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PC_03-18-81_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 18, 1981. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; W. French Kirk; James Golladay, Jr.; Kenneth Stiles; A. L. Myers; Herbert Sluder; Manuel DeHaven. CALL TO ORDER The Chairman called the meeting to order. Chairman Gordon noted the first consideration as being the Minutes of October 1, 1981. Mr. Golladay requested that the approval of this set of minutes be withheld until the next meeting, to give ample time for review. By general consensus, the minutes of October 1, 1981 will be brought up for approval again in two weeks. BIMONTHLY In answer to an inquiry from Mr. Myers, Mr. Riley explained that the Robert and Jean DeHaven Site Plan had been approved administratively. Mr. Myers noted some concern with regard to the crossover at the location of that site plan request. Mr. Riley explained that the County lacked the authority in that area. Chairman Gordon then accepted the Bimonthly Report as information only. SITE PLANS Site Plan Request #019 -80 of SSS Associates, Zoned M -1, 2.5 acres in the Stonewall Magisterial District. ACTION - Tabled for two weeks Mr. Riley explained that Mr. Ebert has requested that this consideration be tabled for two weeks because Mr. Spaulding is ill. 1280 -2- Mr. Golladay made a motion to table for two weeks because of illness the consideration of this site plan request. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, that the Frederick County Planning Commission table the request for Site Plan #019 -80 of SSS Associates. SUBDIVISIONS Subdivision Request of A.H. Underwood Subdivision, Lots 24 and 25, 3 lots zoned R -2 in the Shawnee Magisterial District. ACTION - Recommend Approval The Secretary first gave the background information. Mr. Rick Ross came forward and introduced himself to the Planning Commission. In answer to Mr. Brumback's question, Mr. Ross explained that this subdivision request is being made so it makes it economically feasible to run the necessary water and sewer lines to the property. Mr. Riley explained that these are the only lots in that area that would fit under the R -2 Zoning provision as to lot size. In answer to Mr. Gordon's inquiry, Mr. Ross noted that Underwood Lane is a hard - surfaced road. There being no one present either in favor or opposing this subdivision request, Mr. Kirk made a motion to recommend approval of this request 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 unanimously approve the Underwood Subdivision to the Board of Supervisors. Subdivision request of Fairfield Acres Subdivision, David B. Holliday, 8 Lots, Zoned R -3 in the Shawnee Magisterial District. 1281 -3- ACTION - Tabled for two weeks The Secretary first noted that the comments from the Virginia Department of Highways and Transportation have not yet been submitted and, therefore, per the Planning Commission policy, this would not be heard at this meeting. Mr. Brumback made a motion to table consideration of this subdivision request for two weeks when all the reviewing agency comments could be considered. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table for two weeks the Subdivision Request of Fairfield Acres. DISCUSSION OF POLICY REGARDING REVIEWING AGENCY COMMEN Mr. Brumback next suggested that the Planning Commission establish as policy that no request come before the Planning Commission until all comments are received from the reviewing agencies. Mr. Riley explained that there are many times that the staff is pushed by an applicant to be placed on the agenda, however, if it is the Planning Commission's desire to not let this take place then the establishing of a policy would be appropriate. After some discussion, Mr. Brumback made a motion to establish as policy that the Planning Commission not hear any requests until all comments have been received and placed in the agenda. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously passed a policy regarding agency comments. 