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PC_05-06-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 5/6/81. PRESENT: Messrs. C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; Kenneth Stiles; Col. A. L. Myers; James Golladay; Manuel DeHaven; W. French Kirk; Herbert Sluder; George Romine. ABSENT: Mr. Domenic Palumbo CALL TO ORDER The Chairman called the meeting to order. Chairman Gordon first welcomed Mr. George Romine as the newest appointee of the Planning Commission. Chairman Gordon stated that the entire Commission is looking forward to Mr. Romine's assistance and expertise. Mr. Riley next introduced Ms. Renee' Arlotta as the new Office Manager of the Permit Center and further stated that Ms. Arlotta will be taking the minutes of the Planning Commission and the Board of Zoning Appeals. Mr. Stiles noted that he is now officially able to vote again at this and future Planning Commission meetings. The next order of business, consideration of the minutes of January 7, January 21, January 22, January 27, February 4, February 24, March 4, and April 1. First, Mr. Riley made note of a number of typographical errors throughout the minutes. Next, Mr. Golladay inquired if Mr. Stiles' land use taxation request was completed. Mr. Riley stated that this request is in the process of being completed. Mr. Golladay questioned whether the Sunrise Play School had met with the conditions of their permit. Mr. Riley stated that he would check into the matter. Mr. Stiles noted that the January 22 meeting was not an official meeting of the Planning Commission and therefore, should not be included in the minutes. 1316 -2- Mr. Golladay made a motion to approve all the minutes as corrected, with the exception of the January 22 meeting, which should be deleted. This was seconded by Mr. Stiles and passed unanimously. BIMONTHLY REPORT In answer to Mr. Golladay's question, Mr. Riley stated that under Rezonings Pending, Fredericktowne (Donald Packard) requesting R -3 to R -6 was tabled until the May 20th meeting and Fredericktowne (Lewis Costello) requesting B -1 to R -6 is located between Rt. 647 and Interstate 81. Chairman Gordon next accepted the Bimonthly report as information. SITE PLANS Site Plan Request No. 003 -81 of Al Jacobin, zoned B -2 in the Shawnee Magisterial District. ACTION - Tabled The Secretary first gave the background information. Mr. Stiles asked what the County's policy was for approving a commercial entrance on a private right -of -way and also, what the County's policy was regarding additional hookups to City water & sewer. Mr. Riley explained that the right -of -way was approved when Wendy Hill Subdivision was submitted and the road was constructed to State standards but has not been taken into the State system as of yet. In regard to water & sewer hookups, Mr. Riley explained that if there are no main extensions involved and if water and sewer are available, he assumed it would be satisfactory. Mr. Horne added that there would be no way to subdivide the property if water & sewer were not available. 1317 -3- Chairman Gordon commented that when this policy was established, there was an agreement between the City and County of a certain number of allotments of old allowables and this fit in that general area. Chairman Gordon further explained that there was a certain number of hookups to the City system even on vacant land and the Commission needs to know what the allotment basis was. Mr. Jacobin came forward and introduced himself to the Commission. Mr. Jacobin stated that in regard to the private entrance inquiry, the right -of -way existing presently has been approved for another building and there is already an existing business across the street. Chairman Gordon suggested that this may come under the same category as a residential subdivision whereas, three houses are required before the State will accept it into the system. Since the main question of concern at this time was whether or not the Highway Department would take over what is there presently, Mr. Stiles suggested that the Commission obtain statements from the Highway Department and the City. Mr. Stiles next requested the staff to research both issues and report back to the Commission. Mr. Brumback next made a motion to table this site plan request for two weeks due to the lack of information. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table this site plan request of Al Jacobin for two weeks. 