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PC_12-05-79_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 12/5/79 PRESENT: C. Langdon.Gordon, Chairman; Frank Brumback, Vice - Chairman; Elmer Venskoske; Thomas B. Rosenberger; W. French Kirk; Manuel C. DeHaven; James Golladay, Jr.; Herbert Sluder. The Chairman called the meeting to order. The first order of business was the consideration of the minutes of the two previous meetings, November 7 and 21, 1979. Corrections were as follows: Page 11, change Bishops to Bishop in 4th paragraph; Page 12, change Mr. Wietzell to Mr. Weitzell; Page 6, change Mr. Brumback's question to Mr. DeHaven's question in 3rd paragraph; add Mr. Gordon to yes-vote on Page 21; and, in November 21, 1979 minutes correct:typographical error in second paragraph. There being no further corrections, Mr. Venskoske made a motior to approve the minutes as corrected. This was seconded by Mr. Kirk and passed unanimously. f : 3i 1 ii (i ] ki 4 Y . L1 l Afti a*616 y Mr. Brumback first asked what the status is on the Round Hill Fire Department site plan. Mr. Sluder explained that the Health Department has decided to issue a permit on this. In answer to Mr. Rosenberger's question, Mr. Sluder explained that the drainfields will be spread out some because of the occasional high number of people using this facility as proposed in their letter of intended use. Mr. Sluder also noted that a drainfield site could not be found on Lot 84 of the Merriman Estate Subdivision, Section III and further explained that it had been requested by the owner that this lot be stamped "not suited for drainfield". Chairman Gordon commented that the Planning Commission has a policy of not approving plats that include lots that are not approved by the Health Department for drainfields. Chairman Gordon explained that this lot could be made a part of another lot. Chairman Gordon then asked that staff make Mr. Ben Butler aware of the Commission's policy. In answer to Chairman Gordon's question regarding the Leon Zeiger Subdivision, Mr. Riley noted that Mr. Ambrogi is working on this and that Mr. Ambrogi has not gotten back yet on this. The Bimonthly report was then acknowledged as received for information. Planning Commission -2- 12/5/79 SUBDIVISION Request for redivision approval by Windy Hill Subdivision, 3.9 acres, zoned B -2, in the Shawnee Magisterial District. ACTION - Recommend Approval Mr. Riley noted that staff recommends approval since all reviewing agencies indicated having no objection. Mr. Riley further ex- plained that Lot 4A would be made a part of the Garber Ice Cream Lot. Mr. Donald Garber then came forward and introduced himself to the Commission and noted that the lots will be divided in the middle of the sewer easement. In answer to Mr. Rosenberger's question, Mr. Garber noted that this redivision would make the Garber Ice Cream Lot approximately 2 3/4 acres. Mr. Garber also explained that the Adams Property is also going to be deeded to Garber Ice Cream. There being no one present in opposition, Mr. Brumback made a motion to recommend approval of this redivision. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission recommends approval of the Windy Hill Subdivision redivision to the Board of Supervisors. Mr. DeHaven then requested that copies of the property identifi- cation listings be made available to the Planning Commission members. Mr. Riley noted that providing a copy to each member would be cost prohibitive but suggested that perhaps one updated version could be made available to the Planning Commission for their use. Mr. Riley next informed the Planning Commission that an Assistant to the Director has been hired and his name is John Horne who currently is M, Planning Commission -3- 12/7/79 employed by the State of Tennessee. Mr. Riley noted that Mr. Horne will be coming to Frederick County as of the first of the year. Mr. Riley further explained that tor. Horne is presently a member of a two member staff and that he works directly with the local governing body in an advisory and support capacity. Mr. Riley next reported that Mr. Sam Lehman, Mr. Roy Jennings and himself have gone.back through the maps and have better organized the presentation for the joint meeting. Mr. Riley related that he will also be presenting to the Board a summary of what the Planning Commission and Downzoning Committee have accomplished to this date, the criteria used, problems encountered regarding use, and the staff's general philosophy as far as zoning is concerned. Mr. Riley further explained that the governing body and Planning Commission have the most discretion when zoning is involved. Once the rezoning is established, the use it is put to is fundamental, administrative in nature and the input is more limited, continued Mr. Riley. Mr. Brumback noted that Mr. DeOms is hoping to have statistical information available for public hearings regarding farm products in Frederick County and the number of people related to agricultural business. Mr. Brumback then asked what the timetable is going to be for the Compre- hensive Plan and Land Use map revisions. Mr. Riley suggested that this portion should be updated when the new census information is available in 1980. Mr. Riley noted that what is being done now is to bring the zoning map in line with the land use map. Mr. Golladay noted that there would be changes in the land use map at the same time. Chairman Gordon added that he thought the Commission was moving 871 Planning Commission -4- 12/5/79 to bring both the land use map and the zoning map into line at the same time in order not to leave the County open to a court challenge. Mr. Riley commented that it is most important to bring zoning into line and, if and when it goes through, then look at the land use plan and the changes that need to be made. Mr. Riley noted that in considering the land use plan, public water and sewer will need to be looked into. Mr. Brumback explained that when this land use plan was developed the Commission