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PC_06-20-79_Meeting_Minutes(PC 6/20/79) p. 1 MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; W. French Kirk; James Golladay, Jr.; Thomas B. Rosenberger; Herbert Sluder ABSENT: Elmer Venskoske; Manuel DeHaven CALL TO ORDER The first order of business was the introduction of the new Secretary, Beverly Sherwood,by Ms. Stefen. Mr. Gordon welcomed her to the Commission. Second was consideration of the minutes of June 6, 1979. As no changes were requested, these were voted unanimous approval. BIMONTHLY REPORT Mr. Gordon inquired if Ash Hollow had been approved by the City, and Ms. Stefen said it had. Ms. Stefen explained to both Mr. Golladay and Mr. Rosenberger that the date on the Ed Shirley site plan was misleading. Prior to his submittal of a site plan, Mr. Shirley's building was there. As for the Baltimore Lounge, she said this was a proposed use of an abandoned restaurant and is planned to be a restaurant - lounge. Mr. Sluder pin- pointed its location as being near the Trading Post. And the applicant for Oak Hill subdivision has submitted no final plat. Ms. Stefen further explained that because of the cut in staff, she has been compelled to hold to such priorities as involved new development over the instance of Ed Shirley, for example. She also indicated that the agenda for the next Planning Commission meeting would be lengthy, with conditional use per- mits and rezoning. The Bimonthly Report was accepted as information. 709 (PC 6/20/79) p.2 Road right -of -way alignment, Fredericktowne Wythe Avenue, Lots 50, 51 and 52, Section III, Opequon District. ACTION -- approved In her background remarks, Ms. Stefen said the wording for this should probably be re- subdivision. The reviewing agencies have approved. There is a right -of -way at the end of Wythe Avenue at Lot 54. Fredericktowne wants to secure right -of -way to property they do own, in an area they partially own. Petitioner, Dennis McLoughlin, was called forward, representing Kuykendall Whiting. Fredericktowne, he said,owns a parcel of land known as the Nichols land, on the south -east side of Wythe Avenue, and desires additional access to that tract by putting in a road which affects lots 50, 51, and 52, which are presently of record on an approved plat. The access is desired for future development on the Nichols tract. The land behind Lot 49 or Lot 53 is not owned by Fredericktowne. This would obtain good access for people coming down Westmoreland Drive, at one end of Wythe Avenue, and Rockbridge Avenue at the other end of Wythe. This future development area would be Section IV of Fredericktowne. In response to questioning from the Vice - chairman, Mr. McLoughlin said there would be no "detrimental effects to the lots except that Lot 51 will no longer be developable for a house, obviously. The way the road is proposed to be put in, where one of the lots would lose some acreage at one end, it would pick it up in the other end, so the actual size of the lots would not be reduced." Mr. Gordon explained that the concern of the Commission was that the reduced lot would not become "a no -man's land." The right -of -way, he ascertained, is the boundary line of Lot 52. The drainage easement would be moved to run parallel along Fairfax Drive, as proposed, said Mr. McLoughlin. Mr. Golladay moved, Mr. Brumback seconded, approval of the resubdivision. The vote was unanimous. BE IT RESOLVED, that the Planning Commission recommend approval to the Board of Supervisors of Fredericktowne's resubdivision provided the remaining land adjacent to the right -of -way be included in lots 50 and 52 respectively. (PC 6/20/79) p.3 Site Plan Revision 023 -78, Doug Toan Stonewall District. Revision to include two new buildings. Ms. Stefen's briefing established that the site plan was the same as previously submitted except for the addition of two more buildings. Approved by all review, agencies. Doug Toan came forward and identified himself as the owner of the property and the builder. The site plan was submitted three months ago, he said, the first buildings are "pre- engineered buildings, on a concrete slab, identical in size and structure, metal and will house dry goods storage only, strictly an industrial storage building. There will be traffic of van trucks, or maybe flat -bed trucks, to haul to the site and from it with goods .. One - twenty by two -forty in size." Replying to Mr. Sluder's question, Mr. Toan said "I've heard from Ferman Perry they're starting /water and sewer lines /in the Fall. The contract's been let." Mr. Golladay amplified that staking has also been done though work has not yet commenced. As to Mr. Toan's plans to use water and sewer lines, he stated that if, for example, one company decided to rent all three buildings and place an office, he would then hook in. "At this time we have no need for it." There was no one in opposition present. Mr. Brumback moved for approval, Mr. Rosenberger seconded. The vote was as follows: Kirk; Golladay; Brumback; Rosenberger; Gordon -- YES BE IT RESOLVED, that the Planning Commission recommend approval to the Board of Supervisors the Doug Toan revision cited above. In free time before the public hearings, the communication from the Department of Highways proposing the naming of Highway 236 and U. S. 50 between Alexandria and Winchester the John S. Mosby Highway was considered. No one was opposed to this proposal, already approved by the Senate and the House, and a vote 711 (PC 6/20/79) p.4 followed motion by Mr. Golladay, seconded by Mr. Rosenberger, unanimous in favor of the suggested name. BE IT RESOLVED, that the Commission recommend approval of the highway name of John S. Mosby to