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PC_01-03-79_Meeting_Minutesr ' MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, January 3, 1979. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel DeHaven; James Golladay, Jr.; W. French Kirk; Elmer Venskoske; Herbert L. Sluder ABSENT: Thomas Rosenberger CALL TO .ORDER ThenChairman called the meeting to order and proceeded to the first order of business. Minutes of the Meeting -- December 20, 1978 -- Approved with Correction page 582 -- add "cost" before ',effective" Upon motion made by James Golladay, Jr. seconded..by W. French Kirk and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the minutes of December 20 with the one correction. i ANNUAL REPORT The annual report was discussed and it was noted that four hundred eighty -seven (487) single family building permits had been issued and only. eighty -six 1 (86) lots had been approved by the Board of Supervisors. Upon motion made by Frank Brumback and seconded by James Golladay, Jr. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby direct the annual report to be made a part ofithe minutes. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES ME (P /C 1/3/79) p 2 ELECTION OF OFFICERS - 1979 Action - Chairman Elected (C. Langdon Gordon) Incumbent Chairman, C. Langdon Gordon, declared nominations open for Chairman. The-nomination of C. Langdon Gordon was made by James Golladay, Jr. and seconded by W. French Kirk. Upon motion made by James Golladay, Jr. and seconded by Frank Brumback, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby close the nominations for Chairman of the Planning Commission of the County of Frederick, Virginia. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby duly elect C. Langdon Gordon as Chairman of the Planning Commission of said County. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; -- YES Chairman - ABSTAIN ELECTION OF OFFICERS - 1979 Action - Vice Chairman Elected (Frank Brumback The nomination of Frank Brumback was made by W. French Kirk and seconded by James Golladay, Jr. Upon motion made by W. French Kirk and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby close the nominations for Vice Chairman of the Planning Commission of the County of Frederick, Virginia. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby duly elect Frank Brumback as Vice Chairman of the Planning Commission of said County. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Chairman -- YES Brumback -- ABSTAIN 587 (P /C 1/3/79) p 3 MEETING SCHEDULE - 1979 Upon motion made by Frank Brumback and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virgina does hereby declare that the Planning Commission regularly scheduled meetings will be held at 2:00 PM on the first and third Wednesdays in the Board of Supervisors room at 9 Court Square. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; .Venskoske; Brumback; Chairman -- YES ANNUAL RENEWAL OF CONDITIONAL USE PERMITS Mr. Berg told the Commission the following Conditional Use Permits had been issued on a one year basis and they were ready for renewal: 055A Guy Oates (auto sales - Route 50) 1 -77 W. S. Frey (asphalt plant - Clearbrook) 4 -77 D. Emory Wilson (garage - Route 652) 9 -77 Margaret Carter (beauty shop - Route 628) 2 -78 Lake Holiday Country Club (sign) 6 -78 Edward and Carol Place (auction - Route 654) 7 -78 Bernard Cloud (antique shop - Route 11) 9 -78 Joseph A. Helsley (auction house - Route 671) 10 -78 Charles Lizer (fruit market - Route 50) 11 -78 Ernestine Hoover (nonconforming business - Route 50) 12 -78 Ronald and Denise Smith (dog kennel) 13 -78 S. Blaine and Bettie Wilson (sign) 15 -78 Anton Papierniak (wine shop) 17 -78 Frederick County Fair Association (campground) Mr. Berg stated that no complaints had been received on any of the permits. Mr. Berg explained that the permits would be brought before the Commission each year in January and site inspection would be made of the property before the meeting to make sure the applicants were complying with their permit. It was decided that the Health Department should be made aware of the permits before they are renewed so that health problems do not develop. Upon motion made by Frank Brumback and seconded by James Golladay, Jr.; BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommendliapnroval of the renewal of the Conditional Use Permits and,-request that the Health Department give a report on the permits when available. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES 588 (P /C 1/3/79) p 4 Mr. Berg told the Commission the following permits were no longer needed and they should be cancelled: 2 -77 William Mooney (home occupation) -- they have moved 1 -78 Mark Garber (home occupation) -- they did not buy the property. 057, 3 -77, 10 -77 Frederick County Fair Association. A new permit (17 -78) has been issued. Upon motion made by James Golladay, Jr. and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move to cancel the three conditional use permit numbers 2 -77; 1 -78; and 057, 3 -77, 10 -77. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES SUBDIVISION Request for subdivision amendment by Garland Cather to divide two lots into four, on Route 654 in Back Creek Magisterial District. Action - Tabled Mr. Berg told the Commission this was a request by Garland Cather to resubdivide two lots into four lots. He stated the two lots had been previously approved by the Board of Supervisors. Mr. Berg stated the lots met all the require- ments of the Health Department, Highway Department, and Zoning. Garland Cather, applicant, appeared before the Commission. He stated that he wanted to put FHA homes on the lots and the smaller lots were needed. A discussion was held by the Commission. Mr. Sluder of the Health Department stated that health permits had been issued, however, he had not had a chance to check the property and Dr. Hatfield, Director of the Frederick - Winchester Health Department, would not put his signature on the approved plat until a supervisor had checked the property. It was discussed and decided that Mr. Sluder should have a chance to check the property before action was made by the Commission. Upon motion made by Frank Brumback and seconded by Manuel DeHaven; 589 (P /C 1/3/79) p 5 BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby table this subdivision request until Mr. Sluder of the Health Department has a chance to give a report; if possible by the meeting of January 17. