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PC_12-16-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' meeting room, December 16, 1981. PRESENT: Frank Brumback, Chairman; James Golladay, Vice Chairman; Carl McDonald; M. Domenic Palumbo; A. L. Myers; Kenneth Stiles; Manuel DeHaven; W. French Kirk; George Romine. CALL TO ORDER The first order of business, the consideration of the minutes of December 2, 1981. There being no corrections, Mr. Golladay moved for approval. This was seconded by Mr. Romine and passed unanimously. BIMONTHLY Chairman Brumback accepted the Bimonthly Report as information only. SITE PLANS Site Plan Request No. 014 -81 of Building One Partnership, zoned B -2, Business - General, in the Shawnee Magisterial District. ACTION - Approval The Secretary gave the background information. Chairman Brumback inquired if all easements had been secured. Mr. Horne replied that there are no additional easements. Mr. Horne stated that drainage will go directly into ditches on the right -of -way. Mr. Horne further noted that the improvements are extensive and he felt they would be adequate to handle the drainage. The petitioners next came forward and introduced themselves to the Commission. They were: Crawford Hinman of Hinman Construction 1459 -2- Company in Stephens City; Langdon Gibson of Gibson and Kinter in White Post; John Kinter of Gibson and Kinter in White Post. Mr. Romine inquired as to the total square footage. Mr. Kinter noted that the site was approximately 21,000 square feet and the proposed buildings would be two story. In answer to Mr. Golladay's question on the type of offices proposed, Mr. Kinter stated that for the first building they already have 708 occupancy. Mr. Kinter noted that he has in his possession signed leases from a real estate firm, a building supply, a phone answering service, a secretarial service, and a construction firm. Mr. Kinter stated that these are the type of service businesses that will comprise the offices. Mr. Stiles next inquired as to how much of the lot would be covered by either buildings or paved parking. Mr. Kinter replied that the property consists of one acre and there is a total of 55 parking spaces. Mr. Horne explained that outside of the extreme southern portion of the property, the site will be entirely covered either by pavement or under roof. Mr. Horne further explained that there are no provisions under the B -2 ordinance for maximum lot coverage. Mr. Stiles asked if the parking space could be reduced and Mr. Kinter stated that the parking space is presently at the minimum required for the office buildings proposed, but this is far in excess of what is actually needed. Mr. Kinter added that by the time he gets to the third building, he will have run out of parking space requirement. 1460 -3- Mr. Palumbo inquired if any of the land surrounding the site was owned by the petitioners and Mr. Kinter replied that there was not. Mr. Kinter further commented that there is only one half -acre lot between the site and the house. Mr. Horne next read the requirements recommended by the Highway Department. Mr. Myers asked the petitioners if they understood the conditions read to them and he also asked the petitioners if they thought the requirements were feasible. Mr. Kinter replied that they understood what they must do. Mr. Horne noted that the run -off goes into a ditch, crosses under the road into another ditch, then gets onto the 81 right -of -way and from there it spreads into a grassy area. There being no one wishing to speak further, Mr. Romine moved for approval. This was seconded by Mr. Palumbo and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan Request No. 014 -81 of Building One Partnership, zoned B -2, Business - General, in the Shawnee Magisterial District. Mr. Palumbo next requested that the Secretary compose a draft for a zoning amendment for maximum coverage on business land. It was agreed that this item be addressed by the Ordinance Subcommittee and tied in with the Update of the Comprehensive Plan. LAND USE POLICIES Mr. Horne next presented a copy of the revised version of land use policies for the disposition of urban and rural land. 1461 -4- Mr. Golladay stated that the land use policies do institute the carrying capacity concept. Mr. Horne stated that it is basically a two stage process. The first stage is the assessment of a site as to its suitability for a residential subdivision, for example, as oppossed to agricultural or forestal use. Mr. Horne added that along with individual characteristics of the site, general policies on rural or urban development are considered. The second stage comes after approval is made and is a performance section. This considers the ideal placement on the property for houses, roads, open space, etc.. The Commission agreed to study the policies further and discuss them at the next worksession. Mr. Stiles next presented an article on the land application of sludge as a means of sludge disposal and an article on Farm Bureau policies. Mr. Stiles asked that copies be made for all Commission members. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, the Commission unanimously approved to include in the minutes their appreciation of Mr. Reginald King of the Highway Department. The Commission wishes to thank Mr. King for all the courtesies and help that he has extended to the Commission. PUBLIC HEARING Zoning Petition No. 009 -81 of Fort Collier Farms, Inc.; Shockey Realty; and Harry W. Aikens and Walter Aikens requesting that 2.21 acres now zoned R -3 and B -2 to be rezoned to M -1 in the Stonewall Magisterial District. 