the appropriate authorities. The first official contact of P. C. members with the Board of Zoning Appeals was discussed. Mr. Golladay reported that BZA is receptive to occasional significant variances pertinent to Planning Commission's areas of concern receiving comment by the Commission. In the ensuing discussion, the Chairman suggested a unified approach of one comment representing the entire Commission's views. The next meeting of the BZA will be in August, and these meetings are held every two months on the third Tuesday. Mr. Golladay said the Chairlady Mrs. Starliper had invited P.C..members to attend the meetings either in lieu of or in addition to making recommendations to the Board. Routine variances would not be of interest, but in discussion it was brought out that sometimes the actions of the BZA have widespread effect, this point by Mr. Brumback. BZA may be unaware of these implications of their actions at times. - Mr. Golladay suggested the procedure of including the variances as part of the regular agenda to afford an opportunity for study. Planning Commission comments would be added to a letter regularly sent out to.the BZA. Mr. Gordon spoke to the delicacy of avoiding all infringements or appearances thereof in the relations between the two bodies. The report by Mr. Golladay was accepted as information. The Chairman thanked Mr. Kirk and Mr. Golladay for representing the Commission. Mr. Golladay in turn - thanked the Commission for their patience: "It took four months to get there." At this point a fifteen - minute recess was called. The Chairman called attention to the Transportation Plan for the City of Winchester, the periphery of which is of interest to the Commission; said it would be available in the office for scrutiny. 712 (PC 6/20/79) p. 5 CONDITIONAL USE PERMITS (tabled from 6/6/79) Conditional Use Permit No. 008 -79 - withdrawn 6/14/79 Conditional Use Permit No. 009 -79 of Richard and Merle Kerns Cross Junction, Va., zoned Agricultural- Limited (A -1) for the operation of a grocery store in a vacant store structure. Property identification no. 13(A) 25 on Siler Route 600 in Gainesboro District. The Kerns, said Ms. Stefen, are contract - holders of the property described above; the type of use, an old grocery store to be remodelled and re- opened for business, with no new buildings envisioned. Additions to existing building: attach a storage area to the existing building, new front porch. Adjoiners were notified, and applicants have furnished snapshots. Petitioners appeared, and spelled out further details: they have not purchased the property yet. Survey is being done on 7 8 -acre portion, off the 48.75 acres to be sold with the store. Owner is keeping the rest of the property. The Kerns wished to find if the use planned is permissible before buying. Mr. Kerns said "This is the old original store with the Siler Post Office in the same building. It was discontinued in 1964. The closest grocery is Alkire's Store on 522, roughly four miles away." The first floor would hold the store. on the top floor and in the back is storage area. The front porch needs repair or replacement; a small addition for storage is under consideration. The dimensions: 25 to 30 feet wide, and 40 feet long, "adequate at the present time," said Mr. Kerns. Ms. Stefen said when the staff comment was drawn up, she was not aware that the Kerns would be buying only a- portion of the property. She spelled out the conditions proposed: that the CUP be applicable only to the immediate area of the store, one acre in extent; the submission of a modified site plan approved by the Zoning Administrator before occupancy, showing an expansion no greater than 50o of the existing structure; hard - surfaced parking of one space per two hundred square feet of floor space. Building to be confined to use only as a general store; no conditions regarding time or transferability are suggested to be imposed. Mr. Kerns saw no problems in conforming to these conditions. He did 713 (PC 6/20/79) p. 6 ask if any objection would be made to his adding gas pumps. On the issue of sufficient parking, it was agreed that not much was needed and that there is ample space for it. The kind of surfacing for parking was also considered, and general agreement was that highway standards were not intended. Ms. Stefen specified that she did not mean asphalt; "Like chip- and - seal ?" asked Mr. Rosenberger. Mr. Kerns described it as tar - and -chip, at perhaps one - fifth the expense. "There is a home," said Mr. Kerns. "The home is being sold with the store that the property is on. That would be fine, to separate the store from the rest of the property," he allowed. "We're not going to require you to survey that," stated Ms. Stefen. The limitation of the CUP to the one acre around the store, she replied to the Chairman's question, she would hold to. Her concern is that parts and functions of the store should not appear at different parts of the seven acres. Only zoning change, Mr. Rosenberger asked, would require a survey? Right, said Ms. Stefen. The applicant can draw up a modified site plan himself without paying a surveyor's fee, she added. No objection was made. The Chairman observed that a store would probably be welcome in the area. Mr. Kerns mentioned receiving favorable com- ments. Replying to Mr. Rosenberger's question about adequate parking, Mr. Kerns stressed the relatively small selling area, 25' x 30'. Mr. Kirk spoke of his familiarity with the property when the store was operating, and when it was a postoffice, even when Mr. Shade was operating the store, "going 'way back," as he said. "I would think there should be a store there. It's not a crossroads, but it is a T going off the main road, and there should be a store..Four miles up that grade is a long way for a loaf of bread, or a pound of coffee, and if you would like a motion I'd be more than glad to make a motion that we accept this under the conditions stated." Other than obtaining another conditional use permit, said Ms. Stefen, this would be acceptable. On discussion, it was decided to incorporate the gas pump request in the present instance. 