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PC_02-21-79_Meeting_Minutes(PC 2/21/79) p. 1 MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, Feb.21, 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. ----------------------- BIMONTHLY REPORT Mr. Rosenberger questioned the staff on pending site plans; North Shell Service station was closed, Greenwood Baptist Church case is routine, except that surveyor has not furnished final copies, said Ms. Stefen; Mr. Berg reported that Doug Toan's site plan is being held until property is conveyed, and a meeting was upcoming with representatives for Winchester Mall. Ash Hollow plans were withdrawn by the developer for redrafting and resubmission: a subdivision with 60 town houses. New submittal date: 2/21/79. To questions on subdivisions, Mr. Berg answered that (1) Garland Cather subdivision had been approved by Board but Mr. Cather is away; (2) in Windy Hill the roadway, water and sewers must be in before release; (3) Carpenter lots have been approved and will be released when final sig- nature is obtained; (4) Mr. Sluder said on Strawson subdivision that weather conditions made for delay. Bimonthly report was accepted as information. --------------------------- CONDITIONAL USE PERMIT Conditional Use Permit No. 002 -79 -- request by Alvah Harding Long for double - faced off - premise sign, tabled from Jan. 17, in Shawnee District. 611 (PC 2/21/79) p. 2 Action -- Recommend Approval Mr. Guthrie from Guthrie Art & Sign Company appeared for the petitioner, who also came forth. Mr. Guthrie declared that no proliferation of this type of sign was planned, and that four, in fact, had been removed in period since last meeting. Mr. Guthrie acknowledged that this large sign, though not planned as a lighted sign, could be so if client desired. Opposition was offered by Mr. Arthur Gooden, a next -door neighbor, who objected on basis of loss of property value. .vir. Golladay called attention to the fact that the proposed sign would be at a curve in the road and thus constituted a danger. Upon motion made by Mr. Kirk, seconded by Mr. Venskoske, BE IT RESOLVED, that the Planning Commission for the County of Frederick, Virginia, deny request for conditional use permit to A. H. Long. The motion passed by the following vote: Kirk ;DeHaven;Golladay;Venskoske; Brumback;ROSenberger;Chairman - YES Conditional Use Permit No. 020 -78- - James L. Powell for nonconforming business, Route 11, Middletown, Opequon District. It was agreed to carry forward this petition until March 1 meeting after it was ascertained that no time limit is involved; plan has not yet been received and reviewed by staff. Conditional Use Permit No. 003 -79- - Betty W. Nicholson Stonewall District, Route 11 North. Proposed use is not provided for in zoning ordinance. Local 2335 of I.A.M.A.W. plans to use for Union Hall. Action -- Recommend one -year permit Asked for background, Mr. Berg explained that the building was constructed and used as the Highway Tabernacle Pentecostal Holiness Church, and more recently as a dwelling. Two meetings per month are planned by Union, with attendance of about 12 persons at one meeting and 35 at the other. If permit is issued, it will be to Local 2335 and not to Mrs. Nicholson. 612 (PC 2/21/79) p.3 Steve R esn appeared for Mrs. Nicholson, and Steve Spade, President, for I.A.M.A.W. Local 2335. No one was present who objected to conditional use permit. Mr. DeHaven as owner of an adjoining property abstained, but spoke on behalf of Ken Lloyd, owner of adjacent property, as being opposed. In discussion of notification of owners of adjoining land, it appeared that Mr. Lloyd had not been notified as Clerk's Records did not show his name as an owner; one notification, addressed to Thomas, was returned. Mr. Sluder's opinion was asked on possible water and drainage problems. He stated that unless large affairs,like dances,were given, there did not appear to be any difficulties. Union representative stated that no dances were to be given there. The possibility of picnics was touched upon lightly, and Ms. Stefen cautioned that CUP would be needed in event entertainments were planned. In a discussion on parking, the Union representative said no parking was contemplated in a field where Commission members had thought parking might be objectionable. The Chairman remarked that the situation was one over which control could be exerted, and that Mr. Lloyd's not having been notified was chief problem. Upon motion by Mr. Rosenberger, seconded by Mr. Brumback, it was moved to approve as staff recommended; BE IT RESOLVED, that the Planning Commission of Frederick County recommend approval of Use Permit No. 003 -79 for one year to the Board of Supervisors. The motion was passed by the following vote: Kirk;Golladay - -NO; DeHaven-- ABSTAIN;Venskoske; Brumback;Rosenberger; Chairman - -YES Conditional Use Permit No. 004 -79 -- request by Eston L. Keeler for an antique and gift shop in Brucetown in Stonewall District. Action -- recommend one -year permit The following discussion turned on private right -of -way at present cooperatively maintained; petitioner stated that should use caused by customers 613 (PC 2/21/79) p,. 