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PC_10-03-79_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room, 10/3/79 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Elmer Venskoske; Thomas B. Rosenberger; W. French Kirk; Manuel DeHaven; James W. Golladay, Jr.; Herbert Sluder. The Chairman called the meeting to order. The first order of business the correction and approval of the minutes of the previous meeting, 9/19/79. Corrections were as follows: Page 5,seventh paragraph change Mr. Kirk to Mr. DeHaven; Page 7, third paragraph change "butte" to "but "; and, page 12, second paragraph change Mr. DeHaven to Mr. Kirk. On motion by Mr. Golladay, seconded by Mr. Venskoske, unanimous approval was voted. Chairman Gordon asked when item number 4 would be heard by the Planning Commission. Mr. Riley noted that this would be heard November 7th by the Planning Ccnuassion and November 14th by the Board of Supervisors. Mr. Riley also noted that Mr. J. E. Hart has withdrawn his request for downzoning. Chairman Gordon then acknowledged receipt of the Bimonthly report as information. Mr. Riley noted that Mr. Rhodes requested the Board of Supervisors to vacate the original subdivision plat. - mr. Rhodes was asking for this vacation since he had received another subdivision approval and could not record the second until the first tiasvacated. Mr. Riley noted that this was being presented to the Planning Commission as information only. SITE PLANS Request for Site Plan approval by Arthur H. and Dorothy H. Fulton in Opequon Magisterial District. Site Plan #022 -79. Action - Recommend approval Mr. Riley first gave background information, noting that the Health Depart- ment has approved for septic system on a limited basis. 817 (P /C 10/3/79) Page 2 Mr. Brumback first asked Mr. Sluder to further explain the limited septic system. Mr. Sluder noted that there was an existing limited drainfield with a well located very close and that the septic system will serve two employees adequately. There being no opposition, Mr. Golladay moved to approve this Site Plan. This was seconded by Mr. BrLunback and passed unanimously. BE IT RESOLVED, that the Planning Camrission recommend to the Board of Supervisors approval of the Arthur H. and Dorothy Fulton Site Plan No. 022 -79. Mr. Riley next discussed the criteria suggested for dawnzoning. Chairman Gordon relayed a letter from the Board of Supervisors regarding down zoning dated September 27, 1979. Chairman Gordon noted that the letter requested the continuing of investigation by the Planning Catmission of dawn zoning certain properties in the County. Cha irman Gordon further related that the Board requests that certain guidelines be developed to be followed by the Board should this project be pursued. Mr. Riley next read suggested guidelines.to use while going through maps discerning what properties would be eligible. Mr. Brumback questioned what the procedure would be to handle requests for spot zoning. Mr. Riley suggested that, in order to keep it side, it would all have to be done or none of it done. Being arbitrary in selection, Mr. Riley continued, would cause problems. Chairman Gordon noted that the Downzoning Ccmnittee was appointed to give a recommendation to the Cacmission and perhaps they should be given sane instruction as to how to proceed. Mr. Riley acknowledged that this is what the Carertittee needs and noted that there is a lot of confusion by taking hypothetical situations into account. Mr. Riley further explained that the Comprehensive Plan was taken public and passed and we are now MEW (P /C 10/3/79) Page 3 trying to bring this zoning into conformity. Mr. Brumback noted that this rezoning was done by the County and up until now they have not been taxed on this rezoning as such. Mr. Brmmiback added that things have changed now, since taxation will be based on zoning. Chairman Gordon noted that the decision should be made as to whether this downzoning should be made as a whole or by individuals. Mr. Riley stated that the majority of downzoning being done will go from a more intensive use to "A ".. Mr. Riley added that a lot of the zoning was based on the availability of water and sewer which did not materialize. Mr. Brumback commented that the suggested criteria looks workable,.except for the question of spot downzoning. Mr. Riley commented that this downzoning should be done on a comprehensive one -time basis to achieve conformity. Mr. Brmmback then asked if the criteria needs to be firmly established before public meetings. Mr. Riley suggested that a criteria should be established, but should stay flexible so that input from citizens can