HomeMy WebLinkAboutPC_08-19-81_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors meeting room, August 19, 1981
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman;
Kenneth Stiles; W. French Kirk; Manuel DeHaven; Domenic
Palumbo; George Romine; James Golladay; A. L. Myers
CALL TO ORDER
The Chairman called the meeting to order. The first order of
business, consideration of the minutes of August 5, 1981.
Mr. Myers noted a typographical error on page nine.
There being no further corrections, Mr. Golladay moved to
approve the minutes of August 5, 1981, as corrected. This was seconded
by Mr. Kirk and passed unanimously.
The next order of business, consideration of the worksession
minutes of July 28, 1981.
Mr. Myers moved for approval. This was seconded by Mr.
Golladay and passed unanimously.
BIMONTHLY REPORT
The Chairman accepted the Bimonthly Report as information
only.
CAPITAL FACILITIES COMMITTEE
Chairman Gordon next announced that John Horne, James
Golladay, Domenic Palumbo, and George Romine will comprise the
appointees of the Capital Facilities Committee.
DISCUSSION OF GAINESBORO RECREATIONAL FACILITIES
Mr. Horne read the background information. Mr. Horne
suggested that the Planning Commission receive this request as
information at this time and that the people from Reynolds Store
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Firehall have requested that this be discussed at the next worksession
on a preliminary basis. Mr. Horne noted that after the Planning
Commission gives their input, the people from the firehall would take
these comments to the Parks & Recreation Commission for a formal
statement on what the Commission feels the policy should be.
Mr. Needham Cheely, Director of Parks & Recreation for
Frederick County, came forward and introduced himself to the
Commission. Mr. Cheely stated that in dealing with the Gainesboro
Committee, a format has finally been reached for carrying out the
impact fund policy in an orderly fashion. Mr. Cheely noted that the
committee has spent a great deal of time on this and he has met with
Gainesboro Committee members on several occasions. Mr. Cheely also
noted that a district meeting was held in the Gainesboro area with 45
to 50 residents attending who were very concerned about recreational
facilities there. Mr. Cheely explained that this is a situation that
has been brought about for the first time in that impact fees have not
been requested by outside groups, but used primarily by this locality
to provide recreational facilities where the staff or County felt they
were needed. Mr. Cheely felt that he would like to address this as the
exception that it is, and allow for it to be written up in a policy
that others can follow. In this way the County would not necessarily
be deluged with other projects of this nature; but at the same time,
when the comprehensive plan update is adopted there will be a section
that deals with outlying areas.
Mr. Stiles next presented some recommendations that he felt
should be included as guidelines for this policy. First, Mr. Stiles
felt that the money should be available only to recognized non - profit
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organizations. Secondly, Mr. Stiles stated that prior to the adoption
of the revised Comprehensive Plan, including the Recreation Master
Plan, the direction would be that this money is provided on a grant
basis to groups and the County is obligating itself in no way for any
cost of upkeep and maintenance. Mr. Stiles also suggested that the
ordinance be amended to strike the phrase "payment in lieu of land" so
that in the future, there would be no more setting funds aside as
impact fees.
Mr. David Whitacre next came forward and introduced himself
to the Commission. Mr. Whitacre explained that what Reynold's Store is
asking is the purchase of recreational equipment. Mr. Whitacre
commented that the County impact money will be used, and if at some
point in the future during the useful life of this equipment it becomes
necessary to create another park, the County could move the equipment.
The Reverend James Hundley, from the Gainesboro Methodist
Church, The Redland Church and the Wesley Chapel United Methodist
Church carne forward and introduced himself to the Commission. Mr.
Huntley commented that he felt this is something that his community
needs and has been working for. Mr. Hundley explained that the general
feeling of the community is that in a sense, this money is theirs and
they would very much like to spend it in this way. Mr. Hundley
requested that the Planning Commission give a good report on this to
the Board of Supervisors.
Mr. John Boyd next came forward and stated that he was the
Chairman for the Gainesboro Recreational Facilities group. Mr. Boyd
stated that the Reynolds Store area is isolated and basically the
residents there are 25 miles from any facilities. The Gainesboro area,
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he explained, contains a body of people who are not mobile and which is
mainly comprised during the day of housewives with young children to
tend. Mr. Boyd stated that the people in this area have a definite
need and his group is not asking for a purchase of land, but are asking
that these facilities be placed,on property that is already
established. Mr. Boyd explained that his group is trying to do what
they can for their area, but money -wise and time -wise they have gone as
far as they can go. The citizens in the area feel that since they are
supporting the recreational facilities within the County by tax
dollars, they need a return.