1462 -5- ACTION - Approval The Secretary gave the background information. In answer to Chairman Brumback's inquiry on what the Comprehensive Plan calls for in this area, Mr. Horne replied that the area is a mixture of commercial and industrial use. Mr. Benjamin Butler, attorney, came forward and stated that he represented the applicant. In answer to Mr. Golladay's question on who the surrounding property owners were Mr. Butler replied that lots A, B, & C were owned by Harry W. Aikens and the tract containing 42,986 square feet owned by Fort Collier Farms, Inc., is presently under contract of sale to Shockey. It is the intention of Shockey Realty to combine this tract with the existing use of the property behind it and list it as Shockey Realty on the plat. Mr. Butler added that there remains one small tract of land on the west side of Martinsburg Pike owned by Mr. Fuller. Mr. Butler stated that the petitioners are requesting a rezoning of all tracts of land owned by the them to reflect what actually exists there presently. He further added that there will be no change in use. Chairman Brumback inquired if there was anyone who wished to speak in favor or opposition to the rezoning. Mr. Robert Fuller came forward and introduced himself to the Commission. Mr. Fuller stated that he uses a joint driveway situated between his property and the petitioners and would like to know how the rezoning will affect him. Mr. Horne replied that he assumed a joint residential /industrial driveway would not be allowed. With regard to 1463 the placement of the structure, it would have to be a minimum of 75' from the Fuller property. Mr. Palumbo asked Mr. Fuller if he was satisfied with the explanation and Mr. Fuller replied that he was. Mr. Palumbo next asked Mr. Fuller if he had any objection to the rezoning and Mr. Fuller replied that he was not really in favor of it. Mr. Stiles noted that the rezoning is for five separate parcels of land which are: 21, 23, and 24 owned by Aikens; 43 owned by Shockey Realty; and 27 owned by Fort Collier. There being no one else wishing to speak, Mr. DeHaven moved for approval. This was seconded by Mr. Palumbo and passed unanimously. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval to the Board of Supervisors for Rezoning Petition No. 009 -81 of Fort Collier Farms, Inc., Shockey Realty, and Harry W. Aikens and Walter Aikens consisting of 2.21 acres to be rezoned M -1 (Industrial Limited) in the Stonewall Magisterial District. Rezoning Petition No. 010 -81 of Gary A. and Rebecca H. Dolphin consisting of 2.843 acres now zoned R -3 to be rezoned B -2, in the Stonewall Magisterial District. ACTION - Tabled The Secretary gave the background information. Mrs. Rebecca H. Dolphin came forward and introduced herself to the Commission. Mrs. Dolphin stated that their business started out as a hobby and has grown. She commented that last year they went into business for themselves and applied for a tax license. Mrs. Dolphin noted that she was under the impression that her property was zoned business, however, she discovered it had been downzoned to Residential -3. Mrs. Dolphin stated that she had reviewed the plat published in the paper and did not notice that her property was -7- downzoned. She continued, stating that she was under the impression that only the area behind hers had been downzoned and the downzoning did not effect her. Mrs. Dolphin stated that the Computer Center and Paramount was not downzoned, but their business was. Mrs. Dolphin commented that her business was already established at the time of downzoning and she would like to be rezoned back so she could continue with her business at this location. Mr. Golladay inquired as to what the zoning office told Mrs. Dolphin when she called about the downzoning. Mrs. Dolphin stated that they were told to completely reapply. Mrs. Dolphin commented that she felt she should not have been required to pay another $100.00; but, since they are very much interested in continuing the business, they did reapply. Mr. Golladay next asked Mrs. Dolphin if she was told by the zoning office that she could operate her business in the same manner as before without the rezoning. Mrs. Dolphin explained that she was told they could operate in the same manner, but if the business grew, they would have to be rezoned. Mrs. Dolphin commented that her business is growing and they may soon have to move into the garage. In answer to Chairman Brumback's question, Mr. Horne replied that Mrs. Dolphin is not permitted to employ anyone outside the immediate family and the business must remain secondary and incidental to the residential use of the property. Mrs. Dolphin explained that she did plan on hiring outside people. Mr. Stiles felt that at the time the area was downzoned, the Commission was not aware that the Dolphin's business existed. Mr. 1465 am Stiles also felt that the site distance should be addressed by the Highway Department and not the Commission. Mr. DeHaven suggested that the applicant be refunded the money she paid for the rezoning application, since he felt the Commission had been in error. Mr. Horne explained that the Highway Department does not address site distance until the site plan is presented. Mr. Horne stated that when the Commission rezones an area, they have given the right to develop. Mr. Horne also noted that it has not been established that the Dolphins did have a B -2 business; but at the time, they had what they presently have or something less, which is a home occupation. Mr. DeHaven inquired of Mrs. Dolphin if she had a tax number at the time and Mrs. Dolphin replied that she did. Mr. Golladay commented that the section of road along which Mrs. Dolphin's property is located is probably the most dangerous section along Route 7. Mr. Myers inquired of Mrs. Dolphin if she had a business at Delco Plaza at the time of rezoning and Mrs. Dolphin stated that she had a business at Delco Plaza and also at her house. Mrs. Dolphin replied that she does not have the business at Delco Plaza now. Mr. Golladay suggested that it may be time to look