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PC_10-19-77_Meeting_MinutesMINUTES OF THE MEETING • OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room October 19, 1977 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; W. French Kirk; Thomas Rosenberger ABSENT: Elmer Venskoske CALL TO ORDER The Chairman called the Meeting to Order and proceeded to the First Order of Business. Minutes of the Meeting -- October 5, 1977 -- Approved as submitted BE IT RESOLVED, That the Planning Commission for the - County of Frederick, Virginia, does hereby approve the minutes for the meeting of October 5, 1977, as submitted. Upon motion made by James Golladay, Jr., seconded by Frank Brumback and • approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback;`Rosenberger; Chairman - YES CONDITIONAL USE PERMIT No. 009 -77 of Margaret A. Carter -- request to conduct a home occupation. Action - Recommend Approval Mr. Berg told the Commission Mrs. Carter was applying for a Conditional 9 Use Permit so that she could conduct a home occupation of part time hairdressing. He stated Mrs. Carter was the only one to be employed, and that no new buildings would be constructed. Mrs. Margaret A. Carter applicant, appeared before the Mr. Rosenberger questioned the staff comment which stated that "the Health • Department indicated that the area used for hairdressing lacks sufficient area for a state license, if Mrs. Carter cannot obtain a license then the permit can be re- evaluated in one year ". He wondered how she could operate without a state license. 329 (P /C 10/19/77) p 2 • Mr. Berg told the Commission that the Health Departmenthad told him the space was not up to state requirements thus the statement. Mrs. Carter told the Commission that she was lacking about five (5) square inches of having the space required by the State. She added that in order to get a state license she had to get health department, highway department, and the County's approval. The Commission discussed the reason for issuing a Conditional Use Permit when Mrs. Carter may not even get a state license. Mr. Berg told the Commission the reason for the one year recommended permit was that the State would not discuss the requirements with Mrs. Carter until the County approved, and that this one year permit would give Mrs. Carter plenty of time to work with the state and get her license. BE IT RESOLVED, That the Planning Commission for the County of Frederick; Virginia, e does hereby recommend approval for one year to the Board of Supervisors of the Conditional Use permit 1) -77 of Margaret A. Carter. Zoning Map Amendment Petition No. 013 -77 of Buddy E. and Joan W. Spears c/o Benjamin M. Butler, attorney, P. 0. Drawer 2097, 11 South Cameron Street, Winchester, Virginia, hereby requests that 1.54 acres, on the East side of Route 522 at its intersection with State Route 642 now zoned Agricultural - General District ( -2 ) be rezoned: Business - General District ( -2 ). This property is designated as parcel No. 83 on Tax Map 76 and is in Shawnee Magisterial District. Action - Remain Tabled Mr. Berg told the Commission this application had been tabled at the October 5 meeting because the Health Department had not reported. He added that as of this time the Health Department still had nothing to report. A discussion was carried on concerning penalizing applicants when the Health Department needs additional time to respond. BE IT RESOLVED, That the Planning Commission for the County of Frederick, • Virginia does hereby table the Zoning Map,Amendment Petition No. 013 -77 of Buddy E. and Joan W. Spears until further information is available from the Health Department. I L 1 330 (P /C 10/19/77) p 3 Upon motion made by Thomas Rosenberger, seconded by James_Golladay, Jr. and approved by the following vote: Kirk; DeHaven Golladay, Jr.; Brumback; Rosenberger; Chairman - YES LFPDC Presentation Tom Christoffel from the Lord Fairfax Planning District Commission appeared before the Commission and told them the District was making a rural subdivision study. He stated they were first concentrating only on recreation retirement subdivisions but have now expanded to cover all rural subdivisions. He asked the Commission to voice their viewpoints on what they thought the advantages or problems of rural subdivisions as developing in Frederick County. Mr. Rosenberger said he felt there were three areas the County should be • concerned about: a. Police Protection b. Provide schools for developments that do not remain recreational and become first home complexes. c. Road maintenance The Commission held a discussion on the promises developers make to the buyer and do not keep leaving the home owner with the many responsibilities. Mr. Christoffel stated there were several possible study areas to deal with the problems. He listed them as being: a.._ Homeowner's Associations b. Sanitary districts C. Incorporation as a town d. Public service districts A discussion was held on performance bonds and what areas they should affect; whether it be water and sewer, roads, swimming pools, golf courses, etc. The Commission thanked Mr. Christoffel for his presentation. 