Mr. Myers next stated that he agreed that there is a problem
with allocating the impact funds and that a policy should be
formulated. He felt that the procedure should be followed as outlined,
but suggested that it come to the Planning Commission as a public
hearing. Mr. Myers stated that he has heard some opposition to this
plan and if a public hearing is held, all sides will be heard.
There being no one wishing to speak further, it was agreed by
the Commission that this item would be discussed in depth at the next
worksession.
PUBLIC HEARINGS
Zoning Map Amendment No. 006 -81 of David and Margaret Soper, requesting
that 1.558 acres on Route 50, now zoned B -2 (Business- General) be
rezoned to M -1 (Industrial Limited).
ACTION - Recommend Denial
Mr. Horne read the background information.
Ms. Deborah Brumback, the attorney representing the
petitioners, came forward and introduced herself to the Commission.
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Ms. Brumback stated that the petitioners are Mr. and Mrs. Soper, who
presently own the property and Mr. and Mrs. Brockman who have entered
into a contract to purchase the property. Ms. Brumback explained that
it is because of the use that the Brookmans want to put the property
to that this rezoning petition was filed. Ms. Brumback next presented
drawings of the work that Mr. Brockman's company sells and stated that
his company is presently in operation in Maryland. Ms. Brumback
explained that this iron is used for railings on steps, platforms,
ornaments on the home, window guards, and decorated columns. The
business would be operated totally from the building presently on the
sight. She also stated that Mr. Brockman is aware of the additions
which have to be made regarding the drainfield. Mr. Brockman plans to
have no more than six employees. Ms. Brumback stated that there would
be two trucks operating from the business and each truck would make an
average of one trip per day. Because this is custom work, there would
not be people coming in and out to place orders or pick up things. Ms.
Brumback further explained that twice a week there would be a straight
truck delivery of raw materials and sometimes, this would be an
18- wheeler truck. Ms. Brumback noted that there would be some outside
storage and this would be toward the back of the building. Ms.
Brumback next presented pictures of the sight and of the present
operation in Maryland. Ms. Brumback further stated that she felt this
application would conform to the comprehensive plan and would meet the
burden for an industry wanting to locate outside an industrial area.
Mr. Romine inquired if Mr. Brockman would be using any
blanking presses, shears or metal forming machinery.
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Mr. Brockman replied that he uses a carbide cutter, electric
punches and band saws.
Mr. Timothy Hodges came forward and stated that he was the
owner of the historic property adjoining the property in question. Mr.
Hodges stated that he bought this property a year ago from Mr. Soper
and has begun restoring it. Mr. Hodges noted that he is presently
making application to have the house listed under the Virginia Register
of Historic Homes. He feels that the house is of historical
signifigance to the area. Mr. Hodges stated that he plans to use the
surrounding property agriculturally for profit and he feels that an
industrial site adjoining the property may interfere with this. Mr.
Hodges was also concerned about the outside storage. Mr. Hodges next
presented a petition of persons who oppose the rezoning.
Mr. Brumback motioned to make the petition a part of the
minutes. This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the planning Commission for the County of
Frederick does hereby incorporate into the minutes the petition of
Timothy Hodges and surrounding property owners who are in opposition to
the rezoning application of David and Margaret Soper as follows:
We the undersigned as property owners in Frederick County,
Round Hill Community are opposed to the rezoning of Margaret and David
Soper's property from B -2 (business limited) to M -1 (industrial
limited).
DATE SIGNATURE
8/12/81 /s/ Mrs. Elsie Hicks
Mrs. Elsie Hicks
" /s/ Kathy Garman
Kathy Garman
/s/ Mr. & Mrs. _ Harrison Shirley
Mr. & Mrs. Harrison Shirley
/s/ Mr. Robert Gladden
Mr. Robert Gladden
Ann RFCC
Rt. 4, Box 212
Rt. 4, Box 288
Rt. 4, Box 244
Rt. 4, Box 289B
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8/16/81 /s/ Mr. Edwin M. Lineberg Rt. 4, Box 243
Mr. Edwin M. Lineberg
" /s/ Paul L. Barbour Rt. 4, Box 81
Paul L. Barbour
" /s/
John E. Hoover
Rt.