4 become heavy, he would assume a greater responsibility toward maintenance. He explained that planned business was a means of giving his wife some employment which her health otherwise prevented. In reply to questions on parking space he said that yard sales in past had led to no difficulties on road or in parking. No opposition was presented. Mr. DeHaven expressed reluctance to interfere with small home businesses, and spoke of knowing part of Mr. Keeler's earnings proceeded from refinishing antiques. He made no objection other than the question of maintenance of right- of-way and related problems. Motion for approval of ConditionalUSe Permit was made by Mr. DeHaven, seconded by Mr. Golladay, BE IT RESOLVED, that the Planning Commission of Frederick County, Virginia, recommends to the Board of Supervisors approval of one -year Conditional Use Permit to Eston L. Keeler. The motion was passed by the following vote: Kirk;DeHaven;Golladay; Venskoske;Brumback; Rosenberger; Chairman - -YES SITE PLAN Plan No. 002 -79 -- proposed use by Northwestern Workshop, Inc for office, storage, production, classroom on Smithfield Avenue Extended in Fort Collier Industrial Estates in Stonewall District. Action -- Recommend approval Mr. Berg, asked to summarize, said a one -story 100 x 210 metal building is proposed, all requirements have been met, and all reviewers have approved. The Highway Department does not maintain the roadway. The site plan provides for right -of -way and road improvement all the way back to Frederick County School Board property. A paved parking aea is planned. Mr. Jack Ireland and Mr. Bruce Dawson appeared for petitioner. In discussion which ensued as to ownership of Brick Kiln property, Mr. Ireland said that the owners were in Baltimore. He said the Workshop had discussed the roadway with the City. Mr. Rosenberger mentioned past difficulties between City and County over 614 (PC 2/21/79) p. 5 Smithfield Avenue Extended. Mr. Berg described a portion of the right -of- way as being enclosed by fencing at brick kiln. Jack Ireland's letter to the Chairman was made a part of the proceedings, and appears herewith: NORTHWESTERN WORKSHOP, INC. 329 N. Cameron St. Winchester, Va. 22601 Feb. 13, 1979 Mr. Langdon Gordon, Chairman Frederick County Planning Commission 1001 Berryville Ave. Winchester, Va. Dear Langdon: I will be appearing before the Frederick County Planning Commission at its next meeting, February 21, 1979 regarding the move of the Northwestern Work- shop, Inc. to our proposed new location on Smithfield Avenue Extended, between the Brick Kiln property and that owned by the Frederick County School Board. I have talked with Albert Robinson of Oil Heat and Burner Service, and with Melton Wright about maintaining the road leading to our property. Mr. Wright states he cannot commit the School Board until they have a meeting, but Mr. Robinson has assured me that they will cooperate with us in maintaining Smith- field Avenue Extended. In the event neither of the other parties are able to participate, be assured that the Northwestern Workshop will maintain the road leading,into its property. Should you need any more information, please call me.,' Sincerely, s /Jack t /Jack R. Ireland, Chairman Northwestern Workshop Building Committee JRI:d cc: Ron Berg Mr. Ireland in reponse to questioning projected an average of 20 cars maximum, with most clients being bussed and getting out at Smithfield entrance He further explained that there are at present 75 workers, and the number is expected to rise to between 125 and 150. It was brought out in discussion that the difficulty in making a connecting roadway is the nature of the terrain. 615 (PC 2/21/79) p. 6 Mr. Brumback moved for approval, Mr. Kirk seconded: BE IT RESOLVED, that Planning Commission of Frederick County, Virginia, recommend approval of Site Plan 002 -79, Northwestern Workshop, Inc. to the Board. of Supervisors. A five - minute break was called. The next Agenda item, a discussion of home occupation with Larry Ambrogi, was postponed as Mr. Ambrogi was unable to be present but held open in case he might appear. -------------------------- Discussion of policies and procedures for review of request for zoning variance Report from Ms. Stefen: Examples were given at previous meeting of Planning Commission of cases later presented (on February 20, 1979) to the Board of Zoning Appeals. Ms. Stefen explained that several procedures were possible, among which Planning Commission could choose. For example, applic- f ations are now supposed to be reviewed by the P.C. with option to make recom- mendations. As the B.Z.A. meets every other month, there will be sufficient time for P.C. review. options include staff work -up of recommendations which P.C. can examine along with applications; or transmittal from staff to Planning Commission without work -up. Queried as to the procedural change, Ms. Stefen indicated that she had discovered in the State Code a previously unnoticed in- struction that a copy of applications be submitted to the local Planning Com- mission, which may then give a recommendation to the B.Z.A. or appear as a party to hearings. Ms. Stefen-read the passage under discussion: "The Zoning Adminis- trator shall also transmit a copy of the application to the local Planning Com- mission, which may send a recommendation to the Board or appear as a party at the hearing." This established that such a proceeding is not required. The Chairman summarized: Does the P.C. or does it not want to be involved? LIP (PC 2/21/79) P. 7 Mr. Brumback, "put on the spot," expressed the view that when he was serving on the B.Z.A. the staff recommendations were more nearly followed than at present. He raised the question: "How easy is it for an applicant to go to another body