331 ' (P /C 10/19/77) p 4 • • Correction - Stephens City Map Mr. Berg told the Commission on July 6, 1972, the Planning Commission recommended and on August 1972 the Board of Supervisors approved the rezoning of what was listed as parcel 114 on the rezoning request by James L. Bowman, containing 0.387 acres. He stated the property was rezoned, but the staff responsible at that time did not transfer the rezoned property onto the map. Only parcels #1, 112, and 113 were put on the map not parcel 114. Mr. Berg said even though this was a staff error, it has to be advertised for a public hearing in order to make the correction because the maps had been adopted in 1973 without this rezoning on them. Mr. Golladay brought up the Sager lot in Stephens City and asked if it could be corrected at the same time. It seems this property has the Frederick County line going through it. The Commission discussed the Sager property and decided it should be advertised and zoned at the same time. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend both parcels of land be advertised for public hearing for a rezoning from R -3 to B -2. Mr. Sager's parcel is to be advertised only if he agrees. Upon motion made by James Golladay, Jr., seconded by W. French Kirk and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES Presentation of Tax Maps Mr. Berg told the Commission that the staff had looked into tax maps being used instead of zoning maps. He stated the advantages of having the tax maps and showed the members the difference between the two maps. The Commission shared their consensus to go ahead with the tax maps. • I 332 ' (P /C 10/19/77) p 5 Joint Meeting with the Board of Supervisors • The Frederick County Board of Supervisors'met with the Planning Commission to discuss the Ordinances regulating development in Frederick County. Those present were: S. Roger Koontz, Chairman at Large; Thomas B. Rosenberger, Vice Chairman; Dennis T. Cole, and Dr: —. .Raymond L. Fish. Mr. Koontz appeared before the Commission and stated that he would like to know more about the Ordinances of the County.. He recommended that the two boards have a series of meetings together in order to familiarize the Board with the Ordinances, and perhaps the two bodies could work out areas in the Ordinances that need some changes. Mr. Koontz asked about the road width standards within Frederick County. Mr. Berg told him.a minor street required a minimum of'sixty (60) feet right -or -way, and a major street required a minimum of eighty (80) feet right- of -way. is discussion was held on the road widths required and the fact that the five (5) acre tracts did not need any review by the County. The Commission commented that they thought some review should be required when subdividing land no matter how it was being subdivided. The Board of Supervisors stated they felt some urgent action should be taken regarding road widths. Mr. Berg told the Commission and the Board of Supervisors that in order to amend the Ordinances, the amendment has to go before the City of Winchester and it would take ninety (90) days to amend it, according to State Code. After a lengthy discussion with Lawrence Ambrogi, Attorney for the Common- wealth, the following motion was made: 333 BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend to the Board of Supervisors that any parcel of • 333 (P /C 10//9/77) p 6 • of right -of -way, which meets the state requirements. land divided in Frederick County be required to have at least fifty (50) feet Upon motion made by Thomas Rosenberger, seconded by Manuel DeHaven and approved by the following vote: Brumback - ABSTAIN Kirk; DeHaven; Golladay, Jr.; Rosenberger; Chairman - YES A discussion followed of whether the two Boards should work together in amending the Ordinance. Mr.: Koontz stated that the Commission was capable of coming up with ideas and they would like for the Commission to work on the amendment and make recommendations to the Board. The Commission set a date of October 24, 1977, Monday, at 7:30 PM as an • official meeting for the Planning Commission. Adjournment Upon motion made by Frank Brumback, 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, H. Ronald Berg, Secretary • nyj-ov C. Langdon 016rdon, Chairman 334