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PC_06-12-73_Meeting_MinutesMINUTES OF THE SPECIAL MEETING of the FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, June 12, 1973 PRESENT: James W. Golladay, Sr., Chairman; Manuel C. DeHaven, Maurice W. Perry, and Richard F. Madigan. The meeting was called to order at 9:00 A.M. GROUND RULES Mr. Golladay, the Chairman, read the Ground Rules before the meeting began. 1. Discussion will be strictly limited to the Staff and the members of the Planning Commission; the Public may speak at the Public Hearings. 2. Since this is an urgently needed document, I (the C Chairman) request that revisions be kept to details, and not major editions. C� The Chairman stated that these suggestions are offered in the hope that the Commission can make these special meetings as feasible as possible. ZONING ORDINANCE • The Zoning Ordinance with its amendments and revisions was then presented, before the Commission. )ll The Secretary stated the District Agricultural Limited, which was A -1 and A -2, was changed to the Districts Agricultural Limited A -1; and Agricultural General A -2. The Secretary stated that there had been two (2) major changes; (1) the lot size had been increased as per the request of Mr. William Hatfield, Director of Lord Fairfax Health District; and (2) the addition of the mobile home subdivision, in A -1. Mr. DeHaven had a question concerning the mobile home subdivision on five thousand (5,000) square feet. The Secretary answered that he had made the lots large enough for a double wide mobile home or a two- section modular home. The Secretary stated that these subdivisions were being built extensively in California and Florida as luxury living and have been extremely successful. N. _2 c� He also stated that these subdivisions were to remove the • life -long rent from these families, since most of these families l /7/ lived in a low income bracket. With no control over these parts, this caused a disadvantage to these families. Discussion concerning the inside construction of a trailer followed. MORATORIUM The Chairman brought up the question of the moratorium. Mr. Madigan does not want the moratorium, because he feels that the zoning ordinance can be done, and a Public Hearing can be held on June 28th. The Chairman wants to make a recommendation to the Board of Supervisors, for the moratorium, but he added that they may not accept it. Mr. Renalds, stated that the recommendation would have to be presented to the Board before any action could be taken. The Chairman stated that he felt that the moratorium would give the Commission more time, and that they had amendments to the zoning ordinance. He continued that the Commission might find changes in the amendments or they may not. The Chairman stated that the moratorium may only be in effect thirty (30),dsixty (60), or ninety (90) days. Mr. DeHaven stated that it would take ninety (90) days to get it in effect. Mr. Renalds stated that ifetherCommissionycould agree uponcthe amendments, then he could not see why the Public Hearing could not be held on the 28th of June, followed by a two (2) week advertisement and Public Hearing by the Board of Supervisors. Mr. Madigan questioned that if the Commission would go through the zoning ordinance and take the six (6) revisions, and agree or disagree among themselves on these six (6) things, and either add or delete from these six (6); would it be necessary to have a moratorium if a Public Hearing could be had on the ordinance on the 28th of June. The Chairman stated that when the Public Hearing is advertised, the zoning ordinance would have to be retyped, printed and made available to the Public. Mr. Renalds stated that the County Officials and the Press would obtain it, but that copies could not be made for every resident in the County. A copy would be put in the Clerk's Office and the Administrator's • Office. '► The moratorium was abandoned until the end of the meeting. ARTICLE II - REVISIONS The following revisions were presented by the Secretary. • Section 2 -2. -3- permitted uses from 100,000 to 70,000 square feet. Section 2 =4. To change the minimum frontage for Mr. Madigan questioned to know if each section could be set 200 feet at the "setback line ". up at a certain time; whether it be an all day session or half -day 13 session. • Mr. Oolladay answered that at the Public Hearings, there than one hundred fifty (150) feet from could be no particular time limit, but that an Agenda could be set up. Mr. Madigan stated that he wanted to go through the six (6) feet at the "setback line ". changes and see hbw the Commission stood on these changes and then instead of "Each corner." come back to the moratorium. The moratorium was abandoned until the end of the meeting. ARTICLE II - REVISIONS The following revisions were presented by the Secretary. • Section 2 -2. To change the minimum lot area for permitted uses from 100,000 to 70,000 square feet. Section 2 =4. To change the minimum frontage for residential uses from 150 feet to 200 feet at the "setback line ". Section 2 -11. This was discussed and stated that it would have to be re- worded to read as "No mobile home shall be placed less than one hundred fifty (150) feet from any existing through street "; instead of the frontage regulation being a minimum of one hundred fifty (150) feet at the "setback line ". Section 2 -12 -3. Changed to read "The corner lots" instead of "Each corner." ARTICLE