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HomeMy WebLinkAboutPC_05-05-99_Meeting_MinutesMEETING MINUTES OF THE • FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on May 5, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Richard C. Ours, Opequon District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Robert A. Morris, Shawnee District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Chris M. Mohn, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Sanitation Authority (SA) - 04/27 Mtg. Mrs. Copenhaver, Planning Commission Liaison to the SA, reported that the water line from Senseny Road to Route 7 is in service, the Apple Valley water line is almost complete, and the Northwest Storage Tank is pending property owners' signatures. She said that a joint meeting with the Board of Supervisors is scheduled for May 26, 1999. Frederick County.Planning Commission Minutes of May 5, 1999 Page 352 -2- • PUBLIC HEARINGS Conditional Use Permit #06 -99 of the Winchester Chapter of the Izaak Walton League for an outdoor recreation area including shooting area and wildlife reserve. This property is located at 2863 Millwood Pike and is identified with Property Identification Number 77 -A -72 in the Shawnee District. Action - Tabled for 90 Days Mr. Christopher M. Mohn, Planner II, read the background information and review agency comments. Mr. Mohn said that the existing Izaak Walton facility is considered a non - conforming use since it was established prior to the County's conditional use permit requirement. He explained that the proposed outdoor shooting range and wildlife reserve will expand the facilities of the 149 -acre outdoor recreation area maintained by the Winchester Chapter and, at present, this recreation area consists of a lodge building, three picnic shelters, facilities for bow and rifle target shooting, as well as areas designated for camping and fishing. Mr. Mohn continued, stating that the proposed outdoor shooting facility will cover an area of approximately three acres and consist of small bore rifle range, a shotgun patterning range, and a trap range designed to the specifications of the National Rifle Association (NRA) Range Manual. He said that the applicant has indicated that earth berms will be constructed behind the target areas of both the small bore and shotgun patterning ranges. He said that the staff has confirmed that the proposed range facility is located in excess of 1,000 feet from the nearest residential use, which is located east of the recreation area on Carpers Valley Road (Rt. 723). He noted that the area designated for the facility is surrounded by • mature vegetation and set back approximately 130 feet from the nearest property line, which adjoins a vacant parcel of land. The Commission members and staff discussed distances from the proposed range to existing and possible future residences, the type and size berms proposed, lighting, and hours of operation. Mr. Brad Johnson, President of the Winchester Chapter of the Izaak Walton League, and Mr. Larry Bell, member of the Board of Directors of the Winchester Chapter of the Izaak Walton League, were present to speak with the Commission about their conditional use permit request. Members of the Commission inquired about the hours of operation for the shooting area and Mr. Johnson replied that the hours of operation for their current facility are dawn to dusk Monday through Saturday and 9:00 a.m. until dusk on Sundays. Members of the Commission asked how outsiders are prevented from entering the area. Mr. Johnson stated that the members are required to display pouches with membership cards, and it is up to club members to make sure that no outsiders are on the property. Mr. Johnson said that they do not have a locked gate or manned entrance to club property to prevent outsiders from coming in. Members of the Commission inquired if club members have discussed liability to the club of allowing persons to shoot unsupervised at the facility. Mr. Johnson said that the club provides orientation for new members which covers rules and safety issues; however, it is up to individual members Frederick County Planning Commission Minutes of May 5, 1999 Page 353 -3- to police each other to make sure everyone is safe. • Another question from the Commission centered on different types of berms for the shooting range and if the club experienced ricochets. Mr. Johnson replied that the facility and berms were constructed in accordance with the National Rifle Association's (NRA) Range Manual and are maintained yearly. Mr. Johnson read a list of range rules to the Commission. Commission members inquired if there was a limitation on the type of firearms allowed on the existing range and if range wardens or officers were available to supervise shooting. Mr. Johnson said that no fully automatic weapons were permitted and there was no limitation on the caliber of weapon. He added that range officers are available only at special shooting events. to speak: Chairman