be incorporated. Mr. Rosenberger noted that it might be needed to have two meetings in some Districts as you should look at both the urban and rural comet mities. Mr. Golladay asked if any thought has been given to putting soils as a consideration in this. Mr. Riley noted that this could be done when the soil survey is completed. Mr. Riley added that land productivity could also be considered. Chairman Gordon asked if this would be addressed if the assessment is accurate. Mr. Riley then suggested that the Ccmmittes meet with the Planning Commission to go over the maps and formulate ideas. It was then decided by general concensus to meet October 16, 1979 at 7:00 p.m. in a work session meeting with the Dawn Zoning Cammittee to further study direction of criteria: 819 (P /C 10/3/79) Page 4 Mr. Golladay -.then asked if the financial consideration in this matter should be addressed. Mr. Riley noted that if this down zoning were done on a comprehensive basis the financial burden would be eliminated. PUBLIC HEARINGS Request for a conditional use permit for Arthur H. and Dorothy H. Fulton, No. 018 -79, for a trailer repair shop, Opequon Magisterial District. ACTION - Recommend Approval with stipulations Mr. Riley first gave background information to the Commission, noting that a one -year renewal be requested. IVIr. Robert Fulton then came forward and introduced himself to the Commission. Mr. Golladay asked for clarification of the Highway Department ccnment regarding permit requirements. Mr. Riley noted that this would be required if there was to be any work on State right -of -ways. Mr. Golladay then asked Mr. Fulton if he had any comments on the limiting of trailers to those used by their business only. Mr. Fulton replied that he did not. Mr. Golladay then asked if Mr. Fulton had any comment cn the screening of any outside storage of trailers. Mr. Fulton noted that any damaged trailers would be in the shop. In answer to Mr. Golladay's question regarding the one year renewal, Mr. Fulton asked if it would automatically be renewed. Mr. Riley noted that if no complaints were received, this permit would be automatically advertised at the beginning of the year and be passed as one block at one Planning Commission Meeting. There being no one present in opposition, Mr. Golladay moved for the approval of this conditional use permit with the following conditions: (P /C 10/3/79) Page 5 1. It be limited to trailers to be repaired to those used in the trucking business. 2. That if there is outside storage of damaged trailers there will be adequate screening from residential areas. 3. That this be a one year, renewable permit. This motion was then seconded by Mr. Bnmiback and passed unanimously. BE IT RESOLVED, that the Planning Commission reccamiends approval of the Arthur H. & Dorothy H. Fulton Conditional Use Permit, No. 018 -79, to the Board of Supervisors with the.stipulation that it be limited to trailers to be repaired to those used in the trucking_busines's ;..that if there is outside storage of damaged trailers there will be adequate screening from residential areas; and, that this be a one year renewable permit. Request for Rezoning by Winchester Rendering Company, No. 011 -79, Gainesboro Magisterial District. ACTION - Recommend Approval Mr. Riley presented background information. Mr. Sluder added that he understood that a suitable drainfield location has been found, however, it is not on the property owned by Winchester Rendering. Mr. Sluder added that provision should be made to have access to drainfield area by Winchester Rendering. Mr. Joe Massie then came forward and introduced himself to the Commission, explaining that he represents the Winchester Rendering Ccrrpany and Mr. Gerald Smith the President. Mr. Massie then passed out copies of a site plan, and noted that he just wanted to show the Camiission the site plan for further explanation. Mr. Massie noted that Mr. Smith owned adjoining property and that he is the president and major stock- holder in Winchester Rendering Company, Inc. Mr. Massie further explained that the Health Department found a site on Mr. Smith's private land and Mr. Smith will enter into an easement with the Corporation to place the drainfield on the land and a survey will be made of this. Mr. Massie noted that the proposed building would be like the Farm Credit Building on Route 522. Cha irman Gordon asked if the staff reccamended that this be rezoned M -2. 