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HomeMy WebLinkAboutPC_10-06-99_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION This meeting v<as held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 6, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice - Chairman/ Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; Mark Cheran, Planner I; Amy M. Lohr, Planner l; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - AUGUST 4, 1999, AUGUST 18, 1999, & SEPTEMBER 1, 1999 Upon motion made by Mr. Marker and seconded by Mr. Wilson, the minutes of the August 4, 1999 meeting were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of the August 18, 1999 meeting were unanimously approved as presented. Upon motion made by Mr. Ours and seconded by Mr. Thomas, the minutes of the September I, 1999 meeting were unanimously approved as presented. Frederick County Planning Commission Minutes of October 6, 1999 Page 412 -2- APPLICATIONS ACTION SUMMARY ® Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 09/23/99 Mtg. Mr. Roger Thomas, subcommittee member, reported that the DRRS discussed cul -de -sac lengths and the number of housing units permitted around a cul-de -sac. He said that the DRRS believed the wording and requirement was appropriate and recommended no change. Mr. Thomas said that the DRRS also reviewed a few minor changes to the SIC codes and those will be forwarded to the Planning Commission for additional discussion. Comprehensive Plans & Programs Subcommittee (CPPS) - 09/13/99 Mtg. Mrs. Marjorie Copenhaver, subcommittee member, reported that the CPPS discussed the request by Fellowship Bible Church to run a sewer line from the area at the Coca -Cola plant to the church. She said that the new land use study for the Route I 1 North corridor was also discussed and the staff will be meeting with the Board of Supervisors to verify the boundaries for the study. Transportation Committee - 10/05/99 Mtg. Mr. Roger Thomas, committee member, reported that the Transportation Committee discussed the 2000 -2001 Frederick County Secondary Road Improvement Plan. Mr. Thomas said that it was approved unanimously with some minor changes. Sanitation Authority (SA) - 09/14/99 Mtg. Mrs. Marjorie Copenhaver, liaison to the SA, reported that the SA approved the request of the Allen Estate to allow the City of Winchester to provide water and sewer to the parcel on the south side of Cedar Creek Grade. She said that the SA is proceeding with the Back Creek well on Middle Road. Mrs. Copenhaver remarked that there has been considerable publicity and a brochure was mailed explaining that the water is very safe and there are no harmful chemicals or microbes within it. She also reported that the Frederick County Planning Commission Minutes of October 6, 1999 Page 413 -3- Northwest Storage Tank should be completed in November. • Modification of Agenda Items Chairman DeHaven announced that Item #8, Conditional Use Permit # 18 -99 of Michael M. Milam, can not be heard this evening because it did not meet sign posting requirements. Chairman DeHaven stated that this item will need to be re- advertised and heard at a subsequent meeting. Chairman DeHaven also announced that Item 413, Conditional Use Permit #23 -99 of CFW Intelos/ VA PCS Alliance, the Justus Russell, Jr., et als property, has been withdrawn by the applicant. Upon motion made by Mr. Miller and seconded by Mr. Thomas, the agenda was adopted by unanimous vote. PUBLIC HEARINGS Rezoning Application #15 -98 of Jack K. Wampler to rezone 0.69 acres of a 20 -acre parcel from B3 (Industrial Transition) District to RA (Rural Areas) District and to amend the proffers that were adopted • by the Board of Supervisors on December 9, 1998. This property is located on the west side of Martinsburg Pike (Rt. 11) approximately 0.5 miles south of the intersection with Hopewell Road (Rt. 672) and is identified with P.I.N. 33- A -164D in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt stated that this application was a continuation of a public hearing which was tabled at the Commission's August 4, 1999 meeting. Mr. Wyatt said that the primary reason for tabling of this application was because of some concerns the staff had regarding the applicant's proffer statement. He said that the applicant requested the tabling to allow them some time to work with the staff on the areas of concern. Mr. Wyatt reported that the revised proffer statement was submitted and has been reviewed by the County Attorney. He said that the revisions have addressed the concerns identified during the August 4, 1999 Planning Commission meeting. There were no citizen comments. The Planning Commission believed the rezoning request and the revised proffers were appropriate. No other issues were raised. • Frederick County Planning Commission Minutes of October 6, 1999 Page 414 Pr -4- . Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #015 -98 of Jack K. Wampler to rezone 0.69 acres of a 20 -acre parcel from B3 (Industrial Transition) to RA (Rural Areas) District and to amend the proffers that were adopted by the Board of Supervisors on December 9, 1998. Conditional Use Permit #16 -99 of Martha Tatum for a Cottage Occupation/Graphics Workshop. This property is located at 337 Mumau Mill Lane and is identified with P.I.N. 93 -A -47 in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Mark Cheran, Planner I, stated that this application is in response to a zoning violation complaint that staff received. He said that the applicant was cited for the operation of an illegal business and obtaining the conditional use permit is an available option to resolve the violation. Mr. Cheran stated that based on the limited scope of activities proposed and the requirements of a cottage occupation, it appears that the proposed use would not have any significant impacts on the adjoining properties. Chairman DeHaven called for public comment, but no one came forward to speak. Chairman • DeHaven brought the Commission's attention to a letter received from Mr. Mark J. Unger, an adjoining property owner, who did not appear to be in opposition to the use, but had concerns about whether it may someday restrict the agricultural use of their adjoining property. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, the Commission unanimously voted to make the letter a part of the official record. No issues of concern were raised by the Planning Commission. Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 16 -99 of Martha Tatum for a Cottage Occupation/Graphics Workshop at 337 Mumau Mill Lane with the following conditions: 1. All review agency comments shall be complied with at all times. 2. Health Department comments shall be addressed within 90 days of approval. 3. All work shall be accomplished inside of a completely enclosed building. 4. Any proposed Cottage Occupation sign shall not exceed four (4) square feet in area. is Frederick County Planning Commission Minutes of October 6, 1999 Page 415 — --A -5- 11 Conditional Use Permit #17 -99 of Garland L. Boyce, Sr. for a Public Garage/Auto Repair (without auto body repair). This property is located at 641 McDonald Road (Rt. 616), approximately two miles west of Wardensville Grade (Rt. 608), and is identified with P.I.N. 51 -22 -G in the Back Creek Magisterial District. Action - Recommended Denial Ms. Amy Lohr, Planner 1, stated that public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from the view of surrounding properties. Ms. Lohr stated that the owners have obtained building permits for both a house and a detached garage. She reported that the applicants intend to construct the house and garage approximately 100 feet from McDonald Road and they have stated that their proposed use will be conducted wholly within the detached garage. Ms. Lohr continued, stating that the parcel is currently occupied by a recreational vehicle which is being used for residential purposes and this constitutes a violation of the zoning ordinance. Ms. Lohr stated that the approval of the conditional use permit will be conditioned upon the removal of the illegal residence within 30 days. Ms. Sallie J. Boyce, the applicant, was available to answer questions from the Commission. In response to a question from a commissioner on the use of the recreational vehicle, Ms. Boyce replied that the camper is used for dog- raising and for camping on weekends. Ms. Boyce said that she has read the conditions of the permit and understands that they need to be complied with at all times. Chairman DeHaven called for public comment and the following persons came forward to speak in opposition to the permit: Mr. Gilbert Strosnider, resident at 779 McDonald Road, said that over the last two years on the applicant's property, he has observed the camper being used as an illegal residence, numerous junk cars, -unsightly appearance of the property, visits to the property by the sheriff, noise from dogs, and noise from four - wheelers all hours of the night. Mr. Strosnider did not believe the applicant would adhere to the conditions placed on the conditional use permit. Mr. Eric Heflin, resident at 1061McDonald Road, was concerned about the proposed public garage adding to the existing traffic problem on Route 608. Mr. Heflin said that five vehicles can be seen on the property from McDonald's Road at all times. Mr. Heflin said that sometimes his work gets him home at 2:00 or 3:00 in the morning and driving by the property he has observed lights, people, and noise at the camper, which leads him to believe that the camper is being used as a residence. Mr. Daniel Whitacre, resident at 519 Turtle Meadow Drive, agreed with the previous comments made by the residents on McDonald Road. Mr. Whitacre asked for a show of hands from members of the audience who were opposed to the conditional use permit and about five to six people raised their hands. • Frederick County Planning Commission Minutes of October 6, 1999 Page 4 l@ FV M . Chairman DeHaven brought the