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PC_08-05-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, August 5, 1981. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; A. L. Myers; James Golladay; Manuel DeHaven; W. French Kirk; Domenic Palumbo; Kenneth Stiles. ABSENT: George Romine; Herbert Sluder. CALL TO ORDER The Chairman called the meeting to order. The first order of business,: consideration of the minutes of July 15, 1981. Mr. DeHaven noted that on page 14, Mr. Donald Kline should be spelled Mr. Donald Cline. Mr. Palumbo noted that in the resolution on page 15, except should be accept. Mr. Golladay noted that on page 17, tenth line, seperate should be separate and on line 14, zeroed rifles should be zeroed -in rifles. There being no further corrections, Mr. Golladay motioned that the minutes of July 15th be approved as corrected. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT Mr. Golladay inquired as to the location of Patricia Abbott under conditional use permits pending. Mr. Riley noted that the location is on Route 616 on the right. The Chairman next accepted the Bimonthly Report as information only. SITE PLANS Site Plan Request No. 012 -81 of Dennis T. Cole, zoned B -2, Commercial, in the Stonewall Magisterial District. ACTION - Approval The Secretary gave the background information. 1393 -2- Mr. Riley noted that the applicant has already graded and compacted the site and has installed two entrances on Route 7. Mr. Cole came forward and introduced himself to the Commission. Mr. Cole stated that he cannot start construction until he has 75 % -80% occupancy. Mr. Golladay inquired if this project replaces the restaurant. Mr. Cole replied in the affirmative. Mr. DeHaven next moved for approval. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby approve site plan request no. 012 -81 of Dennis T. Cole. Dr. Donald Lacy from Virginia Polytechnic Institute in Blacksburg, Virginia, came forward and spoke with the Commission about citizen involvement in the update of the Comprehensive Plan. Dr. Lacy noted that the people at Virginia Tech will be happy to assist the Subcommittee in determining different methods for surveying the Community and afterwards, will help in the tabulation of information. Dr. Lacy explained that he and his colleagues will be happy to answer any questions without interfering in the affairs of the County. Subcommittee Meeting Announcement 1394 -3- Mr. Golladay announced that the next Subcommittee meeting is scheduled for August 19th at 11:30 a.m. to be held in the conference room. Commission Retires into Executive Session Upon motion made by Mr. Golladay, seconded by Mr. DeHaven and passed unanimously, the Frederick County Planning Commission does hereby retire into Executive Session in accordance with Section 2.1- 344(a)(1) to discuss personnel matters. Commission Withdraws from Executive Session Upon motion made by Mr. Brumback, seconded by Mr. Golladay and passed unanimously, the Commission withdrew from executive session. --------------- --- PUBLIC HEARINGS Conditional Use Permit No. 011 -81 of Jerry A. & Kathy C. Harris for a home occupation /accessory structure in the Stonewall Magisterial District. ACTION - Approval The Secretary read the background material. Mrs. Harris came forward and introduced herself to the Commission. Mrs. Harris requested that the hours of operation be approved for 6:00 p.m. to 10:00 p.m. on weekdays, daylight hours on Saturdays, and 1:00 p.m. to 6:00 p.m. on Sundays. Mrs. Harris stated that Mr. Boles was her closest neighbor and his property was about 300 to 400 feet from her house. In answer to Mr. Palumbo's question, Mrs. Harris stated that this request was for a lawnmower repair shop and, hopefully, chainsaws during the winter. 1395 -4- In answer to Mr. Golladay's inquiry, Mrs. Harris stated that all work will be done inside the garage. Chairman Gordon next asked Mrs. Harris to explain the equipment rental situation. She stated that Mr. Harris would like to buy a few mowers to rent to customers while their mowers are being repaired. Mr. Golladay stated that he didn't see a problem with loaning mowers, but renting would be more commercial in nature and not suitable for this zone. Mrs. Harris next questioned the possibility of having daylight hours during the week if Mr. Harris decided to make the repair shop a full time occupation. Mr. Horne explained that a business for home occupation must be secondary to the residential use of the house. There being no one in the audience wishing to speak in favor or opposition to this request, Mr. Stiles motioned to approve this conditional use permit with conditions. This was seconded by Mr. Brumback and passed by the following majority vote: YES - Messrs. Golladay, Brumback, Myers, Deflaven, Romine, Palumbo, Stiles NO - Mr. Kirk BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of conditional use permit no. 011 -81 of Jerry A. & Kathy C. Harris for a home occupation /accessory structure for small engine repair with the following conditions: 1396 -5- 1. This be a one year permit to be reviewed annually by the staff, Planning Commission and Board of Supervisors. 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'shall be employed. 4. On -site parking shall be provided. 5. Hours of operation shall be 6:00 p.m. to 10:00 p.m. weekdays, daylight hours on Saturdays and 1:00 p.m. to 6:00 p.m. on Sundays. 6. All outside storage shall be screened. At this point in the meeting, Mr. Stiles took leave. Conditional Use Permit No. 012 -81 of Benjamin Connor for a home occupation /accessory structure for a retail gun shop and gunsmith service, including general repair and custom work. ACTION - Tabled The Secretary gave the background information. Mr. Riley noted that from previous discussions on this request, it appears that this operation creates an adverse impact on the agricultural district in the area. Mr. Riley further added that Mr. Connor was not able to attend because of a personal matter and would like to have this request tabled for 2 more weeks. 