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PC_01-06-82_Meeting_MinutesMINUTES OF THE ,MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, January 6, 1982. PRESENT: Frank Brumback, Chairman; James Golladay, Vice Chairman; Carl McDonald; M. Domenic Palumbo; A. L. Myers; Kenneth Stiles *; Manuel DeHaven; W. French Kirk; Herbert Sluder ABSENT: George Romine *Mr. Stiles was present only for the public hearing and consideration of the resolution of the Winchester - Frederick County Economic Development Commission. CALL TO ORDER �= The first order of business, the consideration of the minutes of December 16, 1981. Mr. DeHaven noted that on page 12, the resolution should read, "for a pet grooming shop" and not public garage. Mr. Kirk noted that on page five, third paragraph, the words "loys" should be changed to "lots ". On page three, first paragraph, Mr. Golladay questioned if Dr. Bates was the correct owner of the lot between the site and the house. On page four, second paragraph, Mr. Horne noted that the seventh line should read "make and is a performance . ". Motion was next made by Mr. Golladay to approve the minutes as corrected. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY In answer to Mr. Golladay's question on the location for Eugene and Barbara Grove, Mr. Horne replied that it was adjacent to Allied Engineered Products and in the JIC Industrial Park. Chairman Brumback accepted the bimonthly report as information only. ELECTION OF OFFICERS - 1982 ACTION - Elect Frank Brumback, Chairman 1472 -2- Incumbent Chairman, Frank Brumback, declared nominations open for chairman. The nomination of Frank Brumback was made by Mr. Palumbo and seconded by Mr. McDonald. Upon motion made by Mr. Kirk and seconded by Mr. DeHaven. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby close the nominations for 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 of the Planning Commission of said County. The motion was passed by the following vote: YES: Messrs. McDonald, Palumbo, Myers, Golladay, Kirk, DeHaven ABSTAIN: Mr. Brumback ACTION - Elect U la day, Jr., Vice Chairman Chairman Brumback declared nominations open for Vice Chairman. The nomination of James Golladay, Jr., was made by Mr. DeHaven and seconded by Mr. Kirk. Upon motion made by Mr. Kirk and seconded by Mr. Palumbo, BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby close the nominations for 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 James Golladay, Jr., as Vice Chairman of the Planning Commission of said County. The motion was passed by the following vote: YES: Messrs. McDonald, Palumbo, Kirk, Myers, Brumback, DeHaven, Kirk ABSTAIN: Mr. Golladay 1473 -3- ACTION - E lect John T. P. Horne, Secretary Chairman Brumback declared nominations open for Secretary. The nomination of John T. P. Horne, was made by Mr. Palumbo and seconded by Mr. Kirk. Upon motion made by Mr. Golladay and seconded by Mr. Brumback, BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby close the nominations for Secretary of 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 of the Planning Commission of said County. The motion was passed by the following vote: YES: Messrs. McDonald, Palumbo, Kirk, Myers, Brumback, DeHaven, Kirk, Golladay Mr. Golladay next moved that the Frederick County Planning Commission meet the first Wednesday of each month at 7:00 p.m. and the third Wednesday of each month at 2:00 p.m. in the Board of Supervisors' meeting room, 9 Court Square, Winchester, Virginia. Mr. Golladay further moved that all public hearings be held on said first meeting of the month, commencing at 7:30 p.m. Mr. Golladay further moved that a Worksession be held every fourth Tuesday of each month at the same location commencing at 7:00 p.m. and concluding at 9:00 p.m. Mr. Golladay continued that the new 1474 -4- meeting times should go into effect as soon as it is possible to get the advertising schedule re- arranged. This was seconded by Mr. Kirk and passed by the following vote: YES: Messrs. McDonald, Palumbo, Kirk, DeHaven, Brumback, Golladay NO: Mr. Myers BE IT RESOLVED, That the Frederick County Planning Commission does hereby declare that the Planning 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 Planning Commission Worksessions shall be held the fourth Tuesday of each month from 7:00 p.m. to 9:00 p.m. REPORT OF THE C.P.U. SUBCOMMITTEE Mr. Golladay requested that the full Commission have two or three sessions with the Subcommittee so the Subcommittee can bring the Commission up -to -date on the program that will be presented at the public meetings in February. The Commission scheduled Friday, January 15, 1982, at 7:00 p.m. for the first session. DISCUSSION OF THE RESOLUTION OF THE WINCHESTER - FREDERICK COUNTY 1475 -5- Mr. Palumbo noted that the establishment of agricultural research and development industries should be encouraged and suggested that this be added to number three under Goals Mr. Palumbo next suggested that a full time economic development coordinator be hired. Mr. Palumbo noted that the coordinator could be paid by charging an administrative fee for the administration of industrial revenue bonds which would be put into escrow for economic development. Mr. Palumbo stated that secondly, the industries in the area could also contribute a certain amount. Chairman Brumback noted that the Planning Commission's role at this point is to adopt the concepts for the Economic Development Commission and the details, such as the Economic Development Coordinator, will be worked out at the working group level. After some discussion by the Commission it was generally agreed that the Planning Commission would receive a quarterly report from an Economic Development Commission member and an annual report from the full Economic Development Commission. As a member of the Economic Development Commission, Mr. Palumbo stated that he would report to the Planning Commission as often as the Planning Commission feels it necessary. Mr. Golladay expressed concern about preserving the rural character of the County. He stated that he was not in favor of pushing to get industry in the County to the extent that it creates an overbalance of one type development over another. 