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HomeMy WebLinkAboutPC_12-07-83_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' meeting room on December 7, 1963. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; A. Lynn Myers; Manuel C. DeHaven; W. French Kirk; George L. Romine; Kenneth Y. Stiles; Marjorie H. Copenhaver; John T. P. Horne, advisory; Stephen M. Gyurisin, advisory CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. The first order of business was the consideration of the minutes of November 2, 1983. Upon motion made by Mr. Myers, seconded by Mr. Kirk, and passed unanimously, the minutes were approved as presented. MONTHLY AND BIMONTHLY REPORTS Mr. Horne said that Mr. Yusuf Ali has not responded to a letter sent to him by the Planning Department on his wish to proceed with his conditional use permit application. Mr. Horne stated that the November 30th deadline for Mr. Ali has passed and he will be notified that his conditional use permit application has been cancelled. Mr. Gyurisin reviewed a pending Board of Zoning Appeals' application with the Commission. SUBDIVISIONS Broad Avenue Subdivision by David Holiday for three lots zoned Residential Performance in the Shawnee Magisterial District. ACTION - Approved Mr. Horne gave the background information. Mr. David Holiday came forward and introduced himself to the Commission. 1827 -2- There being no objections to this subdivision, Mr. Kirk moved for approval. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the Broad Avenue Subdivision by David Holiday for three lots, zoned Residential Performance, in the Shawnee Magisterial District. DISCUSSION ON ZONING ORDINANCE AMENDMENTS Mr. Horne explained that the first amendment proposed is to increase the fee for an administrative appeal to the Board of Zoning Appeals. This increase would bring that fee in line with the Board of Zoning Appeals' normal variance fee. The second amendment deals with the maximum fine for persons found guilty of ordinance violations. Mr. Horne stated that the Commonwealth Attorney has suggested that the fine be increased from $250 /day to $1,000 /day. The Commission generally agreed that the staff should proceed with the advertising of these amendments; however, the Commission members requested that the Board of Zoning Appeals and the Commonwealth Attorney submit a formal letter of request to the Planning Commission at the public hearing for these amendments. COMMITTEE REPORTS Reports were given by Mr. Kirk on the latest meeting of the Sanitation Authority; by Mr. Romine on Economic Development Commission activities; and Mr. Brumback on the Rural Ordinance Subcommittee. 1328 -3- PUBLIC HEARINGS Conditional Use Permit #011 -83 of Roy R. and Patricia G. Beatty for a Public Garage /Body Shop in the Opequon Magisterial District. ACTION - Approved Mr. Horne read the background material. Mr. Roy Beatty, applicant, came forward and introduced himself to the Commission. Mr. Beatty stated that he has talked with his neighbors and they have no objections to this use. Mr. McDonald asked Mr. Beatty if he had a place to store the vehicles inside. Mr. Beatty replied that he has a garage to store two or three vehicles at a time. Mr. Beatty explained that he buys two or three new 83 -84 wrecked cars, he repairs them, and then sells to local dealers. There was no one present wishing to speak in opposition to this conditional use permit. (Mr. Stiles arrived at this point of the meeting.) Mr. Golladay moved to approve this conditional use permit with the two conditions listed by the staff and with the additional condition of, "No one except members of the immediate family residing on the premises shall be employed." This motion was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve conditional use permit #011 -83 of Roy R. and Patricia G. Beatty for a Public Garage /Body Shop in the Opequon Magisterial District with the following conditions: 1. This is a one year permit to be reviewed and renewed annually by the staff, Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit will expire and a new conditional use permit will be required. 3. No one except members of the immediate family residing on the premises shall be employed. 