1282 -4- Mr. Golladay made a motion to retire into executive session under Section 2.1344.6 of the Code of Virginia to discuss legal matters. This was seconded by Mr. Brumback and passed unanimously. PUBLIC BEARINGS CONDITIONAL USE PERMITS Conditional Use Permit No. 001 -81 of Gary A. Wygal, requesting a home occupation /tax serive in the Shawnee Magisterial District. ACTION - Recommend Approval with conditions The Secretary first gave the background information. Mr. Gary Wygal came forward and introduced himself to the Planning Commission. Chairman Gordon questioned if Mr. Wygal was aware of the covenants in the subdivision and suggested since he was not, that he might want to check on them. Chairman Gordon explained that the convenants would have no bearing on the consideration by the Planning Commission of this request. Mr. Riley, in answer to Mr. Stiles' question, explained that he would be the only person engaging in this service. In answer to Chairman Gordon's question, Mr. Wygal explained that there is presently off- street parking for three vehicles. Chairman Gordon next asked for any person wishing to speak either in favor or opposing this request. There being no one present wishing to speak, Mr. Kirk made a motion to recommend approval of this conditional use permit request to the Board of Supervisors with the following conditions: (1) This be a one year permit to be renewed annually from the date of final approval by the staff, Planning Commission, and Board of Supervisors. 1283 -5- (2) No one may be employed on the premises except members of the immediate family residing on the premises. (3) Off - street parking is required. (4) Hours of operation shall be 6 p.m. to 10 p.m. on weekdays and 8 a.m. until 5 p.m, on Saturdays. (5) If the use or occupancy changes, this conditional use permit shall expire and a new conditional use permit will be required. This motion was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval Conditional Use Permit No. 001 -81 of Gary Wygal with the following conditions: (1) This be a one year permit to be renewed annually from the date of final approval by the staff, Planning Commission, and Board of Supervisors. (2) No one may be employed on the premises except members of the immediate family residing on the premises. (3) Off - street parking is required. (4) Hours of operation shall be 6 p.m. to 10 p.m. on weekdays and 8 a.m, until 5 p.m. on Saturdays. (5) If the use or occupancy changes, this conditional use permit shall expire and a new conditional use permit will be required. Conditional Use Permit Request No. 002 -81 of Robert F. Zeigler, Inc., for an Off -Site Sign, in the Stonewall Magisterial District. ACTION - Recommend approval with one condition The Secretary first gave background information. 1284 Qs Mr. David Linscombe, Manager, came forward and introduced himself to the Planning Commission, noting that the sign is needed because you can not see the business from Route 7 at all. There being no one present wishing to speak in opposition, Mr. DeHaven made a motion to recommend approval of this conditional use permit with the condition that this be a five year permit to be reviewed annually by the staff This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Conditional Use Permit No. 002 -81 of Robert F. Zeigler with the following condition: (1) This is to be a five year permit to be reviewed annually by the staff. CANCELLATION OF CONDITIONAL USE PERMITS Conditional Use Permit No. 012 -79 of Mrs. Alfred Hicks Mr. Riley suggested, based on correspondence received from Mrs. Hicks, that this conditional use permit not be cancelled, but be continued until Mrs. Hicks can make a determination with regard to the status of the frontend shop. Mr. Golladay made a motion to continue this conditional use permit. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Conditional Use Permit No. 012 -80 of Mrs. Hicks. Conditional Use Permit No. 009 -79 of Richard & Merle Kerns Mr. Riley suggested that based on correspondence received, that this conditional use permit be continued. 1285 -7- Mr. Myers made a motion to recommend the continuance of this conditional use permit. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit No. 009 -79 of Richard & Merle Kerns. Conditional Use Permit No. 011 -78 of Ernestine Hoover Mr. Hoover came forward and introduced himself to the Planning Commission and explained that he would like the conditional use permit to be amended to allow a sewing shop and flea market. Mr. Riley explained that this is a different use than was requested in the original conditional use permit request. Mr. Golladay questioned the setting of precedent in allowing the change in use on a conditional use permit by amending it. Chairman Gordon added that a different use than the original use must be looked at differently. Mr. Stiles added that he felt this would be precedent setting and suggested that a new conditional use permit be required. Mr. Myers made a motion to recommend denial of this conditional use permit. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial for this Conditional Use Permit No. 011 -78 of Ernestine Hoover. Conditional Use Permit No. 006 -79 of Gerald P. DeHaven The Secretary explained that this permit was issued for a nonconforming use and a conditional use permit should not have been required and, therefore, would recommend cancellation of this permit 1286 ME Mr. Myers made a motion to cancel this conditional use permit of Gerald DeHaven. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend that this Conditional Use Permit No. 006 -79 of Gerald P. DeHaven be cancelled. ANNUAL REVIEW OF CONDITIONAL USE PERMITS Mr. Stiles questioned if the staff recommended that this be done once a year or at expiration date. Mr. Riley explained that the staff would prefer that conditional use permits be reviewed on the anniversary date. Mr. Stiles next questioned the charge for renewal of these conditional use permits. Mr. Golladay stated that he felt the fee should be a one time thing. Mr. Golladay next made a motion to renew all those conditional use permits as listed under A. No time limits with the exception of #056 -76. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval that all those conditional use permits as listed under A. No time limits with the exception of #056 -76 be renewed as follows: 003 -73 - Smith's Transfer - Approved 12/12/73 - Shawnee 007 -74 - Orrick Cemetery - Approved 2/13/74 - Shawnee 009 -74 - Dr. Jerry Grimes - Approved 3 /13/74 - Shawnee 010 -74 - Fred. Co. Fruit Growers - Approved 4/10/74 - Gainesboro District 011 -74 - Charles Omps Garage - Approved 1/13/74 - Gainesboro 019 -74 - Leslie Mogle - Approved 3/13/74 - Opequon District 020 -74 - Unisil - Approved 3/13/74 - Back Creek District 034 -75 - National Trust for Historic Preservation - Approved 2/12/75 - Opequon District 040 -75 - Boyd J. Unger, Jr. - Approved 5/14/75 - Shawnee 1287 042 -75 - Fred. Co. Parks & Recreation - Approved 6/11/75 - Opequon District 045 -75 - Allied Wood Products - Approved 7/9/75 - Stonewall 050 -75 - Dowling Company, Inc. - Approved 11/12/75 - Back Creek District 051 -76 - Denny's Inc. - Approved 1/14/76 - Stonewall 052 -76 - George Kelchner - Approved 1/28/76 - Back Creek 055 -76 - National Advertising Co. - Approved 3/22/76 - Stonewall District 063 -76 - Rich Federal Foods, Inc. /GOldston Trucking - Approved 5/26/76 - Stonewall District 067 -76 - Theodore H. & Margaret P. Sisk - Approved 7/14/76 - Shawnee District 005 -77 - Battle of Cedar Creek Campground - Approved 7/20/77 - Opequon District 006 -77 - Ralph Poe - Approved 10/12/77 - Back Creek District 008 -77 - Bigman's Restaurant - Approved 8/17/77 - Shawnee 004 -78 - B J Sager, Inc. - Approved 7/12/78 - Back Creek 016 -78 - Loring J. Wright & Son Inc. - Approved 10/25/78 - Stonewall District 022 -78 - Round Hill Ruritan Club, Inc. - Approved 1/10/79 - Back Creek District 001 -79 - Robert E. DeHaven - Approved 2/14/79 - Gainesboro Mr. Golladay next made a motion to approve all conditional use permits with a one year limit as listed in the agenda with the exception of 011 -78 and 001 -78. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of all conditional use permit with a one year limit with the exception of 011 -78 and 001 -78 as follows: 55A -76 - Guy J. Oates - Approved 4/7/76 - Gainesboro 068 -76 - Betty J. Peacemaker - Approved 8/25/76 - Back Creek 001 -77 - W. S. Frey, Inc. - Approved 5/10/78 - Stonewall 004 -77 - D. Emory Wilson - Approved 4/25/77 - Back Creek 009 -77 - Margaret A. Carter - Approved 10/26/77 - Stonewall 002 -78 - Lake Holiday Country Club, Inc. - Approved 5/10/78 - Gainesboro District 006 -78 - Edward T. & Carol B. Place - Approved 7/12/78 - Gainesboro District 009 -78 - Joseph A. Helsley - Approved 8/23/78 - Gainesboro 010 -78 - Charles J. Lizer - Approved 9/13/78 - Gainesboro 012 -78 - Ronald W. & Denise M. Smith - Approved 9/13/78 - Gainesboro District 014 -78 - Marcus W. Reid - Approved 1/10/79 - Stonewall 015 -78 - Anton B. Papierniak - Approved 11/29/78 - Back Creek 017 -78 - Fred. Co. Fair Ass. - Approved 1/10/79 - Stonewall M -10- 018 -78 - Francis & Helen Kowalski - Approved 12/13/78 - Back Creek District 019 -78 - Linwood Heironimus - Approved 1/10/79 - Stonewall 023 -78 - Charles W. Bush - Approved 1/24/79 - Shawnee 003 -79 - Union Hall - Approved 2/28/79 - Stonewall 004 -79 - Eston L. Keeler - Approved 2/28/79 - Stonewall 005 -79 - Eston L. Keeler - Approved 4/12/79 - Stonewall Mr. Golladay made a motion to renew all conditional use permits as listed in the Agenda under II. A. with the exception of 023 -79. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval to renew all conditional use permits as listed below: 009 -79 - Richard & Merle Kerns - Approved 6/20/79 - Gainesboro District 015 -79 - Loring R. Nail - Approved 7/11/79 - Back Creek 018 -79 - Arthur H. & Dorothy Fulton - Approved 10/10/79 - Opequon District 019 -79 - Winchester Rendering Co. - Approved 10/10/79 - Gainesboro District 022 -79 - Oil, Heat, and Burner Service - Approved 11/14/79 - Stonewall District 024 -79 - Dr. Robert Kapp - Approved 2 /13/80 - Shawnee 025 -79 - Powlen Equipment Co. - Approved 2/27/80 - Shawnee Mr. Golladay next made a motion to advertise Section IIB and D for renewal. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval to advertise Section IIB and D for renewal. ORDINANCE AMENDMENT - Article II, Section 21 -11 (F An ordinance to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12. 1978, to amend Article II, Section 21 -11 (F) to read as follows: Section 32 -11(F) - When application for a Conditional Use Permit is submitted the Conditional Use Permit Policies as approved by the Commission shall apply and a fee of $75.00 shall be required to 1289 -11- cover costs of legally required advertising and notification of adjoiners. Mr. Sam Lahman stated that he felt that the $75.00 advertising fee should not be paid out of the general fund and suggested that the charge should cover both advertising and staff time. Chairman Gordon noted that it was the consensus of the Planning Commission to only address the $75.00 initial fee for advertising. Mr. Golladay made a motion to recommend approval of this ordinance amendment. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Ordinance Amendment - Article II, Section 21 -11 (F). ORDINANCE AMENDMENT - Article I, Section 21- 5(a)(2) An ordinance to amend the Frederick County Code, Chapter 21, Zoning adopted July 12, 1978, to amend Article I, Section 21- 5(a)(2) to read as follows: Section 32- 5(a)(2) - Every petition or application or reapplication for rezoning shall be accompanied by a fee in the amount of one hundred dollars plus one dollar per acre to cover the costs of advertising and other expense connected with the processing of a petition or application or reapplication. Every application or reapplication for rezoning shall be signed by the landowner and applicant (if the applicant is not the landowner). Mr. Brumback made a motion to recommend approval of this ordinance amendment. This was seconded by Mr. Golladay and passed unanimously. 1290 -12- BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Ordinance Amendment - Article I, Section 21- 5(a)(2). ORDINANCE AMENDMENT - Section 18 -2(c) An ordinance to amend the Frederick County Code, Chapter 18, Subdivision, adopted October 13, 1976, to amend Article I, Section 18 -2, Subdivide, by the addition of (c) as follows: (c) Except for those provision listed above under (a), (1), and (2) the subdivision of land within an Agricultural and Forestal District legally established under Title 15.1, Chapter 36, Sections 15.1 -1506 through 15.1 -1513, Code of Virginia (1950), as amended, is prohibited. After a short discussion, Mr. Golladay made a motion to recommend approval of this ordinance amendment to the Board of Supervisors. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Ordinance Amendment - Section 18 -2(c). Discussion of Ordinance Amendment Regarding Lodges & Civic Clubs Mr. Riley explained that this ordinance amendment was being proposed by the Benevolent and Protective Order of Elks, Winchester Lodge No. 867 and that it had been revised to allow Nationally Chartered Fraternal Lodges and Civic Clubs and their related club facilities in an Agricultural Zone with a conditional use permit. Mr. Brumback made a motion to proceed with advertising of this ordinance amendment. This was seconded by Mr. Kirk and passed unanimously. 1291 -13- Mr. Golladay next stated that the next Comprehensive Plan Update Subcommittee Meeting would be Monday, March 23, 1981, at 11:30 a .m. There being no further business to come before the Planning Commission, Mr. Golladay made a motion to adjourn. This was seconded by Mr. Kirk and passed unanimously. Respectfully Submitted, ( 2 - �—- JoEn R. Riley Se retary W• •• 1292