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PC_08-06-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 8/6/80 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; W. French Kirk; Manuel C. DeHaven; James Golladay, Jr; Elmer Venskoske; Kenneth Stiles; Herbert Sluder. CALL TO ORDER The Chairman called the meeting to order. The first order of business being the consideration of the minutes of June 18, 1980 and June 24, 1980. There being no corrections, Mr. Golladay made a motion that both sets of minutes be approved as presented. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT Chairman Gordon first questioned the status of the Adams Conditional Use Permit. Mr. Riley explained that this request had been tabled by the Commission for sixty days and that Mr. Adams is proceeding under the original building permit and will be coming back in to request under the original conditional use permit. In answer to Mr. Golladay's question, Mr. Riley explained that the Bayliss rezoning request was located on Dodge Avenue and that the Frederick Mall Land Trust request was located on Route 522. Mr. Stiles next inquired if it might be appropriate to table the Frederick Mall Land Trust rezoning application until after the Comprehensive Rezoning Hearing. Mr. Riley explained that this might be considered as placing a moritorium on rezoning applications. Chairman Gordon next accepted the Bimonthly Report as information. ----------------- - - - - -- SITE PLANS Request for Site Plan approval by Round Hill Community Fire Department, No. 023 -79 (Amended), Back Creek Magisterial District. ACTION - Held over until next meeting The Secretary first gave background information. 1102 Planning Commission Minutes -2- 8/6/80 Chairman Gordon next asked that the petitioner come forward. There being no one present':to represent this petition, it was suggested that this request be withheld until a representative is present. Site Plan Request for Apple Tractor Company, No. 013 -80, Back Creek Magisterial District. ACTION - NONE The Secretary first gave the background information Chairman Gordon next relinquished his chair to the Vice- Chairman during the consideration of this Site Plan Request. Mr. Golladay made a motion to go into executive session to discuss legal matters. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby retire into executive session to discuss legal matters. Mr. Golladay made a motion to return to regular session. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby return to regular session. Vice - Chairman Brumback noted that the executive session was dealing with the appropriate placement of this Site Plan in a B -2 Zone. Vice - Chairman Brumback, in summary, added that after lengthy discussion it was concluded that this Site Plan of Apple Tractor did not fit into a B -2 Zoning classification, but rather a B -3 Zone. Following Mr. Stiles' suggestion, the Planning Commission was polled on their feelings in this regard. Mr. Kirk noted that he felt it should be under the B -3 Zoning. Mr. Golladay concurred, adding that the intensity of a B -2 Zone is what needs to be considered. 1103 Planning Commission Minutes -3- 8/6/80 Messrs. Venskoske and DeHaven also concurred with it fitting in a B -3 Zone. Vice - Chairman Brumback commented that this seems to one of those grey areas. Mr. John Shaw, President of Apple Tractor, next introduced himself to the Commission, noting that it was not his intent to challenge the B -2 Section of the Zoning Ordinance. Mr. Shaw also explained that two months ago, when they purchased the property with the intent of locating a farm dealership, the staff of Frederick County was contacted and a letter of verification was received from that office. Mr. Shaw also explained that the business would be 50% lawn and garden tractors and 50% small farm tractors and farm equipment for the orchard business. Mr. Shaw commented that he did not feel that this operation would be a nuisance in a B -2 Zoning. Mr. Stiles noted that, since there presently is no B -3 zoning available , a parcel of land would have to be found and a rezoning request formally made. In answer to Vice - Chairman Brumback's question, Mr, Shaw explained that approximately 95% of the repair work would be inside. By general consensus, the Planning Commission decided that machinery sales and service be included in a B -3 Zone. Mr. Stiles also requested that the staff draft an ordinance.amendment change to place farm machinery sales and service as a specific use in the B -3 Zoning category. PRELIMINARY PLAT REVIEW OF NOTTOWAY TOWNHOUSE Mr. Riley explained that the staff had reviewed the pre- liminary plat and, basically, could find no problem with it. Mr. Riley 1104 Planning Commission Minutes •-4- 8/6/80 stated that typical sections of road parking areas are being requested as well as drainage from parking