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PC_04-07-82_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION 1982. Held in the Board of Supervisors' Meeting Room on April 7, PRESENT: Frank Brumback, Chairman; James Golladay, Vice Chairman; Carl McDonald; Domenic Palumbo; Kenneth Stiles; A. L. Myers; Manuel DeHaven; W. French Kirk; George Romine; Herbert Sluder CALL TO ORDER Chairman Brumback called the meeting to order and proceeded with the first order of business, the consideration of the minutes of March 3, 1982. Mr. Myers noted that on line, of the letter from Carlton very peaceful and quiet ." page eight, third paragraph, second L. & Vivian Bartles should read, .. There being no further corrections, Mr. Myers moved to approve the minutes of March 3, 1982, as amended. This was seconded by Mr. Romine and passed unanimously.* The next order of business, consideration of the minutes of March 17, 1982. There being no corrections, Mr. Golladay moved for approval. This motion was seconded by Mr. Myers and passed unanimously.* * Mr. Stiles, Mr. McDonald, Mr. DeHaven, and Mr. Kirk were not present for this vote. BIMONTHLY Mr. Golladay pointed out that the two rural districts of the County, Gainesboro and Back Creek, account for 50% of the single family buildings. In answer to Chairman Brumback's question, Mr. Horne replied that the Site Plan for Howard Shockey and Sons, Inc. is located on Lee Street, off Route 11 North, and is for a furniture manufacturing site. Mr. Horne next explained that Rolf Mielzarek, who is applying for a conditional use permit for campground facilities, located at the bottom of Route 704, South of Gore, has a problem with regard to sewage facilities on his property. Mr. Horne stated that the land will not perk to the extent that Mr. Mielzarek needs for his use proposed and as a result, he does not have a definitive Health Department statement. Mr. Mielzarek also contacted the State Water Control Board and they 1516 -2- would not take any action without the Planning Commissions' decision on this conditional use permit. Mr. Horne stated that Mr. Mielzarek would like to have some indication from the Planning Commission as to whether his conditional use permit will be approved so that he can work out something with the State Water Control Board. Mr. Herbert Sluder, Sanitarian, stated that Mr. Mielzarek has about 130 acres and wishes to accomodate about 150 residents. Mr. Sluder stated that this will require a rather large drainfield. He further stated that one of the holes he tested may be adequate but Mr. Mielzarek needs to dig several pits with a backhoe in order for him to take a further look at the soil. Mr. Sluder added that Mr. Mielzarek's only other option would be some type of sewage treatment plant. He explained that Mr. Mielzarek could get this permit from the State Water Control Board but it is a rather large expense. Mr. Sluder added that the applicant did not want to spend more money on the sewage situation until he found out from the Planning Commission if he was permitted to operate this campground. The Commission decided to meet informally with Mr. Mielzarek at a later date. Chairman Brumback next accepted the Bimonthly Report as information only. Discussion of Comprehensive Plan Public Meeting The Commissioners reviewed and discussed the results of the surveys collected from Shawnee District. Comprehensive Plan Subcommittee Meeting Mr. Golladay announced that the next Comprehensive Plan Subcommittee meeting will be held on Friday, April 9, at 11:30 a.m. Six Year Plan and Primary Road Allocation Hearings Mr. Horne reminded the Commission that the Six Year Plan would need to be discussed this year. He also announced that the allocation hearing for primary roads will be held on April 20 in Staunton. Mr. Horne stated that the two road surfaces proposed for funding are the 1517 -3- four - laning of the upper end of Route 522 North and the four - laning of Route 522 South between Double Toll Gate and Delco Plaza. --------------- - - - -- PUBLIC HEARINGS Zoning Map Amendment No. 003 -82 of Shirley Meade, requesting that .50 acres on Route 50 West, now zoned A -1 (Agricultural- Limited) be rezoned to B -2 (Business - General). ACTION - Tabled The Secretary read the background information. Mr. Sluder stated that based upon previous soil analysis of the property and size of the present sewage system, there is no way, in his opinion, that a restaurant could be operated on the premises. Mr. Sluder stated that a delicatessen /take out service with no sewage facilities for customers could possibly be worked out. Mr. Sluder commented that the applicant felt she could get an easement from the adjoining property owner, so he drilled one test hole on the adjoining property and did not encounter any problems. Mr. Sluder added that, since then, Mrs. Meade did acquire a Deed of Easement for 20 years of drainage, but she still needs to arrange for additional borings to be done on the adjoining property. Chairman Brumback next asked Mr. Sluder if he could, at this time, give Health Department approval on this application. Mr. Sluder replied that he could not. Mrs. Meade next came forward and stated that she did acquire a Deed of Easement for 20 years of drainage on the adjoining property and she has made another appointment with the sanitarian to do the additional borings. 