DeHaven called for public comment and the following persons came forward Mr. Robert Mitchell, attorney representing a number of residents from Frederick and Clarke Counties with respect to this application, stated that adjoining property owners and other nearby property owners are experiencing problems with the existing, limited shooting range involving safety and noise. Mr. Mitchell said that the applicant's proposal is for a substantial expansion of the existing range and will create an expansion of noise and risk for the affected property owners. Mr. Mitchell did not believe the hours of operation were appropriate. He also did not believe that the applicant had been required to submit information that was especially relevant to the issues; for example, no information was submitted in the form of a site plan that would show where the facility is located as far as elevation or if the facility was being placed in the best location to limit adverse impacts, in the form of noise and risk, to • surrounding property owners. Mr. Mitchell did not believe that the proposed expansion met the standards for approval of a conditional use permit and his clients are requesting that the application be denied. Mr. Ed Keenan, resident of Frederick County for the past 29 years, said that he owns over 200 acres of property adjoining Izaak Walton, both in Frederick and Clarke Counties, and he was opposed to an additional shooting area. Mr. Keenan said that the existing range, which is located behind his bam, has been in existence for the past 30 -50 years without a conditional use permit. Mr. Keenan next read a letter, dated February 16, 1990, from the Secretary of the Izaak Walton League, John Owens, regarding adjoining property owners' cattle roaming on the club property. (In summary, the letter concerned the safety of club members and their guests and the safety of the cattle. The letter also stated that the Sheriff's Office had advised the club that Izaak Walton League had the right to remove the cattle to the livestock market and to retain them until any damages and cleanup fees incurred by the club were been paid.) Mr. Keenan continued, stating that he responded in writing to Mr. Owens of the Izaak Walton League, but received no reply. In summary, Mr. Keenan reported that damages to the dividing fence line between his property and the Izaak Walton League's property had occurred by fallen trees from the club property. Mr. Keenan invited club representatives to walk the fence line with him and contribute to the needed repairs. Mr. Keenan reported showing club members a cottage cheese container full of ricocheted projectiles picked up from his land and the problem still exists. Mr. Keenan believed that the shooting range area should be relocated and turned in some other direction instead of towards his bams and hill fields. Mr. Keenan expressed concern for his family, friends, guests, and livestock when bullets impact in front of them, not knowing if they will be struck by a ricochet. Mr. Keenan said that on April is Frederick County Planning Commission Minutes of May 5, 1999 Page 354 -4- 12, 1999 he sent another letter, to both the local chapter and to the National Regional Area Manager in • Arlington, Virginia. In summary, the letter raised the issue of the rifle range impact area and the fact that they continue to encounter ricochets or wild shots from the rifle range and this was a serious situation needing attention. He again raised the issue offence maintenance, stating that he continues to maintain the fence line solely on his own. He also raised the issue of a noise problem all hours of the day and night, which included rapid fire, similar to semi - automatic and automatic firearms. Mr. Keenan said that he would like to see no above - ground rifle range. He was opposed to an above - ground facility because of the impacts on the surrounding community in the form of safety concerns, the affect on property values, the affect on possible home site development for his children and grandchildren, and noise pollution. Mr. Agostino Von Hassell, resident of Clarke County, stated that he can hear shooting at the rifle range on a daily basis. Mr. Von Hassell agreed with the comments made prior to his; however, he wanted to emphasize that the current record of the League does not in any way suggest they will observe rules or be safe about the operation of the new range. Mr. Von Hassell said that his wife has been keeping a careful record of when shooting starts on Sundays, sometimes as early as 6:15 a.m., and often shooting is occurring well after darkness sets. Mr. Von Hassell stated that because he has spent a fair amount of time in combat operations with the Marine Corp, he is familiar with the sounds of semi - automatic and automatic weapons and both are being used on a frequent basis. He believed the club should provide qualified, professional supervision and a duty roster. He also believed that a private range should be made to uphold the same standards