was looking for water and sewer to materialize in areas it did not. Mr. Riley commented that the zoning should first be brought in line and then the land use portion of the comprehensive plan can be addressed to make sure it reflects the present day thinking. Mr. Riley suggested that the correct procedure for changing the Land Use Plan would be to first put it to committee, discuss it at a worksession, then take it to a public meeting followed by a public hearing. Mr. Brumback questioned if the Commission might be creating double work for themselves by not looking at both the zoning changes and land use plan changes at the same time. Mr. DeHaven noted that handling these simultaneously might be confusing to the public. Chairman Gordon noted that the County needs to be sure it is not leaving itself open to lawsuits. Mr. Riley noted that the zoning being taken out is not being said to be bad zoning but the County at this time cannot supply facilities to these properties. Mr. Riley further stated that this is a land use map projected until 1990 and it only designates areas as being suitable for future growth. In answer to Mr. Brumback's question regarding water and sewer, 872 Planning Commission -5- 12/7/79 Mr. Riley noted that Mr. Wellington Jones will be attending the joint meeting on December 6, 1979. Mr. Brumback commented that outside interests might question why the areas that are designated for services in the land use plan have not received these services. Mr. Riley stated that by bringing the zoning into line now, there will be a handle on the situation and there will be the opportunity for professional input on how Frederick County develops. Chairman Gordon commented that the importance of a timetable is what needs to be considered. Chairman Gordon noted that he felt the Land Use Plan needs to be addressed as soon as possible. Mr. Rosenberger then questioned Mr. Riley regarding his thoughts on the cloverleafs on the interstate. Mr. Riley noted that the only area he could see for discussion is the Kernstown area. Mr. Riley further explained that the zoning around the interchanges is not bad, we are just not ready for it now. Mr. Golladay then stated that a developer had questioned him regarding the need for a subdivision to have a park in the Opequon District when there is already a County Park in the area. Mr. Golladay then asked if the area in the subdivision had been dedicated to the County. Mr. Golladay also mentioned that this took place before the Park was established. Chairman Gordon noted that there are several existing situations like this which have caused problems over the years. Chairman Gordon then raised the question of who should maintain these areas. Mr. Riley noted that he thought it the responsibility of Parks and Recreation and offered to look into this. Mr. Riley then read a letter from the Health Department regarding large lot subdivisions that do not require health department approval before going to record. Mr. Riley 873 Planning Commission -6- 12/7/79 read the intent of the letter as being a suggestion that no subdivision regardless of size be allowed to go to record without involving the same type of evaluation for drainfield location by the health department. Mr. Sluder also mentioned that more stringent laws may be in effect in 1981. Mr. Brumback then stated that there will be problems down the road if you tell someone the land will perk this year and that it will not next year, when he goes to put a dwelling on it. Mr. Brumback suggested that perhaps information regarding this should be made available now PUBLIC HEARING CONDITIONAL USE PERMITS Request for a Conditional Use Permit for Curtis R. Hansen, No. 023 -79, for an automotive repair garage, Opequon Magisterial District. ACTION: Approved w/ Conditions Mr. Riley first gave the background information, Mr. Curtis R. Hansen then came forward and introduced himself to the Commission and further noted that this is an existing garage. Chairman Gordon then asked if Mr. Hansen felt his work could be done entirely inside the building. Mr. Hansen answered that all repairs would be done inside other than something minor like changing a tire outside. Mr. DeHaven next asked Mr. Riley if someone had a conditional use permit at this location. Mr. Golladay noted that conditional use permit 020 -78 under the name of Powell is the same property. Mr. Golladay also noted that the last time this came up there were several people objecting to the hours and the 874 Planning Commission -7- noise of such an operation. 12/7/79 Mr. Riley then noted that a letter had been received from Mr. Bernard L. Cloud, an adjoiner. The Planning Commission, by general concensus, requested that the following letter read by Mr. Riley be in- cluded as part of the minutes. November 2, 1979 Bernard L. Cloud 2658 Jeb Drive Winchester, Virginia 22601 Mr. John R. Riley, Planning Director Frederick County Department of Planning & Development P. 0. Box 601 9 Court Square Winchester, Virginia 22601 Dear Mr. Riley: RE: Application of Curtis R. Hansen Conditional Use Permit for a two -bay garage Due to the fact that I will be out of town on November 7, 1979, and will not be able to attend the Frederick County Planning Commission's Meeting with reference to the above captioned, I am submitting this letter which states my views on the possible change of restriction at this location. I wish for this letter to be read aloud so that my views can be made public on the issue. As a property owner in the vicinity of the above captioned. applicant, I feel that the restriction pre- viously placed on this property "that all vehicle and parts storage should be INSIDE ONLY should remain, in order to protect the surrounding neighborhood. Without this restriction, too many such operations soon get a "Junk Yard" look on the exterior. Sincerely, BLC /cc Bernard L. Plantation Middletown, 875 Cloud, Owner Garden Apartments Virginia Planning Commission -8- 12/7/79 In answer to Mr. Rosenberger's question, Mr. Hansen