucks, the runoff, and the hours of operation. Mr. Cline further stated that the road should be blacktopped to cut down on the dust. He was also concerned about any rodents that may be brought in or attracted to the area. Mr. Vorbauch came forward again to answer the concerns expressed. Mr. Vorbauch explained that Mr. Cline's property runs off onto Westvaco's property and not visa versa. Mr. Vorbauch added that the increase in truck traffic is not the result of Westvaco's because 1381 -15- they haven't started anything yet. There will be no sawdust as a result of the.process of taking the bark off green wood down to the cambium. This debarker could not be heard 150 to 200 feet away. Mr. Vorbauch continued, stating that there are many ways to cut down on the noise that they could employ, such as insulation and lead coated plastics. Mr. Vorbauch next stated that their intent is to use only the five acres and they intend to plant trees around the site. He also stated that the area is flat and not sloping and he doesn't see an erosion problem developing. In answer to Mr. DeHaven's question, Mr. Vorbauch stated that everything will be electric except the unloader which takes logs off the truck and this is diesel powered. Mr. Stiles next read a list of the industries which are currently allowed in an M -1 zone and then read a list of all industries allowed in an M -2 zone. It was decided among the members of the Planning Commission that Westvaco Corporation could be accomodated under the M -1 zoning by changing the ordinance. Mr. Vorbauch next requested that the rezoning petition of Westvaco Corp. from M -1 to M -2 be withdrawn. Mr. DeHaven motioned to accept withdrawal of rezoning request No. 007 -81 of Westvaco Corporation. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby accept the withdrawal of rezoning request No. 007 -81 of Westvaco Corporation. Mr. Stiles next requested that the proposed amendment change be included in the Worksession Agenda for July 28th at 7:00 p.m. The 1382 -16- amended change would then be presented before the Planning Commission on August 19th and then the Board of Supervisors on August 26th. Chairman Gordon invited representatives for Westvaco Corporation and citizens concerned to attend. Conditional Use Permit No. 011 -81 of Jerry & Kathy Harris for a home occupation /accessory structure for a small engine repair and equipment rental. ACTION - Tabled The Secretary stated that Health Department comments have just been received and therefore, do not appear in the agenda. The Secretary next requested that the application be tabled until august 5th. Motion was made by Mr. Brumback to table this application. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby table the Conditional Use Permit Application No. 011 -81 of Jerry & Kathy Harris until August 5th, 1981. Conditional Use Permit No. 012 -80 of Benjamin Connor for a home occupation /accessory structure for a retail gun shop and gunsmith service including general repair and custom work. ACTION - Tabled The Secretary read the background information. Mr. Benjamin Connor came forward and introduced himself to the Commission. Mr. Connor stated that he was formerly a Montgomery County policeman and, after being injured in the line of duty, he retired. Mr. Connor stated that he moved to Winchester in 1973 and 1383 -17- then acquired a job at Lord Fairfax, teaching police science. Mr. Connor stated that in 1975 he obtained a federal firearms license, a Class 1 License (allows gunsmithing and retail sales of guns) and a Class 6 License (allows reloading). Mr. Connor further noted that he obtained a Virginia Pistol and Revolver Dealer's License. Mr. Connor explained that any omission in the law on his part was unintended, as far as complying with any zoning. Mr. Connor added that in 1977, he acquired a drill press and belt sander and in 1978 rewired the building and put up a sign on the highway for direction. In 1979, Mr. Connor stated, he put in separate wiring to the house and shop. For the past couple years, Mr. Connor explained he has been paying Merchant's Capital tax. Mr. Connor added that he started out with no inventory and currently has probably 30 rifles, shotguns and handguns. Mr. Connor commented that he mounts scopes for people and has zeroed in rifles for them on the property. He stated that there are two areas he uses to shoot on the property. In one area he can shoot up to 300 yards and it impacts into a hill and the other he uses for test firing down into the ground. Mr. Connor added that there is an area where he does clay target shooting for recreation. Mr. Connor commented that he did run the gun shop full time for approximately one year. About one month ago, Mr. Connor continued, he obtained full time employment at Winchester Hospital, therefore, the gun shop is currently a part time enterprise. The hours he is presently trying to maintain are 6:00 p.m. to 9:00 p.m. weekdays, 9:00 a.m. to 6:00 p.m. on Saturdays and in the fall, perhaps be open Sunday afternoons. 