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PC_11-19-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, November 19, 1980. PRESENT: C. Langdon Gordon, Chairman; James Golladay; Frank Brumback, Vice - Chairman; Manuel C. DeHaven; W. French Kirk; Kenneth Stiles; Herbert Sluder. CALL TO ORDER The Chairman called the meetinq to order. Consideration of the minutes of August 20, 1980, was postponed until the following meeting due to an error in composition. BIMONTHLY REPORT With regard to the Tindle request, Mr. Sluder explained that the drainfield is on someone elses property. There being no further comments, the Bimonthly Report was accepted as information. SITE PLANS Amended Site Plan #022 -79 of Arthur H. Fulton for a metal maintenance building and office addition, in the Opequon Magisterial District. ACTION - Approved The Secretary first gave background information. Mr. Sluder commented that there is a small drainfield and that there are only four employees. Mr. Golladay next noted that he would abstain from discussing this request. Mr. Arthur Fulton came forward and noted he needed a place for parts. Mr. Stiles moved to approve Site Plan #022 -79 of Arthur H. Fulton as presented. This was seconded by Mr. Brumback and passed with the following vote. YES - Messrs. Stiles, Brumback, Gordon, Kirk, DeHaven ABSTAIN - Mr. Golladay BE IT RESOLVED, that the Planning Commission, by a marjority vote, approves Amended Site Plan #022 -79 of Arthur H. Fulton. 1194 -z- Site Plan Request #015 -80 of Doyle Whittington, to repair farm machinery in an existing structure, in the Gainesboro Magisterial District. ACTION - Approved The Secretary first gave background information. Mr. Doyle Whittington then came forward and introduced himself to the Commission. In answer to Chairman Gordon's inquiry, Mr. Riley noted that screening had been discussed with the applicant and that screening will be staggered rows of evergreens. There being no one present either in favor or opposition, Mr. Stiles made a motion to approve Site Plan #015 -80 of Doyle Whittington with the stipulation of evergreen screening. This was seconded by Mr. DeHaven and passed unanimoully. BE IT RESOLVED, that the Planning Commission unanimously approves Site Plan Request #015 -80 of Doyle Whittington with the stipulation of evergreen screening. DISCUSSION WITH MR. JONES - SANITATION AUTHORITY Mr. W. Jones came forward and noted that the Service Authority has two regional plants; (1) Opequon Creek area to service Winchester and (2) Stephens Run area to service Stephens City and Fredericktowne. Mr. Jones explained that the Environmental Protection Agency is currently reviewing the Abrams Creek Plant and it is hoped that approval will be forthcoming. In answer to Mr. Stiles question, Mr. Jones stated that if Crown America begins to develop, water is available from the City 1195 -3- directly at the property and could be made available through the Authority. Mr. Stiles next asked if Mr. Jones could see water service out Welltowne Pike. Mr. Jones answered no, explaining that if the wells in that area went dry, the people should drill deeper. In answer to Mr. Stiles' question, Mr. Jones commented that the Stephens Run had 2,160 connections and in the two separate systems between 1,500 and 1,800 additional connections. DISCUSSION OF AGRICULTURAL DISTRICT Mr. Stiles next noted that it was his feeling that a majority of the Board felt that a revision to the Subdivision Ordinance be made to remove the exemption from the Subdivision Ordinance for five acre and above lots and suggested that perhaps twenty acres would be more appropriate. Mr. Horne noted agreement except for family variances. Mr. Riley commented that he would have something for the worksession on this. PUBLIC HEARINGS CONDITIONAL USE PERMITS Conditional Use Permit Request #018 -80 of Shirley Meade to renew a Nonconforming use, Gainesboro Magisterial District. ACTION - No Action The Secretary related that the applicant was not present because she works 3:30 p.m. until midnight. Mr. Stiles moved to recommend denial of this conditional use permit and state the reason. 1196 ME Chairman Gordon noted that it was the Planning Commission's policy that action not be taken. After much discussion concerning Planning Commission policy and the setting of precedent, the Planning Commission took no action on this request as the petitioner was not in attendance. Conditional Use Permit #020 -80 of Lucy Luttrell and Ruth A. Whetzel, for an Antique Shop, in the Opequon Magisterial District. ACTION - Tabled until first meeting in December The Secretary gave background information. Mr. Sluder noted that Health Department comments are not ready. Mr. Riley noted that with concurrent advertising the Planning Commission could hear this request at their next meeting with Health Department comments available and it could still be heard by the Board of Supervisors on the current schedule. Mr. Golladay made a motion to table consideration of this Conditional Use Permit Request #020 -80 until the first meeting in December. 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 #020 -BO until the first meeting in December. NOTE: Mr. Stiles leaves at this point in the meeting and is not included in any voting from this point on. Conditional Use Permit #022 -80 of Thomas L. and Barbara Conrad, for the expansion of a home for elderly people, in the Opequon Magisterial District. ACTION - Recommend approval with conditions The Secretary first gave background information. Mr. Mark Conrad came forward and introduced himself to the Planning Commission. 