as a military range. Mrs. Susan Shumaker, a renter on the Golightly ranch for the past three years, said that the first year she lived in her home, she avoided being out -of -doors because she was afraid of the gunfire; however, after three years, she has become accustomed to it, but still feels unsafe in her own yard. Her two is main concerns were safety and noise. She reported calling the State Police regarding automatic weapon fire. She is worried about use of the range at all hours of the day and night, as early as 6:00 a.m. and into the night as late as 11:00 p.m., far later than anyone can possibly see what they are doing. On the rare occasion she gets a call through to Izaak Walton, the reply has been, "we have no way of knowing who that is." Ms. Shumaker asked, where is the supervision? She said it was obvious from these conversations that Izaak Walton League is unwillingto cooperate with the neighbors; she said the conversations made it clear that, not only did they not know who was responsible, they were not going to make an attempt to find out. Mrs. Shumaker believed that before Izaak Walton even considers expansion, they should be able to prove they are better able to manage the activities that are currently available. She believed that they should set and enforce the hours the range can be used, limit the type of weapons and exclude automatic and semi- automatic, and provide supervision during all hours of operation. She added that supervisors should be qualified to determine the sobriety and the level of knowledge of members using the range. Mr. David Lamp, an adjoining property owner with a residence located directly across from the gun range, said that he, too, has heard gun shots as late as 10:00 and 11:00 at night, as early as 6:00 and 7:00 a.m., and at 8:30 a.m. on Sundays. Mr. Lamp said that in an attempt to see the facility, he has freely driven onto the property, the gate is wide open, without anyone stopping or questioning him. Mr. Lamp said that he measured 900' from his residence to the club's #8 shooting bench and 500' from his horse paddock to the #8 bench. Mr. Lamp said that he has children and is concerned about where the shots are going. Mr. Lamp reported finding a dead doe with multiple pellet wounds in the creek across from the target area last October, one month before gun season. The incident that was of the greatest concern to him, however, occurred one Sunday in March, while he was working on the fence at his horse paddock. • Frederick County Planning Commission Minutes of May 5, 1999 Page 355 -5- Mr. Lamp witnessed approximately a dozen balloons flying on aline over the trees from the Izaak Walton gun range. He said that when the balloons crossed the creek and were over top of the pine and cedar trees on his property, he heard a gun shot and saw a couple balloons pop and, as the balloons continued to come further onto his property, he heard another shot fired and saw more balloons pop. Mr. Lamp said that he walked under the balloons, which were approximately 30' in the air above his head, and he noticed three individuals at the gun range. One individual had a fishing rod with the line tied to the balloons and the two shooters were not at the benches, but standing out in the open lawn area. He said that he shouted to the individuals and they left the area. Mr. Lamp said that both he and his wife, Kathleen, telephoned several times and could not get an answer. Mr. Lamp also reported hearing, on another occasion, a 20 -30 round burst of automatic gun fire. Mr. Lamp stated that the problem is that no one mans their club house phone, there is no control, and no one in charge on a regular basis. Mrs. Kathleen Lamp, wife of David Lamp, disagreed with Izaak Walton League's President, Brad Johnnson's, statement that this area was sparsely populated. She said that she has four children, ages 15, 13, 9, and 2 and is concerned for their safety. Mrs. Lamp said that her nine - year-old son was with her husband the day the balloons were being shot over their heads. Mr. Warren Golightly, an adjoining property owner, stated that this is no longer a rural area. Regarding the shooting range, Mr. Golightly stressed that there is no respect for curfew, there is firing of automatic, illegal weapons, there is no supervision, there is noise pollution and reduced property values. He said that the firing range is aimed directly at his home. He has found spent shells on his property, his animals are spooked by the gunfire, and his clients, friends, and tenants are disturbed by the noise. Mr. Robert Mitchell came to the podium once again and stated that according to the • mission statement of the National Association of the Izaak Walton League, this is a conservation organization and not a gun club. He said that denial of the application would not impair the mission of this organization. No one else remained to speak and Chairman DeHaven closed the public portion of the meeting. Mr. Thomas moved to make all the letters read and