1384 In answer to Chairman Gordon's question, Mr. Connor replied that he owns approximately 25 acres. Mr. Connor noted that the closest residence is about 150 yards. In answer to Mr. no, nine's question, Mr. Connor stated that he does not allow anyone to shoot on the property if he is not present. Mr. Vernon Wright, a dairy & beef farmer, came forward and introduced 'himself to the Commission. Mr. Wright stated that he is strongly opposed to the open air shooting of firearms and not the selling of firearms. Mr. Wright continued that he has cattle pastured on part of three sides of Mr. Connor. He does not think it is safe for his family and, in the afternoons, the noise is annoying. Mr. Wright next submitted a petition from neighbors who are also in opposition. Mr. Golladay motioned that the petition be made a part of the minutes. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby incorporate into the minutes the petition from neighbors opposing the open air firing of arms by Benjamin Connor, as follows: WE THE UNDERSIGNED, OBJECT TO BEN CONNER'S CONDITIONAL USE PERMIT IN REGARD TO ANY AND ALL OPEN AIR FIRING OF FIREARMS. NO OBJECTIONS ARE RAISED ON THE REMAINDER OF THE PERMIT. /s/ Vernon Wright Vernon Wright /s/ Leonard Wright Leonard Wright /s/ Ruth Ann Racey Ruth Ann Racey /s/ Louis G. Racey Louis G. Racey /s/ Owen D. Snapp Owen D. Snapp 1385 -19- /s/ Alice Snapp Alice Snapp /s/ J. Granville Snapp J. Granville Snapp /s/ Anna Margaret Snapp Anna Margaret Snapp /s/ Donald N. Royal Donald N. Royal /s/ Mary E. Royal Mary E. Royal /s/ Melvin D. Fawcett Melvin D. Fawcett /s/ Virginia C. Fawcett Virginia C. Fawcett /s/ Dorothy Snapp Dorothy Snapp /s/ Leonard W. Snapp Leonard W. Snapp /s/ Oliver McDonald Oliver McDonald /s/ Clyde Thorne Clyde Thorne /s/ Neal W. Painter Neal W. Painter /s/ Mary E. Fawcett Mary E. Fawcett Mr. Donald Royal, who lives about 400 yards southwest of Mr. Connor, came forward and introduced himself to the Commission. Mr. Royal stated that he is opposed to the open air shooting of firearms and not the retail shop itself. 1386 -20- Ms. Ruth Racey, a neighbor, came forward and introduced herself to the Commission. Ms. Racey stated that she is opposed to the open air firing and not the retail sales. Ms. Racey stated that she would not object to the firing if it were in a closed range to muffle the noise and eliminate some of the dangerous aspect. Chairman Gordon next stated that Mr. Painter, a neighbor of Mr. Connor's, who was unable to attend because of his work, had telephoned him. Chairman Gordon stated that Mr. Painter did not object to the retail gun shop. He did object to the open air firing because of the noise, particularly because he works at night and sleeps during the day. Mr. Painter lives on parcel 18 -61. Mr. Golladay inquired of Mr. Connor if it would create an undo hardship not to have the open air firing. Mr. Connor replied that in terms of building a custom made gun, if you quarantee a certain degree of accuracy, it is hard to live up to that without test firing. In regards to the income from zeroing -in rifles for people, it would cut into the business considerably. In order to give Mr. Connor some time to consider alternate methods to open air firing and methods to muffle noise, Mr. Brumback motioned that this conditional use permit request be tabled. This was seconded by Mr. Palumbo and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby table conditional use permit No. 012 -81 of Benjamin Connor until the meeting of August 5th, 1981. 1387 -21- An ordinance to amend the Frederick County Code, Chapter 21, zoning, adopted July 12, 1978, to amend Article X, Section 21- 98(e). ACTION - Approved The secretary gave the background information. Mr. Ronald Ward came forward and stated that this request is the follow -up of the senior citizen project rezoned off of Baker Lane. Mr. Ward stated that 65 -70 year old people would not require as many parking spaces as would normally be required. There being no one wishing to speak further, Mr. Palumbo motioned to approve the amendment change as presented. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby approve ordinance amendment Chapter 21, zoning, adopted July 12, 1978, to amend Article X, Section 21 -98(e) as follows: (e) For each dwelling unit there shall be an average of two off - street parking spaces provided on the lot or within one - hundred fifty feet thereof. In housing for the elderly, the Administrator may reduce this requirement to one space for each three dwelling units, plus one space for each employee on the maximum shift. Discussion of Request for Rabbit Slaughter House Mr. Riley stated that Mr. Allison wishes to operate a rabbit processing operation. The parcel is three acres and the principal use is residential. Mr. Riley questioned the suitability of including the slaughtering of rabbits and processing of meat as a home occupation /accessory structure. F :: -22- The Planning Commission was in agreement that this operation can not be considered as a home occupation and will be considered as an M -2 slaughter house. There being no further business to come before the Commission, Mr. Golladay moved to adjourn. This was seconded by Mr. DeHaven and passed unanimously. 1389 Respectfully Submitted,