714 (PC 6/20/79) p.7 Mr. Rosenberger seconded Mr. Kirk's motion. The vote was: Kirk; Golladay; Brumback; Rosenberger; Gordon -- YES BE IT RESOLVED, that the Planning Commission recommend approval to the Board of Supervisors the Kerns petition subject to these conditions: Hard - surfaced parking, one space per two hundred sq. ft. of floor space in store, submission of modified site plan before occupancy, limiting expansion to 50% of structure, use as general store only, CUP to apply only to the one acre including the store, and the permitted use as a gas station. Replying to the Chairman's question, Ms. Stefen said the petition withdrawn from the June 20, 1979 agenda will be resubmitted when better researched. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, Chapter 21, Zoning, adopted July 12, 1978, to amend Section 21- 16v(5) and Section 21- 26x(14). This amendment is familiar, has been checked out by Mr. Ambrogi. To campgrounds as defined in A -1, the term "family campgrounds" has been added, and this will appear in both A -1 and A -2. Mr. Renalds when asked said he saw no problem in holding a joint public hearing on this one, and that it might be well to do so. The 22nd of August would be the date on which such joint hearing could be held. Mr. Golladay moved, Mr. Kirk seconded, the necessary motion. Mr. Brumback was asked to chair the meeting. BE IT RESOLVED, that a Joint Public Hearing with the Board of Super- visors be held on the Ordinance cited above on August 22, 1979. The motion was carried unanimously. Mr. Golladay proposed discussion of CUP's at the next scheduled work session on Tuesday, June 26. A priority list was mentioned to include home occupations as well, and - rezoning. Mr. Renalds spoke of compressing the time frame on all public hearings to less than sixty days from advertising to completion. The target, he said, was from thirty to forty -five days. 715 (PC 6/20/79) p.8 Ms. Stefen expressed the wish not to put conditional use permit changes into final form until there is time to discuss this with Warren county. There being no further business, the meeting was adjourned. Respectfully submitted, Dorothea L. St en Acting Secretary . n Gordon MINUTES OF THE WORKSESSION MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Frederick County Administration Building, June 26, 1979, 7:00 p.m. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel DeHaven, James Golladay, Jr.; W. French Kirk, Elmer Venskoske. ABSENT: Thomas Rosenberger CALL TO ORDER The Chairman called the meeting to order. No citizens were present for the scheduled fifteen minute citizen comment session. The Planning Commission discussed Home Occupation and after much debate the following wording shows their consensus: Home Occupations would have two listings in the definition section of the Zoning Ordinance as follows: Home Occupation Any occupation or business use conducted entirely within a dwelling house by members of the family residing on the premises, and that is clearly incidental and secondary to the residential use of the building. Home Occupation -- Accessory Structure An occupation or business conducted within any existing accessory structure by members of the family residing on the immediate premises, and that is clearly incidental and secondary to the residential use of the parcel or premises. Individual Section Changes should include the following: Sec. 21 -16(1) Home occupations as defined, with off - street parking as required by Sec. 21 -13 and with a zoning or building permit. Sec. 21- 16(v)(7) Home Occupation - Accessory structure as defined, with off- street parking as required by Sec. 21 -13 Sec. 21 -26(1) Home occupations as defined, with off - street parking as 717 (PC 6/26/79) p.2 required by Sec. 21 -13 and with a zoning or building permit. Section 21- 26(x)(19) Home occupation - Accessory structure as defined, with off - street parking as required by Sec. 21 -13. Section 21 -36(1) Home occupations as defined, with off - street parking as required by Sec. 21 -13 and with a zoning or building permit. Section 21 -36(m) Home occupation - Accessory structure as defined, with off - street parking as required by Sec. 21 -13. Section 21 -44(c) Home occupations as defined, with off - street parking as required by Sec. 21 -13 and with a zoning or building permit. Section 21 -44(1) Home occupation - Accessory structure as defined, with off - street parking as required by Section 21 -13. Section 21 -52(i) Home occupations as defined, with off - street parking as required by Sec. 21 -13 and with a zoning or building permit. Section 21 -52(p) Home occupation - Accessory structure as defined, with off - street parking as required by Sec. 21 -13. The Commission will again consider Home Occupations when the proposal has been checked by staff and the Commonwealth's Attorney. The status of Down Zoning was discussed. It was Agreed that the second regular meeting in July would be used for a workshop meeting as well as the meeting scheduled for July 23. There being no further business, Mr. Brumback moved to adjourn. Mr. Golladay seconded. The vote was unanimous and the Chairman adjourned the meeting. 718 (PC 6/26/79) p.3 Respectfully Submitted, Dorothea L. Stefen, Acti g Secretary ��L�OwMA6, ' /. C. ..& Gordo 719