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PC_02-06-80_Meeting_Minutes MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 2/6/80 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; Elmer Venskoske; W. French Kirk; Manuel C. DeHaven; James Golladay, Jr.; Kenneth Stiles; Herbert Sluder CALL TO ORDER The Chairman called the meeting to order. The first order of business was the consideration of minutes of January 2 and 16, 1980. Mr. Golladay noted two corrections, the first on page 4 (1/2/80 meeting), third paragraph add.the word "and" after recorded and, the second, page 6 (1/16/80 meeting), 5th paragraph change "Commission would" to "Commission could ". There being no further corrections, Mr. Golladay made a motion to approve the minutes as corrected. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT In answer to Mr. Stiles' question, Mr. John Riley confirmed that the townhouses behind Shenandoah Hills had been added on. Mr. Golladay then questioned the Rosedale Baptist Church pending Site Plan. Mr. Riley explained that the church' had applied for a building permit some years ago and the permit had expired. Mr. Riley added that at that time a different use was intended. Mr. Riley further explained that the Department of Inspections put a stop -work on it in.,recent months because there was no permit and the use had changed somewhat. An as -built site plan is being requested to make sure they can meet all setbacks, continued Mr. Riley. Mr. Golladay next asked what the Smith's Hangar Facility entailed. Mr. Riley explained that this is a site plan to:construct..a hangar on the airport property. In answer to Mr. Stiles' question, Mr. Riley explained that this is city property that is leased to an individual, but it is in the County, so he•has to come through the County's building permit process. In essence, they are fulfilling City and County requirements, continued Mr. Riley. Mr. Riley explained that where the ordinance does not require a site plan be submitted to the Planning Commission and Board, the staff is taking the avenue of taking care of it administratively. In answer to Mr. Venskoske's question, Mr. Riley explained that the conditional use permit petition for Robert and Betty Kerns involves an existing garage which is applying for a State Inspection Station. 904 Planning Commission Minutes -2- 2/6/80 Mr. Venskoske questioned how long this building has been there. Mr. Gordon then accepted the Bimonthly Report as information. Chairman Gordon then requested time to extend to the media the Planning Commission's appreciation for their efforts and coverage of the downzoning community meetings. Mr. Gordon then made and read a formal motion of appreciation which was seconded by Mr. Venskoske and passed unanimously. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recognize the News Media serving the Frederick - Winchester Community for its extensive coverage of the Community Meetings regarding the comprehensive rezoning of Frederick County. BE IT FURTHER RESOLVED, that without this extensive coverage the Planning Conmiission would have been unable to attain the goal of indepth citizen participation in the planning process. Chairman Gordon then opened discussion of conditional use permits. Mr. Riley noted that the lists of conditional use permits both active and inactive have been provided to the Commission members in order that they may again have input for the staff's information. Mr. Riley also explained a visual aide prepared to show mobile home parks and. d�nditiona1 use permits. Mr. John Horne camnented that all mobile home courts or parks may not be reflected, however, all that are on record with the Commissioner of Revenue are reflected. Mr. Venskoske then asked if mobile home park permits were connected with Health Department Permits in any way. Mr. Sluder explained that most of the larger trailer parks come under the Bureau of Water Engineering. Mr. Sluder added that the Health Department could supply a list of those now under permit. 905 Planning Commission Minutes -3- 2/6/80 Mr. Brumback couanented that eight or nine months ago the Planning Commission was considering the listing of all nonconforming uses in the County. Chairman Gordon added that the Commission did not always know if things were legal or illegal. Mr. Brumback suggested that perhaps the County could fund a project to take care of this situation. Mr. Stiles expressed some concern that a project of this type might be considered snooping and a hassling of the citizenry. Mr. Riley suggested that the computer might be used to pick up this information. Chairman Gordon noted that some nonconforming uses would not show up in the information fed to the computer by the appraisors. Chairman Gordon also noted that this was brought up in order to be fair to all citizens of the County. Mr. Brumback added that this is something the staff should be aware of that is of concern to the Commission. In answer to a question regarding the DeHaven conditional use permit, Mr. Riley noted that this situation would need some scrutiny to determine if the use will fit in under a conditional use permit. Mr. Riley further explained that the building permit had not been sent to the zoning office because it was listed as the connecting of two buildings, not a new building. Mr. Riley then also asked why Group 44 applied for a conditional use permit for above ground tanks in an M -1 District when it is not a permitted use in that District. 906 Planning Commission Minutes -4- 2/6/80 Chairman Gordon noted that at the time they made an appearance on this conditional use permit there was a great deal of discussion and the Commission could not come up with a solution to this problem. In answer to Mr. DeHaven's question, Mr. Horne noted that there is presently one trailer in the Earl L. Armel mobile home park. Chairman Gordon then asked staff what they would recommend on the inactive conditional use permits. Mr. Riley noted that where the use has stopped and no activity is on the property, it would be considered an inactive conditional use permit and if another individual would want to pick it up, they would have to come up before the public hearing process. Mr. Golladay noted that the conditional use permits that have gone to court should natbe on the inactive list. Mr. Golladay also suggested that inactive conditional use permit petitioners should be notified as to their change in status. Mr. Riley acknowledged that those that can be notified will be, noting that some of the individuals are no longer in the area. The Planning Commission and staff then formally reviewed the inactive conditional use permit list. PUBLIC HEARINGS Request for a Conditional Use Permit for Powlen Equipment Company, #025 -79, for a construction equipment distributorship and sales office. ACTION - Tabled Mr. Riley first gave background information, noting that the Health Department has been unable to make a determination of the capabilities of the existing sanitary facilities on the property. 