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PC_01-21-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' [Meeting Room, 9 Court Square, Winchester, Virginia, 1/21/81. PRESENT: Messrs. Gordon; DeHaven; Brumback; Golladay; Stiles; Kirk; Myers; and Sluder. CALL TO ORDER The Chairman called the meeting to order. Chairman Gordon next questioned the status of the minutes of previous meetings. Mr. Riley suggested that Mrs. Sherwood could best address this question. Mrs. Sherwood noted that overtime was now being spent to bring the minutes up -to -date, noting that the Comprehensive Rezoning minutes were lengthy and would require additional time. BIMONTHLY REPORT Chairman Gordon first questioned the Judd Site Plan Request. Mr. Riley explained that this was for warehouse units. Chairman Gordon then accepted the Bimonthly Report as information only. Mr. Stiles next announced that he would voluntarily not participate in the voting during this meeting pursuant to the recent action of the Board of Supervisors. SITE PLANS Site Plan Request No. 001 -81 of Sunrise Play School, .57 acres, Zoned B -1, in the Opequon Magisterial District. ACTION - Approval The Secretary first gave background information. 1227 -2- Mr. Robert Casey then came forward and introduced himself to the Planning Commission, noting that early Spring would be the completion point of a 45' x 50' plan area. Mr. Golladay noted that the site plan shows that the parking is on the opposite side of the Seven - Eleven Store. Mr. Casey explained that the best traffic flow would be to have six parking spaces parallel to the right boundary so that the traffic flows in from the (A) entrance and around the building and out on the right hand entrance. Mr. Riley noted having no problem with this change so long as the number of parking spaces is not reduced. Mr. Stiles suggested that the Site Plan show one -way flow of traffic. Mr. Golladay also noted that another point of concern is the truck parking on Route 647. Chairman Gordon asked if there is any fencing between Mr. Casey's property and the Seven - Eleven Store. Mr. Casey stated that there is a 6" curb. Mr. Brumback suggested that some of these things should be finalized such as traffic flow and truck traffic and the play area. Mr. Riley stated that the technical requirements could be set forth by the Planning Commission and the staff would see that they were carried out, adding that the Site Plan would not be approved until all the items the Planning Commission is concerned about have been accomplished. Mr. Horne summarized the points of concern of the Planning Commission so far as being; (1) the showing of six parallel parking 1228 -3- spaces to the north boundary line; (2) placement of arrows indicating traffic flow; (3) absolute barrier between the Seven - Eleven Store and Play School. Mr. Casey explained that the children will always be in the building or the enclosed play area and will be supervised by a ratio of 10 to 1. Mr. Casey also expressed a desire not to have a barrier installed. Mr. Brumback expressed concern, explaining that the differences between the uses should warrant a better barrier. Mr. Golladay next made a motion to approve this site plan with the amendments that the parking on the southeast be placed at the northeast side of the building adjacent to the Seven - Eleven, that the traffic flow be one way coming in on (A) entrance and that a play area of approximately 45' x 50' with appropriate fencing be installed and that a 3 1/2 to 4' fence be installed as per Mr. Casey's suggestion between the Seven - Eleven property line and Mr. Casey's property line. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the Site Plan Request No. 001 -81 with the amendments that the parking on the southwest be placed at the northeast side of the building adjacent to the Seven - Eleven, that the traffic flow be one way coming in on (A) entrance and that a play area of approximately 45' x 50' with appropriate fencing be installed and that a 3 1/2 to 4' fence be installed as per Mr. Casey's property line. Site Plan Request No. 018 -80 of Skyline Oil Company, 5 acres, Zoned M -1, in the Shawnee Magisterial District. ACTION - Approval The Secretary first gave background information. 1229 -4- Mr. Bob Tullius came forward and introduced himself to the Planning Commission. In answer to Mr. DeHaven's question, Mr. Riley explained that the tanks would be partially buried. Mr. Tullius added that the tanks are 6' and only one half will be above ground. Mr. Tullius also noted that this would be just for the storage of liquid petroleum lubricating products. In answer to Mr. Stiles' question, Mr. Tullius noted that Group 44 had 7 to 9 employees and that the Health Permit was for a minimum of twenty -five employees. Mr. Horne next explained that two parking spaces for every three employees is what is required. Mr. Tullius commented that this would not be a retail business. There being no one to speak either in favor or opposing this site plan request, Mr. Kirk made a motion to grant this site plan request of Skyline Oil Company with the inclusion of the parking size change and the radius of thirty -five feet. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Site Plan Request for Skyline Oil Company with the inclusion of the parking size change and the radius of thirty -five feet. ANNUAL REPORT Mr. Riley next presented a proposed plan of work for 1981 and a proposed study design. 