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PC_11-05-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 11/5/80 PRESENT: Gordon, Golladay, Stiles *, DeHaven, Kirk, and Brumback ABSENT: Hurbert Sluder CALL TO ORDER A moment of silence in memory of Elmer Venskoske, was first observed. Chairman Gordon then noted the first order of business as being a discussion of procedure for presentation of resolution to Mr. Venskoske. Upon motion made by Mr. Brumback and seconded by Mr. DeHaven and passed unanimously, it was decided that Messrs. Riley and Gordon would make the presentation. Chairman Gordon next received the Bi- Monthly Report as information. SITE PLANS Site Plan Request *016 -80, of Norman Garrison, for a renovation of an existing structure into a restaurant, in the Stonewall Magisterial District. ACTION - Approval Mr. Riley first read background information, noting that the parking is for the restaurant they would like to open. Mr. Stiles questioned if all parking was to be paved. Mr. Riley explained that double prime and seal would be used and that he is putting in more than is required. Mr. Norman Garrison and Mr. Bruce Edens next came forward and introduced themselves to the Commission.. Mr. Riley also noted where the residential and commercial zonings are located on the property on a visual aide. NOTE: Mr. Stiles left the meeting before the Public Hearing Segment *of the meeting and did not take part in voting process for public hearings. 1184 Commission Minutes -2- November 5, 1980 Mr. Stiles suggested that only the spaces required be paved. The Commission and staff next discussed hydra- seeding and temporary erosion control with Mr. Garrison. Mr. Garrison expressed that he would like to amend the site plan to delete hydra- seeding. Staff concurred with this deletion, if the area was kept stabilized during the winter. Mr. Stiles made a motion to approved this site plan with the added amendment to omit hydra - seeding and include regular seeding, with the understanding that the area remain stabilized. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby approved Site Plan Request #016 -80, as amended with the omission of hydra - seeding and the addition of regular seeding. Site Plan Request #015 -80, of Doyle Whittington for an existing structure to be used to repair farm machinery, in the Gainesboro Magisterial District. ACTION - Tabled Mr. Riley first gave background information. Chairman Gordon next questioned the wisdom of hearing this request before the Board of Supervisors considers the Conditional Use Permit Request. Mr. Riley commented that this is just an as built site plan and would be void if the Conditional Use Permit is denied. Mr. Brumback noted that the Board could place an additional condition that could affect the site plan. 1135 -3- Mr. Brumback made a motion this Site Plan Request be tabled for two weeks. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, that the Planning Commission table for two weeks consideration of Site Plan Request # 015 -80 of Doyle Whittington. DISCUSSION WITH VA DEPT. OF HIGHWAYS & TRANSPORTATION REGARDING DRAINAGE Mr. Riley noted that a representative from the VA Dept. of Highways and Transportation is present today to bring the Commission up to date on a recent study. Mr. King of the VA Dept. of Highways and Transportation came forward and introduced himself to the Commission. Mr. King explained that a study had been undertaken due to a complaint. Mr. King first reviewed what culverts exist along Route 11, noting that the railroad had replaced a culvert under the main line of the B & 0 with a nine foot six inch by eight foot diameter pipe arch. Mr. King noted that it was felt that the proposed channel for Winchester TV Cable is more than adequate to serve the capacity of the box culvert on Rt. 522. Mr. Brumback next asked how much more water runoff can be handled. Mr. King noted the area is several acres and the elevation at the railroad is 735' and the elevation at the bottom of the culvert is 739'; therefore, the box is controlling runoff, continued Mr. King. Mr. King noted that additional development was taken into consideration when study for Winchester TV Cable was made. 1186 -4- In answer to Chairman Gordon's question, Mr. King noted that retention basins should be considered by the Commission, should further development occur west of Rt. 522. Mr. Horne commented that future development upstream needs to address pre- runoff rates which should be maintained. At this point in the meeting, Mr. Stiles noted that he would be leaving, and he noted that he had no objection to any of the Public Hearing Requests. Mr. Stiles noted that, regarding the Tindle Request, the proposed use is less intense than the use that was there. Mr. Stiles added that this should be recommended for approval. PUBLIC HEARINGS At this point in the meeting the Chairman relinquished his chair to vice- Chairman Brumback. REZONINGS Zoning Map Amendment Request # 010 -80, Frederick Mall Land Trust, B -2 to R -6, 9.63 acres, in the Gainesboro Magisterial District. ACTION - Recommend Approval The Secretary first gave the background information. Mr. H. K. Benham came forward and introduced himself to the Commission, noting that the only proposed access would be off Rt. 522. Mr. Benham explained that there is a question as to who owns the old Fahnestock Lane. In answer to Mr. Golladay's question, Mr. Benham noted that the proposed road is approximately 100 feet from Oates Grocery Store, 1187 -5- not the road that runs by High's Store which would lead to the proposed shopping area. Mr. Riley noted that at Site Plan approval time, entrances could be addressed. Vice - Chairman Brumback next asked for anyone wishing to speak in favor or opposition. Mr. Sam Lehman noted that densities of this type do not belong in rural jurisdictions. Mr. Benham explained that density would be approximately 10 per acre. In answer to Mr. Brumback's question, Mr. Riley noted that this request is in tune with the Comprehensive Plan and the Planning Commission's desire to place multi- family in the County. Mr. Tim Helsabeck of Fahnestock Lane next introduced himself to the Planning Commission and questioned how this would affect Fahnestock Lane? Mr. Benham commented that Frederick Mall Land Trust does not own Fahnestock Lane; and, therefore, could not develop the road. Mr. DeHaven next made