821 (P /C 10/3/79) Page 6 Mr. Riley noted that this is what Ms. Stefen advised Mr. Massie and that he would concur with that since it is an expansion of an existing use. Mr. Rosenberger asked if all the present M -2 zoning is now across the road. Mr. Massie noted that it was. Mr. Bnunback then asked if this has to be rezoned to have an office building. Mr. Riley noted that M -2 is the highest, and that you could have a B zoning. Mr. Riley explained that this has been done for uniformity. Mr. Brumback then asked what the acreage of the application was. Mr. Riley noted that it was for five acres. Mr. Brumback then asked how much of the five acres would be used. Mr. Smith answered approximately an acre and one half. Mr. Brumback then asked how much of the original M -2 zoning is presently being used. Mr. Smith answered that approximately seven acres was being used, with a pond covering another three acres and with waste water for spray irrigation covering more. Mr. Bnunback then questioned if it was good planning to rezone five more acres when the company is only using a small portion of the land that is already zoned M -2. In answer to Mr. Rosenberger's question, Mr. Smith noted that there are currently four people working in the office excluding himself.and that daily there would only be an average of one person visiting the office. Mr. Rosenberger then asked how long the M -2 zoning has been there. Mr. Smith noted that the zoning was done after the comprehensive rezoning but it was a nonconforming use. Mr. Golladay then noted that there is not Health Department approval of this and it has always been the policy of the Planning CcmTission to have approval from all bodies. 822 (P /C 10/3/79) Page 7 Mr. Riley noted that the site plan would still cane before the Planning Cc¢nission for approval. Chairman Gordon noted that Mr. Sluder's verbal statement could be accepted. Cha irman Gordon then asked if there was any one in opposition. There being none, Mr. Brumback noted that they are only using 10% of the land zoned M -2 and that he can not see rezoning. Mr. Smith noted that there are a lot of hills on the M -2 zoning, leaving approximately 12 acres of flat land. Mr. Smith also noted that he thought this office building would enhance the area. Mr. Venskoske made a motion that the Planning Conmission approve the rezoning. This was seconded by Mr. Rosenberger and voted on as follows: Yes - Gordon;'Vehskoske;. Kirk;.:DeHaven; Golladay No - Brumback BE IT RESOLVED, that the Pl annin g Conmission recacmend to the Board of Supervisors approval of the Winchester Rendering Rezoning Application No. 011 -79. Request for a Conditional Use Permit by Winchester Rendering, No. 019 -79, for an office building and parking, Gainesboro Magisterial District. ACTION - Reco mend Approval Mr. Riley first gave background information. Mr. Brumback next questioned if this can be acted on before the rezoning is completed. Mr. Riley noted that these were being heard together to try and expedite the proceedings. Mr. Riley further explained that the individual can not have one with- out the other and noted that the Site Plan still needs to be heard. Mr. BrLunback questioned if this was fair to the public in general. Mr. Golladay noted that he questioned the advisability of the Conditional Use Permit in the M -2 zone. Mr. Rosenberger noted that this procedure seems to be fine so long as everyone 823 (P /C 10/3/79) Page 8 is-:notified and it shortens the period of time involved. Mr. Golladay asked if this permit would be for one year only. Mr. Riley suggested that a longer renewal period should be given. Chairman Gordon explained that in the past a permit of this type was only requested to renew when the business changes hands. Mr. Golladay then asked what the difference is between an office building and Mr. Fulton's garage. Mr. Rosenberger noted that the nature of the garage could create noise and outside storage problems. There being no opposition in the audience, Mr. Rosenberger made a motion for approval as long as the office - building remains part of the Winchester Rendering Company, Inc., This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission reccmmend to the Board of Supervisors approval of conditional use permit #019 -79 of the Winchester Rendering Company and that this conditional use permit only be renewed if the office building changes ownership. Request for a conditional use permit for Angelo Funkhouser, No. 020 -79, for the placement of a mobile -home, Stonewall Magisterial District. ACTION- Reccumend Approval Mr. Riley first gave background information and explained that this was before the Commission because this is a non - conforming use. Mr. Riley further explained that Mr. Funkhouser had expended a considerable amount of funds into this lot, putting in septic fields and tank before he realized that he was