1230 -5- Mr. White commented that he had requested the staff as a whole to prepare long range plans for various departments to be presented to the Board as a package. Mr. White also stated that there is a need for correlation for the County as a whole, adding that the Planning Commission needs to articulate their long term goals to insure a linkage between agencies. Mr. White also added that a work program is important and added that continuing progress reports need to be made to the Board. Mr. White also suggested that a subcommittee structure should be considered to correlate the program of work. Mr. Brumback questioned why these things were not discussed by the Planning Commission before they were implemented. Discussion next ensued with regard to distribution of Planning Commission representation. Chairman Gordon noted that he felt the Planning Commission's job is not so much related to specific districts as it is the view of the Board. Mr. Riley expressed that the Planning Commission should be looking at the County as a whole. PUBLIC HEARINGS Zoning Map Amendment No. 018 -80 of H. F. Stimpson, Jr., from R -3 to R -6 and B -1, 10.1 acres to R -6, 5.8 acres to B -1 in the Opequon Magisterial District. ACTION - Recommend Approval The Secretary first gave background information, further locating the property on a visual aide. Mr. Golladay commented that when this property was rezoned to R -3, townhouses were included in that R -3 zone. 1231 Mr. Harry Stimpson and Mr. Pete Johnston came forward and introduced themselves to the Planning Commission. Mr. Johnston explained that when the property was acquired, R -3 included multi - family in that zoning so the 10.1 acres being requested to R -6 would be a return to the old R -3. Mr. Johnston further explained that the extension of the B -1, Business section is thought to be an appropriate delineation of the business district. Mr. Stimpson explained that this plan was evolved when the County asked for a dedication of a 60' right -of -way. In answer to Mr. Brumback's question, Mr. Stimpson noted that they would be adding 5.8 acres to the original 9.7 acres of commercial zone. Mr. Golladay next questioned the road coming on 1012 from the subdivision itself, noting concern with the traffic problem in that area. Mr. Stimpson explained that they always considered this a logical way to split up the commercial entrance; however, noting flexibility in this regard. Chairman Gordon commented that the State cannot deny access to a State Route. Mr. Riley next explained that the only discretion that the Board has is at the time of rezoning with respect to access, noting that the commercial buildings and the townhouses would next require subdivision and site plan approval. 1232 -7- Discussion next ensued with regard to the proximity of the sewage disposal treatment plant. Mr. Jones comments regarding a buffer zone were submitted. Chairman Gordon next asked for any person wishing to speak either in favor or opposing this request. Mr. Sam Lehman commented that no one wants to live near a treatment plant, and expressed that this might be the place for low density development. In answer to Mr. Stiles' question, Mr. Johnston noted that this proposed rezoning is in conformance with the Master Plan submitted to the County. Mr. Golladay made a motion to approve this Rezoning Request No. 018 -80. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Rezoning Request No. 0187 -80. CONDITIONAL USE PERMITS Conditional Use Permit No. 024 -80 of Lawrence Johnson, requesting a home occupation /shoe repair shop, zoned A -2 in the Opequon Magisterial District. ACTION - Recommend Approval with conditions The Secretary first gave background information, noting concern regarding the use being operated out of a bus. Mr. Lawrence Johnson came forward and introduced himself to the Planning Commission, noting that customers carne for pickups at his home not the bus, explaining that the bus is just where he does the shoe repair. Mr. Johnson also explained that this work is only done on a part -time basis as he is employed elsewhere. 1233 me Mr. Golladay expressed concern with this request being for a bus, noting that the Planning Commission has never approved a home occupation in anything other than a garage before, and further expressed concern with setting a precedent. Mr. Riley commented that the staff would be more comfortable if this use were to take place out of a garage. By general consensus, the Planning Commission noted being more comfortable with this request if it were to take place in a garage rather than a bus. Mr. Johnson stated that if the Planning Commission preferred he could work out of his garage instead. Chairman Gordon next asked for anyone wishing to speak either in favor or opposing this conditional use permit request. There being no one present wishing to speak, Mr. Golladay made a motion to recommend approval of this conditional use permit request with the following conditions: (1) This home occupation shall take place in the garage. (2) All parking shall be off - street. (3) If the use or occupancy changes, this conditional use permit shall expire and a new conditional use permit shall be required. (4) No one shall be employed on the premises except members of the immediate family residing on the premises. (5) This shall be a five year permit, reviewed annually. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit No. 024 -80 of Lawrence Johnson with the following conditions: (1) This home occupation shall take place in the garage. (2) All parking shall be off - street. 