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PC_02-07-79_Meeting_Minutes(PC 2/7/79)p.1 MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, February 7, 1979. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; Manuel DeHaven; James Golladay, Jr.; W. French Kirk; Elmer Venskoske; Thomas Rosenberger; Herbert L. Sluder CALL TO ORDER The Chairman called the meeting to order and proceeded to the first order of business. Minutes of the Meeting -- Janurary 17, 1979 -- Approved with correction page 599 -- should read: "Frederick Mall Land Trust is developers to install water and sewer facility" page 600 -- typographical 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 January 17, 1979 with the two corrections. BIMONTHLY REPORT The Chairman asked if an opinion had been given by Larry Ambrogi, i i Commonwealth Attorney, on the blanket variance issued by the Board of Zoning Appeals for the Ash Hollow Industrial Park. Mr. Berg said Mr. Ambrogi had given an opinion that the blanket variance was perhaps not legal but it should have been contested at the time it was given. Mr. Berg told the Commission that in research- ing the State Code, the staff had found that the BZA section had been amended in 1975, and now the variances could be referred to the Plann- ing Commission for their recommendation to the BZA.' Ms. Stefen handed (PC 2/7/79) p.2 the Planning Commission a copy of the variance application that were pending and the staff recommendation and code rational that is usually given to the BZA members before their meeting. A discussion was held by the Commission regarding the variances. Mr. Brumback suggested that a 2 or 3 member committee be appointed to work out guidelines for the commission to consider during a worksession. After polling each commission member the consensus was that a committee was not needed and the commission should discuss how they wanted to set up guidelines and the policy they wished to establish. It was decide this would be discussed in a worksession on the�meet- ing of February 21. The Planning Commission also requested that they be given a re- port showing the actions of the Board of Zoning Appeals for year 1978. The Bimonthly Report was discussed and accepted as information. CONDITIONAL USE PERMIT Conditional Use Permit No. 020 -78 -- request by James L. Powell for a nonconforming use fronting, Route 11, South in Opequon Magisterial District. ACTION- TABLED Mr. Berg read'the application to the Commission and staled no new buildings would be constructed. Bill Tisiner, attorney representing Mr. Powell, appeared before the Commission and stated that Mr. Powell was requestin a continuation of a non - conforming use. Mr. Tisinger stated that the use permit appli- cation being considered was for the continued use of an existing gas station structure for motor vehicle body repair, engine repair, motor vehicle painting and general service station repair activities. Also, a sales office for masonry products with no on site storage of materials. Mr. Tisinger stated Mr. Powell would like to make a new application for (PC2/7/79) p.3 a masonry business and discontinue the servicing of cars, etc. Mr. Tisinger stated that he and his client would like to have the consensus of the Commission on their ideas concerning the "trade in use permits." He told the Commission the masonry business would be more restrictive use. Mr. Tisinger stated if the Commission was not receptive of the new idea then Mr. Powell would like for them to act on the conditional use permit on file -- vehicle repair, etc. The Commission discussed the new proposal with Mr. Tisinger. Upon motion made by Thomas Rosenberger and seconded by James Golladay,Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby table this request until new applica- tion could be made for a conditional use permit for a masonry business. The motion passed by the following vote: Kirk, DeHaven, Golla- day, Jr., Venskoske, Brumback, Rosenberger, Chairman - YES ------- ---- --- ---- ------------- - - - - -- Conditional Use Permit No. 002 -79 -- request by A. H. Long for a bill- board, sign to face Route 50 East located in Shawnee Magisterial District. ACTION -- TABLED Mr. Berg told the Commission the request was for a 8 foot by 32 foot double faced sign to be located on Route 50 East. He stated the proposed clients were Golden Corral, Duff's Rebel, J.V. Arthur, Inc., Tastee - Freeze and Lee Jackson Restaurant. Edward Guthrie of the Guthrie Art and Sign Company appeared be- fore the Commission and described the sign. A discussion was held by the Commission regarding the trailers located on the property. A discussion was also held on notification being sent to ad- joining property owners, informing them of the proposed sign. (PC 2/7/79) p.4 Upon motion made by Manuel DeHaven and seconded by W. French Kirk, BE IT RESOLVED, that the Planning Commission for the County of Frederick, VA does hereby table this permit application until the meeting of February 21 so that Mr. Alvah Long can be at the meeting to answer