1397 -6- Mr. Palumbo next motioned to table the request for two weeks. This was seconded by Mr. Kirk and passed by the following vote: YES - Messrs. Palumbo, Myers, Golladay, DeHaven, Kirk, Gordon ABSTAIN - Mr. Brumback After further discussion on the matter, Mr. Brumback motioned to rescind previous action in order for action to be taken on this request immediately. This was seconded by Mr. Kirk and passed by the following majority vote: YES - Messrs. Kirk, DeHaven, Palumbo, Brumback, Myers, Gordon NO - Mr. Golladay Mr. Brumback next motioned that this conditional use permit be denied. This was seconded by Mr. Kirk and defeated by the following vote: YES - Messrs. Kirk, Myers, Brumback NO - Messrs. DeHaven, Golladay, Palumbo, Gordon Mr. Palumbo then motioned to approve the conditional use permit for the gun shop only and to deny any outside firing. This motion died for a lack of a second to the motion. After further discussion, Mr. Myers motioned to table this request until the 19th of August. This was seconded by Mr. Kirk and passed with the following vote: YES - Messrs. Palumbo, Myers, Golladay, DeHaven, Kirk, Gordon, NO - Mr. Brumback 1398 -7- BE IT RESOLVED, That the Frederick County Planning Commission does hereby table conditional use permit request no. 012 -81 of Benjamin Connor until the August 19th meeting. ORDINANCE AMENDMENT'S An Ordinance to amend the Frederick County Code, Chapter 18, Subdivision, adopted October 13, 1976, to amend Article I, Section 18- 2(A)(3); and Article III, Section 18 -30. ACTION - Approval The Secretary read the background material. There being no one in the audience wishing to speak in favor or opposition to this amendment change, Mr. Brumback motioned for approval. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the ordinance to amend the Frederick County Code, Chapter 18, Subdivision, adopted October 13, 1976, to amend Article I, Section 18 -2 (A)(3); and Article III, Section 18 -30 as follows: Article I, Section 18- 2(A)(3) - the division of land into lots or parcels of land of five or more acres zoned Agricultural. In this case, a plat shall be submitted to the Administrator. This plat shall include a signature line to signify the approval of the Health Official of all lots as to their suitability for sewage disposal; and a signature line for the signature of the Administrator. Article III, Section 18 -30 - Where public water or sewer is available at the property (as defined in the Frederick County Subdivision Ordinance) the service shall be extended to all lots within said property. (as defined) iscussion of Ordinance Amendment, Chapter 21, Zoning, to Amend Article Mr. Riley stated that this amendment change will be presented to the Planning Commission at the August 19th meeting and on August 27th it will be presented to the Board. 1399 ME The Planning Commission informally agreed with this change as presented and gave the staff authorization to proceed with it. ssion of Ordinance Amendment, Chap action 21 -103 and Article XXII. Se 21, Zoni n 109 to Amend Article The Planning Commission gave informal authorization to proceed with the advertising on these two amendment changes. VARIANCE APPLICATIONS Discussion of David Holliday Variance Application Mr. Horne gave the background information on this request for a series of lot area and lot width variances. Mr. Horne noted that the applicant wishes to subdivide the property into four housing lots. Primarily due to the requested right -of -way width for the proposed road, the applicant feels that he could riot economically finance the road construction and maintain the required lot area and lot widths. Mr. Horne stated that these lots would be smaller than what is normally allowed in an R -3 zone. It was the general concern of the Commission that this request represented possible precedent setting issues on lot size reduction. The Commission felt that since there are a number of existing right -of -way situations similar to this case throughout the County, it could have serious implementations in other existing subdivisions if lot size reduction is allowed. Mr. Riley noted that there are other options which could be considered by the applicant which would allow this type of proposal without seeking a variance. 1400 I -9- Mr. Brumback motioned that the Commission present written communication along with representation to the Frederick County Board of Zoning Appeals to express their disapproval of this variance application. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Variance Application No. 003 -61 of David Holliday to the Frederick County Board of Zoning Appeals. Discussion of Ernestine Hoo Variance Application Air. Horne gave the background information on this request for two lot area variances; 45,623 square feet and 29,411 square feet. Mr. Horne stated that the Hoovers wish to sell the commercial establishment on tract "A" and retain the house on tract "B ". The original tract must be subdivided in order to accomplish this sale and there is insufficient lot area to establish two tracts which will meet the minimum lot area requirement of 70,000 square feet. The Commission assumed no position on this request. Discussion of James M. Ross Variance Application Mr. Horne gave the background information on this request for a series of side yard variances on two lots. Mr. Horne stated that the applicant has purchased two lots with limited lot widths and he wishes to build single family homes on the lots. The Commission assumed no position on this request. 1401 -10- There being no further business to discuss, Mr. Golladay moved to adjourn. This was seconded by Mr. Kirk and passed unanimously. ully Submitted, . Riiey, Secr . Langpon uoroon, (.�nairman 1402