at this area for comprehensive rezoning back to B -2, if the area has changed sufficiently. There being no one present wishing to speak further, Mr. DeHaven moved to approve the rezoning application. This was seconded by Mr. Stiles and the motion lost by the following vote: 1466 YES: Messrs. Palumbo, Stiles, DeHaven, Kirk NO: Messrs. McDonald, Myers, Golladay, Romine, Brumback Mr. Golladay next moved to have the staff study the area in question for comprehensive rezoning. This was seconded by Mr. Palumbo and passed unanimously. Mr. Stiles moved to table further consideration of the request until the meeting on January 6, 1982. This was seconded by Mr. Golladay and passed by the following vote: YES: Messrs. Stiles, Palumbo, Golladay, Romine, Kirk, DeHaven, Brumback NO: Messrs. Myers, McDonald BE IT RESOLVED, That the Frederick County Planning Commission does hereby table until January 6, 1982, rezoning application #010 -81 of Gary A. & Rebecca H. Dolphin in the Stonewall Magisterial District. Conditional Use Permit No. 017 -81 of Preston R. Whitacre for a public garage in the Back Creek Magisterial District. ACTION - Approved The Secretary gave the background information. Mr. Preston Whitacre came forward and introduced himself to the Commission. Mr. Whitacre explained that presently he operates a garage in town. He further explained that he does not plan to operate this new garage immediately but would like to have permission to use it for the future. Mr. Whitacre further added that the existing garage on his property is about 30' x 59', there is a hard surfaced drive, ample parking, and it has a 150' frontage and 300' depth. Mr. Golladay asked Mr. Whitacre if there would be outside storage and Mr. Whitacre replied that there would be none. 1467 -10- Mr. Golladay inquired of Mr. Whitacre if he had operated the garage on his property previously. Mr. Whitacre stated that the garage was in operation during 1963, 1964, 1965, and part of 1966. Mr. Stiles asked if there would be gas pumps and Mr. Whitacre replied in the negative. Mr. Golladay asked Mr. Whitacre if he understood the conditions pertaining to the permit and Mr. Whitacre replied that he did. There being no one present wishing to speak further, Mr. Palumbo moved to approve the application with the conditions listed, except for number four, which should read, "daylight hours of operation ". This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve conditional use permit no. 017 -81 of Preston R. Whitacre for a public garage in the Back Creek Magisterial District with the following conditions: 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. On -site parking and maneuvering area shall be provided. 4. Daylight hours of operation. Conditional Use Permit No. 018 -81 of Elmer H. Lauck for a public garage in the Gainesboro Magisterial District. ACTION - Approved The Secretary gave the background information. i Q­ -11- Mr. Elmer H. Lauck came forward and introduced himself to the Commission. Mr. Lauck noted that the existing building is 12' x 24'. Mr. Romine inquired of Mr. Lauck if he was just converting a private garage to a public garage and Mr. Lauck replied in the affirmative. Mr. Golladay asked Mr. Lauck if he understood the conditions and Mr. Lauck replied that he did. In answer to Mr. Stiles' question, Mr. Lauck noted that he has an 18' right -of -way. There being no one present wishing to speak in either favor or oppostion to the request, Mr. Myers moved that the application be approved with the first three conditions listed under planning. This was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve application no. 018 -81 of Elmer H. Lauck for a public garage in the Gainesboro Magisterial District with the following conditions: 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. On -site parking shall be provided. Conditional Use Permit No. 019 -81 of Craig D. & Seri K. Kern for a pet grooming shop in the Gainesboro Magisterial District. ACTION - Approved The Secretary gave the background information. 1469 -12- Seri K. Kern came forward and introduced herself to the Commission. Mrs. Kern stated that the building behind the house seems attached, but is only one foot away and she stated that she would like to enclose it. Mrs. Kern further noted that she has been grooming dogs for her family and now she would like to groom dogs for the public to earn some extra money. In answer to Mr. Romine's question, Mrs. Kern stated that the dog runs are presently existing and are only for her own dogs. Mrs. Kern commented that she would eventually like to hire a person to help her. In answer to Mr. Golladay's question, Mrs. Kern stated that she has never had complaints from neighbors about her dogs and she is on good terms with her neighbors. In answer to Mr. Myers question, Mrs. Kern stated that she understood the conditions. There being no one present wishing to speak further, Mr. Romine moved to approve the conditional use permit with all conditions listed under Planning and Development except number four. This was seconded by Mr. Palumbo and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve conditional use permit number 019 -81 of Craig D. & Seri K. Kern for a pet grooming shop in the Gainesboro Magisterial District with the following conditions: 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. On -site parking shall be provided. 1470 -13- Discussion of to Section 21 -13.1 and 21 -1 of the Ordinance ations for Tractor Trailers. The Secretary read the proposed draft for the ordinance amendment and the Commission agreed to advertise the revision for public hearing on the 20th of January. There being no further business to discuss, Mr. Golladay moved for adjournment. This was seconded by Mr. Stiles and passed unanimously. Respectfully Submitted, John T. P. Horne, Secretary Frank BrutUack, Chairman 1471