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES CONDITIONAL USE PERMIT No. 022 -78 -- request for two (2) off premise signs by the Round Hill Ruritan Club Action - Recommend Approval Mr. Berg told the Commission this was a request for two off premise Ruritan Club signs. He stated the Zoning Ordinance does not list service clubs and he felt the Ordinance should be corrected. Eston Rudolph, President of the Round Hill Ruritan Club, appeared before the Commission. He stated they wanted to put up the new signs because their old signs had rusted and were no longer readable. A brief discussion was held. The Commission noted that they would like to have the old sign removed from Route 50. Mr. Rudolph stated that if the sign was still standing he would see that it was removed. Upon motion made by Elmer Venskoske and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of this conditional use permit to the Board of Supervisors; and request that the old sign be removed. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES A discussion was held on adding Nonprofit Service Clubs and Charitable Associations to Church signs as permitted uses. It was decided that the staff should draft an amendment to the Ordinance to allow these uses and bring them before the Commission in a worksession. 590 (P /C 1/3/79) p 6 PUBLIC HEARINGS Zoning Map Amendment Petition No. 001 -79 of Arthur H. & Dorothy H. Fulton, Box 86, Stephens City, Virginia, requesting that 26.816 acres, at the Southeast corner of the intersection of Routes 277 and 636 now zoned Agricultural- General District ( -2 ) be rezoned: Industrial - General District ( -2 ). These properties are designated as Property Identification Numbers 86(A)193, 86(A)194 and 86(A)195, and are in Opequon Magisterial District. Action - Recommend Approval Mr. Berg read the application to the Commission and stated that Mr. Fulton wanted to expand his existing trucking firm. Arthur H. Fulton, owner of the property, appeared before the Commission and stated that his business had enlarged in the last five years and they needed more space. Mr. Fulton stated they would be enlarging their office space however, there would be no more employees. Mr. Sluder stated that Mr. Kauchak, Sanitarian, had checked the property and found one small area that would handle the septic system. A discussion was held by the Commission on rezoning the entire twenty -six plus acres. The property had been platted as two lots; one being twelve plus acres and one being fourteen plus acres. Several concerns were discussed: the County Park being in the area and the residential area surrounding this property. It was noted that the trucking firm had been there for quite a while and there had been no complaints received concerning the rezoning. Mr. Fulton stated he had no objection to the Commission rezoning only the fourteen plus acres, however, he would like to have it all rezoned at one time so he would not have to go through the process at a later date. Mr. Golladay stated that he did not see anything wrong with the rezoning since all requirements had been met. He stated he felt the rezoning request was similar to several that the Commission had heard in the last few months. After a lengthy discussion,the following motion was made by James Golladay, Jr. and seconded by Manuel DeHaven; 591 (P /C 1/3/79) p 7 BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this rezoning request of 26.816 acres from A -2 to M -2. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback -- YES Venskoske; Chairman -- NO The Chairman stated that.he would be in favor of the fourteen acre tract but not the twelve acre tract. Mr. Golladay stated that he was afraid if the Commission accepted only the fourteen acre tract at this time, in the future when Mr. Fulton applied to have the twelve acre tract rezoned he would be turned down. Zoning Map Amendment Petition Number 002 -79 of Arcadia Mobile Park, Inc., 1426 Baker Lane, Winchester, Virginia requesting that 33.471 acres north of the City of Winchester off Route 784 now zoned Agricultural- General District (A -2) be rezoned: Mobile Home Community District ( -1 ). This property is designated as property identification number 54(A)91 and is in Stonewall Magisterial District. Action - Recommend Denial Mr. Berg read the application to the Commission and stated that it was being proposed to add fifty -two trailer spaces -- thirty -five spaces on the present Mobile Home zoned property and seventeen spaces on the proposed rezoned property. Mr. Berg presented the Commission with a site plan of the proposal. William Lockhart, Vice President of Arcadia Mobile Park, Inc., appeared before the Commission and stated that the Potomac Edison Company wanted to put up some power lines and he wanted to know where they could put the poles so that they would not have to move them later on. Mr. Lockhart pointed out than the 33.471 acres was the remainder of the Arcadia Mobile Park, Inc. land. He stated the proposed lots would be larger than the present lots in the park. A lengthy discussion was held on the right -of -way (Baker Lane) going into the park. Mr. Lockhart stated that he maintained the road back to his park. The Commission discussed the road and it was pointed out that the State would not take over the street until it was built to State regulations. 