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PC_02-01-78_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room February 1, 1978 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback; Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; W. French Kirk; Thomas Rosenberger; Elmer Venskoske; Herbert L. Sluder ABSENT: None CALL TO ORDER The Chairman called the Meeting to Order and proceeded to the First Order of Business. Minutes of the Meeting -- January 18, 1978 -- Approved as Submitted Upon motion made by James Golladay, Jr. and seconded by Elmer Venskoske, BE'IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the minutes of the meeting of January 18, 1978, as submitted. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES Zoning Map Amendment Petition #018 -77 for Nat Smith -- request for map correction. Mr. Berg presented a letter to the Commission from Nat Smith withdrawing this request from this meeting. Discussion of the entrance alternatives for the Stine Industrial Park. Mr. Berg told the Commission that he would be meetin„ with Fred Stine, Jr., Reed Nester (City Planning Director), and Reginald C. King (Highway Department), on February.2, 1978, to discuss entrances to the Stine Industrial Park. He stated that Mr. Stine had indicated that He could meet with the Planning Commission on February 15. 394 (P /C 02/01/78) p 2 The Commission discussed the on -site inspection that they had to have with Mr. Stine before the meeting of February 15. The consensus of the Commission was to decide whether to go or not after Mr. Stine met with Mr. Berg, Mr. Nester, and Mr. King on February 2. PRESENTATION ON AUCTIONS Mr. Berg told the Commission that the staff was working on a definition that would separate auctions from retail businesses. He stated the definition they had come with was simply "a public sale of goods to the highest bidder other than Community non profit organizations ". Mr. Berg told the Commission he would like their input on this definition because he was a little uncomfortable with it. He stated it was being suggested that auctions be added to the A -1 and A -2 zoning districts as permitted uses with a Conditional Use Permit. A discussion followed and some of the Commission members expressed a desire of adding a time element to the definition. Mr. DeHaven suggested adding "one sale, one location, per year" Mr. Berg stated the Ordinance would be addressing commissioned type auctions only. The Commission discussed this definition at length and asked Mr. Berg to accept their recommendations and work some more on the definition and then they would continue their discussion at a later meeting. CAPITAL IMPROVEMENT PROGRAM Mr. Berg told the Commission he had consulted four different consulting firms and he presented them with a letter from Mr. Spencer H. Ellmore, Principal, Daniel A. Robinson & Associates of Charlottesville, Virginia. He stated Mr. Ellmore 395 (P /C 02/01/78) p 3 requested to meet with the Planning Commission on February 15, to give them some ideas on the program. A discussion was held and it was noted by Mr. Rosenberger that Daniel A. Robinson & Associates had helped the County during the annexation suit and the Commission agreed that Mr. Ellmore would have some knowledge of the County. Mr. Berg told the Commission that Mr. Ellmore had been asked to include a research on fiscal impact on single - family dwellings. He pointed out that most of the information used in the Capital Improvements Program would be projected figures. A discussion was held on spending the money for studies. Mr. Berg stated this would be a study to show how the County will have to prepare budgeting for the necessary projects needed by the County. Upon motion made by Frank Brumback and seconded by James Golladay, Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move to invite Mr. Ellmore from Daniel A. Robinson & Associates to the Planning Commission meeting of February 15, 1978. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES The Chairman called a five minute recess. The Chairman called the meeting back to order. CONDITIONAL USE PERMIT No. 007 -77 Mrs. Adam B. Myers Mr. Berg told the Commission Mrs. Myers had been issued a Conditional Use Permit on October 12, 1977 allowing her to operate a home for ambulatory adults. He stated that Mrs. Myers had a non - ambulatory person in her home and this was in violation of her Conditional Use Permit. Mr. Berg pointed out the reason Mrs. Myers was restricted to the ambulatory persons was because she does not have the proper fire facilities in her home. Mr. Berg stated that if Mrs. Myers home was 396 (P /C 02/01/78) p 4 to catch fire, the County would be held liable since they were aware of the violation. Glenn Williamson, Assistant Commonwealth Attorney, told the Commission they could get the patient to execute a release of liability form which would relieve the County of this responsibility in case of fire. He stated the release form should be signed by a son, daughter, or guardian of the patient. The consensus of the Commission was to get the release form signed immediately. It was noted that Mrs. Myers was in violation of the Zoning Ordinance. Mr. Williamson pointed out that Mrs. Myers could be sent a letter informing her of this violation and then the County would be protected until the release form could be obtained. Upon motion made by James Golladay, Jr., and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move that Mr. Berg notify Mrs. Myers that she is in violation and that the Planning Commission direct the Commonwealth Attorney's office to look into the situation and bring a recommendation back to the Board of Supervisors on their meeting of February 8, 1978 for action. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES Mr. Berg requested the Commission to go into executive session with the legal advisors to discuss a legal matter. Upon motion made by Manuel DeHaven and seconded by James Golladay, Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby go into executive session. The motion passed by unanimous vote. The Chairman reconvened the meeting. Upon motion made by James Golladay, Jr. and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move to come out of executive session. The motion passed by unanimous vote. 397 (P /C 02/01/78) p 5 Upon motion made by Thomas Rosenberger and seconded by Frank Brumback, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move to go back into regular session. The motion passed with a unanimous vote. The Chairman stated the executive session was dealing with a legal matter regarding the recently adopted Subdivision Ordinance. Mr. Berg reminded the Commission of their meeting with Thomas Malcolm and the Board's Capital Facilities Committee on Thursday, February 2, 1978 at Wore Adjournment Upon motion made by James Golladay, Jr., seconded by Elmer Venskoske and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting; there being no further business. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. Respectfully Submitted, H. Ronald Berg, Secretary J C. Langdon Gordo Chairman