1518 -4- In answer to Mr. Romine's question, Mrs. Meade stated that she intended to have both the delicatessen and restaurant if she could get adequate drainage. She added that she presently has a gift shop which gives her only six months of business and she would like to have something year round. In answer to Mr. DeHaven's question, Mrs. Meade stated that she was located on the hill above the Green Lantern. To answer Mr. Stiles' question, Mrs. Meade stated that all of her property was located in Frederick County, Virginia. In answer to Mr. McDonald's question, Mrs. Meade stated that the drainfield easement was in West Virginia. In answer to Mr. Romine's question, Mrs. Meade stated that she planned to move the trailer that was presently located on the property and replace it with a double wide trailer. Mr. Romine next moved to table this request in order to give the Health Department enough time to determine if there was adequate drainage on the adjoining property. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table rezoning petition number 003 -82 of Shirley Meade until April 21, 1982. Zoning Map Amendment No. 004 -82 of David L. Moulden requesting that .76 acres on the corner of Route 11 North and Route 672, now zoned A -2 (Agricultural - General) be rezoned to B -2 (Business - General). ACTION - Approval The Secretary read the background information. Mr. Moulden came forward and stated that his property is is now under a non - conforming status. 1519 -5- Mr. Moulden stated that with the acquisition of this property he will be able to expand under the existing structural plan and fully use the property. Mr. Palumbo next inquired about the proposed mill. Mr. Moulden replied that it would be a feed mixing plant that would work from the grain storage bins and the warehouse. Mr. Palumbo expressed concern that this operation might be better suited for an M -1 district rather than B -2. Mr. Horne stated that this is an accessory use to the primary use (distribution store) and would be allowed. Mr. Myers inquired as to what Mr. Moulden's limitations would be regarding use between M -1 and B -2. Mr. Stiles stated that the M -1, 75' setback would preclude the use of Mr. Moulden's property. Mr. Myers next inquired if Mr. Moulden understood that he must apply for a commercial entrance permit. Mr. Moulden stated that he has an entrance on the southern end of his lot and he will make improvements at that entrance. There being no one wishing to speak further, Mr. Stiles moved to approve this rezoning request This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve rezoning petition number 004 -82 of David L. Moulden from A -2 (Agricultural - General) to B -2 (Business - General). Zoning Map Amendment No. 005 -82 of Robert D. & Janice M. Brown requesting that 1.489 acres on the southwest corner of U.S. 11 and Route 672, now zoned A -2 (Agricultural - General) be rezoned to B -2 (Business - General). ACTION - Tabled 1520 The Secretary stated that Health Department comments have not yet been received. Motion was made by Mr. Stiles and seconded by Mr. Kirk to table this request for two weeks so that Health Department comments can be made. This motion was passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table rezoning request number 005 -82 of Robert D. & Janice M. Brown until April 21, 1982. Conditional Use Permit No. 005 -82 of Lloyd L. & Carolyn J. Roberts for a Home Occupation /Beauty Salon. ACTION - Approval The Secretary gave the background information. Mrs. Carolyn Roberts came forward and introduced herself to the Commission. Mr. Stiles questioned Mrs. Roberts about hours of operation. Mrs. Roberts replied that her hours would be 9:00 a.m. to 5:00 p.m., four or five days a week and possibly, one evening. There being no one wishing to speak either in favor or opposition to this request, Mr. Palumbo moved to approve the request with conditions one through four under Staff Recommendations. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve conditional use permit number 005 -82 of Lloyd L. & Carolyn J. Roberts for a Home Occupation /Beauty Salon with the following conditions: 1. This be a one year permit to be reviewed annually by the staff, Planning Commission and Board of Supervisors. 1521 -7- 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 one except members of the immediate family residing on the premises shall be employed. 4. On site parking shall be provided. Application of Virginia Lakeside Sewer and Water Company for allotment of additional territory pursuant to Section 56 -265.3 ACTION - Approval The Secretary gave the background information. Mr. Horne stated that the staff sees no conflict with the land use ordinances or the Comprehensive Plan. He added that the Sanitation Authority has been notified and they will put this item on their agenda for April 12. Mr. Joseph Massie, attorney for the applicant, came forward and introduced himself to the Commission. Mr. Massie stated that Virginia Lakeside Sewer and Water Company is requesting a territory extension in order to service increased development in their area. He further stated that this additional territory adjoins property previously allotted to Virginia