lots. Mr. Golladay noted that Buckingham Drive ties into The Pines. Mr. Riley commented that the staff is satisfied with the general layout and design of the townhouse units. In answer to Mr. Stiles' question, Mr. Riley explained that there are no landscaping requirements except for stabilization. Mr. Riley also explained that in comparison to the old preliminary plat, the new plat would create more common area and increase the size of the units. In answer to Mr. Gordon's question with regard to the change in zoning from R -3 to R -6, Mr. Riley explained that this is a pre- existing use and would be allowed to exist under the R -3 section of the ordinance. Mr. Riley also explained that the applicant would also be submitting a final plat which will require Planning Commission and Board approval and that a Site Plan will be required before construction commences. Mr. Golladay made a motion that this preliminary plat of Nottoway Townhouses be received under favorable circumstances by the Planning Commission. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby accept as being favorable the preliminary plat of Nottoway Townhouses. Site Plan No. 014 -80 of Caroline Avenue Extended, Fredericktowne, Section III. ACTION - Approved The secretary first gave background information, noting that all reviewing agencies have given satisfactory comments. Mr. Golladay noted that this road will be helpful to those in Fredericktowneas another access. 1105 Planning Commission Minutes -5- 8/6/80 Mr. Golladay made a motion that the Planning Commission approve this Road Profile Site Plan for Caroline Avenue. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby approve the Site Plan Request for the Road Profile of Caroline Avenue Extended, from Route 647 to the intersection of Rockbridge Road, a distance of .18 miles. DISCUSSION OF TIRE DISTRIBUTORS Mr. Riley explained that the owner of Tire Distributors contacted the office regarding the relocation of the entire business to the Route 728 location. Mr. Henry Boetner of Tire Distributors came forward and introduced himself to the Commission. Mr. Boetner explained that they do not sell anything but tires, tubes and related services. In answer to Mr. Brumback's question, Mr. Boetner noted that there would be no engine repair with the business being limited to the wheel business and batteries. In answer to Mr. DeHaven's question, Mr. Boetner noted that there would be approximately twenty employees. Mr. Riley noted that the staff had some concern with the retail aspect in an M -1 Zone. Mr. Stiles commented that under the M,1 Zoning- listed as permitted uses are feed and seed stores, lumber yards, etc. By general concensus, the Planning Commission concurred with the proposed site plan. Mr. Boetner stated that a formal site plan would be prepared for the next Planning Commission Meeting. 1106 Planning Commission Minutes -6- Conditional Use Permit Petition, No. 008 -80 of Melvin E. Nail, for a home occupation, accessory structure, on Route 614 in the Back Creek Magisterial District. ACTION - Recommend Approval w /conditions Mr. Riley first gave background information. Mr. Melvin Nail came forward and introduced himself to the Commission, noting that he would only be working on small engines. Mr. Stiles commented that the phrasing of condition number 4, under planning recommendations, virtually grants a conditional use permit indefinitely. Mr. Stiles also stated that this statement does not allow the Board or Planning Commission to attach additional conditions at some time in the future or to deny a conditional use permit in the future. Mr. Stiles commented that he felt a time period should be placed to allow it to come back before the Board and Planning Commission. Mr. Stiles further suggested that number 4 should read, "shall be for three (3) years and shall be reviewed annually by the staff to see that all conditions have been met." Chairman Gordon suggested that possibly a legal opinion is needed. Mr. Stiles noted that Mr. Ambrogi had indicated that having a time period would give the County a stronger position. Mr. Brumback made a motion to recommend approval to the Board of Supervisors with the following conditions: (1) If use intensifies additional conditions such as off - street parking facilities and hours of operation will be placed on the permit; (2) No employees other than members of the immediate family residing on the premises may be employed; (3) If the use is discontinued or occupancy of the building changes, this conditional use permit shall expire and a new permit 1107 Planning Commission Minutes -7- 8/6/80 will be required; (4) This conditional use permit shall be reviewed and renewed annually by the staff provided all conditions of the permit have been met. This was seconded by Mr. Venskoske. Mr. Stiles next moved to amend number 4 to read "this conditional use