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PC_07-02-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, July 2, 1980 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; W. French Kirk; Manuel C. DeHaven; James Golladay,Jr.; Kenneth Stiles; Herbert Sluder. ABSENT: Elmer Venskoske CALL TO ORDER The Chairman called the meeting to order. The first order of buisness being the consideration of the minutes of May 21, 1980. There being no corrections, Mr. Golladay made a motion to approve the minutes as presented. This was seconded by Mr. Kirk and passed unanimously. BIMONTLY REPORT Mr. Golladay first questioned the location of the conditional use permit request by Mr. Nail. Mr. Riley noted that this was on Route 600, off Route 50 and was for a fix -it shop in an accessory structure. Chairman Gordon accepted the Bimonthly Report as information. ------------------------ DISCUSSION OF ROAD PROFILE OF BAKER EXTENSIO Mr. Riley commented that this Road Profile of Baker Lane was being brought before the Planning Commission to keep the Commission abreast of the road construction in.this area. Mr'. Ronnie Ward, Mr. Bruce Edens and Mr. Largent came forward and introduced themselves to the Commission, explaining that this is an access road off Berryville Avenue and that it will be a part of Fort Collier. Mr. Ward explained that the road profile has been approved by the Virginia Department of Highways and Transportation and will be the first leg to Stine Industrial Park. Planning Commission Meeting -2- July 2, 1980 Mr. Riley explained that the Highway Department has approved a double prime and seal surface and that the Department of Public Works would like to see a bituminous concrete surface. Mr. Riley also explained that when the roadwork is put out to bid, the concrete may be less costly. Mr. Bushman noted that the Highway Department always provides a developer with two alternatives. In answer to Mr. Brumback's question, Mr. Riley explained that there will be three legs in all to this project, the third being the portion requesting Industrial Access Funds. Mr. Brumback made a motion that this Road Profile Review of Baker Lane Extension be accepted as information. This was seconded by Mr. Golladay and passed by the following vote: YES - Brumback, Golladay DeHaven, Kirk (Mr. Stiles was not in attendance for vote) ABSTAIN - Gordon BE IT RESOLVED, that the Planning Commission does hereby accept the Road Profile Review of the Baker Lane Extension as presented as information. Request for Site Plan approval by Valley Flea Market, No. 011 -80, for open air sales, in the Shawnee Magisterial District. ACTION - Approved with condition Mr. Riley first gave background information, noting that the Virginia Department of High*aays and Transportation would require a commercial entrance. Mrs. Kathryn Pisarik came forward and introduced herself to the Commission, noting that portable toilets have been approved. Mrs. Pisarik also noted that this is a five month a year operation. Mr. Riley noted that the concern here is for the health and safety with regard to traffic, etc. ME Planning Commission Minutes -3- July 2, 1980 Mr. Sluder explained that the Health Department felt that there should be permanent toilet facilities, however, because the lease only runs until February, portable toilets were allowed. Mr. Sluder noted that,should a longer lease be entered into, the Health Department would require permanent facilities. In answer to Mr. Brumback's question, Mrs. Pisarik commented that they would only be operating on weekends, possibly sixty days a year. Mrs. Pisarik noted the possibility of an entrance through the Delco Plaza. Mr. Riley commented that he would like to see an entrance installed to serve the market itself. Mr. Bushman also explained that a commercial entrance is the only type of permit that can be issued for an operation of this type. Mrs. Pisarik noted concern that the requirement of a commercial entrance would be cost prohibitive for an operation of this type. Mr. Pangle explained that the entrance is now illegal and that there will be a six month time period to bring it to State specifica- tions. Mr. Pangle suggested that the entrance could be started now with the most costly applications not being done until the lease is renewed. Mr. Pangle noted that the original concern was for the parking of vehicles on Route 522. Mr. Pangle explained that parking signs have been installed in the Parking areas and suggested that State approved No Parking signs be placed on Route 522. Mr. Bushman explained that No Parking signs could only be placed through a recommendation from the State Police. 1082 Planning Commission Minutes -4- July 2, 1980 Mr. Kirk made a motion to approve this site plan request of Valley Flea Market with _ stipulation that within 45 days the application of stone and improvement to culvert be completed. This was'seconded by Mr. Golladay and passed by the following vote: YES - Gordon, Golladay, Kirk, DeHaven, Brumback ABSTAIN - Stiles BE IT RESOLVED, that the Planning Commission does hereby approve the Site Plan Request #011 -80 of Valley Flea Market with the stipulation that within 45 days the application of stone and improvement to culvert be completed. Mr. Brumback next made a motion to contact the proper authorities with regard to No Parking Signs. This was seconded by Mr. Golladay and passed by the following vote: YES - Gordon, Golladay, Kirk, DeHaven, Brumback ABSTAIN - Stiles BE IT RESOLVED, that the Planning Commission does hereby approve the contacting of proper authorities with regard to No Parking Signs on Route 522 at the site of the Valley Flea Market. Request for Site Plan approval by Potomac Edison, No. 010 -80, for a substation in the Back Creek Magisterial District. ACTION - Approved Mr. Riley first gave background information. Mr. Jack Dickinson and Mr. McGee of Potomac Edison came forward and introduced themselves to the Commission. Mr. McGee noted that there