1197 -5- In answer to Mr. Brumback's question, Mr. Conrad noted this would be a 120 bed facility when completed. Mr. Riley next exhibited a preliminary Site Plan. Mr. Brumback asked about screening. Mr.-Riley noted that the affect of headlights on adjacent areas should be considered. Mr. Golladay made a motion that this Conditional Use Permit #022 -80 be recommended for approval with the following conditions: 1. This be a five year permit to be reviewed and renewed annually by staff. 2. That appropriate screening and lighting shall be required on the Site Plan if needed. 3. If the use or occupancy of this Conditional Use Permit changes this Conditional Use Permit shall expire and a new Conditional Use Permit shall be required. This was seconded by Fir. DeHaven. In answer to Mr. Earl Shiley's question, Chairman Gordon explained that any change would require the acquiring of a new Conditional Use Permit. The question was next called for and the vote unanimous. BE IT RESOLVED, that the Planning Commission unanimously recommends approval of this Conditional Use #022 -80 of Thomas L. and Barbara Conrad to the Board of Supervisors with the following conditions: 1. This be a five year permit to be reviewed and renewed annually by staff. 2. That appropriate screening and lighting shall be required on the Site Plan if needed. 3. If the use or occupancy of this Conditional Use Permit changes this Conditional Use Permit shall expire and a new Conditional Use Permit shall be required. 1198 �:m Conditional Use Permit #019 -80 of Richard J. Scherzinger, Sr., for a home occupation /small engine repair in the Opequon Magisterial District. ACTION - Recommend denial The Secretary first gave the background information. Mr. Richard J. Scherzinger, Sr. came forward and introduced himself to the Commission, noting that this would just be a part -time endeavor. Mr. Scherzinger commented that the shop was added on and the carport was closed in since this request was heard before. In answer to Mr. Golladay's question, Mr. Scherzinger noted that his closest neighbor was approximately 40 -45 feet away and that his lot was 95 feet by 120 feet. Mr. Scherzinger also commented that all work would take place inside. Mr. Golladay noted concern with noise. Mr. Scherzinger stated that the noise would not be excessive. Chairman Gordon next asked for anyone wishing to speak in opposition. Mr. Marshall Adams came forward and noted that he owned property behind Mr. Scherzinger and stated that he was against this because of the noise in a residential area. Chairman Gordon noted that the Commission is always aware of a subdivision when considering a home occupation of this type. Mr. Golladay commented that he could not see that anything had changed since the 1975 petition. Mr. Golladay made a motion to recommend denial of this Conditional Use Permit #019 -80 to the Board of Supervisors because it 1199 -7- is in a subdivision, this would set a precedent and open the door to other things, and the character of the area is residential. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, that the Planning Commission does unanimously recommend denial of Conditional Use Permit #019 -80 to the Board of Supervisors. Conditional Use Permit #021 -80 of Naomi F. Nelson, for a home occupation /beauty shop in the Shawnee Magisterial District. ACTION - Recommend approval with conditions The Secretary first gave background information. Ms. Naomi Nelson came forward and commented, in response to Mr. Golladay's question that she had a driveway for the parking of perhaps three cars. Mr. Riley noted that there is adequate off - street parking. Mr. Horne added that the cul -de -sac reduced the traffic to one -way traffic. There being no one to speak either in favor or in opposition, Mr. kirk made a motion to recommend approval of this Conditional Use Permit with the following conditions: 1. One year permit to be reviewed annually by the staff. 2. If the use or occupany of the building changes, this Conditional Use Permit shall expire and a new Conditional Use Permit will be required. 3. No one other than members of the immediate family residing on the premises may be employed. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, that the Planning Commission does unanimously recommend approval of Conditional Use Permit #021 -80 to the Board of Supervisors with the following conditions: 1200 I:M 1. One year permit to be reviewed annually by the staff. 2. If the use of occupancy of the building changes, this Conditional Use Permit small expire and a new Conditional Use Permit will be required. 3. No one other than members of the immediate family residing on the premises may be employed. Mr. Riley next addressed the subject of large lot subdivisions and noted that several approaches will be discussed at the upcoming worksession. There being no other business to come before the Commission, Mr. DeHaven made a motion that the meeting be adjourned. This was seconded by Mr. Kirk and passed unanimously. Res ectfully Submitted, 9 ALA, 75 n R. Ril y, Se ary a!Ld� C. Lan don Gordon, Chairman 1201