permit be for five years and shall be reviewed annually by staff to see all listed conditions have been met ". There being no second to this motion, the original motion of Mr. Brumback stands. Chairman Gordon next called for the vote on the motion made by Mr. Brumbackland seconded by Mr. Venskoske. The vote was unanimous. BE IT RESOLVED,Ithat the Planning Commission unanimously recommends approval of the conditional use permit request of Mr. Melvin E. Nail, No. 008 -80 with the following conditions: (1) If use intensifies, additional con- ditions such as off-street parking facilities and hours of operation will be placed on the permit; (2) No employees other than members of the immediate family residing on the premises may be employed; (3) If the use is discontinuedlor 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 by the staff provided all conditions of the permit have been met. i ------------------------- Conditional Use Permit Petition, No. 009 -80, of Nathaniel &Elizabeth Dovel, for a dog kennel in the Shawnee Magisterial District. ACTION Recommend approval/ with conditions Mr. Riley first gave the background information. Mrs. Elizabeth Dovel and Mr. Nathaniel Dovel come forward and introducedlthemselves to the Commission. Mr. Dovel explained that he was not told when applying for a kennel license that he also needed a conditional use permit. Mr. Dovel noted that only after a complaint was made did he discover that he needed a conditional use permit. 1108 Planning Commission Minutes -8- 8/6/80 1 Mrs. Dovel explained that, unless the dogs are disturbed by outside sources, they do not bark. In answer to Chairman Gordon's inquiry, Mrs. Dovel explained that they only anticipated having ten dogs at the kennel. Mr. & Mrs. Dovel explained that they now live in Falls Church and rent the house to friends who agreed to take care of the dogs. Mr. Harold Whitacre, Dog Warden, next came forward and explained that there are two ways to buy dog licenses in the County: (1) on an indi basis; and, (2) by a kennel license. Mr. Whitacre explained that I the kennel license is given with the regulation that the dogs cannot escape from the kennel. Mr. Whitacre also noted that there are forty nine kennels in the County. Mrs. Dovel explained that they sell the dogs both in Falls Church and Winchester. Chairman Gordon next called for any one present wishing to speak in opposition. Mrs. Vanessa Coffey first came forward and requested that the Planning Commission considered the church in the vicinity and the impact of the barking during church services. Mr. Richard Newman, and adjacent property owner, next came forward and noted that there has been an improvement in the situation since the people have moved in the house, Mr. Newman explained that this Spring three runs were added which face his tennis court and noted his objection. IMr. Newman also expressed his concern regarding the burden of caring for the dogs being placed on rental tenants. In summary, 1 Mr. Newman noted the major concern as being noise. I i 1109 I Planning Commission Minutes -9- 8/6/80 I In answer to Mr. Brumback's question, Mr. Newman explained that the dog ke i nnel is within thirty or forty feet of the tennis court and that there'is no screen. Mr. IHoward Hemsley next came forward and noted that he lived on Route 723 next to the Church. Mr. Hemsley expressed concern with the noise, especially at night. Mr. Hemsley added that he was concerned with the odor, since the kennels had earthen floors. Ms. Laura Golightly next addressed the Commission, noting that she had a !farm adjoining the land. Ms. Golightly expressed concern I with noise and 'the impact on the cattle in the area. Mrs. Lois Newman commented that the ducks she once had were I disposed of and1that the dogs still barked at night. Mrs. Dovel noted that there could not be an odor becasue clorox is used in cleaning the kennels. In answer to Mr. Kirk's inquiry, Mr. Dovel noted that the i tennis court had been built on the lot he owned and that to adjust for this fact, he and Mr. Newman had traded land. Mr. Whitacre, to further explain, stated that this property was an old restaurant and filling station which was divided. Mr. Whitacre commented that he found no complaint with the kennel facility. I Mr. Dovel stated that he would screen the property if it was felt it would help. Mr. Riley explained that the ordinance requires that a i conditional use!permit be acquired for a kennel and it is necessary today to deal with the application before the Commission. Mr. Kirk made a motion that the Planning Commission recommend i approval of this conditional use permit with the following conditions: 1110 Planning Commission Minutes -10- (1) The kennel shall not be left unattended. Occupants of the dwelling shall be responsible for maintanence and upkeep of facility and for regular cleaning of