would be a minimal amount of travel, no employees and a 30'X 90' fence. Mr. Golladay asked the purpose of this substation. Mr. Dickinson noted that this was to serve the development of the industrial park in the area and the area south of Stephens City. In answer to Mr. Lehman's question, Mr. Dickinson also noted 1083 Planning Commission Minutes -5- July 2, 1980 that this substation was being placed on Industrial Development Authority land. Mr. Brumback made a motion to approve this Site Plan Request of Potomac Edison as presented passed unanimously. This was seconded by Mr. Stiles and BE IT RESOLVED, that the Frederick County Planning Commission does hereby ,approve the Site Plan Request, No. 010 -80, of Potomac Edison Company. Request for Site Plan Approval, No. 012 -80, Timberline Stoves, for a manufacturing and warehouse facility for wood stoves. ACTION - Approved Mr. Riley first gave background information. Mr. Bob Mitchell, representing Mr. Gary VanSickler the contractor /purchaser of the property and the President of Timberline Stoves Company, came forward and introduced himself and Mr. VanSickler to the Commission. Mr. Stiles first questioned the timetable for opening with reference to the availability of water and sewer. Mr. VanSickler explained that January 1, 1981 was the date being considered for both the water and sewer and occupancy, noting that there is a penalty agreement with the seller should services not be available. Mr. Riley noted that, if the work force should expand, additional parking would be required. In answer to Mr. Stiles' question, Mr. VanSickler noted that he presently has thirty employees. Mr. DeHaven made a motion that this site plan request be approved. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby approve Site Plan No. 012 -80 of Timberline Stove Company. Frets. Planning Commission Minutes -6- July 2, 1980 DISCUSSION OF CAPITAL IMPROVEMENT PROGRAM Mr. Riley commented that the Chairman of the Board of Supervisors has appointed a committee on the Capital Improvement Program. Mr. Riley further explained that this committee would like to meet with the Planning Commission as a subcommittee. Mr. Riley stated that he suggested perhaps a worksession meeting in August be arranged. Chairman Gordon suggested that the task of coordinating this 0 meeting could be done by the staff. PUBLIC HEARING Request for a conditional use permit No. 006 -80 of Roger D. Weaver, for a home occupation in an existing structure to repair and refinish furniture, etc. in the Stonewall Magisterial District. ACTION - Recommend Approval w /conditions Mr. Riley first gave background information. Mr. Roger D. Weaver came forward and introduced himself to the Commission. In answer to Mr. DeHaven's question, Mr. Weaver stated that this is an 18''X 28' building next to the house. Mr. Stiles next confirmed with Mr. Weaver that the conditions suggested by the Planning Staff would be acceptable. There being no one present in opposition, Mr. DeHaven made a motion to recommend approval of this conditional use permit request with the following conditions: (1) If the nature of the business changes, additional improvements such as parking, access and hours of operation will be addressed; (2) No employees other than members of the immediate 1085 Planning Commission Minutes -7- July 2, 1980 family residing on the premises shall be employed on the premises; (3) If the use is discontinued, or occupancy of the building changes, this conditional use permit shall expire and a new conditional use permit will be required; (4) This conditional use permit shall be reviewed and renewed annually, provided all conditions placed on this permit have been met. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby recommend approval of Conditional Use Permit No. 006 -80 of Roger D. Weaver with the foregoing conditions to the Board of Supervisors. Request for a conditional use permit No. 007 -80 of Charles and Joyce Adams, for a home occupation /accessory structure to build cabinets, trusses, etc. in the Stonewall Magisterial District. ACTION - Tabled for sixty days Mr. Riley first gave background information, noting that the building appears to be under construction and adding that the Health Department has issued a permit for a sewage disposal system. In answer to Mr, Stiles' question, Mr. Riley noted having no problem with the home occupation and suggested that it should be understood by Mr. Adams that there are regulations on home occupations. Mr. Adams came forward and introduced himeself to the Commission, noting that he is a carpenter and that 85% of the work done will be for his own jobs. Mr. Adams also explained that the building will be closed in and that there will be no traffic generated. Mr. Riley explained that employment from outside sources is in conflict with the Ordinance and its intent of the home occupation. Mr. Sluder explained that a permit has been issued and a system would have to be installed before a certification of occupancy would be issued. 1086 Planning Commission Minutes -8- July 2, 1980 Mrs. Rosaline L. Shoemaker next came forward and introduced herself 1. to the Commission and noted concern with the devaluation of the land and the traffic increase. Mrs. Shoemaker also noted concern with the setting of precedent in the area. Mr. Earl Riddick came foward and questioned the expansion of this operation in the future. Mr. Stiles explained that any expansion would come before the Commission in the form of a Public Hearing. Mr. Riddick also asked for an explanation of a home occupation and the implications this permit would have with regard to industrial use. Mr. Riley explained that the purpose of a home occupation is to allow an individual to operate a business on a limited basis on the premises and restricts uses that might not be compatible with adjacent residential uses. Mr. Riddick next questioned the setting of precedent by allowing this use. Mr. Stiles explained that,by