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PC_12-06-78_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held the Board of Supervisors' Meeting Room, December 6, 1978. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; James Golladay, Jr.; W. French Kirk; Manuel DeHaven; Elmer Venskoske ABSENT: Thomas Rosenberger; Herbert L.-Sluder CALL TO ORDER The Chairman called the meeting to order and proceeded to the first order of business. Minutes of the Meeting -- November 15, 1978 -- Approved with Correction. page 568 -- typographical error Upon motion made by W. French Kirk 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 November 15, 1978 with correction. The motion passed by a unanimous vote. BIMONTHLY REPORT The bimonthly report was discussed. Mr. Berg explained the staff approved site plans and the subdivision plats. SITE PLANS Site Plan #027 -78 -- request by Charles W. and Shirley Omps for approval of an addition to the Omps' Garage located on Route 522 North in Gainesboro Magisterial District. Action -- Recommend Approval Mr. Berg the Commission this was for an addition to the existing Omps' Garage building. The small building on the north side of the garage would be 572 (P /C 12/06/78) p 2 moved to the rear of the property and a forty -five foot by seventy foot addition would be added to the existing garage building. Mr. Berg stated there would be a gravel surfaced storage area for vehicles waiting to be repaired and it would be screened. Mr. Berg told the Commission that during the rezoning request, one person appeared (Mr. McCabe) and he had been notified by mail that the site plan was being considered by the Commission. Mr. Berg stated all requirements had been met.. Shirley and Charles Omps, applicants, appeared before the Commission. Mr. Omps stated the back corner of the lot would be screened with pine shrubbery and the front of the property would be screened with a chain link fence. The Commission held a brief discussion. There being no opposition, the following motion was made by Elmer Venskoske and seconded by W. French Kirk: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this Site Plan. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES Site Plan 4031 -78 -- request by Ferguson Enterprises, Inc. for approval of a wholesale plumbing and heating business to be located on Route 522 South in Shawnee Magisterial District. Action -- Recommend Approval Mr. Berg told the Commission this property had been rezoned in November and there had been a problem with the proposed entrance to the lot, however, the problem had been deleted and the entrance did meet Virginia Department of Highways and Transportation requirements. Mr. Berg stated there would be a warehouse building, office and showroom area, and a sales loading dock and ramp. He stated the building would be serviced by the 573 (P /C 12/06/78) p 3 City of Winchester with water and sewer Mr. Berg noted that the erosion and sedimentation control plan had been approved by the Department of Public Works. Jack Herring, Winchester Manager of Ferguson Enterprises, Inc., appeared before the Commission. A brief discussion was held by the Commission and Mr. Herring regarding the entrance. It was noted that the entrance would be put on the north side of the property beside the Lowe's property. There being no opposition, the following motion was made by W. French Kirk 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 this Site Plan. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES CONDITIONAL USE PERMITS Conditional Use Permit No. 014 -78 -- request by Marcus Reid for an antique shop on Route 672 in Brucetown, Stonewall Magisterial District. Action -- Recommend Approval Mr. Berg read the application to the Commission. He stated the Reid's were proposing to operate an antique shop in a building on their property. He stated there would be no new buildings constructed. Mr. Berg stated the Health Department had commented that the present septic system is adequate for six additional people. Mr. Berg told the Commission a letter -had been sent to the Reid's from the Department of Inspections stating that a variance from the requirements for restrooms in the building would be given provided, "the present septic system as installed should adequately handle the occupancy load of your proposed antique shop. However, this occupancy load must not exceed six people at any one time. Should the volume of business substantially increase, additional drain lines may be required by the Virginia State Health Department." 574 (P /C 12/06/78) p 4 Mr. Berg also stated that the Highway;Department had commented that the existing entrance would be satisfactory at this time. If the business is enlarged, or has a volume of traffic that creates a problem, the construction of a commercial entrance will be required. Marcus W. and Juanita Reid, applicants, appeared before the Commission. A discussion was held on the parking space. It was noted that there were only two parking spaces. Mr. Reid stated they would be handling only small antiques on a part -time basis and they did not anticipate a lot of people. Mr. DeHaven noted that the business would be a small operation and he had received no complaints. Mrs. Reid stated that the neighbors did not object to the shop. There being no opposition, the following motion was made by Manuel DeHaven7 and seconded by Frank Brumback: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of a one year permit to the Board of Supervisors. At the end of the year, the permit should be studied to be certain that an unsafe situation does not exist. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES Conditional Use Permit No. 018 -78 -- request by Francis Kowalski for an antique shop on Route 50 West in Back Creek Magisterial District. Action -- Recommend Approval Mr. Berg told the Commission the Kowalski's wanted to replace the current beauty salon known as "Esther's Beauty Salon" with an-.antique /gift shop known as ":the Polish Barn Antiques ". Mr. Berg stated no new buildings would be con- structed. Francis J. and Helen Kowalski, applicants, appeared before the Commission and stated they would be handling only small antiques'. gifts. They stated the business would be operated in the basement of the house. Mr. Kowalski stated they were presently operating the shop from their farm house. 575 (P /C 12/06/78) p ;- A discussion was held on parking spaces and it was noted that there are approximately twenty (20) parking spaces available on the property at present. Mr. Berg pointed out that the only problem he could foresee was that the house can not be,seen as it is approached, driving east on Route 50. Mr. ,Berg noted this may be a traffic hazard if someone were to stop suddenly after seeing the shop. A brief discussion was held. There being no opposition, the following motion was 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 recommend approval to the Board of Supervisors of a one year permit for this site plan. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES Conditional Use Permit No. 017 -78 -- request for renewal of a Conditional Use Permit by the Frederick County Fair Association for a campground off Route 11 in Stonewall Magisterial District. Action - Recommend Approval Mr. Berg told the Commission this application was for a permit to provide space for camping units for people connected with a carnival, circus, rodeo, flea market, or similar activity, whenever that event is being held on the property. To provide space for camping units of the Wally Byam Caravan Club during the week preceeding and the weekend of the Shenandoah Apple Blossom Festival in April -May each year. To provide space for camping units of the Wally Byam Caravan Club at other times when they choose to hold a rally at the Frederick County Fairgrounds. Mr. Berg stated the final approval had not been received from the Health Department for this permit. r., i� (P /C 12/06/78) p Roger Crosen, President of the Frederick County Fair Association, appeared before the Commission and stated they would like to have the permit approved for more than one year at a time so that they would not have to reapply every year. Mr. Berg noted that the Health Department had commented that they would like to review the health facilities on a yearly basis. It was noted that the Conditional Use Permit could be reviewed annually without reapplying. A discussion was held and 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 recommend approvalof a one year permit for this conditional use permit to the Board of Supervisors provided the proper health approvals are received. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES Permit -- Frances Rhodes Mr. Berg told the Commission this was a rather unusual..request; bringing a building permit before the Commission for their approval, however he felt they should be aware of a "loophole" in the Zoning Ordinance. Mr. Berg stated Mrs. Rhodes had been issued a building permit for a mobile home on 2.845 acres located on Route 647 (Senseny Road). Mr. Berg stated after the permit was issued, a neighbor (Mr. Herbert Cook) called and questioned two trailers being on one lot. After checking into the matter, it was found that Mrs. Rhodes had one trailer already on the lot and the second trailer was to be put behind the first. Mr. Berg stated that Mrs. Rhodes was told that she did not have enough road frontage to put two trailers on the lot. Mrs. Rhodes then contacted Mr. Harry K. Benham, III, attorney with Harrison and Johnston to look into the matter and see what could be done. Mr. Benham suggested that a right -of -way be recorded running from the front of the lot to the rear of the lot and this would give the required one hundred fifty feet frontage. Mr. Berg stated that there was a loop hole in the law. (P /C 12/06/78) p Mr. Berg noted that Mrs. Rhodes could record this right -of -way and meet the letter of the law because there would be at least one acre per dwelling and one hundred fifty feet of road frontage per dwelling, but the second trailer could not be sold because there would be insufficient frontage on a state maintained roadway. Mr. Berg stated that he questioned if this was a good practice to let continue. He stated,in theory, this would allow two dwelling units on all lots that are deeper than they are wide, particularly five acre lots. Frances Rhodes, applicant, appeared before