Commission's attention to three letters that were submitted in opposition to the proposed conditional use permit. Upon motion made by Mr. Ours and seconded by Mr. Marker, the Commission unanimously voted to make the letters a part of the official record. Members of the Commission were concerned about the issues the neighbors had raised. They also had concerns about issuing a conditional use permit when no residence or garage existed on the property from which to operate the conditional use permit. The Commission considered tabling the permit until the house and garage were constructed, but decided against this because the construction of the facility would not necessarily guarantee the approval of a conditional use permit. They also believed that postponing the decision until a later date would not be fair to either the applicant, because of the investment that would be made, or the neighbors. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of Conditional Use Permit # 17 -99 of Garland L. Boyce, Sr. for a Public Garage /Auto Repair at 641 McDonald Road. Conditional Use Permit #19 -99 of OTAN (Outreach to Asia Nationals) for a humanitarian aid organizational office. This property is located at 261 Bethany Hill Drive and is identified with P.I.N. 30- M 7 -10 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Mark Chcran, Planner 1, stated that the applicant proposes to establish a humanitarian aid organizational office and proposes to build a two -story, 40' X 44' frame office building on the property. Mr. Chcran said that this building will be in addition to the existing office and residence located on the property. He recalled that OTAN had obtained a conditional use permit in 1991 to establish an office as a cottage occupation. Mr. Cheran continued, stating that VDOT has commented that the existing entrance is inadequate and significant improvements must be made to the existing crossover and entrance. He also noted that the Fire Marshal has stated that a 20' -wide roadway must be provided to ensure emergency access. Mr. Cheran said that, in addition, an engineered site plan will be required for the proposed conditional use permit. Mr. Cheran next read the staffs recommended conditions. Members of the Commission questioned whether the wording of Condition #5, regarding the number of employees, was consistent with what the Health Department had intended in their letter of August 12, 1999. In order to accurately reflect the Health Department's comments, Commission members decided that Condition 45 should be revised to read, "No more than 15 employees and two full -time residents shall be located at this property." Mr. Neil Taylor, representing OTAN, was available to answer questions from the 0 Frederick County Planning Commission Minutes of October 6, 1999 Page 4 1 - Commission. • Chairman DeHaven called for public comment and the following person came forward to speak: Mr. Murrell K. Renner, adjoining property owner at 178 Chestnut Grove Road, had concerns about the construction of the 20' roadway and whether OTAN would be required to obtain approvals from the adjoining property owners for additional right -of -way. In addition, he inquired if the road would be built prior to any other construction on the site. Mr. Neil Taylor responded to Mr. Renner's question by stating that OTAN had made arrangements with the adjoining church property to secure additional right -of -way. Mr. Taylor explained OTAN's plans for improvements to the entrance and crossover. The staff added that prior to site plan approval, all easements must be legally executed and recorded. Members of the Commission assured the adjoining property owner that the County will insure, through the site plan process, that all easements will be in writing and legally recorded before OTAN can operate. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 19 -99 of OTAN (Outreach to Asia Nationals) for a humanitarian aid organizational office at 261 Bethany Hill Drive with the following conditions: I . All review agency comments must be complied with at all times. 2. The approval of this conditional use permit is conditioned upon the approval of a site plan by the Frederick County Planning Commission. 3. All signs shall conform to the Cottage Occupation sign requirements. (The sign shall not exceed four (4) square feet in area.) 4. No marketing of merchandise shall occur from this property. 5. No more than 15 employees and two full -time residents shall be located at this property. 6. . Any expansion of this use would require a new conditional use permit. 