a motion to recommend approval of Zoning Map Amendment # 010 -80 of Frederick Mall Land Trust to the Board of Supervisors. This was seconded by Mr. Kirk and passed by the following vote. YES - Messrs. Golladay, Brumback, Kirk, DeHaven ABSTAIN: Mr. Gordon BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend to the Board of Supervisors approval of Zoning Map Amendment Request # 010 -80 of Frederick Mall Land Trust. �iIZ3 Us The chairing of the meeting was returned to Chairman Gordon for the remainder of the meeting. CONDITIONAL USE PERMITS Conditional Use Permit Request of Jack and Norma Tindle, # 017 -80, for a home occupation /mail order outlet, in the Opequon Magisterial District. ACTION- Tabled for 60 Days The Secretary first gave background information. Mr. Steve Butler came forward and requested tabling of this request on behalf of the Tindle's, until the health department request could be accomplished. Mr. Brumback made a motion that this request be tabled for sixty days. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby unanimously approve the tabling of Conditional Use Permit Request # 017 -80, of Jack and Norma Tindle, for a period of sixty days. Conditional Use Permit Request # 018 -80, of Shirley Meade, to renew a Non - conforming Use, in the Gainesboro Magisterial District. ACTION- Tabled for two weeks The Secretary first gave the background information, noting that the applicant was unable to attend the meeting. Mr. Brumback moved to table this request for two weeks. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby table consideration of Conditional Use Permit # 018 -80 of Shirley Meade for two weeks. 1189 Iwo Conditional Use Permit Request # 015 -80 of Judith S. Ware, for a home occupation /beauty shop in the Stonewall Magisterial District. ACTION - Recommend approval with conditions The Secretary first gave background information. Ms. Ware came forward and introduced herself to the Commission. Ms. Laurel Fisher of the Health Department noted that water samples came back unsatisfactory, adding that the Health Department has no jurisdiction over beauty salons. In answer to Chairman Gordon's question, Ms. Ware noted that there is parking available. Mr. Brumback next questioned hours of operation. Ms. Ware commented that she would be open from 8 a.m. to 8 p.m. Monday through Saturday. There being no one present either in favor or in opposition, Mr. DeHaven made a motion to recommend approval of this request to the Board of Supervisors with the following conditions. 1. Review and renew annually by staff, Planning Commission, and Board of Supervisors. 2. This will be a one year permit. 3. If the use is discontinued, or occupancy or ownership of the building changes, this Conditional Use Permit shall expire and a new Conditional Use Permit will be required. 4. If the nature of the business changes, additional improvements such as parking, access, and hours of operation will be addressed. 5. This be restricted to one employee (member of immediate family residing on the premises). 1190 This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, that the Planning Commission does unanimously recommend approval of Conditional Use Permit Request # 015 -80, of Judith S. Ware, to the Board of Supervisors with the conditions as listed above. Conditional Use Permit Request # 014 -80, of John and Shirley Klein, for a home occupation /accessory structure in the Back Creek Magisterial District. ACTION - Recommend approval with conditions The Secretary first gave background information. Mr. John Klein came forward and introduced himself to the Commission, explaining that he would be engaged in tool making. Mr. Klein explained that he desired to preserve an art that is being lost, noting that this would only be done on a part -time basis. Mr. Klein also commented that the forge will be in the part of the barn with a concrete floor and also noted that the public will be able to come and look and buy. yr. Riley explained, with regard to the retail sales, that staff felt this would not subvert the intent of the ordinance. There being no one present either in favor or opposing this petition, Mr. Brumback made a motion to approve this Conditional Use Permit Request # 014 -80 with the following conditions: 1. Review and renew annually. 2. This be a one year permit. 3. If the nature of the business changes, additional improvements such as parking, access, and hours of operation will be addressed. 4. If the use is discontinued, or occupancy or ownership of the building changes, this Conditional Use Permit shall 1191 M i Conditional Use Permit will be ted to one employee (member of the y residing on the premises). r , oy Mr. Golladay and passed unanimously. .fining Commission does hereby recommend Jse Permit Request # 014 -80, of John and ;itions as listed above. RESOLUTION OF ELMER VENSKOSKE Mr. Kirk next made a motion to place the recently adopted resolution honoring Mr. Venskoske in the Winchester Star. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby unanimously move to place the recently adopted resolution honoring Mr. Venskoske in the Winchester Star. POLICY - DISCUSSION OF PUBLIC HEARING ITEMS Mr. Brumback next moved that the Planning Commission should not have any discussion regarding any application until it is formally presented to the Planning Commission by the staff. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby establish as policy that no discussion shall be heard regarding any application until it is formally presented to the Planning Commission by the staff. DISCUSSION OF RECENT BZA ACTION Discussion next ensued regarding recent Board of Zoning Appeals action. 1192 -10- Mr. DeHaven made a motion to express the Planning Commission's concern to the Board regarding the action of the Board Zoning Appeals with regard to their recent action of approving a variance for 84 Lumber and also some past cases. This was seconded Mr. Brumback and passed unanimously. BE IT RESOLVED, that the Planning Commission unanimously moved to express concerns to the Board of Supervisors regarding the recent 84 Lumber Variance action and past actions of the Board of Zoning Appeals. of by There being no further business to come before the Planning Commission, Mr. Golladay made a motion to adjourn. This was seconded by Mr. Kirk and passed unanimously. Respectfully Submitted, J1 R. Riley, Secret ry 1193