1318 -4- Conditional Use Permit No. 005 -81 of Charles A. Strother, Sr. requesting a home occupation /accessory structure for used car sales and parts. ACTION - Approved with conditions The Secretary first read the background information and further added that the issue here was whether to allow used car lots in areas zoned other than commercial. Mr. Strother came forward and introduced himself to the Commission. Mr. Strother explained that he would like to eliminate the parts business and operate just the used car sales portion of the business. Mr. Strother added that he would limit himself to five cars on his lot. Chairman Gordon asked if there was anyone in the audience either in favor or opposition to this request. Mr. James Patton came forward and introduced himself to the Commission stating that he was a neighbor. Mr. Patton commented that speaking for himself and Mr. Strother's other neighbors, they were all willing for Mr. Strother to have the used car sales and would like to see it. Mr. Patton also stated that the neighbors believe he will keep a clean place. Mr. Patton further added that he thought five cars would be good and Mr. Strother has a nice building where he will put an office and has promised to do all work inside. Mr. John McCauley came forward and introduced himself to the Commission and commented that he believes Mr. Strother will keep an orderly place. 1319 -5- Mr. UeHaven suggested that this area be spot zoned to accomodate Mr. Strother since three or four small businesses already existed in the area. Mr. Stiles commented that if the Commission did this and several years afterward Mr. Strother retired, then any business under B -2 could move there. Chairman Gordon asked Mr. Strother if he could accomplish what he wanted by selling the cars at some other location and do repair work or parts inside the garage. Mr. Strother replied that he did not want to do this. Mr. Horne suggested that the Commission use the Comprehensive Plan as a justification to rezone. Mr. Riley further added that the Comprehensive Plan is a vehicle to implement community service zones, but has not been adopted as of yet. Mr. Riley explained that under this concept, mixed -use occupancy is addressed and new facilities are not constructed, but existing facilities are utilized. Mr. Stiles suggested that the Commission review this request as a conditional use permit to renew a non - conforming use. Mr. Riley explained that it is necessary to work on non - conforming situations on the effective date of the most recent ordinance, otherwise the Commission would be dealing with situations too many years old. Mr. Riley added that with regard to this situation, the most recent ordinance is not within a reasonable time frame. After much discussion, the Commission expressed concern that this was a difficult situation and a prime example of precedent setting. 1320 Mr. Myers next motioned to approve this conditional use permit request with the conditions listed under Planning with the exception of number six, which would read, "No more than five automobiles ". This was seconded by Mr. Stiles. Mr. Golladay called for the question and the vote was as follows: YES: Messrs. Stiles; Myers; DeHaven; Rirk NO: Messrs. Golladay; Brumback; Gordon ABSTAIN: Mr. Romine BE IT RESOLVED, That the Frederick County Planning Commission by a majority vote does hereby recommend approval of this conditional use permit with the following conditions: 1. This be a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and Board of Supervisors from the date of final approval. 2. No one except members of the immediate family residing on the premises may be employed on the site. 3. All work shall be performed within the enclosed building and all outside storage must be fully screened. 4. 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. 5. Off - street parking shall be required. 6. No more than five automobiles. Conditional Use Permit No. 004 -81 of Granville McCauley requesting a public garage to repair marine engines in an existing garage. ACTION - Approved with conditions The Secretary gave the background information. 1321 -7- Mr. McCauley came forward and introduced himself to the Commission. In answer to Mr. Riley's question, Mr. McCauley stated that he has one employee who is also the resident of the trailer. In reply to Mr. Golladay's inquiry, Mr. McCauley stated that if the motor is small the customer usually will bring it to him in the trunk of their car, but if it is a large motor they bring in their whole boat. In answer to Chairman Gordon's question, Mr. McCauley stated that he is 200 yards from Rt. 522 and Rt. 654, his lot is one acre, and he has 100 foot frontage. Chairman Gordon asked if there was anyone in the audience in favor or opposition to this request. Mr. Strother, a neighbor, came forward and stated that he was in