III - REVISIONS The following revisions were presented by the Secretary. Section 3 -2. Dr. Hatfield recommended that the minimum lot area for permitted uses be one (1) acre. Discussion concerning the recommendation from the Health Department followed. ARTICLE IV - REVISIONS The following revisions were presented by the Secretary. n U Section 4 -2. The minimum lot area for permitted uses shall be twenty thousand (20,000) square feet, where public water or sewer are available; one (1) acre where individual systems are used. (A (According to the recommendation by the Health Department). -4- d i. ARTICLE V - REVISIONS ) �1� The following revisions were presented by the Secretary. Section 5 -2 -5. The lot area was changed to one (1) acre for lots containing or intended to contain a single permitted use served by individual water and sewage disposal systems. Section 5 -2 -6. The lot area was changed to one (1) acre for lots containing or intended to contain more than a single permitted use served by individual water and sewer disposal systems. Mr. Renalds stated that the District R -3, (Residential General) corresponds to District R -2, (Residential Limited). Discussion concerning the placement of the well and septic tank on the property followed. ARTICLE VI - REVISIONS The following revisions were presented by the Secretary. • Section 6 -2 -3. The lot area was changed ,to one (1) acre for lots containing or intended to contain a single permitted use served by individual water and sewage disposal systems. Section 6 -14 -1. Changed to read as "No more than eight (8) townhouses" instead of "ten (10) townhouses ". Section 6 -14 -5. Changed and re- worded to read as "Common areas shall be;maintained by and be the sole responsibility of the developer -owner of the'townhouse development. The Secretary then stated that Section 6 -14 -6. should be two (2) off- street parking spaces per townhouse. Mr. Madigan stated that it was already the same, reading as "For each dwelling unit there shall be an average of two (2) off - street parking spaces provided on the lot or within 150 feet thereof." A RTICLE VII - REVISIONS The following revisions were presented by the Secretary. do Article 7. The changes were primarily to improve public streets only and there will be no private streets permitted. • Mr. Clinton Ritter, Attorney, questioned as to how a conditional use permit would control the above. Mr. Madigan answered that the conditional use permit would come before the Board of Supervisors. Mr. Madigan had a question on Section 8 -1 -8. He wanted to change "auto and home appliance services" to read "auto services ". This was changed along with the other revisions; also adding "with a conditional use permit." ARTICLE IX - ACCEPTED The new Article 9, Planned Shopping District, (PSC) was accepted as is. The Secretary stated that this Article 9 was planned and drawn to establish a Shopping Center with "convenience goods" and "shopping goods." Discussion followed concerning the general requirements and use requirements. The development requirement, height, distance and depth, size, and parking were discussed also. Article 9 -3 -14 provides for landscaping, water and sewer, and that the architectural and engineering plans shall be submitted to the Commission, for their approval. ARTICLE X - ACCEPTED • The Article 10, Industrial Limited (M -1) was accepted as is. I -s- ARTICLE VIII - REVISIONS The Secretary stated that for Article i, he had condensed Districts B -1 and B -2, and combined the two of them together, and then made a more strict Planned Shopping District (PSC) Article IX. The following revisions were presented by the Secretary. That the following sections read to include "with a conditional use permit ". Section 8 -1 -3. Drycleaners. Section 8 -1 -4. Laundries. Section 8 -1 -8. Auto services. Section 8 -1 -16. Service stations (with major repair under cover). Section 8 -1 -18. Auto sales and service. Section 8 -1 -19, Mobile home sales and service. Section 8 -1 -20. Lumber and building supply (with storage under cover). Section 8 -1 -21. Plumbing and electrical supply (with storage under cover). Section 8 -1 -22. Wholesale and processing not objection- able because of dust, noise or odors with conditional use permit. Section 8 -1 -23. Machinery sales and service. • Mr. Clinton Ritter, Attorney, questioned as to how a conditional use permit would control the above. Mr. Madigan answered that the conditional use permit would come before the Board of Supervisors. Mr. Madigan had a question on Section 8 -1 -8. He wanted to change "auto and home appliance services" to read "auto services ". This was changed along with the other revisions; also adding "with a conditional use permit." ARTICLE IX - ACCEPTED The new Article 9, Planned Shopping District, (PSC) was accepted as is. The Secretary stated that this Article 9 was planned and drawn to establish a Shopping Center with "convenience goods" and "shopping goods." Discussion followed concerning the general requirements and use requirements. The development requirement, height, distance and depth, size, and parking were discussed also. Article 9 -3 -14 provides for landscaping, water and sewer, and that the architectural and engineering plans shall be submitted to the Commission, for their approval. ARTICLE X - ACCEPTED • The Article 10, Industrial Limited (M -1) was accepted as is. I -6- 'D 1 ARTICLE XI - ACCEPTED , 16 • The Article 11, Industrial General (M -2) was accepted as is. Mr. Madigan then stated that in M -2 for Section 11 -1 -3, it should read "Paper and pulp manufacture with a conditional use permit only." Also Section 11 -1 -5, 11 -1 -8, and 11 -1 -7 should include "with a conditional use permit only." Mr..Madigan then asked as to why not put conditional use permit on all of M -2. The Secretary answered that there was no reason not to do so. The Chairman then stated that 11 -1 should read "In Industrial District M -2, buildings to be erected or land to be used bhall be for one or more of the following uses; with a conditional use permit.." The Secretary read Section 11 -2 -1., as "Before a building permit shall be issued or construction commenced on any permitted uses in this district, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study." Mr. Madigan stated that "with a conditional use permit" should be added. It was decided that everything in M -2 would have a donditional use permit. ARTICLE XII - ACCEPTED The Article 12, Airport District (AP -1) was accepted as is. ARTICLE XIII - ACCEPTED The Secretary stated that Article 13, Flood Plain District (FP) was required by Federal Flood Plain Insurance. The Article was accepted as is. ARTICLE XIV - ACCEPTED The Secretary stated that there was an addition of Article 14, Site Plan Requirement. This Article is a Plan for Architectural and Design in the Developments, Residential Business, and Public and Semi - Public Buildings. The Article was accepted as is. ARTICLE XV - ACCEPTED The Secretary stated that the last change was the Article 15,, Signs; and that this was an amendment, with nothing previously concerning signs. The Article was accepted as is. I DISCUSSION OF ORDINANCE JJ � ® There being no further Articles to proceed with, the Commission returned to the beginning to answer any questions or to make any more changes. In Article 2, Agricultural Limited (A -1), Section 2 -11 was to be re- worded as stated previously, and Section 2 -12 -3 to be re- worded as stated previously. In Article 3, Agricultural General (A -2), Section 3 -1 -17 was discussed, but not changed. In Article 8, Business General (B -1), the sections that were brought up previously were to include "with a conditional use permit" REVIEW OF ZONING MAPS After discussion the Ordinance itself, the Commission decided to review the zoning maps. Mr. Renalds stated that all of the rezoning actions up through the last approval of the Board of Supervisors meeting were on these maps. The Chairman stated that if a man had a B -2, and that now there is only B -1, that is with permitted use, to have B -1 in one color and ® B -2 in the other, to give the designation showing that it does conform to both the old and the new ordinance; and that it would be much simplier than going back through the old zoning ordinances, so marked on the map. Discussion followed concerning the location of R -1, R -2, R -3, and R -4 on the maps. The Chairman had a question concerning the zoning of the historical areas, and what provision this was out in the county. The Secretary stated in answer that they are zoned A -1. He continued that there is a problem with the zoning of specific historic preservations. It has been held as "spot zoning" in some Virginia courts; and that it should be zoned A -1. Discussion followed concerning historic preservations. GENERAL DISCUSSION Mr. Madigan motioned to set a Public Hearing date for June 28, for the purpose of bringing to the public the new zoning ordinance and maps, with the suggested time of 10:00 A.M. Mr. Perry seconded and the motion was passed unanimously. ® Mr. Madigan then expressed his appreciation for the Chairman for the management done at the meeting, and that he felt that a lot had been accomplished, and also to the other members of the Planning Commission. I _$_� It was stated that copies of the Zoning Ordinance would be ® available in the County Administrator's Office and the Clerk's Office, / and the Planning Commission. Mr. Renalds then reminded the Commission of when the Board of Supervisors could have public hearing on the ordinance.. MORATORIUM The question of the moratorium came forward again. The Chairman questioned as to whether it would be wise to declare a moratorium,wwithtthe Commission's recommendation to the Board of Supervisors that they declare a moratorium, until such time as the ordinance is resolved. Mr. Renalds then stated that the applications that would come up at the next regular meeting, on July 5th, and those that are heard on the 5th, will have to be advertised for another two (2) weeks to be heard on the 25th, the day of the Public Hearing on this Ordinance. Mr. Don E. Krueger made a recommendation to the Commission - That why doesn't the Commission declare its own moratorium, until this ordinance is settldd. The Chairman asked about the legality, and Mr. Krueger stated that it could be found out be declaring it, and that in an effort to keep the Zoning Ordinance organized and moving, this ® was the only way to do it. Mr. Madigan moved that the Commission would not hear any more rezoning applications until the new zoning ordinance has been acted upon and settled. Mr. Perry seconded. Mr. DeHaven abstained, with Mr. Madigan voting "Yes ", Mr. Perry voting "Yes ", and the Chairman voting "Yes ". The motion was passed. There being nothing further to come before the Commission, the meeting was adjourned. H. Ronald Berg, Secretary James W. Gollada , Chairman A