questions and the adjacent property owners could be notified of the proposal. The motion passed by the following vote: Kirk, DeHaven, Colladay,Jr., Venskoske, Brumback, Rosen- berger, Chairman - YES Conditional Use Permit No. 001 -79 -- request by Robert S. DeHaven for a grocery store, fronting Route 522 North in Gainesboro Magisterial Dis- trict. Action - Recommend Approval Mr. Berg presented a drawing of the proposed grocery store. Dave Holliday, general contractor, and Robert S. DeHaven, appli- cant, appeared before the Commission. They told the Commission the store would be 40 feet by 80 foot with cinder block sides and a brick front with windows. It was noted that some of the trees would have to be taken down however, they would preserve as many as possible. A brief discussion was held and there being no opposition the following motion was made by Elmer Venskoske and seconded by Frank Brumback, BE IT RESOLVED, that the Planning Commission for the County of Frederick, VA does hereby recommend approval of a nontransferable per- mit to the Board of Supervisors for a country genral store. The motion passed by the following vote: Kirk, DeHaven, Golladay,Jr., Venskoske, Brumback, Rosen- berger, Chairman -YES A discussion was held by the Commission regarding conditional use permits and notifying adjoining property owners of the proposal. The required signs posted on the property was also discussed and Mr. Berg stated there was a problem getting the sign removed. (PC 2/7/79) p.5 Upon motion made by James Golladay, Jr. and seconded by ,,Manuel DeHaven, BE IT RESOLVED, that the Planning Commission for the County of Frederick, VA does hereby establisha policy for conditional use permit applications of notifying adjoining property.owners and also requiring a sign be posted on the property similar to rezoning signs and.. further- more require that the sign be removed by the petitioner within one month of action by the Planning Commission.and the Board of Supervisors. The motion was passed by the following vote:. Kirk, DeHaven, Golladay, Jr., Venskoske, Brumback, Ro- senberger, Chairman - YES SUBDIVISION Request by Burl Carpenter for a two (2) lot subdivision located off Fox Drive in Gainesboro Magesterial District. Action - Recommend Approval Mr. Berg told the Commission there were two existing houses on the property and this was a request to separate the two. A discussion was held on Lot B not meeting frontage requirements of the Ordinance, therefore no additions could be made to the existing house. Burl Carpenter, applicant, appeared before the Commission. There being no opposition, the following motion was made by Elmer Venskoske and seconded by Frank Brumback, BE IT RESOLVED, that the Planning Commission for the County of Frederick, VA does hereby recommend approval to the Board of Supervi- sors of this subdivision request. The motion passed by the following vote: Kirk, DeHaven, Golladay, Jr., Venskoske, Brumback, Rosen- berger, Chairman - YES HOUSE BILL 997 AND 998 Mr. Berg explained the two House Bills to the Commission. The Bills were dealing with the preservation of agricultural land. It was noted that the Bills had already "died" in the House, therefore, (PC 2/7/79) p.6 the Commission decided to put this discussion on a later agenda (August or September) for action at that time. ZONING ORDINANCE AMENDMENTS Mr. Berg read the following proposed amendment to the Zoning Or- dinance Sections 21015(r), 21- 26(r), 21- 36(i), 21- 44(i), 21- 52(n), 21- 90(x), and 21- 101.2(1) "Church bulletin boards and identification signs and signs for nonprofit service clubs and charitable associations. Mr. Berg stated an amendment was also proposed for Section 21 -1 "Definitions" to change the current definition of Frontage and Street road to read: Frontage The minimum width of a lot measured from one side lot line to the other along a line parallel to the street, road or right -of- way on which no point shall be farther away from the street, road or right -of -way upon which the lot fronts than the building setback line as defined and required herein. For purposes of determining frontage, i rights -of -way shall not be constructed as frontage for a deeded parcel unless such right -of -way provides the only means of access to said deeded arcel. Street, road, right -of -way A public thoroughfare which affords principal means of access to abutting property (s) or deeded parcel (s). The Commission agreed that the amendments be advertised for public hearing. Mr. Golladay gave a report on the joint City- County Capital Facili- ties Proram. He stated the committee had highly recommended that the City Council and the County Board of Supervisors take immediate action on the proposal. (PC 2/7/79) p.7 ADJOURNMENT Upon motion made by James Golladay,Jr., seconded by Elmer Ven- skoske and approved unanimously, BE IT RESOLVED, that the Planning Commission for the County of Frederick, VA does hereby adjourn its meeting; there being nofurther business. Respectfully Submitted, WLt H. Ronald Berg, Secretar7 :. . ..