0 Frederick County Planning Commission Minutes of October 6, 1999 Page 418 PF 8- Conditional Use Permit #20 -99 of CFW Intelos /VA PCS Alliance for a 140' monopole telecommunications tower. This site is located at 294 Footstone Lane (James L. Patton property) and is identified with P.I.N. 42 -A -332 in the Gainesboro Magisterial District. Action - Recommended Approval with Setback Waiver & Conditions Mr. Michael T. Ruddy, Zoning Administrator, read the background information and review agency comments. He stated that the applicant is a personal wireless service provider and, therefore, the requirements of the Telecommunications Act would be applicable. Mr. Ruddy reported that in evaluating this application it has been demonstrated that there is a need for the infrastructure within the area of the County identified. He said that the approval of this application would be in conformance with the requirements of Section 704 of the Telecommunications Act of 1996. Mr. Thomas Whitacre, representing VA PCS Alliance/ CFW Intelos, stated that this tower was not intended to be a spec tower, but is needed to improve their existing and growing customer base. Mr. Whitacre next answered questions from the Commission on such issues as structural capacity, co- users, lighting, and facility needs. There were no citizen comments. Members of the Commission agreed with the staff's recommendation that this application for a commercial telecommunications facility had adequately addressed the requirements of the Zoning Ordinance in that a need for the facility, based upon a lack of coverage and capacity in this part of the County, had been • demonstrated. They also agreed that the waiver of the setback requirements was appropriate to minimize the impact of the tower on the surrounding area. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #20 -99 of CFW Intelos/ VA PCS Alliance for a 140' monopole telecommunications tower at 294 Footstone Lane (lames L. Patton property) with a waiver of the setback requirements and the following conditions: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers. 3. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within 12 months of the abandonment of operations. • Frederick County Planning Commission Minutes of October 6, 1999 Page 419 e� • Conditional Use Permit #21 -99 of CFW Intelos/ VA PCS Alliance for a 140' monopole telecommunications tower. This site is located on 161 Trinity Lane (Round Hill United Methodist Church property) and is identified with P.I.N. 52- A -142A in the Back Creek Magisterial District. Action - Recommended Approval with Setback Waiver & Conditions Mr. Michael T. Ruddy, Zoning Administrator, read the background information and review agency comments. He said that the applicant is a personal wireless service provider and, therefore, the requirements of the Telecommunications Act would be applicable. Mr. Ruddy stated that in evaluating this application, it has been demonstrated that there is a need for the infrastructure within the area of the County identified; however, the applicant had not identified other sites in the area that are large enough to accommodate this facility. Mr. Thomas Whitacre, representing CFW Intelos / VA PCS, was available to answer questions from the Commission. An adjoining property owner, Mr. Francis J. Kowalski residing at 3015 Northwestern Pike, was concerned about the overloading of an electrical transformer which both he and the church share, and which could adversely affect his household appliances. Mr. Kowalski's other concern was whether emissions from the tower would adversely affect the reception of his AM /FM radio, television, on -line computer, and portable telephone. Another adjoining property owner, Mrs. Olive W. Gardiner residing at 3021 Northwestern • Pike, did not have objections to the tower location, but asked if there was a similar tower in the area they would be able to sec. In response to Mr. Kowalski's concerns, Mr. Whitacre stated that CFW IntelosNA PCS will apply for and install a new, independent commercial power service which would operate off of a new, independent transformer, and will not impact others' electrical needs. Mr. Whitacre also explained why the opportunity for interference with AM/FM radio and television was very low. Mr. Winston McKay, representing the Round Hill United Methodist Church, came forward to speak in favor of the proposed tower. Mr. McKay believed the tower would not negatively affect the visual aesthetics of the church or the surrounding area. Members of the Commission were concerned about the proximity of the tower to the adjoining properties and right -of -ways. Mr. Whitacre stated that they have documented their search process in which six properties were identified that could meet coverage objectives; however, only the church property owners were interested in speaking with them. The Commission next discussed with Mr. Whitacre the applicant's search for co- location on nearby existing facilities and towers. The Planning Commission believed that the applicant had demonstrated a need for a facility in this area and the need for a waiver of the setbacks. Upon motion made by Mr. Marker and seconded by Mr. Romine, Frederick County Planning Commission Minutes of October 6, 1999 Page 42C -10- BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommended approval of Conditional Use Permit #21 -99 of CFW IntelosNA PCS Alliance for a 140' monopole telecommunications tower at 161 Trinity Lane (Round Hill United Methodist Church property) with a waiver of the setback requirements and the following conditions: I . All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers. 3. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within 12 months of the abandonment of operations. 5. Landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures arc not visible from adjoining properties and road right -of -ways. Conditional Use Permit #22 -99 of CFW Intelos/ VA PCS Alliance for a 180' monopole telecommunications tower. This site is located near the intersection of Mahlon Drive and Route 50 West (Calvin L. Ritter property) and is identified with P.I.N. 40-A -148 in the Gainesboro Magisterial District. Action - Recommended Approval with Setback Waiver & Conditions Mr. Michael T. Ruddy, Zoning Administrator, read the background information and review agency comments. He said that the applicant is a personal wireless service provider and, therefore, the requirements of the Telecommunications Act would be applicable. Mr. Ruddy stated that in evaluating this application, it has been demonstrated that there is a need for the infrastructure within the area of the County identified; however, it was possible that the provision of the same services could be achieved using alternative methods and alternative locations not identified by the applicant. Mr. Thomas Whitacre, representing CFW Intelos/ VA PCS Alliance, was available to answer questions from the Commission. Members of the Planning Commission raised concerns over the request for a setback waiver. Mr. Whitacre stated that if they moved the tower further away from the property line, they would be working on a very steep slope and would encounter other types of development problems. It was determined that the slope was about 120'. There were no public comments concerning this item. Members of the Commission believed the applicant had demonstrated a need for a facility in the proposed location and had also demonstrated that a waiver of the setback requirement would be appropriate Frederick County Planning Commission Minutes of October 6, 1999 Page 421 I in this case. However, members of the Commission commented that the intent of the ordinance was not to • permit setback waivers for convenience sake and they expressed concern that all three tower applications contained a requested waiver. 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 422 -99 of CFW Intelos/ VA PCS Alliance for a 180' monopole telecommunications tower near the intersection of Mahlon Drive and Route 50 West (Calvin L. Ritter property) with a waiver of the setback requirements and the following conditions: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers. 3. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within 12 months of the abandonment of operations. ® Proposed amendments to Chapter 165, Zoning, amending Section 165 -59 Permitted Uses - RP (Residential Performance) Zoning District, establishing Single Family Small Lot Housing; Section 165 - 65F; Defining dimensional requirements for single family small lot housing; Section 165 -29 Motor Vehicle Access; Section 165- 37.C.(1) Perimeter single family separation buffers; Section 165 -63 Open Space Requirements; Section 165 -64 Recreational Facilities. In addition, a proposed amendment to Chapter 144, Subdivision, amending Section 144 -25 Lot Access. The proposed amendments modify a previously-existing housing type providing additional Flexibility within the ordinance and increased design standards and amenities. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, stated that the text amendment has been refined in an effort to combine patio homes with the proposed senior housing to form a single housing type referred to as Single Family Small Lots. He explained that this housing type would not be limited to elderly housing and a higher quality development would be assured through the provision of additional amenities, such as recreational facilities, increased landscape standards, and quality private road designs, regardless of the status of ownership. He said that it is the staff's and DRRS's belief that this amendment enhances the existing RP requirements and provides additional flexibility within the ordinance. Chairman DeHaven called for public comments and the following persons came forward to speak: Frederick County Planning Commission Minutes of October 6, 1999 Page 422 -12- Mr. Stephen M. Gyurisin, representing Oakerest Companies, and Mr. James Vickers, • President of Oakcrest Companies, were present to speak in favor of the proposed amendments. Mr. Vaughn Foura, with the Top of Virginia Home Builders Association, was in favor of components in the amendment that would provide flexibility and allow the developer some creativity in development. The Planning Commission extensively discussed the subject of curb and gutter and sidewalk requirements. The