PC_03-04-81_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, 9 Court
Square, Winchester, Virginia, March 4, 1981.
PRESENT: Messrs. Stiles; Brumback; Myers; Gordon; Golladay; DeHaven;
Sluder.
CALL TO ORDER
Mr. Stiles first noted that he would not participate in the
voting of this meeting.
The Chairman called the meeting to order. Consideration of
the minutes of November 19, 1981 and December 3, 1980 were the first
order of business.
Mr. Golladay noted that on the last page of the second set,
12/3/80 the word "the" should be inserted in the resolution at the
bottom of the page.
Mr. Gordon noted that the word "form" shoud be "farm ".
There being no further corrections, Mr. Golladay made a
motion that the minutes be approved as corrected. This was seconded by
Mr. Kirk and passed unanimously.
BIMONTHLY REPORT
In answer to Mr. Golladay's question, Mr. Riley explained
that the DeHaven Site Plan Request is for an addition to a grocery
store to sell dry goods.
Mr. Riley next questioned if a site plan of this nature can
be approved administratively.
By general consensus, the Planning Commission acknowledged
that such amendments to a site plan could be approved
administratively.
The Bimonthly Report was accept as information.
SSS Associates Site Plan Request No. 019 -80, Zoned M -1, 2.5 acres, in
the Stonewall Magisterial District.
ACTION - Tabled
The Secretary first gave background information.
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Mr. Lee Ebert came forward as representing the petitioner.
Mr. Riley noted that if the petitioner felt it essential to
have a dwelling unit, he would have to petition the Commission to
change the ordinance to allow this with a conditional use permit.
Mr. Stiles commented that once the Planning Commission and
Board allowed the first residential unit on an M property, it would be
hard not to allow the next one.
Mr. Lee Ebert stated that Mr. Spaulding would like to have
the unit, but he would eliminate it if it is requested.
Mr. Gordon questioned if the Commission wants or does not
want residences in M- Zones.
Mr. Ebert next requested that the Site Plan be considered
with the living unit deleted.
Mr. Stiles next questioned if the building code would require
toilet facilities in a warehouse of this type.
Mr. Riley suggested that Mr. Sluder would have to address
that situation and suggested that this be tabled until Mr. Sluder could
give an opinion on this.
In answer to Chairman Gordon's question, Mr. Riley noted
that central water was only available to Timberline Stove.
Mr. Riley also noted that the Building Inspector would need
to address fire protection.
Chairman Gordon questioned if it is a good idea to have this
many units with no fire protection.
Mr. Ebert noted that Mr. Spaulding would comply with all fire
codes.
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Chairman Gordon next suggested that Mr. Gilpin be put on
notice as to how the Planning Commission feels about any more sites
being approved.
In answer to the Planning Commission, inquiry, Mr. Horne
explained that the Industrial Development Authority bond resolution for
site improvements is under an inducement resolution. Mr. Horne
reflected that concern could be expressed to the Industrial Development
Authority.
Mr. Golladay next moved to go into executive session under
Section 2.1344.6 of the Frederick County Code. This was seconded by
Mr. Brumback and passed unanimously.
Mr. Brumback next made a motion to return to regular session.
This was seconded by Mr. Golladay and passed unanimously.
Chairman Gordon announced that the Planning Commission would
like not to hear this petition until the applicant can be available.
Mr. Golladay also noted that it is the Planning Commission's
policy to have amended site plans resubmitted.
Mr. Golladay made a motion to table this request until the
site plan is amended for the use it will be and until the petitioner
can be available. This was seconded by Mr. Kirk and passed
unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend that this Site Plan Request No. 019 -80 of SSS
Associates be tabled until the site plan is amended for the use it will
be and until the petitioner can be available.
Rezoning Request No. 002 -81 of Albert Nicholson, A -1 to EM, 7.76 acres,
in the Back Creek Magisterial District.
ACTION - Withdrawn
Mr. Massie, representing Mr. Nicholson, came forward and
explained that he had only recently visited the site and also noted
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that due to the complexity of this matter, he would like to request
withdrawal at this time.
Mr. Massie next apologized to the people for the continuance
of this question.
Chairman Gordon noted that they would have to honor this
request but regret that people attended for this continuance.
Ms. Debra Brumback noted that she was not happy about this
withdrawal because it was inconvenient for the people involved.
Mr. Riley explained that if the petition is withdrawn, it can
be refiled at any time.
After some discussion, it was decided not to allow persons to
speak in opposition when the petitioner is not present.
Mr. Massie next formally withdrew his request for the present
time.
DISCUSSION OF TIME PERIODS FOR CONDITIONAL USE PERMITS
The Secretary first gave background information.
It was decided by general consensus that further study of the
situation was needed before a definite decision would be made on the
length of time granted for conditional use permits and therefore, no
action was taken on this topic.
REPORT FROM COMPREHENSIVE PLAN UPDATE SUBCOMMITTEE
Mr. Golladay, Chairman of the Subcommittee, next presented
the findings and report regarding the Comprehensive Plan Updating
process. The specific topic of discussion was the Disposal of Rural
Land.
The Planning Commission supported the majority of the
report.
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Chairman Gordon and Vice Chairman Brumback expressed concern
regarding the voluntary aspect of agricultural preservation. Both
members felt that the way the concept was designed put the prime
agricultural belt in the County under greater pressure for conversion.
Both members requested that the Subcommittee look at different
alternatives to agricultural preservation and report back to the full
Commission at the next regularly scheduled Planning Commission
Worksession.
There being no further business to bring before the Planning
Commission, Mr. Golladay made a motion that the meeting be adjourned.
This was seconded by Mr. DeHaven and passed unanimously.
Respectfully Submitted,
1 WL
John R. Riley, ary
C. La don G do�irman
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