presented a part of the official record. This motion was seconded by Mr. Ours and unanimously passed. Mr. Johnson and Mr. Bell next answered more questions from the Commission. The Commission believed the present situation at the Izaak Walton League left the organization open to an extreme amount of liability and a terrible situation presently exists there. It was noted that not just one neighbor was complaining, but every neighbor the club has. The Commission believed the organization was lacking in the areas of access control, supervision, and possible ricochets on other properties. They believed that a shooting range could not be operated, in this day and age, in this manner. Members of the Commission believed that the Izaak Walton League needed to provide regular, controlled supervision, utilizing supervisors who are trained to monitor a shooting range. Although the Commission was not opposed to the Izaak Walton League having a shooting facility, they were not prepared to support one under the conditions that presently exist. Members of the Commission suggested the possibility of relocating the range on the property. Commission members commented that the Izaak C� Frederick County Planning Commission Minutes of May 5, 1999 Page 356 Walton League needed to take an introspective look and they needed to be more responsive to the neighbors. The Commission believed that this conditional use permit needed to be tabled until the League can work on their present situation and determine how the new facility would be operated. Some members of the Commission believed that all shooting should stop until the situation is made safer. One of the members suggested that the League work with the State Police, the Sheriff, and the 4 -H Club to raise money for an underground shooting range. Upon motion made by Mr. Light, seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table for 90 days Conditional Use Permit #06 -99 of the Winchester Chapter of the Izaak Walton League for an outdoor recreation area, including a shooting area and wildlife reserve, in order to give the applicant the time necessary to present a plan for the proposed shooting range that addresses the concerns raised by the Commission and the neighbors. Conditional Use Permit #07 -99 of Caroline R. Sandy for a Cottage Occupation to operate a hair salon. This property is located at 1204 Greenwood Road and is identified with P.I.N. 65 -A -3 in the Shawnee Magisterial District. Action - Recommended Approval Mr. Christopher M. Mohn, Planner II, read the background information and review agency • comments. Mr. Mohn said that the applicant plans to establish a hair salon within a detached two -car garage that is planned for construction in the rear of the subject property. He said that there will be no other employees other than Mrs. Sandy. The applicant and owner of the property, Mrs. Caroline R. Sandy, was present at the meeting. There were no citizen comments. No issues of concern were raised by the Planning Commission. Commission members believed that the proposed use could operate on the property without significant impact on the surrounding community, assuming compliance with all of the review agency requirements and the staff's recommended conditions. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 407 -99 of Caroline R. Sandy to operate a hair salon, with the following conditions as recommended by the staff: All review agency comments and requirements must be complied with at all times. 2. Any expansion of the use will require approval of a new conditional use permit. • Frederick County Planning Commission Minutes of May 5, 1999 Page 357 -7- • 3. Signage installed for the approved use may not exceed four (4) square feet in area. Rezoning #09 -99 of Jasbo /Glaize, submitted by Painter - Lewis, P.L.C., to rezone 11.2662 acres from MH1 (Mobile Home Community) to B2 (Business General). This property is located on Front Royal Pike (Rt. 522), approximately .73 miles south of Millwood Pike (Rt. 50), and is identified with P.I.N. 64 -A -9 and 64 -A -9A in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt reported that the rezoning is consistent with the Route 50 East Corridor Plan and the policies established in the Comprehensive Policy Plan. He said that the applicant's proffer statement allows for this acreage to be directly served by Premier Place and provides for future signalization at this intersection with Front Royal Pike. He stated that the applicant's proffer provides a monetary contribution to mitigate the impacts to Fire and Rescue Services as demonstrated by the results of the Capital Facilities Impact Model. Mr. John C. Lewis of Painter- Lewis, P.L.C. was present to represent the owners, Jasbo, Inc. and Fred L. Glaize, III. Mr. Lewis focused his comments on the property boundaries with respect to Premier Place and an adjoining, intervening parcel to the south. He said that the intervening parcel has an • irregular shape and does not lend itself well to development, while the subject parcel does not have adequate access. He said that as indicated by the proffer, the property owner intends to vacate the property line between the 1 1.2662 -acre site and the property to the south to provide direct access from Premier Place. Mr. Lewis said that the combined parcels, totaling 13 acres, will have direct access and will be better suited for development. There were no public comments. Members of the Commission inquired if the existing entrance on the subject propertywould be eliminated and the applicant replied that it would. No other issues or concerns were raised by the Commission. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval ofRezoning Application #09 -99 ofJasbo /Glaize, submitted by Painter - Lewis, P.L.C., to rezone 11.2662 acres from MH 1 (Mobile Home Community) to B2 (Business General) with the proffers as submitted by the applicant and the understanding that the existing entrance to this property will be eliminated. • Frederick County Planning Commission Minutes of May 5, 1999 Page 358 -8- Rezoning #10 -99 of DeHaven /Orndorff ( "Mr. Fuel "), submitted by G. W. Clifford & Associates, Inc. to rezone 9.4382 acres from M2 (Industrial General) to B3 (Industrial Transition), and .8263 acres from RA (Rural Areas) to B3 (Industrial Transition); and to rezone 10.2645 acres (the total area proposed to be rezoned from M2 and RA Districts to B3 District) to IA (Interstate Area Overlay) District. This property is located 500'± south of the intersection of Rest Church Road (Rt. 669) and Martinsburg Pike (Rt. 11), between Rt. 11 and I -81 and continuing south to Duncan Run, and is identified with P.I.N.s 33 -A -91, 33A -A -15, and 33A -A -12 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the proposal to rezone the 10.2645 -acre site is consistent with the Idealized Interchange Development Pattern specified in the Comprehensive Policy Plan. He said that the applicant has submitted a proffer which attempts to mitigate the impacts to the transportation system and adjoining properties. Mr. Stephen M. Gyurisin, Mr. Ronald Mislowsky, and Mr. Charles W. Maddox, Jr., all with G. W. Clifford & Associates, Inc., the design engineering firm for the project, were present to represent the owners, Manuel C. and Pearl A. DeHaven and W.D. and Dorothy Orndortf, and to present the project proposal to the Commission. The Commission had numerous questions for the applicants concerning the ability of the current transportation system to accommodate the additional traffic impacts in the interim until the Interstate 81 improvements were realized and the abilityof the proffered conditions to adequately mitigate • the impacts to adjoining properties. to speak: Chairman DeHaven called for public comment and the following persons came forward Mr. Christopher Daniels, a resident on Woodside Road, had concerns about depletion of groundwater, the risk of discharge from the site contributing to the pollution already occurring to Duncans Run, headlight glare, and the creation of major traffic problems. Mr. Daniels believed that the traffic problems that would be created by two truck stops (Flying J and this proposal) would ruin the possibility of future economic development in this area. He also pointed out that the short distance between the I -81 Exit and access to Route 11 would create a stacking problem with only one or two trucks. Ms. Rhonda Lynch, a local resident, contributed the decline of the Rest Church Road bridge to excessive use by commuters from West Virginia. Mr. Jim Connelly, owner of the Stateline Exxon, was also concerned with traffic congestion. In addition, Mr. Connelly had concerns about the applicant proposing a well location so close to Exxon's existing well and drainfield, and he wanted to make certain that Mr. Fuel/Arogas signs do not block Exxon's representations from I -81. • Frederick County Planning Commission Minutes of May 5, 1999 Page 359 e� Commission members were in favor of the rezoning proposal, but had numerous issues • of concern. Foremost was the concern about whether the transportation system in that area was capable of handling all the additional truck traffic that the proffered use would generate. The Commission was concerned about the structural integrity of the aging I- 81/Rest Church Road bridge and the timing of its replacement. Concern was expressed that a current, independent traffic study had not been submitted, including safety statistics to demonstrate that the bridge could handle the truck traffic until it is replaced. Representatives of VDOT, Mr. Norman Sparks and Mr. Steve Melnikoff, were available and stated that no funding has been approved for either preliminary engineering or construction of a new bridge. Mr. Sparks said that although the bridge is Priority #3 on the Interstate 81 Project Priority Plan for the Staunton District, it could take six to seven years before construction starts. Concern was also expressed by members of the Commission that existing septic systems in