4,
Box
83
John E. Hoover
" /s/ Elizabeth Currence
Rt.
" /s/
Burl A. Emmart
Rt.
4,
Box
82
Burl A. Emmart
/s/ Guy J. Oates
Rt.
4,
Box
" /s/
Nancy C. Barbour
Rt.
4,
Box
82
8/18/81 /s/ G. P. Nicholson
Nancy C. Barbour
2,
Box
43
G. P. Nicholson
" /s/
Timothy A. Hodges
Rt.
4,
Box
289
Timothy A. Hodges
8/17/81 /s/
Wm. Chester
Rt.
2,
Box
2274
Wm. Chester
" /s/ Edwin A. Bad
Rt.
4,
Box
79
Edwin A. Bayliss
" /s/ Elizabeth Currence
Rt.
4,
Box
78
Elizabeth Currence
/s/ Guy J. Oates
Rt.
4,
Box
80
Guy J. Oates
8/18/81 /s/ G. P. Nicholson
Rt.
2,
Box
43
G. P. Nicholson
Chairman Gordon next read a letter which was submitted in
opposition to the Soper application from Walter L. Lumpp, adjoining
property owner.
Mr. Stiles made a motion to make the letter an official part
of the minutes. This was seconded by Mr. Kirk and passed unanimously.
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby incorporate into the minutes the letter of Walter
L. Lumpp, adjoining property owner, who is in opposition to the
rezoning application of David & Margaret Soper, as follows:
August 12, 1981
Frederick County Dept. of Planning & Development
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Attn: Mr. John R. Riley, Director
Post Office Box 601
Winchester, Virginia 22601
RE: Rezoning Land from B -2 to M -1 for David & Margaret Soper
Dear Mr. Riley:
I am sorry I will be unable to
of the Planning Commission regarding the
would like, however, to voice my concern
requiring inside storage. I believe thi
effect to the general appearance of that
prospective, the appearance is favorable
attend
above
of the
a would
area.
at the
your August 19 meeting
referenced rezoning. I
rezoning to M -1 without
create a negative
From a business
present time.
The consideration of the Planning Commission of this matter
would be greatly appreciated.
Very truly yours,
WLL:pah
Walter L. Lumpp
Adjoining Property Owner
Mr. Thomas Herndon, Pastor of the Roundhill Methodist Church,
came forward and introduced himself to the Commission. Mr. Herndon
explained that his church is located two properties down from the
church. Mr. Herndon stated that he is concerned about anything zoned
industrial that close to the church. Mr. Herndon also expressed
concern about the outside storage.
In rebuttle, Ms. Brumback felt that the tact that Mr. Hodges
was preserving the adjacent seven acres locks in the area and precedent
setting could not occur. Ms. Brumback commented that the Soper
property was listed long before Mr. Hodges bought his property. She
further commented that the barn would be a good buffer for the
historical property, there is screening to the east and part of the
front of the site and Mr. Brookman would be willing to add additional
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screening. Ms. Brumback added that the activity at this site would be
less than most other operations allowed in a B -2 zone.
Mr. Brumback felt that this was spot zoning and if this area
is rezoned, there are many operations that could go into this area that
would not be compatible with the church and residential character of
the neighborhood. Mr. Brumback also felt that this was not the type of
business that should be located in that area. He noted that there
is a lot of "M" zone in the County which is designated for this type of
manufacturing. Mr. Brumback next motioned for denial.
This was seconded by Mr. Kirk and the application was
recommended for denial by the following vote:
YES: Messrs. Palumbo, Brumback, Myers, Gordon, Golladay,
Kirk
NO: Messrs. Romine, DeHaven, Stiles
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby recommend denial of zoning map amendment no.
006 -81 of David and Margaret Soper to the Board of Supervisors.
Conditional Use Permit No. 012 -81 of Benjamin Connor for a home
occupation /gun shop and gunsmith service including general repair and
custom work
ACTION - Denied
The Secretary read the background information.
Mr. Connor came forward to address the Commission. Mr.