favor of this operation. In answer to the question posed by Mr. Golladay, Mr. McCauley stated that all work would be done inside with the exception of the test tanks for large motors, which are outside. Mr. Riley commented that in respect to noise level, this area is medium density and units are between 75 to 10U foot apart. Mr. Myers moved to approve this conditional use permit request with conditions. This was seconded by Mr. DeHaven. Mr. Golladay called for the question and the vote was as follows: YES: Messrs. Stiles; Myers; Golladay; DeHaven; Gordon; Romine; Kirk NO: Mr. Brumback 1322 BE IT RESOLVED, That the Frederick County Planning Commission by a majority vote does hereby recommend approval of this conditional use permit with the following conditions: 1. This be a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and Board of Supervisors from the date of final approval. 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 and resident of the trailer on the premises shall be employed on the site. 4. No connection shall be made from garage to existing drainfield and the existing pit privy must be upgraded and approved by the Health Department. 5. All repair work must be done inside and any outside storage must be screened. Ordinance Amendment An ordinance to amend the Frederick County Code, Chapter 21, zoning, adopted July 12, 1978, to amend Article XV -1, Section 21 -132.2 (b) and to amend by the addition to Article III, Section 21 -16 (w) and Article IV, Section 21 -26 (y). With regard to Article XV -1, Section 21 -132.2 (b), Mr. Golladay questioned the size of the operations and the type of storage proposed. Mr. Riley replied that this would be small quantity storage on a temporary basis. Mr. Riley added that petitioners must have their 1323 -9- Erosion & Sedimentation Control plan and site plan approved before starting and also, file plans with the Planning Commission when they file with the State. Mr. Golladay made a motion to approve this ordinance amendment and this was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this ordinance amendment to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend Article XV -1, Section 21 -132.2 (b) and to amend by the addition to Article III, Section 21 -16 (w) and Article IV, Section 21 -26 (y) as follows: Article III Section 21 -16 (w) and Article IV, Section 21 -26 (y) - Oil and Natural Gas Exploration: Provided the requirements as outlined under Title 45.1, Chapter 12 (Oil and Gas) of the Code of Virginia, 1950, as amended have been satisfied and the Planning Commission has reviewed and approved the Site Plan and Erosion and Sedimentation Control Plan. Approval shall be for ninety days with subsequent renewals being approved by the Planning Commission. If a resource is discovered and extraction of the resource is anticipated, the applicant shall file with the Administrator an application for rezoning. Article XV -1, Section 21 -132.2 (b) - Oil and natural gas extraction and or pumping, providing no refining is done on the site. Storage capacity shall be permitted for fuels, gases, liquid oils, liquid asphalts, emulsions and any other petroleum products that are necessary for the marketing of the product. Discussion of Proposed Home for Elderly Mr. Ronald Ward, Mr. Larrick, and Mr. Don Tucker came forward and introduced themselves to the Commission. Mr. Ronald Ward requested this informal discussion with the Planning Commission to discuss a multi - family rezoning proposal for 100 units of elderly housing. The property is located on the west side of Baker Lane adjacent to the Winchester City Limits. Mr. Ward was seeking an informal show of support for this proposal in order to determine the feasibility of pursuing financing through the Virginia Housing Development Authority. Mr. Ward stated 1324 M _,O_ that there is funding available in the quarter for 100 units of elderly housing and a number of localities are competing for this funding. Mr. Ward further noted that a show of support from the Commission for this type of housing could increase the possibility of having this proposal funded in Frederick County. Mr. Riley commented that the staff has done preliminary research on the proposal and found it to be in compliance with the Comprehensive Plan and the adopted policies of the Planning Commission. After reviewing the proposal, the Planning Commission informally endorsed the concept. There being no further business to come before the Commission, Mr. Golladay moved to adjourn. This was seconded by Mr. Myers and passed unanimously. Respectfully Submitted, T., hh R. Riley, Secr tary o Cy �F44r \AA rI C. Lanv on Gordon, Chairman 1325