Lakeside Sewer and Water Company in order to serve Ralph Wakeman's subdivision, known as Wakeland Manor. Mr. Palumbo inquired if Virginia Lakeside Sewer and Water Company would need to add capacity to the plant. Mr. Massie replied that adequate capacity exists for additional lots. 1522 NO Mr. Golladay inquired if Virginia Lakeside Water and Sewer Company had gone before the State Water Control Board and outlined the service area they planned to serve as far as Lakeside and Wakeland Manor. Mr. Massie answered that the applicant did not go before the Board. He explained that Virginia Water and Sewer Company acquired State Water Control Board approval initially, before they could put in a sewer plant. He added that the Health Department had entitled them to 300 taps. Mr. Massie commented that 68 taps were to go to Danac and 67 taps to Wakeman, but each has only used a few so far. He explained that they will be able to accomodate the additional 67 taps. There being no further comments, Mr. Romine moved that this application be approved. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission approves of the territory extension of the Virginia Lakeside Water and Sewer and feels that this extension would not conflict with any current or long range planning. Cancellation of Inactive Conditional Use Permits Inactive Conditional Use Permit No. 012 -78 of Ronald W. & Denise M. Smith, approved 9/13/78, for a home occupation /dog kennel, grooming parlor, and obedience training in the Gainesboro District. ACTION - Approval to Cancel Mr. Myers made a motion to approve the cancellation of this inactive conditional use permit This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby cancel inactive conditional use permit no. 012 -78 of Ronald W. & Denise M. Smith for a home occupation /dog kennel, grooming parlor, and obedience training in the Gainesboro Magisterial District. 1523 Inactive Conditional Use Permit No. 009 -80 of N. E. Dovel, approved 9/10/80, for a home occupation /dog kennel in the Shawnee District. ACTION - Approval to Cancel Mr. Kirk-made a motion to approve the cancellation of this inactive conditional use permit. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby cancel inactive conditional use permit no. 009 -80 of N. E. Dovel for a home occupation /dog kennel in the Shawnee Magisterial District. Inactive Conditional Use Permit No. 015 -80 of Judith S. Ware, approved 12/10/80, for a home occupation /beauty shop in the Stonewall District. ACTION - Approval to Cancel Mr. Stiles made a motion to approve the cancellation of this inactive conditional use permit. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby cancel inactive conditional use permit no. 015 -80 of Judith S. Ware for a home occupation /beauty shop in the Stonewall Magisterial District. Inactive Conditional Use Permit No. 021 -80 of Naomi F. Nelson, approved 12/10/80, for a home occupation /beauty shop in the Shawnee District. ACTION - Approval to Cancel Mr. Kirk made a motion to approve the cancellation of this inactive conditional use permit. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby cancel inactive conditional use permit no. 021 -80 of Naomi F. Nelson in the Shawnee Magisterial District. Inactive Conditional Use Permit No. 010 -81 of Rosella Shade, approved 7/8/81, for a home for the elderly in the Shawnee District. 1524 -10- ACTION - Approval to Cancel Mr. Kirk made a motion to approve the cancellation of this inactive conditional use permit. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby cancel inactive conditional use permit no. 010 -81 of Rosella Shade in the Shawnee Magisterial District. Inactive Conditional Use Permit No. 011 -81 of Jerry A. & Kathy C. Harris, approved 8/12/81, for a home occupation /accessory structure for small engine repair in the Stonewall District. ACTION - Approval to Cancel Mr. DeHaven made a motion to approve the cancellation of this inactive conditional use permit. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby cancel inactive conditional use permit no. 011 -81 of Jerry A. & Kathy C. Harris for a home occupation /accessory structure for small engine repair in the Stonewall Magisterial District. Proposed Zoning & Subdivision Ordinance Amendments Sawmills For the proposed amendment on sawmills, the Commission asked the staff to rework the amendment to better define the scope of a sawmill operation. Accessory Structures In regard to the proposed amendment on accessory structures, the Commission instructed the staff to proceed with advertising. Height Regulations For the proposed amendment on height regulations, the Commission requested the staff to rework this amendment. 1525 - 1 1 - Subdivisions In regard to the proposed amendment on accessory structures, the Commission instructed the staff to proceed with advertising. Mr. Kirk next noted a correction for the minutes of March 3, 1982. Mr. Kirk stated that on page two, the seventh line should read, to approve the subdivision request..." Chairman Brumback requested that this correction be made in the minutes. There being no further business to discuss, Mr. Golladay moved for adjournment. This was seconded by Mr. Stiles and passed unanimously. Respectfully Submitted, rank Brumback, Chairman o n T. p. Horne, Secretar y 1526