1234 (3) If the use or occupancy changes, this conditional use permit shall expire and a new conditional use permit shall be required. (4) No one shall be employed on the premises except members of the immediate family residing on the premises. (5) This shall be a five year permit, reviewed annually. Conditional Use Permit No. 025 -80 of Robert S. Hawkins, for a Public Garage in the Back Creek Magisterial District. ACTION - Recommend Approval with conditions The Secretary first gave background information, further explaining that the intent of the Agricultural District is to promote Agricultural uses and noting that a public garage is a commercial use and higher intensity. Mr. Stiles commented that Mr. Hawkins did not join the South Frederick Agricultural Distict and that a conditonal use permit cannot be prohibited from being approved. Mr. Riley explained that the District should be taken into account for applications in adjacent areas as well as those with the District. Mr. Riley also stated that the County is directed by the State Code to consider the proximity of the South Frederick Agricultural District. Chairman Gordon next questioned if the Planning Commission can look at an existing structure the same as a new site plan. Mr. Hawkins next came forward and introduced himself to the Commission and noted that this was for a small garage to do work for farmers. 1235 -10- In answer to Chairman Gordon's question, Mr. Hawkins noted that all work would be inside and also noted that presently, it is not full -time. Mr. Stiles noted that this is the same general area as Hicks Front End Shop. Mr. Golladay noted that he had talked with an adjoining property owner Friday who was in favor of this request. Mr. Stiles commented that he had discussed this with John Marker, an adjoiner, who also supports this request. Mr. Steven Huffman next came forward and commented that he wished to oppose this because the roads are not in good condition. Mr. Huffman also noted that this is a farming community and his house is only 1500 yards from the garage. Mr. Huffman added that the hours of operation were not in the best interest of his family. Mr. Myers noted that the Planning Commission has an obligation to look closely at this type of use since the South Frederick Agricultural District has been adopted. Mr. Myers further commented that this request takes place within an Agricultural District and that every request in this area must take place with the Agricultural District in mind. Mr. Stiles questioned if the creation of an Agricultural District can be binding upon those who have not joined the District. Mr. Brumback commented that this might be considered as a neighborhood service which blends into the community and which is compatible with the area. 1236 -11- Mr. Brumback made a motion to recommend approval of this conditional use permit no. 025 -80 with the following conditions: (1) This be a three year permit to be reviewed annually (2) If the use or occupancy or ownership changes, this conditional use permit shall expire and a new conditional use permit shall be required. (3) No outside storage of inoperable vehicles and a limit of two under repair. (4) Hours of operation shall be daylight hours. (5) No body or fender work. (6) Off - street parking is required. (7) Installation of a commercial entrance is required if deemed necessary by the Highway Department. (8) No person shall be employed except members of the immediate family residing on the premises. This was seconded by Mr. DeHaven and passed as follows: YES - Messrs. Kirk; DeHaven; Gordon; Brumback; Golladay NO - Mr. Myers BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Conditional Use Permit No. 025 -80 with the following conditions: (1) This be a three _year permit to be reviewed annually (2) If the use or occupancy or ownership changes, this conditional use permit shall expire and a new conditional use permit shall be required. (3) No outside storage of inoperable vehicles and a limit of two under repair. (4) Hours of operation shall be daylight hours. (5) No body or fender work. (6) Off - street parking is required. (7) Installation of a commercial entrance is required if deemed necessary by the Highway Department. (8) No person shall be employed except members of the immediate family residing on the premises. 1237 -12- Conditional Use Permit No. 026 -80 of Richard L. Martin, for a home occupation /mail order business, Zoned R -3, in the Shawnee Magisterial District. ACTION - Recommend denial The Secretary first gave background information. Mrs. Richard L. Martin came forward and introduced 'herself to the Commission and noted that the business would be on a small scale. In answer to Mr. Stiles' question, Mrs. Martin explained that there would be no storage. Mr. Davidson, an adjoiner, next came forward and presented a petition to the Planning Commission. Mr. Davidson cited restrictive convenants in the subdivision, a problem with on- street parking in the area and the fact that the street is not a through street as reasons for opposing this request. Mr. Davidson also added that there are small children in the area and that there were fears that the property would be devalued. Mrs. Martin stated that presently, there is a beauty shop and archery shop in the subdivision. Mr. Davidson added that there is no off - street parking available at the Martin property. Mr. Riley explained that the County cannot enforce restrictive convenants of a deed. Mr. Ed Marinak next came forward and questioned who would protect the children in the area during the hours of operation. Mrs. Martin stated that UPS Deliveries are made to another residence. 1238 -13- Mr. Drew Jenkins next came forward and requested that the fact of no off - street parking be taken into consideration. Mr. Brumback next made a motion to make the petition part of the record. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission unanimously moved to make the following part of the record of this meeting: We the undersigned, Section 1, Green Acres Subdivision, Shawnee District, petition for denial of the conditional use permit request by Richard L. Martin. We request this denial for the following reasons: (1) The restrictive convenants applicable to the property in question specifically prohibit anything other than residential homes. A copy of these restrictions is attached hereto as Appendix 1. (2) The property where the conditional use permit is being requested has only on street parking. The present on street parking is now taken up with personal vehicles. Any traffic resulting from business activity would over- flow to neighboring properties and create traffic congestion inconsistent with the residential character of the neighborhood, since the street is narrow and presently bordered with normal residential parking. Additionally, the street is not a through street but terminates in cul -de -sac. (3) There are many small children in the immediate neighborhood, who would be exposed to a risk, not now present, with the addition of business traffic to the street. (4) Property values would be adversly affected by the introduction of business traffic to the area. The potential loss of present dollar equity as well as future appreciation produces and economic loss to those neighboring property owners who bought their property anticipating that it would remain homogeneously residential in character. (5) Homeowners in the area are deeply concerned about the intentions of Mr. Martin in this matter. No prior discussions were undertaken by Mr. Martin with neighbors. The first knowledge of this matter in the neighborhood was when three (3) adjoining property owners received notice of the hearing from the Planning Commission /Board of Supervisors, and subsequently Mr. Martin's placing a 1239 -14- public notice inconspicuously on his property. The party requesting the permit was not at the residence after the notice was placed against the lawn furniture. (6) Property owners in Frederick County rely upon the Planning Commission and Board of Supervisors to protect their interests in these matters. Years ago when the property owners purchased residences in the area, restrictive covenants were incorporated in the deed. We collectively feel that the residential character of the neighborhood developed in compliance with the restrictive covenants, should not now be contravened by the Board of Supervisors. The majority of homeowners in Section 1 wish to maintain the intent of the covenant and request that the Planning Commission recommend denial of the aformentioned conditions /use permit. Mr. Kirk next made a motion to recommend denial of this conditional use permit request to the Board of Supervisors. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of this Conditional Use Permit No. 026 -80 of Richard L. Martin. ORDINANCE AMENDMENT - Section 21- An ordinance to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend Article XV, Section 21 -6.1 (a) and (b) as follows: AMENDMENT FREDERICK COUNTY ZONING ORDINANCE December 16, 1980 Approvals: Planning Commission - Board of Supervisors 1240 -15- An ordinance to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend Article XV, Section 21 -6.1 (a) and (b) as follows: Section 21 -6.1 - Number of Uses Associated with a Lot or Parcel - (a) With the exception of group housing developments, including mobile home parks, no more than one principle structure of use and its customary accessory structures or uses shall be located on a lot or parcel in an agricultural or residential zoning district. (b) The equipment of an accessory structure, such as a sink, cook, stove, or other kitchen or sanitary facilities for the independent occupancy thereof, shall be prima facie evidence that such structure is not an accessory structure but a separate dwelling and must meet all minimum standards of lot area and yard requirements of the district in which it is located. Mr. Golladay made a motion to recommend approval of this ordinance amendment to the Board of Supervisors. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Ordinance Amendment. ORDINANCE AMENDMENT - Section 21 -1 An ordinance to amend the Frederick County Code, Chapter 21, ZOning, adopted July 12, 1978, to amend Article I, Section 21 -1 as follows: AMENDMENT FREDERICK COUNTY ZONING ORDINANCE December 16, 1980 Approvals: Planning Commission - Board of Supervisors An ordinance to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend Article I, Section 21 -1 as follows: 1241 -16- Section 21 -2. Accessory Use or Structure. A subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building. On bonafide, operating farms, temporary or permanent housing for farm workers actively working on the farm or tenants shall be considered an accessory use and structure. Mr. Brumback made a motion to recommend approval of this ordinance amendment to the Board of Supervisors. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Ordinance Amendment. ORDINANCE AMENDMENT - Section 21 -145 An ordinance to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend Article XVII, Section 21 -145 by the deletion of (a). DELETE - Section 21- 145(a) - Any development of two acres or less shall submit a site plan as required'by the agent, but is otherwise exempt from the requirements of this article. Mr. Golladay made a motion to recommend approval of this ordinance amendment to the Board of Supervisors. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Ordinance Amendment. DISCUSSION OF LARGE LOT SUBDIVI PROPOSAL Mr. Brumback commented that the Planning Commission should consider the proposal if it is a priority and pass it along to the Board. Mr. DeHaven announced that there would be a meeting regarding this subject with Mrs. Rhoda Maddox. Chairman Gordon, after much discussion, summarized that it is the general consensus of the Planning Commission that the large lot 1242 -17- subdivision proposal be gone ahead with and that the detail be discussed at the January 27 Worksession. There being no further business to come before the Planning Commission, Mr. Golladay made a motion to adjourn. This was seconded by Mr. Rrumback and passed unanimously. Respectfully Submitted, John R. Riley, Secre C. Lan on Gordon, Chairman 1243