noted that the entire septic system is on the property he owns. Mr. Sluder commented that he found no problem so long as this is used as a repair shop with only two or three employees. Chairman Gordon then asked if there would be any problem with the condition of hours from 8 a.m. to 8 p.m. Mr. Hansen stated that he will not be opening the establishment to solicit garage work and further explained that he owns a car lot in Winchester and will be working primarily on his own vehicles. Mr. Hansen continued, noting that he did not want to limit himself to only working on his own vehicles. Mr. DeHaven then asked if there would be car sales taking place at the garage. Mr. Hansen stated that there would not be car sales at that location. Chairman Gordon commented that the last conditional use permit limited the owners to daylight hours and asked if Mr. Hansen could live with daylight hours also. Mr. Hansen commented that he did know that he would not want to be limited to daylight hours as he would be running another business in Winchester and added that he realized the neighbors are entitled to quiet. Mr. Brumback noted that it was his concern that the neighbors not be disturbed as there will be other people working for Mr. Hansen. Mr. Golladay stated that the hours were his concern as the area is primarily residential and further stated that the condition should still be daylight hours. In answer to Chairman Gordon's question, Mr. Riley explained 3l� Planning Commission -9- 12/7/79 that when, in his staff comments, he recommends a conditional use permit to run indefinitely it is still reviewed by staff each year. Chairman Gordon suggested that perhaps changing the word "indefinitely" would be better and added that reapproving conditional use permits that have a one year renewal would be automatically done by staff. Chairman Gordon also noted that the list of conditional use permits provided today by staff can also be renewed by staff without advertising. Mr. Riley explained that he was concerned about advertising these conditional use permits because of the recent Poe ruling. Mr. Golladay then made a motion to approve this conditional use permit with the following conditions: That the permit should run until change in use or occupancy; that there is no outside storage or repair; that the hours of operation be 8 a.m. to 8 p.m. on Monday through Friday and 8 a.m. to 5 p.m. on Saturdays; and that this permit shall run indefinitely (with annual administative review). This was seconded by Mr. DeHaven. The vote was as follows: YES: Messrs. Venskoske, Golladay, DeHaven, Kirk. NO: Messrs. Rosenberger, Brumback, Gordon. BE IT RESOLVED, that the Planning Commission recommend to the Board of Supervisors approval of Conditional Use Permit No. 023 -79 of Mr. Curtis Hansen with the following conditions: That the permit should run until change in use or occupancy; that there is no outside storage or repair; that the hours of operation be 8 a.m. to 8 p.m. on Monday through Friday and 8 a.m. to 5 p.m. on Saturdays; and, that this permit shall run indefinitely (with annual administrative review). Chairman Gordon noted that this will be recommended for approval with the stipulations.no ted to the Board. Mr. Hansen then stated that he did object to the hours imposed to work on his own property and further stated that he would not be in town during the week of the Board of Supervisors meeting. Mr. Golladay noted that when the Commission said hours of operation it was talking about hours open to the public. 877 Planning Commission -10- 12/7/79 Mr. Brumback noted that there seemed to be some misunderstanding regarding interpretation of hours of operation. Mr. Golladay then made a motion to rescind the previous motion This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby rescind the foregoing motion with regard to Curtis R. Hansen. Mr. Golladay then made a motion to approve this conditional use permit with the following conditions: That the permit shall run until change in use or occupancy; that there is no outside storage or repair; that hours open to the public will be 8 a.m, to 8 p.m., Monday through Friday and 8 a.m. to 5 p.m. on Saturday; and, that this permit shall run indefinitely (with annual administrative review). Mr. DeHaven seconded this motion and it was passed unanimously. BE IT RESOLVED, that the Planning Commission recommends approval of the conditional use permit #023 -79 to the Board of Supervisors with the following conditions: That the permit should run until change in use or occupancy;�,that: there is no-outside storage or repair; that hours open to the public will be 8 a.m. to 8 p.m., Monday through Friday and 8 a.m. to 5 p.m. on Saturdays; and, that this permit shall run indefinitely (with annual administrative review). Ms. Debbie Brumback then commented that the writing on the barn roof at the Poe Campground was prohibited and questioned if the Cedar Creek Campground advertising should also be prohibited. Mr. Riley was then asked to look into this situation. Mr. Riley next reported on information received regarding land use taxation. Mr. Riley noted that it seems that zoning plays no part in land use taxation. Mr. Rosenberger suggested that letters to the representatives should be written, letting them know the feelings on this subject. a Planning Commission -11- 12/7/79 Mr. Riley commented that he felt the farmer needs this tax break and that loopholes should be looked into so there is no abuse. Mr. Brumback noted that the County needs to be careful not to destroy what it has. Mr. Riley next reported that the copies of the variances enclosed were for information. Mr. Brumback next reported that the Committee on Prime Agricultural land is presently at a standstill because of the needed completion of soil survey work before continuing. There being no further business, Mr. Venskoske made a motion to adjourn. This was seconded by Mr. DeHaven and passed unanimously. Respectfully Submitted, mm � OPM '_ I _ C. Langoon Gordon, Chairman