this area were not functioning properly, which may contribute to contamination of local wells or pollution of nearby streams. There was also concern that the amount of water needed for the operation of the proffered use could negatively impact residential wells. Finally, the Commission also expressed concern that the applicant had not spoken with local residents, particularly those on the east side of Martinsburg Pike, to receive feedback about possible impacts or the use of a concrete wall to screen the proffered use. A motion was made by Mr. Light and seconded by Mr. Stone to table the rezoning for 90 days; however, this motion failed by the following tie vote: YES (to table) Light, DeHaven, Romine, Thomas, Stone • NO: Copenhaver, Marker, Wilson, Ours, Miller Another motion was made by Mr. Miller and seconded by Mr. Wilson to recommend approval of the rezoning with the proffers as submitted by the applicant. This motion passed by a majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #10-99 of DeHaven/Orndorff ( "Mr. Fuel ") to rezone 9.4382 acres from M2 (Industrial General) District to B3 (Industrial Transition) District; and .8263 acres from RA (Rural Areas) District to B3 (Industrial Transition) District; and to rezone 10.2645 acres (the total area proposed to be rezoned from M2 and RA Districts to B3 District) to IA (Interstate Area Overlay) District. The vote on this rezoning recommendation was as follows: YES (to approve) Miller, Stone, Romine, Wilson, DeHaven, Copenhaver NO: Ours, Thomas, Marker, Light • Frederick County Planning Commission Minutes of May 5, 1999 Page 360 -10- • PUBLIC MEETING Request to waive the Buffer and Screening Requirements of the Zoning Ordinance, submitted by Kerstown United Methodist Church, to allow for a reduction of the required zoning district buffers that are applicable to this site. This site is located at 3239 Valley Pike and is identified with P.I.N. 63 -A -96 in the Opequon Magisterial District. Action - Recommended Approval Mr. Christopher M. Mohn, Planner II, stated that a waiver request has been submitted by the Kemstown United Methodist Church to allow for a reduction of the required zoning district buffers that are applicable to this site. He said that this request is necessary for the church to expand its parking facility and construct a picnic shelter. He further explained that the site under consideration is zoned M2 (Industrial General) and the existing church is a legally nonconforming use. Mr. Tim Youmans, representing the Kemstown United Methodist Church, was available to answer questions from the Commission. There were no public comments. No issues of concern were raised by the Commission. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve • the request by the Kemstown United Methodist Church to waive the buffer and screening requirements of the Zoning Ordinance as follows: Waive part of the 25' inactive buffer to permit installing a 12' wide asphalt, one -way driveway situated 10' from the zoning boundary. Waive part of the 25' active buffer to permit the construction of a picnic shelter /porte- cochere no closer than 27.5' from the zoning boundary. Waive the screening requirement placement, allowing for the screening to be relocated to screen the Gabler property. This would be more beneficial as the Gabler site is primarily utilized by tractor trailers, and is slated to be reconfigured as a distribution facility. The Racey property is an office and the church utilizes the parking facility. E Frederick County Planning Commission Minutes of May 5, 1999 Page 361 -11- • REQUEST FOR MODIFICATION TO AN APPROVED MASTER DEVELOPMENT PLAN BY THE ADAMS COMPANY/ AIRPORT BUSINESS CENTER Action - Administrative Approval Authority Granted to Staff Mr. Kris C. Tierney, Planning Director, reported that the Adams Company has an area in the Airport Business Center where they are interested in establishing some flex tech. Mr. Tierney pointed out that the Commission recently amended the ordinance to provide for flex tech as a permitted use in the business and industrial zones. He explained that the Airport Business Center already has an approved master plan and they would like to revise their plan to indicate where the flex tech uses would be located. Mr. Tierney said that it was the staff's belief that this would be a relatively minor modification to the approved master plan and did not believe it was necessary to obtain agency comments or conduct a formal hearing. The Planning Commission concurred with the staff's assessment. Upon motion made by Mr. Miller and seconded by Mr. Marker, the Commission unanimously granted staff administrative approval authorityon the modification of the Adams Company's existing, approved master development plan for the addition of flex tech areas. • ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 10:10 p.m. by unanimous vote. Respectfully submitted, �G k ris C. Tierney, Secr I'ry Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of May 5, 1999 Page 362