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PC_08-04-82_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, on August 4, 1982 PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; M. Domenic Palumbo; Kenneth Stiles; A. L. Myers; Manuel DeHaven; W. French Kirk; George L. Romine CALL TO ORDER Chairman Brumback called the meeting to order. The first order of business was the consideration of the minutes of July 7, 1982. Mr. Myers commented that his name was mispelled throughout the minutes and should be corrected. Mr. Golladay moved for approval of the minutes of July 7, 1982, as amended. This was seconded by Mr. Kirk and . passed unanimously.* The next order of business was the consideration of the minutes of July 21, 1982. Mr. Golladay requested that the sixth paragraph on page two read, "Mr. Gyurisin next presented the amendment for the definition of schools, Article I, Section 21 -1." Mr. Golladay felt this addition would clarify this section for future reference. Mr. Golladay then moved for approval of the July 21, 1982, minutes as amended. This was seconded by Mr. Kirk and passed unanimously.* BIMONTHLY Mr. DeHaven inquired about the rezoning pending for Mr. Eldon Lindsev. Mr. Horne explained that this rezoning was located on the south side of Route 735 and Mr. Lindsey was requesting rezoning from A -2 to B -2. Mr. Gyurisin next explained the Board of Zoning Appeals variance applications pending. *Mr. Stiles was not present for this vote. RM -2- Mr. Horne then commented that Mr. Mielzarek no longer wished to continue with his conditional use permit application for a campground. Mr. Horne stated that Mr. Mielzarek has requested that his fee be refunded. Mr. Romine moved that the application fee already submitted by Mr. Mielzarek should not be refunded. This motion was seconded by Mr. McDonald and passed by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny the request by Mr. Rolf H. Mielzarek for the refunding of the fee previously submitted for conditional use Permit #004 -82 for a campground. This resolution was passed by the following vote: YES: Messrs. Romine, Kirk, DeHaven, Brumback, Myers, Palumbo, McDonald NO: Mr. Golladay PUBLIC HEARINGS An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article I, Section 21 -1. Mr. Horne presented the zoning ordinance amendment for the definition of group homes. Mrs. Patricia Stiles came forward and introduced herself to the Commission. Mrs. Stiles commented that the state statute directs that the County ordinance be amended to allow group homes in at least one residential district. Mrs. Stiles requested that the Commission allow group homes in several districts without a conditional use permit. Some members of the Commission felt that the definition for group homes should state that the homes are for adults only. These 1589 -3- members felt that the impact on the surrounding neighborhood would be different for children and adults. Chairman Brumback next called for anyone wishing to speak in favor or opposition to this request. Mr. Scott Bailey came forward and introduced himself to the Commission. Mr. Bailey stated that he is associated with the group home at 1010 Amherst Street and works at the Lord Fairfax Child Development Center in Winchester. Mr. Bailey explained that some of the children he works with will clearly have a need for group home facilities when they become adults. Mr. Bailey stated that he would like to speak in favor of group homes for adults in the community so that people who need this sort of protection will have it nearby and not have to be sent to distant places. Mr. Bruce Mathias came forward and introduced himself to the Commission. Mr. Mathias stated that he is associated with the group home at 1010 Amherst Street and is Program Director at the Evans Home for Children in Winchester. Mr. Mathias stated that some of the children he presently works with will have a definite need, as adults, for a group home environment. Mr. Mathias further stated that he is in favor of group homes in the Winchester /Frederick County area. Mr. Robert Sowers came forward and stated that he also is associated with the group home on Amherst Street, but wishes to speak as a parent at this time. Mr. Sowers was pleased that his son could live in a group home so close to his family and not a great distance from home. Mr. Sowers commented that if there were group homes for 1590 -4- children nearby, his son might not of had to spend his childhood so far away from his family. Mr. Golladay next moved to approve the amendment to the Frederick County Code, Chapter 21, Zoning, Article I, Section 21 -1. This motion was seconded by Mr. Kirk and passed by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article I, Section 21 -1, by the addition of the following: Group Home - A licensed community based residential facility for twelve or fewer physically handicapped, mentally ill, mentally retarded, or other developmentally disabled persons. This resolution was passed by the following majority vote: YES: Messrs. McDonald, Palumbo, Brumback, Golladay, DeHaven, Kirk, Romine NO: Mr. Myers ABSTAIN: Mr. Stiles An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Section 21 -16 by the addition of (x), Section 21 -26 by the addition of (z), Section 21 -36 by the addition of (o), Section 21 -44 by the addition of (n), Section 21 -52 by the addition of (s), and Section 21 -90 by the addition of (p). Mr. Horne presented the ordinance amendment. Mr. Palumbo stated that although he is in favor of group homes, he felt it would be wise to require a conditional use permit on group homes in R -1 and R -2 districts in order to allow the neighbors a voice in the decision making. Mr. Myers stated that he was in favor of requiring a conditional use permit on group homes because of the public hearing a conditional use permit brings about. Mr. Myers commented that the public hearing would allow for citizen input. 1591 -5- Other members felt that A -1 and A -2 districts were very similar to R -1 and R -2 districts and these districts should be treated alike. They were also concerned about what conditions could be placed on a group home. Mr. Golladay next moved to approve the ordinance amendment to allow group homes as a permitted use in A -1, A -2, R -1, R -2, R -3, and R -6 districts. This was seconded by Mr. DeHaven and passed by majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Section 21 -16 by the addition of (x), Section 21 -26 by the addition of (z), Section 21 -36 by the addition of (o), Section 21 -44 by the addition of (n), Section 21 -52 by the addition of (s), and Section 21 -90 by the addition of (p) as follows: (x), (z), (o), (n), (s), (p) - Group Homes, as defined. The above resolution was passed by the following vote: YES: Messrs. Romine, Stiles, Kirk, DeHaven, Golladay NO: Messrs. Myers, Palumbo, McDonald, Brumback Discussion of Airport Access Road Improvement Mr. Horne next presented a letter from Mr. Wendell Seldon, Citv Manager, referencing a request to the Virginia Department of Highways and Transoortation for the consideration of the improvement of Routes 645 and 728, with airport access funds, to improve access to the Winchester Airport. Mr. Horne explained that money would not be taken from funds designated for secondary road improvement. He also pointed out that the City of Winchester has agreed to pay for all related real estate acquisition and regional utility relocation costs. Mr. Horne stated that the County Administrator has requested 1597 n that the Commission make a recommendation to the Board of Supervisors on this matter. The Commissioners felt that airport access was very important, especially for future commercial and industrial development. After some discussion, Mr. Golladay moved that this request be passed to the Board of Supervisors with the Planning Commission's endorsement. This was seconded by Mr. Kirk. BE IT RESOLVED, That the Frederick County Planning Commission does hereby endorse the request by the City of Winchester to improve airport access by the improvement of Routes 645 and 728 with airport access funds and does hereby recommend to the Board of Supervisors that this request be approved. The above resolution was passed unanimously. Discussion of Consolidated and Revised Planning Commission Policies Mr. Horne presented the policies to the Commission. Mr. Stiles moved that number four, page two, of the Revised Planning Commission Policies be deleted. Other members of the Commission felt this policy was a good guideline and did not necessarily have to be adhered to in every case. Mr. Stiles' motion was seconded by Mr. Golladay, but was denied by the following vote: YES: Messrs. Stiles, Golladay, DeHaven NO: Messrs. McDonald, Palumbo, Myers, Kirk, Romine, Brumback The next policy considered was number eight, page four, of the Revised Planning Commission Policies. The Commission requested 1593 -7- that the staff include the phrase, "except under direction by the Planning Commission" at the end of number eight. Mr. Stiles next moved that number four, page four, of the Revised Planning Commission Policies be deleted. Mr. Stiles felt it unfair for an application to be delayed for advertising because all agency comments were not received. After much discussion, the motion was seconded by Mr. Golladay and passed unanimously. The Commission next requested that the staff eliminate the phrase, "and to minimize time spent by the Commission in consideration of applications which can not meet these tests" from policy number four on page three. Mr. Golladay then moved to approve all of the Revised Planning Commission Policies as amended. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve of the Revised Planning Commission Policies as amended. The above resolution was passed unanimously. rehensive Plan Subcommittee Meeti The Commission scheduled August 18, 1982, for the next Subcommittee meeting to be held in the Board of Supervisors' meeting room from 11:30 a.m. to 1:00 p.m. Adjournment There being no further business to discuss, Mr. Stiles moved for adjournment. This was seconded by Mr. Golladay and passed unanimously. 1594 Respectfully submitted, cz;c 7 q VOu , - , e_ T. P. Horne, Secretary IFY'ank Bruinback, Chairman 1595