907 Planning Commission Minutes -5- 2/6/80 Mr. Les Powlen, President of Powlen Equipment Company then came forward and noted that he was not aware that this conditional use permit would be reviewed annually. Chairman Gordon noted that an annual review was a routine thing which enabled the County to look at it each year to determine compliance. In answer to a question from Mr. Stiles, Mr. Riley noted that a three or five year renewal period on conditional use permits that involve a structure could be considered. Mr. Sluder then commented that their records showed no sewer permit or any record of what had been installed. Mr. Sluder noted that his office had called Mr. Powlen's office and requested that the septic tank and distribution box be uncovered to make sure everything is satisfactory. Mr. Sluder also noted that to date this has not been done. Mr. Lee Potterfield next came forward and noted that he had not received anything in writing regarding this Health Department request and noted that he was not aware of this request. Mr. Sluder explained that a telephone call had been made to the office in Hagerstown, notifying Powlen Equipment Company that the Health Department was requesting the uncovering of the tank and distribution box. Mr. Stiles then made a motion to table further discussion on this conditional use permit until Health Department comments are available to the Planning Commission and suggested this could be heard in two weeks. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission table further discussion on conditional use permit petition #025 -79 for two weeks, until Health Department comments can be made available to the Planning Commission. 908 Planning Commission Minutes -6- 2/6/80 Chairman Gordon next opened discussion regarding right -of -ways for large lot subdivisions, noting that this question has recently been raised. Mr. Riley noted that under paragraph 3, Subdivide shall not include the division of lots or parcel of land five acres or greater. Mr. Riley commented that the question is can the County require a right -of -way width to serve these lots. Mr. Riley explained that the Zoning Ordinance requires that you have road frontage for a building permit. Mr. Stiles commented that the way the Zoning Ordinance is written now, there are no controls of right -of -way or drainage easements for lots over five acres. Mr. Ambrogi noted that right -of -way and roadway are two different things. Mr. Ambrogi commented that this was a debated issue by the Planning Commission and Board and some of the reasoning was that some people wanted to get away from State maintained roads and the intent of the Board was to exempt subdivisions of five acres or more from the minimum State standard roadway requirements. Mr. Ambrogi also acknowledged that a 50 foot right - of way is not a minimum as it is written now. Chairman Gordon commented that the Planning Commission realizes that work is needed in this area and further commented that today we cannot require a fifty foot right -of -way. Mr. Golladay then addressed the subject of the Highway Department running into money problems, attributed to the fact that they do not listen to the Planning Commission and local Boards regarding long range plans. Mr.Gdlladay stated that he felt the Planning Commission and Board should be on 909 Planning Commission Minutes -7- 2/6/80 record urging the State Highway Department to give the local governing bodies the majority say in the long range six and ten year plans. Mr. Stiles stated that he is currently intending to testify before the General Assembly Finance Committee in support of a tax increase on gas and also to note just these concerns regarding distribution of funds of the Highway Department. Mr. Stiles noted that this is only the third year of dealing with the six year plans for highways and expressed that he thought the Board and Planning Commission will have more input in the future. Mr. Golladay then made a motion to have the Planning Commission go on record requesting more local input on the Virginia Department of Highway's six and ten year plan for highway development. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby go on record requesting more local input on the Virginia Department of Highway's six and ten year plan for highway development. Chairman Gordon suggested that it would be in order for the Board of Supervisors to be informed of this action. Mr. Riley acknowledged that this resolution would be forwarded to the Board of Supervisors in their next agenda. Mr. Sluder next stated that the second draft of thesewage regula- tions has been tabled and noted Mr. Hatfield will sit down with the Planning Commission when draft three is available. Mr. Brumback noted that, generally, at this time of year the Planning Commission takes a look at the year's plan of work. By general concensus, the Planning Commission decided it would desire a worksession with just the Planning Commission to go over input from citizenry.on Tuesday, February 12, 1980 at 7:00 p.m. in the Board of Super - 910 Planning Commission Meeting -8- 2/6/80 visors Meeting Room. Chairman Gordon next informed staff that work priorities have always been set and requested that staff provide the same at a,:time in the near future. Mr. Brumback suggested that this plan of action for the year could then be taken to the Board so everyone could be in agreement on a plan of action. Mr. Riley noted that this seems to be the thought: of the new County Administrator also. There being no further business, Mr. Golladay made a motion that the meeting be adjourned. This was seconded by Mr. Kirk and passed unanimously. Re tfully Su .miiitttt/ed, Jo n Ri Rige , C. Lan o or od n, 911