the Commission and stated she wanted the trailer on the property so that her son and daughter -in -law could live close by her home to help care for her husband. She stated she under- stood that the lot could not be subdivided and sold as two parcels_ Mrs. Rhodes stated,-that when she applied for her building permit for the second trailer she told the "girls" she had an existing trailer on the lot but for some reason it was not put on the permit application. Mrs. Rhodes stated the right -of- way was under construction and it needed to be graveled and recorded. Mr. Berg stated that he felt Mrs. Rhodes' permit should be approved because the had met the letter of the law, however, he would like to see the loophole closed. The Commission held a discussion and stated they felt comfortable that all requirements had been met by Mrs. Rhodes It was noted that Mrs. Rhodes' lot was serviced by central water and sewer. 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 recommend approval of this building permit to the Board of Supervisors based on the fact that all requirements have been met to the letter of the law. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES ,�f (P /C 12/06/78) p A A lengthy discussion was held on the problem with the loophole in the Zoning Ordinance. It was pointed out that although a second dwelling or more could be added to the lots they could not be subdivided and sold unless a hardship was presented to the Planning Commission and the Board of Supervisors. The consensus of the Commission was to have Mr. Berg work on a solution to the problem. Discussion -- Soils Information Mr. Berg told the Commission he had talked :vJith Robert Holmes, Soil;SCientist, about the different classes of soils. He stated Mr. Holmes had given him a soil map that they could start working on for identifying agricultural districts. Mr. Bergostated Mr. Holmes would be providing information about different classes of soils. The Chairman asked if perhaps Mr. Holmes could meet with the Commission and discuss the soils. Mr. Berg stated that he would ask Mr. Holmes if he could meet with them. He also stated detailed soil maps for the entire County would not be complete for sometime, however, aerial photos and maps for the southeast portions of the County are currently available. FISCAL IMPACT STUDY Mr. Berg told the Commission the fiscal impact study had been completed by Daniel Robinson and Associates and a bill had been received.for their services. He told the Commission that he had reviewed the executive summary along with Jim Boyd, Finance Director, and the summary was acceptable. The Commission discussed the study. Mr. Berg noted that the staff would be using the system to make recommendations for rezonings or subdivision requests. Upon motion made by Frank Brumback and seconded by James Golladay, Jr., - 6 r1 (P /C 12/06/78) p BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby accept the report by Daniel Robinson and Associates and direct the bill to be paid. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES - - - - - - - - - - - - - - - - - - - - - BUSINESS ZONES -- DISCUSSION Mr. Berg led the Commission in a discussion of the drafted Business Zones. It was noted that these business zones had been in draft form for quite some time. It was recommended that the one business zone be labeled B -3, Industrial Transition Zone:. Mr. Berg also brought up conditional zoning and stated that one of the advantages of conditional zoning would be that the Commission could require that all the rezonings to a certain class of business be a conditional zoning. He stated the conditional zoning could be used as a "floating" zone approach. For example, there could be a certain use in a business - industrial transition zone that would be permitted in a B -2 with a conditional zoning. A discussion was held and Mr. Berg stated that the conditional zoning would be a little like a conditional use permit with the exception that the adjoining property owners would be notified. The consensus of the Commission was that they were satisfied with the business zones as drafted. Upon motion made by Elmer Venskoske and seconded by James Golladay, Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move to accept the business zones as drafted. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES Mr. Berg stated that he would have to redraft the business zones into County Code format before they could be advertised.. for public hearing. 580 (P /C 12/06/78) p lD The Commission discussed their meeting of December 20. and decided to use the meeting as a time for "tieing up loose ends ". Mr. Golladay stated that since he had been appointed by the Commission to serve on the Joint City /County Capital Facilities Committee and since they would probably be meeting the first of January to vote on a recommendation to the governing bodies, he would like to discuss the project with the Commission members and get their consensus. Mr. Brumback listed the, as future agenda items: (1) Meet with Mr. Holmes, Soil Scientist; (2) Discuss Conditional Zoning. 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. Respectfully Submitted, Ronald Berq, Secretary C. Langd Gordon, Chairman 581