and get an ordinance changed ?" The concern is that the ordinances can be overturned, go "down the drain." At the time Mr. Brumback served, he had the impression that this was intended strictly for hardship cases. The B.Z.A. position of "hardship" was read out from the minutes, 12/19/78, page 5. Mr. Swift told the Board he was concerned about the granting of variances for things they considered hardships; as defined in the Frederick County Zoning ordinance, they are essentially the same as in the State Code. The Board of Zoning Appeals took the position that each case had to be considered individually. Mr. Brumback emphasized that there is ample time if the Planning Commission wants to review, and expressed the wish on his part to know the nature of ap- plications, actions taken, and dispositions made. Mr. Rosenberger spoke of unwillingness for P.C. to make recommendations to the B.Z.A., and made a distinction between offering "input" and recommending. Mr. Berg then made the point that it's important for the Planning Com- mission to know where there are problems with the ordinance Ms. Stefen clarified: P.C. can offer "information only," make recom- mendations, or do neither. She asked the P.C.'s preference as to what form she should employ in sending along applications to them. Mr. Brumback spoke out strongly for the relevance of B.Z.A. actions on the continuing work of the planning body and his wish to express his individual views, at least. Mr. Golladay summed up that no policy would be set at present. Mr. Kirk and Mr. Golladay are to meet with the B.Z.A. and get their ideas. The next meeting of the B.Z.A.will be on April 17, 1979, at 3:25. Presentation and Discussion of the Final Report of the Capital Facilities Committee 617 (PC 2/21/79) p. 8 Mr. Berg spoke from the booklet prepared for the joint committee. The question was raised as to how this report would fit into the Capital Improvements Program. Mr. Berg said in response that working from the book in question alone would be an effort taking place in a vacuum'; that the full financial context must be considered in order to determine priority, post- ponement, etc. The approach will be through work sheets provided by School Board, Public Works, each group's determination based on dollars available and consequent juggling of priorities. "The Capital Facilities Plan is an implementation tool of the Comprehensive Plan as permitted by the State Govern- ment," Berg quoted. "If the locality does have a Comprehensive Plan, then major capital items come through the Planning Commission, for comment as to its appropriateness to that plan." At present, the report under discussion is in the hands of the City Council and the Board of Supervisors for determination, the Report to be accepted or rejected, and the matter of the next move. Mr. Renalds was queried as to the status: he replied that next week the position about schools should be ready,after which assessment is to be made as to what's needed, and in what time period. When asked about the possible effects of two municipal bodies working jointly, Mr. Renalds said, as to whether this situation increases strain, that it had not yet been decided how to split the costs in a joint complex; that the usual solution is on a square footage basis, but there are complications, such as whose land it stands on. Court and office facilities are, though, but one facet of Capital Improvement Program, if a large facet. Mr. Renalds pointed out that there was an existing fund for capital improvements, though not a large amount: the several hundred thousand dollars in this account is a far cry from two million, if indeed our share is to be half of the $4 million Court Complex. The hard decision, he said, is what you're going to build, and when, and what you're willing to pay for what you're mm (PC 2/21/79) p. 9 going to get. Mr. Renalds stressed that the governing body makes policy as to what to do, after which they must decide how to do it; it may take several years to raise the money for any capital facilities. A referendum may not pass. Deciding what is necessary is the Board of Supervisors' policy decision. Mr. Brumback asked if a judge could demand action on court facilities. Mr. Renalds declined the question as depending on interpretation of the Code, and surmised that it had in fact happened in some localities. He added that the need for space was the reason for the plan. In answer to Mr. Brumback's asking how long before this must be done, Mr. Renalds said that was the big question. The Chairman suggested that this should be received as information, since it appeared not to be in a stage in which recommendation could be made. A consensus was called for as to a joint meeting with the Board. BE IT RESOLVED, that the Planning Commission work out a joint meeting with the Board of Supervisors on the final report of the Capital Facilities Committee. The vote on this was unanimous. The final item of the agenda pertained to I -66; Mr. Berg said that the term "study of I -66" was a misnomer, that the study would be on the impact of the roadway upon this area. Mr. Berg also confirmed the date of a meeting in Ellicott City, Maryland, of interest to the Planning Commission, and in- quired how many might be able to make the trip on March 8 at 1, on the Howard County staff program, how it began, and their successes to date. It was moved, seconded, and unanimously passed to adjourn. 619 (PC 2/21/79) p. 10 i " H. Ronald Berg, Secretary C. .d Gordon,