592 (P /C 1/3/79) p 8 Charles Kirkland, Land Surveyor, stated that the right -of -way was a prescriptive right -of -way by now. He stated the roadway is parallel to the water lines. Mr. Lockhart stated that the only way he could make a profit, since he had installed public water and sewer, was to enlarge his trailer court. Mr. Golladay stated that he felt this area was an ideal place for development because of the availability of water and sewer and it was close to town, however, problems could be encountered relating to schools and services. It was noted that school buses and mail carriers drive into the trailer park. The consensus of the Commission was that they were not opposed to the trailer park in general, however, they would not approve anything as such without having a state maintained roadway. Upon motion made by Frank Brumback and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend denial to the Board of Supervisors of this rezoning request until the roadway problem is corrected. The motion passed by the following vote: Kirk; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES DeHaven -- ABSTAIN CONDITIONAL USE PERMITS No. 019 -78 -- request by Linwood Heironimus, Jr. for a home occupation on Route 672 in Stonewall magisterial District. Action -- Recommend Approval Mr. Berg read the application to the Commission and stated that the permit was for a CB and Scanner Sales to be conducted in a building other than a dwelling. Mr. Berg noted that although the Ordinance seemed clear, Mr. Ambrogi, Commonwealth Attorney, had given the opinion that the home occupation does not have to be in the home. He stated that permits had been given to Pugh on Route 600 and Mogle on Route 647 based on Mr. Ambrogi's opinion. 593 (P /C 1/3/79) p 9 A discussion was held on the home occupation. The consensus of the Commission was that a home occupation was something that was conducted in the home. Linwood Heironimus, Sr., father of the applicant, appearedibefore the Commission and stated that the business was part time and it would be conducted in a 10' x 12' building. He stated it would be a small business and parking would be no problem. There being no objections to the request, the following motion was made by Manuel DeHaven and seconded by Elmer Venskoske. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of a one year permit for this conditional use permit application to the Board of Supervisors. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES A discussion was held on the definition of a home occupation. The Commission felt that the Ordinance made it very clear that the home occupation was to be conducted in the home. It was decided that Mr. Ambrogi be asked to attend a meeting in the near future to discuss this problem with "home occupations" Conditional Use Permit No. 007 -77 -- request for an amended Conditional Use Permit for Mrs. Adam Myers on Broad Avenue in Shawnee Magisterial District. Action -- Recommend Mr. Berg told the Commission that Mrs. Myers had connected to public water and sewer and her sprinkler system had been installed. He stated t i hat Mrs. Myers could now, according to state license, have six (6) patients. Mr. Berg stated Mrs. Myers would be making a 16' x 40' addition to her home -- one bedroom, area for dining room and setting room. Charles Kirkland, Land Surveyor, appeared before the Commission representing Mrs. Myers. 594 (P /C 1/3/79) p 10 A brief discussion was held and the - following motion was made by W. French Kirk and seconded by James Golladay, Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of a one year permit for Mrs. Myers to the Board of Supervisors. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES SITE PLAN Site Plan No. 028 -78 -- request for approval by Allied Furniture on Route 11 North in Stonewall Magisterial District. Action -- Recommend Approval Mr. Berg presented a site plan of Allied Furniture to the Commission. He stated that the site plan was for a new entrance, a paved parking area, and a buffer to be put along Route 11 and the property to the north of the building. Mr. Berg stated the building had not been issued an occupancy permit. V. V. Cutshaw, owner of Allied Furniture, appeared before the Commission. A discussion was held and it was noted that the building had been built in 1975 as a storage building (according to the building permit). Mr. Cutshaw stated when he had the property rezoned to B -2, his intention was to build a furniture store. Then in 1975 he asked for a permit to construct a storage building. Mr. Cutshaw stated the building had been built according to the specifications for a furniture store. Mr. Berg explained that the building did not have a site plan at the time it was built. He stated the building inspector would have to inspect the building to see if it can meet the furniture store requirements. A brief discussion was held. The Chairman asked for opposition. Patty Tumblin appeared before the Commission and stated that she lived in the house on the north side of the furniture store. She stated that Mr. Cutshaw had underground gas tanks about thirty (30) feet from her property and about 595 (P /C 1/3/79) p 11 4:00 a.m. the men start their lumber trucks and bring them to the gas tanks and this wakes everyone in her house. Mr. Berg stated that the gas tanks would have-to be moved to the lumber yard property and only automobile parking would be allowed on the lot. Mr. Berg also stated a plant buffer would be placed between the Tumblin's property and the parking lot. A brief discussion was held and the following motion was made by Manuel DeHaven and seconded by Frank Brumback; BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this Site Plan as presented,subject to Building Inspector approval. It was further moved that the gas tanks would have to be relocated. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES Adjournment i Upon motion made by James Golladay, Jr., seconded by Elmer Venskoske and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting; there being no further business. Respectfully Submitted, H. Ronald Berg, Secretary is � C. Lang n Gordon, Chairman 596