Loading...
HomeMy WebLinkAboutPC_06-01-83_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on June 1, 1983. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; M. Domenic Palumbo; Kenneth Y. Stiles; A. Lynn Myers; Manuel C. DeHaven; W. French Kirk; George L. Romine 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 May 18, 1983. Mr. Kirk referred the Commission to page five stating that Dorothea Stefen's name was misspelled. Chairman Brumback felt the correct spelling could be included in parentheses next to the misspelling, since the text was taken verbatim from Mr. Ridings. Col. Myers noted that the name "Robert Fay" on page one was incorrectly spelled. Mr. Kirk then moved for approval of the minutes as amended and,this motion was seconded by Mr. Romine and passed unanimously.* *Mr. Stiles was not present for this vote. BIMONTHLY REPORT The Commission reviewed pending applications with the staff. SITE PLANS Site Plan Amendment #003 -83 of Delco Plaza Shopping Center, zoned B -2 (Business, General) in the Shawnee Magisterial District, for inclusion of handicap parking on the west side of the building. ACTION - Approved Mr. David Smith, contractor, came forward. Mr. Smith stated that the small addition proposed for the back of the building will not be built, therefore, the overall dimensions for the building will be 40' x 95'. Mr. Smith said that the three parking spaces parallel to the building will be designated as handicap parking. Because of 1756 -2- handicap requirements, he must put in a three foot incline from the entrance door to the parking area for a ramp. Mr. Kirk moved to approve the site plan with conditions and this motion was seconded by Mr. Stiles. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan Amendment #003 -83 of Delco Plaza Shopping Center to include handicap parking on the west side of the building with the following conditions: 1. Clear designation of spaces as "Handicapped Only ". 2. Only that portion of the existing asphalt curb, which needs to be removed, to provide access to the space, should be removed. The majority of the curb should remain to provide separation between the exit: lane of the mall and this site. 3. The existing concrete nosing, or a comparable structure, should remain at the south end of the curbing. PRESENTATION BY POTOMAC EDISON COMPANY Mr. Horne stated that Section 15.1 -456 references the necessity of the Planning Commission to determine whether certain types of improvements for public utilities are in conformance with the Comprehensive Plan. Mr. Horne said that the Code is unclear as to whether this section refers to transmission lines or just major facilities, such as substations or generating facilities. Mr. Horne noted that the Frederick County Comprehensive Plan does not make reference to designated areas for public utilities. Mr. Horne stated that he was contacted by J. Sloan Kuykendall III, attorney representing Potomac Edison, and for clarity sake and to avoid possible litigation, Mr. Kuykendall would like for the Planning Commission to review two proposed power lines for conformation to the Comprehensive Plan. The proposed lines are the Bartonville line (previously presented to the Planning Commission) and the Greenwood Loop. 1757 -3- There next ensued a discussion on the legal necessity for Planning Commission action. The Commission requested the staff to obtain a legal opinion from the Commonwealth's Attorney and /or Attorney General for future requests of this type. Mr. Dan Spofford from Potomac Edison Company in Hagerstown, Maryland came forward and introduced himself to the Commission. Mr. Golladay asked Mr. Spofford if Potomac Edison had received comment from Stephens City. Mr. Spofford stated that they have approached Stephens City, but have not discussed anything with the Planning Commission of Stephens City. Also present to answer questions was Mr. Alan J. Fleissner, Project Engineer. After considerable discussion, the Commission felt action should be taken on these two projects in order not to delay construction. Mr. Stiles moved that the Planning Commission find these two proposals, consisting only of those portions of the line within Frederick County, not at variance with any items in the Comprehensive Plan of Frederick County. This motion was seconded by Mr. Romine and passed unanimously.* *As the Opequon District representative, Mr. Golladay felt it would have been courteous to let the Stephens City Planning Commission vote first on the Bartonville Tap. BE IT RESOLVED, That the Frederick County Planning Commission does hereby find that the two proposed transmission line locations, the Bartonville tap and the Greenwood line, submitted by the Potomac Edison Company, and consisting of only those portions of the line located 1758 -4- within Frederick County, are not at variance with any items in the Comprehensive Plan of Frederick County. PUBLIC HEARINGS Rezoning Request #008 -83 of Louis H. Foltz and John A. Heyman, consisting of 11 acres, zoned B -2 (Business, General) to be rezoned to M -2 (Industrial, General). ACTION - Approved Mr. Horne presented some history regarding previous rezoning and uses of this property. Mr. Horne added that there is an approved 1979 Site Plan on record for Louis H. Foltz that shows the air freight delivery building and the truck repairs unlimited building and this site plan is signed by Dorothea Stefen, the Zoning Administrator at that time. In answer to Mr. Romine's question, Mr. Horne stated that one application is being submitted by two different companies because their land is immediately adjacent to each other. Mr. Wade Ferguson, Operations Manager for Air Freight Delivery, came forward. Mr. Ferguson stated that he is not and will not be in the recycling business. He said that his business is strictly air freight and leaning more towards the trucking business. In answer to Mr. Romine's question, Mr. Horne stated that there are actually three businesses at this location; the air freight business, the repair shop (repair shop rented to Mr. Frank Garris), both owned by Mr. Foltz, and the Heyman Trucking business, owned by Mr. Heyman. Mr. John A. Heyman next came forward and stated that he cannot further expand on his business unless he gets a zoning change. 1759 -5- Mr. Gyurisin confirmed that Mr. Foltz had used up all his expansion capabilities under his nonconforming use and Mr. Heyman has used up all but a few additional square feet. Mr. Kirk inquired how many trucks Mr. Heyman operated and he replied 30 tractor trailers through 48 states. Mr. Golladay suggested that the applicants apply for a cross- over in front of their business, instead of having their trucks go down Route 50 East and making a "U" turn at the next intersection in order to go west. Mr. Kirk stated that he received three telephone calls from property owners on the north side of Route 50 East who were opposed to this rezoning. Their names were Mrs. Carter, Mrs. Kline, and Mrs. Artrip. Mr. Kirk then moved for approval of this application and this motion was seconded by Mr. Palumbo and passed unanimously. SEMINAR ON SLUDGE APPLICAT Mr. Gyurisin gave a brief summary of a seminar he and Chairman Brumback attended in King George's County regarding application of sludge for agricultural purposes. ADJOURNMENT There being no further business to discuss, the meeting adjourned. Respectfully submitted, ra[F "nk Brum acb k, Chairman J h T. P. Horne, Secre ary 1760