Connor stated that he would like to continue the operation with the
condition of no outside firing of arms related to the business and if
this was not possible, he would like to continue operation for a short
time to phase out his business.
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Mr. Vernon Wright, an adjoining property owner, came forward
and stated that he does not oppose the gun shop but does strongly
object to the open air firing.
Mr. Brumback next motioned to approve the conditional use
permit with the conditions outlined except that number five should
read, "No firing of outside firearms ".
This was seconded by Mr. Stiles and the motion failed by the
following vote:
YES: Messrs. Brumback
NO: Messrs. Palumbo, Myers, Golladay, DeHaven, Kirk,
Romine, Gordon, Stiles
Mr. DeHaven next motioned to deny the request. This was
seconded by Mr. Kirk and was unanimously denied.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend denial of conditional use permit no. 012-81 of
Benjamin Connor for a retail gun shop and gunsmith service to the Board
of Supervisors.
The Commission was in agreement that the staff should work in
conjunction with Mr. Connor to allow him to phase out his business.
An Ordinance to amend the Frederick County Code, Chapter 21, Zoning,
adopted July 12, 1978, to amend Article XIV, Section 21- 120(a).
The Secretary read the background information.
Mr. M. J. Vorbauch, representative for Westvaco, came forward
and stated that the proposed change meets Westvaco's approval.
There being no one present wishing to speak in favor or
opposition, Mr. Palumbo made a motion to approve the amendment as
presented. This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of the ordinance to amend the Frederick
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County Code, Chapter 21, zoning, adopted July 12, 1978, to amend
Article XIV, Section 21- 120(a) as follows:
... tobacco, wax, yarn, and wood. (Except sawmills and planing mills
using logs which have not been previously cut into rough lumber). Wood
chipping operations (def. the reduction of whole logs into wood chips
with the sole product being wood chips) shall meet the following
conditions:
1. All processing equipment shall be fully enclosed within
a roofed structure; sound levels shall not exceed 75 dba
( "A" scale) at property line.
2. All outside storage shall be fully screened in accordance
with Section 21 -122 of this Chapter and all outside
storage areas shall be identified on the Site Plan.
3. Wood or wood products storage shall meet the structural
setback requirements of this Chapter and shall be limited
to a two week supply or production at normal operating
conditions, or 25% of the gross lot area, whichever is
less.
APPRECIATION OF SERVICES PERFORMED BY JOHN RILEY
Mr. Golladay next spoke for the entire Commission in
recognition of the excellent service John Riley has performed as
Planning Director for Frederick County and moved to make these comments
an official part of the minutes. This was seconded by Mr. Kirk and
passed unanimously.
BE IT RESOLVED, That the Planning Commission for the County of
Frederick does hereby recognize the services performed by John Raymond
Riley as Planning Director for Frederick County and furthermore feels
that John Raymond Riley has been good for the Commission and good for
Frederick County. The Commission feels that Frederick County will see
the positive impact that John Raymond Riley has made for years to
come.
COMMISSION RETIRES INTO EXECUTIVE SESSION
Upon motion made by Mr. Stiles, seconded by Mr. Kirk and
passed unanimously, the Frederick County Planning Commission does
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hereby retire into Executive Session in accordance with Section
2.1- 344(a)(1) to discuss personnel matters.
COMMISSION WITHDRAWS FROM EXECUTIVE SESSION
Upon motion made by Mr. Golladay, seconded by Mr. Stiles and
passed unanimously, the Commission withdrew from executive session.
Mr. Stiles next raised the question of the Board of Zoning
Appeals action on the David Holliday request for variance on lot size.
Mr. Riley informed the Planning Commission that he did appear
before the Board of Zoning Appeals on August 18 and presented the
concerns of the Planning Commission. Mr. Riley continued that the
Board of Zoning Appeals voted to approve the Holliday request on a
three to one vote with the Chairman voting in the negative.
Mr. Palumbo next moved to officially notify the Board of
Supervisors of the action by the Board of Zoning Appeals and further
requested that the Board of Supervisors take appropriate action.
This was seconded by Mr. DeHaven and passed by unanimous
vote.
There being no further business to come before the Planning
Commission, Mr. Golladay moved to adjourn. This was seconded by Mr.
Stiles and passed unanimously.
Respectfully Submitted,
. • • •`
Joh T P. Horne, Secretary
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