the kennels; (2) If the use is discontinued, or owner- ship of the property changes, this conditional use permit will be required; (3) If the intensity of this use increases, additional conditions will be required to address hours of operation and off- street parking; (4) This conditional use permit shall be reviewed and renewed annually by the staff, provided all conditions of the permit have been met;1(5) This property shall be screened from adjacent property on the west side of the kennel. This was seconded by Mr. DeHaven. Mr. Stiles next moved to amend the motion, adding that this should be a three (3) year permit. This amendment to the motion died for lack of a second. Chairman Gordon next called for the question; the vote to recommend approval of this conditional use permit with the foregoing conditions was unanimous. BE IT RESOLVED,Ithat the Planning Commission unanimously recommends approval of this conditional use permit No. 009 -80 to the Board of Supervisors with the following conditions: (1) The kennel shall not be left unattended. Occupants of the dwelling shall be responsible for maintenance andlupkeep of facility and for regular cleaning of the kennels; (2) If the uselis discontinued, or ownership of the property changes, this conditional use permit shall expire and a new conditional use per- mit will be required; (3) If the intensity of this use increases, additional conditions will be required to address hours of operation and off - street parking; (4) This conditional use permit shall be reviewed and renewed annually by the staff, provided all conditions of the permit have been met; i(5) This property shall be screened from adjacent property on the west side of the kennel. EM DISTRICT ORDINANCE AMENDMENT PROPOSAL In answer to Mr. Stiles' question, Mr. Riley explained that fencing is enforced by the Bureau of Mined Land Reclamation. Mr. Stiles expressed a desire to see abandoned mine fencing requirements addressed 1111 Planning Commission Minutes -11- 8/6/80 in the Frederick County Ordinance. Mr. Riley commented that a reference to the State Code in the Frederick County Ordinance would be sufficient. Mr. Riley added that to amend this ordinance at this time would necessitate re- advertising. Mr. Stiles also suggested the addition of an item (f) which would read "the Planning Commission and Board of Supervisors may have the right to place additional conditions as may be necessary and reasonable to protect adjacent properties. By general consensus the Planning Commission suggested that the mining operators be notified that the Planning Commission is con- sidering some additions to the EM District Ordinance Amendment and that it.:will be re- advertised and considered again on September 3, 1980. DISCUSSION OF PUBLIC HEARING PROCEDURES FOR COMPREHENSIVE REZONING O FREDERICK COUNTY Mr. Riley advised the Planning Commission that the Compre- hensive Rezoning Meeting will be September 16 and 17, 1980 and that no official action will be taken at this public hearing; but, rather action will be taken at the next regularly scheduled meeting of each decision - making body. ORDINANCE AMENDMENT CHANGE - Article I, Section 18- 2(a)(2) Mr. Riley explained that this ordinance amendment defines immediate family to be consistent with the State Code. Mr. Stiles made a motion that this ordinance amendment be recommended to the Board for approval. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission unanimously recommends approval of this ordinance amendment change, Article I, Section 18- 2(a)(2) to the Board of Supervisors. 1112 Planning Commission Minutes -12- 8/6/80 nTCCTTRRT(1N (1F nPTITATANCF AMRNTIMRNT CHANT RR Tn M -1 ANT) M -2 DTRTRTCTR_ Mr. Riley next requested approval to proceed with advertising for the M -1 and M -2 Ordinance Amendment changes. Mr. Riley noted that suggestions provided at an earlier worksession have been included. By general consensus, the Planning Commission unanimously expressed their desire for these ordinance amendment changes to be advertised for public hearing. DISCUSSION OF ORDINANCE AMENDMENT CHANGE - PERFORMANCE STANDARDS Mr. Stiles next expressed some concern with the Commission's understanding of the Performance Standards Section of the proposed ordinance amendment change. Mr. Horne noted that the sound standards used were taken from other ordinances such as those of Fairfax, Virginia Beach and King William County. The Planning Commission expressed being uncomfortable with advertising this ordinance amendment change until a better understanding of the levels-and their measure could be accomplished. There being no further business to come before the Commission, Mr. Brumback made a motion the meeting be adjourned. This was seconded by Mr. Venskoske and passed unanimously. Respectfully Submitted, a Johp R. Rile , ecret y �� cn anr C. Lan on Gordon, Chairman 1113