discussion focused on providing increased flexibility in the ordinance to allow for creativity in development and ensuring high design standards to provide for a quality development. Although the amendment as presented did much to accomplish this, the Planning Commission also revised the last sentence of Section 165- 29,Motor Vehicle Access, as follows: "In addition, curb and gutters, Standard Curb CG -6, CG- 7, or roll top curb, and sidewalks shall be provided along private roads; however, the Planning Commission may approve a waiver of sidewalks on private streets, provided another recreational amenity is substituted for the sidewalk." Upon motion made by Mr. Marker and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of amendments to Chapter 165, Zoning, amending Section 165 -59 Permitted Uses - RP (Residential Performance) Zoning District, establishing Single Family Small Lot Housing; Section 165 -65 F ; Defining dimensional requirements for single family small lot housing; Section 165 -29 Motor Vehicle Access; Section 165- 37.C.(I) Perimeter single family separation buffers; Section 165 -63 Open Space Requirements; Section 165 -64 Recreational Facilities. In addition, a proposed amendment to Chapter 144, Subdivision, amending . Section 144 -25 Lot Access. This amendment includes the revision to the last sentence of Section 165 - 29,Motor Vehicle Access, as follows: "In addition, curb and gutters, Standard Curb CG -6, CG -7, or roll top curb, and sidewalks shall be provided along private roads; however, the Planning Commission may approve a waiver of sidewalks on private streets, provided another recreational amenity is substituted for the sidewalk." The proposed amendments modify a previously- existing housing type providing additional flexibility within the ordinance and increased design standards and amenities. Proposed Amendment to Chapter 165, Zoning, amending Section 165 -50 Permitted Uses - RA (Rural Areas) Zoning District; Section 165 -51 Conditional Uses, permitting schools with a residential component as a conditional use in the RA (Rural Areas) Zoning District; Section 165 -145 Definitions, Redefining schools with and without a residential component. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, stated that this amendment is to allow schools with a residential component in the RA (Rural Areas) Zoning District. Mr. Ruddy stated that both the Planning Commission and the Board of Supervisors have held discussions regarding this amendment and have recommended forwarding the amendment for public hearing: • Frederick County Planning Commission Minutes of October 6, 1999 Page 423 I - 13 - There were no public comments regarding the proposed amendment. • Upon motion made by Mr. Thomas and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter 165, Zoning, amending Section 165 -50 Permitted Uses - RA (Rural Areas) Zoning District; Section 165 -51 Conditional Uses, permitting schools with a residential component as a conditional use in the RA (Rural Areas) Zoning District; Section 165 -145 Definitions, Redefining schools with and without a residential component. Proposed amendment to Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165 -82 District Use Regulations, to allow fire stations, companies, and rescue squads as a permitted use in Sections A) B1 (Neighborhood Business) District; B) B2 (Business General) District; C) B3 (Industrial Transition) District; and D) Ml (Light Industrial) District. The proposed amendment would establish fire stations, companies, and rescue squads as a permitted use in the above - referenced Business and Industrial Zoning Districts. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, stated that this amendment is to allow fire stations, companies, and rescue squads as a permitted use in the BI (Neighborhood Business), B2 (Business • General), B3 (Industrial Transition), and M 1 (Light Industrial) Zoning Districts. Mr. Ruddy stated that both the DRRS and the Planning Commission expressed their support of the proposed amendment at ajoint work session held on September 15, 1999 and recommended forwarding the amendment for public hearing. There were no public comments regarding the amendment. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165 -82 District Use Regulations, to allow fire stations, companies, and rescue squads as a permitted use in Sections A) B I (Neighborhood Business) District; B) B2 (Business General) District; C) B3 (Industrial Transition) District; and D) M I (Light Industrial) District. The proposed amendment would establish fire stations, companies, and rescue squads as a permitted use in the above - referenced Business and Industrial Zoning Districts. f. J Frederick County Planning Commission Minutes of October 6, 1999 Page 424 -14- LJ ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 10:00 p.m. by Respectfully submitted, s C. Tiern �ec Charles S. DeHaven, Jr., Chairman • • Frederick County Planning Commission Minutes of October 6, 1999 Page 425