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PC-02-15-78_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room February 15, 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. r Minutes of the Meeting -- February 1, 1978 -- Approved as Submitted February 2, 1978 -- Approved as Submitted 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 approve the minutes of February 1, and February 2, as submitted. The motion passed by a unanimous vote. CAPITAL IMPROVEMENTS PROGRAM (Presentation by Daniel A. Robinson and Associates) Mr. Spencer Ellmore and Mr. Harry Burk, representatives of Daniel A. Robinson and Associates, appeared before the Commission to discuss the proposal they had submitted for the Capital Improvements Program. Mr. Ellmore told the Commission they had been asked to submit a proposal to provide consulting assistance to the County in preparation of a Capital Improvements Program and also to perform an analysis of Residential development in the context of what it is costing the County to provide services to these developments versus what the County is receiving in revenue. 402 (P /C 02/15/78) p 2 Mr. Ellmore stated the Capital Improvements Program was not a study but a process by which the Comprehensive Plan and the budgetary process of the County would be tied together. Mr. Burk stated that this would be a program that would be worked,on jointly by the Commission and the Board of Supervisors, and that the two bodies would be annually reviewing the projects and changing them as necessary. Mr. Rosenberger stated that he felt some of the County Officials (engineer, auditor, planner, administrator, school board, etc) could provide the needs of the-County. Mr. Burk told the Commission that the information would be provided by these County Officials and then the firm of Daniel A. Robinson & Associates would help the County plan for the financing of these projects. CARRALTON SUB - DIVISION Dave Holliday, of Dave Holliday Construction Company, appeared before the Commission and told them he was purchasing the Carralton Sub - division which consists of thirty -five (35) five (5) acre lots located on Route 669 north- west of Clearbrook. He told the Commission he was not happy with the way the subdivision had been recorded because of the long, skinny lots. Mr. Holliday presented a preliminary plat which he had had his surveyor draw up with seventy- four (74) two (2) acre lots. Mr. Holliday told the commission he had asked to talk.with them in order to find out if they would be receptive to an application to rezone the property so that he could have the two acre lots. The Commission was asked to voice their opinions and some of them did not like the idea of the two acre lots in this particular area and some felt they did not have enough information concerning the health_:- department's approval to even consider the proposal. 403 (P /C 02/15/78) p 3 Mr. Venskoske left the room during Mr. Holliday's presentation. A five (5) minute recess was held. The Chairman reconvened the meeting. SUBDIVIDED LAND SALES ACT (House Bill 11161) Mr. Berg told the Commission a copy of this House Bill 11161 was in their agenda and that Mrs. S. J. Dorman,who had been a member of the committee that drafted the bill, was available for discussion. Mrs. S. J. Dorman appeared before the Commission and told them that this bill had been introduced due to problems caused by stated some of the problems as being: people with people who can not get deeds to their properties, roads, etc. Mrs. Dorman asked the Commission for Mr. Berg told the Commission that there were important in the bill: land developers. She liens on their property, inpaid taxes, unfinished their support on this bill. two things that were most (1) Transfer of ownership. It shall be unlawful for the developer to transfer legal ownership of lots or parcels within a development by any other means than by a general warranty deed or a deed complying with Title 55, Chapter 4, of the Code of Virginia. (2) Blanket Encumbrances. It shall be unlawful for any developer.or agent to sell or lease lots in a subdivision that is, subject to a blanket encumbrance unless the blanket encumbrance or effective supplemental agreement contains a release provision permitting legal title to individual lots. Mr. Berg pointed out that House Bill 11161 would require that Home Owners Associations would be taking over amenitites. He stated this would be an assurance that the developer would put in the amenitites that he had promised. The Home Owners Association would take over when 75% of the land had been sold 404 (P /C 02/15/78) p 4 so that they would be in action before the subdivision would be completed. The Commission carried on a brief discussion with Mrs. Dorman. Upon motion made by Frank Brumback and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby go on record of supporting this House Bill 11161. The motion passed by a unanimous vote. AUCTIONS Mr. Berg presented a definition of Auctions as being: "A building in which the commissioned public sale of goods to the highest bidder is conducted by a licensed auctioneer that occurs more frequently than once a year for other than community non profit organizations." Mr. Berg stated that Auctions would be a permitted use in A -1 and A -2 zones with a Conditional Use Permit. He also stated modification should be made in the B -2 zone to separate retail stores and auctions. The Commission discussed this briefly and the consensus was that a public hearing should be held. Discussion of Stine Industrial Park Mr. Berg told the Commission he had met with Mr. Stine, Mr. Nester, and Mr. King on February 2, 1978. He told them Mr. Stine had nothing new to add concerning the entrances to the Park, therefore, Mr. Stine would not be meeting with the Commission. The Commission held a discussion concerning these problems with the Stine Industrial Park. Upon motion made by Thomas Rosenberger and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move that before they approve anything further for the Stine Industrial Park, they request that Mr. Stine give definite information on additional access roads to the Park. The motion passed by a unanimous vote. 405 (P /C 02/15/78) p 5 Mrs. Myers - Conditional Use Permit Mr. Kirk asked if Mrs. Adam Myers had signed a waiver as discussed in the minutes of February 1, 1978. Mr. Berg told the Commission that Mrs. Myers had been sent a letter citing her violation of her Conditional Use Permit and the Frederick County Zoning Ordinance and that a waiver had been prepared by Mr. Ambrogi's office and that it would be signed in a few days. ADJOURNMENT Upon motion made by James Golladay, Jr., seconded by W. French�Kirk 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, i. Ronald Berg, Secreta /J I d���r C. Lan don Gordon, Chairman 406