in violation of the code. Mr. Riley noted that there had been and are now mobile hones in this District. and Mr. Funkhouser is renewing a non - conforming use. Mr. Riley also noted that Mr. Funkhouser was granted temporary occupancy by the Board. Mr. Funkhouser then came forward and introduced himself to the Commission, noting that the mobile hone is now on the lot and anchored. Mr. Riley next relayed a memorandum. from staff to the Board, noting that the mobile hone is not allowed in a residential district however section 21- 150(e) does 824 (P/C;10/3/79) Page 9 allow for abandoned uses to be re- activated with a conditional use permit. Chairman Gordon asked, with reference to the two year limitation, what would happen at the end of this period if sewer were not available. Mr. Riley noted he could cane back for an extension. Cha irman Gordon then asked if this might be setting a precedent. Mr. Riley noted that this area is unusual because there are similar uses there and there have been pre - existing uses. Mr. DeHaven added that this is right behind the nursery and that this area is also co miercial. I4r. Sluder noted that the Sanitation Authority had no immediate plans to run sewer dawn that street. Mr. Sluder also noted that the septic system would be adequate for a couple of years or longer. There being no opposition, Mr. DeHaven made a motion for approval of this conditional use permit for a two year period. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission recanrnnd to the Board of Supervisors approval of conditional use permit #020 -79 for Angelo Funkhouser for a two year period of time. Chairman Gordon.noted that next on the agenda was the discussion of the amendment changes. Mr. Riley then read the proposed amendment as follows: An ordinance to amend the Frederick County Code, Chapter 21, zoning, adopted July 12, 1978, to amend Sec. 21 -1; delete Hone Occupation Accessory Structure, amend Sec. 21- 16(L), delete Sec. 21- 16(v)(7), amend Sec. 21- 26(L), delete Sec. 21- 26(x)(19), amend Sec. 21 -35; amend Sec. 21- 36(L), delete Sec. 21- 36(m), amend Sec. 21 -43, amend Sec. 21-44 (c) , delete Sec. 21- 44(L), amend Sec. 21- 52(i), delete Sec. 21- 52(p). Mr. Golladay then made a motion to recce mend approval of this amendment to the Board of Supervisors. This was seconded by Mr. Kirk and passed unanimously. 825 (P /C 10/3/79) Page 10 BE IT RESOLVED, that the Planning Commission recommend approval of the foregoing to the Board of Supervisors. Mr. Riley next addressed the ordinance change of definition as follows: Proposed change: Frontage The miniman 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 minimum building setback line as defined and required herein. For purposes of det frontage, rights -of -way shall not be construed as frontage for a deeded parcel unless such right -of -way provides the only means of access to said deeded parcel. NOTE: Change is in phrase "minimum building setback line ", adding the word minimum. Mr. Riley noted that this change would just establish frontage at the minimum instead of at the building setback line. Mr. DeHaven then made a motion to recammend approval of this amendment change to the Board of Supervisors. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Ccnv fission recommiend approval of the foregoing to the Board of Supervisors. Mr. Riley then noted the next amendment change to be an ordinance to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend Article II, Section 21 -11 Conditional Use Permits. Mr. Riley noted that copies of this were included in the agenda and explained that this is being amended to allow the Planning Commission and the Board to insure suitable regulations and safeguards by considering criteria mentioned. Mr. Riley added that it also gives guidelines as to what type of conditions you might place on a particular conditional use permit. Chairman Gordon noted that this is just giving more detail to this section. Mr. Riley stated that this will also give the applicant sane idea what might be required of him. There being no one present in opposition, Mr. Bnunback made a motion to approve this amendment change. This was seconded by Mr. Venskoske and passed unanimously. M (P /C 10/3/79) Page 11 BE IT RESOLVED, that the Planning C�ission recormend approval to the Board of Supervisors of the amendment change to Artcile II, Section 21 -11 Conditional Use Permits. Mr. Riley noted that variance information included in the agenda were for information only. There being no further business, Mr. Golladay made a motion to adjourn. This was seconded by Mr. DeHaven and passed unanimously. Respectfully h. • ra - 71- 827