1829 -4- Amended Conditional Use Permit #021 -79 of Ralph W. Poe for the sale of recreational vehicles and travel trailers at the Candy Hill Campground in the Back Creek District. ACTION - Approved Mr. Horne stated that the Board of Supervisors referred this conditional use permit back to the Planning Commission for further consideration. He explained that the Board of Supervisors requested that the Planning Commission state specifically the types of vehicles that Mr. Poe is permitted to have for sale on his property. Mr. Horne said that he had met with Mr. Poe after the Board meeting and Mr. Poe stated that the vehicles he wished to sell are motor homes, travel trailers, pop -up trailers, and van conversions (mini -motor homes). Mr. Horne said that a second concern of the Board of Supervisors was the existing conditions to Mr. Poe's campground. Lawrence Ambrogi, Commonwealth's Attorney, stated that the Planning Commission or the Board of Supervisors does not have the ability to add or change any existing conditions to Mr. Poe's permit unless they feel those conditions are directly tied to the new request. Mr. Ambrogi added that the conditions on that existing permit did not include an annual review and renew. Mr. Ralph Poe, applicant, came forward and stated that he had no problem limiting his sales to only those vehicles mentioned by Mr. Horne. There was no one present wishing to speak in opposition to this permit. Mr. Stiles moved to recommend approval of Item II. Vehicle Sales Conditions as an amendment to Mr. Poe's conditional use permit. 1830 -5- Mr. Stiles read the three conditions for the vehicle sales. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend item number II. Vehicle Sales Conditions as an amendment to Mr. Poe's conditional use permit as follows: II. Vehicle Sales Conditions 1. Vehicles for sale on the property shall include only motor homes, travel trailers, pop -up trailers, and van conversions (mini -motor homes). 2. The total number of vehicles for sale on the property is limited to six (6) at any one time. 3. This section of Conditional Use Permit #021 -79 entitled, II. Vehicle Sales Conditions is subject to annual review and renewal by the staff, Planning Commission, and the Board of Supervisors. The majority vote approving this resolution was as follows: YES: Messrs. McDonald, Stiles, Myers, Brumback, Golladay, Kirk, DeHaven, Romine NO: Mrs. Copenhaver With regard to the Board of Supervisors' second concern on the interpretation of the existing conditions on the permit, the Commission recommended that those conditions remain the same and be entitled, I. Campground Conditions. Rezoning Request #017 -83 of Ervin D. Nates to rezone 18,068 square feet from A -1 (Agricultural, Limited) to B -2 (Business, General) in the Gainesboro Magisterial District. ACTION - Tabled Mr. Horne noted that there was no representative for this application present. There was one person present wishing to speak in regard to the application and her name was Armilda McNeil Lamp. 1831 Due to the lack of representation, Mr. DeHaven moved to table this rezoning application until the meeting of December 21. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Request #017 -83 of Ervin D. Nates until the meeting of December 21, 1983 due to lack of representation. FORMATION OF THE RURAL COMMUNITY CENTERS SUBCOMMITTEE Chairman Brumback stated that the Rural Ordinance Subcommittee has endorsed the formation of the Rural Community Centers Subcommittee. Chairman Brumback requested that Mr. Golladay head this committee and also asked that Mr. DeHaven, Mr. Romine, and Mrs. Copenhaver serve on that committee. These people agreed to serve. The staff discussed some large maps they had prepared showing the types of data that had been collected concerning the Gainesboro Community Center. Mr. Horne stated that the staff hopes to produce this same type information for each community center. Chairman Brumback requested that the Rural Community Center Subcommittee review this material. TRANSPORTATION COMMITTEE ITEMS Mr. Gyurisin, Secretary of the Transportation Committee, stated that this committee recently met and acted upon two transportation items. The committee approved the 1985 Functional Classification System for Frederick County. The second item approved by the committee was a special Virginia Department of Highways and Transportation permit to allow Roadway Express, Inc. to utilize 0.8 miles of Route 50 East and Route 522 South to the existing Roadway 1832 -7- terminal on Route 522 South for the use of twin trailers or double wide trailers. Mr. Gyurisin pointed out that after the Transportation Committee had met, the staff discovered that the Highway Department had already approved this road for use by 102" wide and twin trailers. Mr. Gyurisin said that the only action needed by the Planning Commission would be on the 1985 Functional Road Classification System. Mr. Golladay moved to approve the Virginia Department of Highways and Transportation 1985 Functional Road Classification System for Frederick County. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the Virginia Department of Highways and Transportation 1985 Functional Road Classification System for Frederick County. ANNUAL REVIEW OF CONDITIONAL USE PERMITS The staff presented a list of conditional use permits that have been approved and require annual review and renewal. Mr. Gyurisin stated that the staff is beginning their annual review of conditional use permits and asked that the commissioners review the list and present any comments at the next Planning Commission meeting. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, 1833