issuing this permit, the Commission would not be establishing a precedent for an industrial or commercial zoning. In answer to Mr. Hosteller's question, Mr. Melnikoff of the Department of Inspections, explained that the classification of "Industrial" is only for his departmental purposes. Mr. Hosteller also noted concern with noise pollution and the prospect that this would set a precedent in the neighborhood. Mr. Adams commented that the only way any person could hear any noise would be to walk near the shop. Mr. Stiles added that there is a natural screen of trees at 1087 Planning Commission Minutes -9- July 2, 1980 Mr. Adam's line. Mr. Riley also noted that it could be required that all work will take place within an enclosed building. Mr. McGrew next came forward and introduced himself to the Commission and commented that he was worried about setting a precedent also, noting that he did not want,to keep Mr. Adams from having an occupation at this home. In answer to a request from Chairman Gordon, Mr. Riley summarized the present staff's feelings as being to recommend approval with the following conditions: (1) If the use is discontinued, or occupancy of the building changes, this conditional use permit shall expire and a new conditional use permit will be required; (2) This conditional use permit shall be reviewed and renewed annually, provided all conditions placed on this permit have been met; (3) No employees other than members of the immediate family residing on the premises shall be employed on the premises; (4) All work to take place within an enclosed building. In answer to Mr. Stiles' question, Mr. Riley explained that the definition of a home occupation with reference to it being limited to members of the immediate family residing on the premises is -found in the Intent Section of the Home Occupation Section. In answer to Chairman Gordon's question, Mr. Adams explained that the building is being built presently. Mr. Stiles next made a motion to recommend approval of this conditional use permit with the following conditions: (1) That the operation be limited to daylight hours; (2) that there be no retailing out of this location; (3) that all the work of the operation and storage would take place in the building; (4) that 2/3 of the construction be 1088 Planning Commission Minutes -10- July 2, 1980 for the use in his own business; (5) If the use is discontinued or occupancy changes, this permit will expire; (6) This conditional use permit will be reviewed and renewed annually by the staff. Chairman Gordon asked that this motion be held, explaining that the Commission is concerned with the consideration of a conditional use permit for a building not yet constructed. Chairman Gordon also noted concern with the size of the building and noted that when con- sidering a conditional use permit the other residents in the area need to be considered. Mr. Adams explained that the building cannot be seen from any other residences. Mr. Riddick commented that-the residents are afraid of the use in the area and are not against Mr. Adams. Mr. Riley explained that this conditional use permit would only be conditioning a use directly related to a home occupation, operated by a person residing on the property. After some discussion regarding the approval of a conditional use permit for a structure not yet completed, Mr. Stiles made a motion to table further consideration of this conditional use permit for sixty days. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby table further consideration of conditional use permit #007 -80 for a period of sixty days. PRIME AGRICULTURAL LAND COMMITTEE REPORT Mr. Gary DeOms and Mr. Mark Davis came forward and explained that approximately one sixth of the County has been completed and within 2 to 3 months there should be 50% of the County completed. Mr. DeOms next furnished samples of the maps to the Commission. Mr. DeOms also explained that the South Frederick Agricultural WN*] Planning Commission Minutes -11- July 2, 1980 District has been submitted and there is still a thirty day period in which interested parties can sign up. Mr. Riley explained that he will be going to Culpeper to confer with the staff there on the requirements, procedures, etc. for the establishment of an Agricultural District. PUBLIC HEARING - COMPREHENSIVE REZONING Mr. Riley explained that, because of the unique nature of this matter, the hearing should be separate because a joint public hearing is for items that are day to day, routine things. Mr. Riley further explained that what the Planning Commission recommends to the Board can be changed and that the :format would be the same. Mr. Brumback made a motion that there be one public hearing to consider all matters of the comprehensive rezoning of Frederick County with a prepared agenda. This was seconded by Mr. Kirk and passed uanimously, BE IT RESOLVED, that the Planning Commission recommends to the Board of Supervisors that there be one public hearing to consider all matters of the comprehensive rezoning of Frederick County with a prepared agenda. It was also suggested that this public hearing take place in August, 1980. PROPOSED ORDINANCE AMENDMENT CHANGES - EM DISTRICT Mr. Brumback commented that it must always be remembered that these ordinances can be modified. Chairman Gordon noted that this change would give the Commission an additional tool. Mr. Brumback made a motion to proceed with the advertising for public hearing of this Extractive Manufacturing District. This was seconded by Mr. Kirk and passed unanimously. 1090 Planning Commission Minutes -12 July 2, 1980 BE IT RESOLVED, that the Planning Commission does hereby direct staff to proceed with advertising for public hearing of the Extractive Manu- facturing District proposed ordinance amendment change. There being no further business to come before the Commission Mr. DeHaven made a motion that the meeting be adjourned. This was seconded by Mr. Brumback and passed 1091