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PC_08-16-78_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in._the:Board of Supervisors' Meeting Room, August 16, 1978 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel DeHaven; James Golladay, Jr.; Thomas Rosenberger; Herbert L. Sluder ABSENT: W. French Kirk; Elmer Venskoske CALL TO ORDER The Chairman called the meeting to - order and proceeded to the first order of business. Minutes of the Meeting -- August 2, 1978 -- Approved with Correction August 3, 1978 -- Approved as submitted Page 494 -- typographical error Page 498 -- add "attorney" to the motion A brief discussion was held on the advertising of Ordinance changes and it was noted that perhaps a better description could be used instead of listing the Section numbers. Mr. Berg stated that each section had a heading and this heading could be used in advertising. CONDITIONAL USE PERMIT #007 -77 -- Mrs. Adam Myers -- to operate a home for adults -- review of action taken on July 5th. action -- rescind action taken on July 5 Mr. Berg told the Commission that Mrs. Myers had contacted the Virginia Sprinkler Company and they had installed a sprinkler system and a pump on the well. Mr. Berg stated that Mrs. Myers could meet all the requirements of the Code and a permit could be issued by the Director of Inspections and the State Department of Welfare 501 (P /C 08/16/78) p 2 if the Commission would rescind its' action taken on July 5. It was noted that Mrs. Myers would be hooking up to public water and sewer when it becomes available in the fall. 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 rescind its action taken on July 5 and reinstate Mrs. Myers Conditional Use Permit. The motion passed by the following vote: DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman -- YES CUP #007 -78 -- Request by Bernard L. Cloud for an antique and Gift Shop. action -- Recommend aooroval Mr. Berg read the application to the Commission and stated that approval had been obtained from the Highway Department, Health Department and that all zoning requirements had been met. Bernard L. Cloud, applicant, appeared before the Commission and stated that there would be no changes made to the building. Upon motion made by James Golladay, Jr., and seconded by Frank Brumback, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval for a one year permit to the Board of Supervisors of this Conditional Use Permit 11007 -78. The motion passed by the following vote: DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman -- YES SITE PLAN Site Plan No. 007 -77 -- amended site plan for Bonanza Sirloin Pit. action -- tabled Mr. Berg showed the Commission the site plan that had been staff approved on March 29, 1977 for an addition to the original Bonanza Sirloin Pit. He also showed the amended site plan and stated that the amended plan was for existing conditions. Mr. Berg stated the site plan approved March 29 called for abandoning 502 (P /C 08- 16/78) p 3 the parking area and landscaping it and putting the parking area across the back of the building. Mr. Berg stated he had consulted two sources for parking area information, and the parking area on the amended site plan is insufficient. No one was present to represent the petition, therefore, the site plan was held to the end of the meeting. However, no one still appeared to represent the site plan, therefore the following motion was made by James Golladay, Jr., and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby table this site plan until the meeting of September 6th. The motion passed by the following vote: DeHaven; Golladay; Jr.; Brumback; Rosenberger; Chairman -- YES SUBDIVISION AND REZONING Request for one lot subdivision by the Nora Garber Trust. Zoning Map Amendment Petition #011 -78 of Julian T. Garber for Nora L. Garber Trust, P. 0. Box 67, Winchester, Virginia, requesting that approximately 2.217 acres on the East side of U. S. Route 522 South one -half mile from U. S. Route 50 East now zoned Business - Limited District (B -1) be rezoned: Industrial- Limited District (M -1). This property is designated as property identification numbers 64(A)5 and is in the Shawnee Magisterial District. action -- denied The Commission noted that this rezoning application had been tabled at their meeting of August 2. Mr. Berg presented the Commission with a letter that had been submitted by Ken Kisner (Plaza Real Estate) from James R. Wilkins, Jr. concerning the sight distance on Route 522. Reginald C. King, Resident Engineer of the Virginia Department of Highways and Transportation, appeared before the Commission and stated that there was a problem of sight distance for a commercial industry. Mr. King stated that he could not be sure the Department of Traffic and Safety would deny the permit, the only way to be sure would be for the owner to make application for an entrance permit and send it to Richmond. Mr. King stated they could recommend that a traffic count be made and the speed reduced. 