1476 Mr. Horne explained this resolution is not meant to be a policy to promote, however, what we are doing is setting goals or targets that we want to achieve. Mr. Horne further explained that we may need to use some promotion to reach a target that we have set. Mr. Golladay next moved for adoption of the proposal prepared by the working group on the Joint Economic Development Commission with the corrections discussed. This was seconded by Mr. McDonald and passed by the following vote: YES: Messrs. Kirk, DeHaven, Golladay, Palumbo, Stiles, Myers, McDonald NO: Mr. Brumback BE IT RESOLVED, That the Frederick County Planning Commission does hereby adopt the proposal prepared by the working group on the Joint Economic Development Commission with the following conditions: 1. Under the heading Goals, number three, second paragraph, the addition of, "Efforts should also be made to encourage the establishment of agricultural research and development industries ". 2. Under the heading Strategies number three, the first sentence should read, "An informational brochure should be printed and maintained along with a statistical data base to consolidate information on available industrial and commercial sites in the area ". PUBLIC HEARINGS 1477 -7- Rezoning Request No. 010 -81 of Gary A. & Rebecca H. Dolphin containing 2.843 acres now zoned R -3 (Residential - General) to be rezoned to B -2 (Business - General). ACTION - Approval of Amended Request The Secretary gave the background information. Mr. Robert Mitchell, Attorney, came forward on behalf of Gary & Rebecca Dolphin. Mr. Mitchell noted that the property was purchased in 1975 and it was at that time zoned B -L. He stated that the Dolphins started leather crafting as a hobby. By 1977 and 1978 they started to develop customers, their clientele grew by word of mouth and the trade began to grow. By 1979, it was clearly an ongoing business operation and by 1980, they were using three to four rooms of their dwelling in the operation of the business. In addition, two outbuildings on the property were used for storage. Mr. Mitchell noted that along the period of time between 1979 -80 the Dolphins acquired a business identification number. Mr. Mitchell noted that he possessed a copy of the Dolphin's 1980 tax return. He noted that on that tax return there is a schedule C -1 (Business portion) filed. Mr. Mitchell noted that by the summer or fall of 1980 the Dolphins clearly had a business operation, permitted under the existing zoning, on their property. Mr. Mitchell stated that presently the business is still growing. Mr. Mitchell noted that the applicants would like to remodel their storage buildings and use those for the operation of the business. Mr. Mitchell further noted that at the time of Comprehensive Rezoning, the Dolphins reviewed the zoning map published in the paper and it did not indicate that their property was to be included in the downzoning. Mr. Mitchell noted that at this time, the policy was to 1478 ME downzone to existing use and apparently no one was aware that a business did exist at the Dolphin property. Mr. Mitchell stated that the applicants are requesting that the error made previously be rectified. The Commission decided to take a poll to determine if the Commission members thought a mistake had been made at the time of downzoning. The outcome of the poll was as follows: YES: Messrs. Kirk, DeHaven, Golladay, Stiles, Palumbo ABSTAIN: Messrs. Myers, McDonald It was generally agreed that during the Comprehensive Rezoning in October of 1980, the Dolphin property was zoned in error. The Commission felt that a business use was existing on the property prior to October of 1980, therefore, the property should not have been rezoned at that time. Mr. Golladay next asked what the address was on the sales tax card. Mr. Mitchell stated he did not have the sales tax card but he did have the certificate of registration dated September 3, 1980, and this has the Delco Plaza address on it. Mr. Mitchell noted that the address on the 1980 income tax return is Route 7, Box 102. After further discussion, the Commission generally agreed that rezoning should only include the original 400 feet that was rezoned in error in October of 1980. 1479 Mr. Mitchell stated that the applicants were willing to amend their rezoning application to request rezoning of only the original 400 feet. Mr. Stiles next moved that the Planning Commission recommend approval of the amended rezoning application to rezone only that portion of Parcel six that was zoned B -2 prior to October of 1980, being that portion of Parcel six within 400 feet of the edge of the Route 7 right -of -way. This was seconded by Mr. DeHaven and passed by the following vote: YES: Messrs. Kirk, DeHaven, Golladay, Brumback, Palumbo, Stiles NO: Mr. Myers ABSTAIN: Mr. McDonald BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the amended rezoning application no. 010 -81 of Gary A. & Rebecca Dolphin to rezone only that portion of Parcel six that was zoned B -2 prior to October of 1980, being that portion of Parcel six within 400 feet of the edge of the Route 7 right -of -way. Mr. Stiles next requested that a meeting be arranged with the Commissioner of Revenue and the local members of the general assembly to discuss land use taxation. There being no further business, Mr. Golladay move to adjourn. This was second by Mr. Stiles and passed unanimously. -10- Respectfully Submitted, Fran Brumback'k, Chairman —/ 4 1L P �� J T. P. Horne, Secretary 1481