503 (P /C 08/16/78) p 4 Ken Kisner, real estate agent; Donald Garber, applicant, appeared. before the commission. A discussion was held on the adjoining Wilkins lot. Mr. King noted that the best entrance to the property would be next to the Lowe's lot. The Commission kept referring•..to.:Mr; Wilkins letter therefore the following motion was made by James Golladay, Jr., and seconded by Frank Brumback: BE IT RESOLVED, That the Planning Commission for the County Frederick, Virginia, does hereby make the letter from Mr. Wilkins part of the minutes. The motion passed by the following vote: DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman; -- YES Wilkins Shoe Center, Inc. 7 South Loudoun Street Winchester, Virginia 22601 August 14, 1978 Mr. Ken Kisner Plaza Real Estate Agency 2400 Valley Avenue Winchester, Virginia 22601 Dear Ken: Reference is made to your letter of August 11, 1978, concerning the Garber property on the West side of Route 522. 1 would be glad to give my permission to have the front portion of my property graded in a manner such as to allow better visibility as well as ingress and egress to the Garber property and my own land. Naturally this grading would have to be done at no expense to me and also with my further approval at that time. As you are well aware, I support the Garber rezoning and if I can be of any further help, please feel free to call upon me. Sincerely, /s/ James R. Wilkins, Jr. A long discussion was held and the consensus of the Commission was to have highway approval before action was taken, however, the application had already been tabled once. Mr. Kisner told the Commission the prospective buyer of the property had 504 (P /C 08- 16/78) p 5 been delayed and they would like to know if the Commission was interested in rezoning the property or not. He stated that they didn't mind the wait if they knew how the Commission felt. The Chairman polled the Commission as to their feelings toward the rezoning. The consensus was that they would favor the rezoning if approval was obtained from the Highway Department. The Chairman stated the Commission was concerned with safety. 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 recommend denial to the Supervisors of this rezoning and subdivision request in their present form. It was advised that the applicant apply to the Highway Department for their recommendation. The motion passed by the following vote: DeHaven; Golladay; Jr.; Brumback; Rosenberger; Chairman -- YES Conditional Use Permit 11009 -78 -- request by Joseph Helsley to operate an auction. action -- recommend approval Mr. Berg told the Commission this was a request for a permit to operate an auction. He stated the application had received Health and Highway Department approval and it met zoning requirements. Mr. Berg told the Commission this auction house had been brought to the attention of the County by a citizen complaint. Thomas A. Schultz, Jr., attorney, and Mr. and Mrs. Helsley, applicants, appeared before the Commission. Mr. Schultz pointed out that the complaint had been issued because at the time of the complaint, auctions were not allowed in an agricultural zone, however, since the complaint the Commission and Board of Supervisors had amended the Ordinance to allow auctions in Agricultural zones with a conditional use permit. A discussion was held by the Commission. Mr. Sluder suggested that Mr. Helsley install a class II well. 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 recommend approval to the Board of Supervisors of a onea year permit with the condition that all parking he on the premises. 505 (P /C 08/16/78) p 6 The motion passed by the following vote: DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman -- YES The Commission discussed the Sanitation Authority, and it was suggested that perhaps Wellington Jones, Sanitation Authority Engineer Director, could meet with the Commission twice a -year and explain their projects and what is being accomplished, what is being planned, what falls through, and why. The Chairman suggested that perhaps a member of the Commission be liasion to the Sanitation Authority. Mr. Berg was asked to convey the discussion to Mr. Jones for further discussion at a later date. Mr. DeHaven brought up a discussion on a resident of the County being upset because his land was being rezoned from Industrial to Business. The Commission stated that at this point, the new maps were in theory only and they had not been finalized. . _'Adjournment Upon motion made by James Golladay, Jr., seconded by Frank Brumback 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. Lang o Gordon, Chairman Respectively submitted 4 4a a '4y H. Ronald Berg, Secretary 506