PC_03-17-82_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' meeting room, March 17,
1982.
PRESENT: Frank Brumback, Chairman; James Golladay, Vice Chairman; Carl
McDonald; M. Domenic Palumbo; Kenneth Stiles; A. L. Myers;
Manuel DeHaven; W. French Kirk; George Romine
CALL TO ORDER
The first order of business, consideration of the worksession
minutes of February 23, 1982. Mr. Kirk noted that on page three,
second paragraph should read, "...would not be willing to proceed..."
There being no further corrections, Mr. Myers moved and Mr.
Golladay seconded the approval of the corrected minutes of February 23,
1982. This motion was passed unanimously.
BIMONTHLY
Mr. Horne explained the format of the new monthly report.
The Commission was in favor of receiving the new monthly report and
also of receiving a list of items pending and approved at every
meeting.
In answer to Mr. DeHaven's question, Mr. Gyurisin stated that
Mr. Mielzarek is applying for a conditional use permit for a.camp for
children and young adults. Mr. Gyurisin stated that the location is on
Route 617.
Mr. Gyurisin also commented that two additional conditional
use permits are pending, and they are Robert Brown for a service
station in Clearbrook and Lloyd Roberts for a beauty salon in
Shenandoah Hills. Mr. Gyurisin noted that there is also an additional
rezoning pending for David Moulden for a feed and supply store in
Clearbrook.
Chairman Brumback next accepted the bimonthly and monthly
report as information only.
March 22 Worksession
Mr. Stiles next moved to designate the Worksession for March
as -)the public meeting held on Monday, March 22, 1982. This was
seconded by Mr. Golladay and passed unanimously.
1510
-2-
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby designate the March worksession as the public meeting to be held
on March 22, 1982, at 7:30 p.m.
Discussion of Ordinance for a Small Lot Subdivision
Mr. Stiles next inquired if it would be appropriate for the
Commission to draft an ordinance to deal with barking dogs in small
lot, residentially zoned subdivisions.
Mr. Horne suggested that the Animal Care Division of Public
Services be contacted to initiate any action on this problem. Mr.
Horne stated that the Zoning Department could dovetail the subject with
Animal Care if the Commission desired.
Introduction o f Fred Wharton, Desi n Review Specialist
Mr. Horne next introduced Mr. Fred Wharton, the new Design
Review Specialist for the Permit Center. Mr. Wharton explained his
position in the Permit Center. He also gave the Commission an idea of
the direction the Permit Center is heading and what changes have been
made in the Department.
Discussion of Comprehensive Plan Public Meetings
Mr. Horne felt that the public meeting for Back Creek
District was a success. He noted that only 13 out of 30 surveys were
turned in. Mr. Horne felt that to alleviate this problem at the next
meeting, the Commissioners should use the first ten minutes of the
group session to assist everyone in completing the survey. Mr. Horne
1511
-3-
added that the Commissioners could then collect the survey at that
point.
The Commissioners next reviewed the results of the surveys
collected from Back Creek District.
Discussion of Ordinance Amendment to Redefine Sawmills
Mr. Stiles moved that the staff proceed to draft the proper
ordinance amendment to redefine sawmills in the definition section of
the ordinance in order to allow commercial sawmills in A -1 and A -2
zones with a conditional use permit. This motion was seconded by Mr.
Myers and was passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby instruct the staff to proceed to draft an ordinance amendment to
allow commercial sawmills in A -1 and A -2 zones with a conditional use
permit.
PUBLIC HEARINGS
Conditional Use Permit No. 001 -82 of Gilbert Mills for a home
occupation /accessory structure for a sawmill in the Opequon Magisterial
District.
ACTION - Withdrawal
The Secretary gave the background information.
Upon motion made by Mr. Myers, seconded by Mr. Stiles and
passed unanimously, the Frederick County Planning Commission does
hereby retire into Executive Session in accordance with Section 2.1 -344
(A)(6) to discuss legal matters.
Upon motion made by Mr. Myers, seconded by Mr. Stiles and
passed unanimously, the Commission withdrew from Executive Session.
1512
-4-
Mr. Mills came forward and stated that he wished to withdraw
this conditional use permit no. 001 -82 and apply for a conditional use
permit for the restablishment of a non - conforming use.
Mr. Golladay moved to accept Mr. Mills' withdrawal of
conditional use permit no. 001 -82 for a home occupation /accessory
structure. This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the withdrawal of conditional use permit no. 001 -82 of
Mr. Gilbert Mills.
Ordinance Amendment - Section 21 -36
Upon motion made by Mr. Stiles, seconded by Mr. Romine and
passed unanimously, the Commission approved the ordinance amendment as
presented.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the ordinance to amend the Frederick County Code as
follows:
An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to
amend Article V, Section 21 -36 by the addition of (n); to amend Article
VI, Section 21-44 by the addition of (m); to amend Article VII, Section
21 -52 by the addition of (r); to amend Article.,X, Section 21 -90 by the
addition of (o) as follows:
(n); (m); (r); (o) Nationally chartered fraternal lodges, civic clubs,
and their related club facilities, only with an approved site plan and
conditional use permit, with the following conditions:
(1) All principle activities shall take place entirely within an
enclosed structure.
(2) All outdoor facilities shall be incidental to the principle
facility or activity.
(3) No facility or activity shall be erected or conducted less than
30' from any residential district or areas within other districts
which are predominantly residential in nature.
The intent of this use is not to detract from the residential
characteristics of the neighborhood or district.
--------------- - - - --
Ordinance Amendment - Section 21 -103
1513
-5-
Upon motion made by Mr. Stiles, seconded by Mr. Kirk and passed
unanimously, the Commission approved the ordinance amendment as
presented.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the ordinance to amend the Frederick County Code as
follows:
An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to
amend Article XI, Section 21 -103 by the addition of (j); to amend
Article XII, Section 21 -109 by the addition of (1); as follows:
(j); (1) Commercial outdoor recreation, athletic, or park facilities,
only with a conditional use permit; and, recognizing the intent of the
district as stated in this Code.
Ordinance Amendment - Section 21 -16 (i
Upon motion made by Mr. Stiles, seconded by Mr. Kirk and passed
unanimously, the Commission approved the ordinance amendment as
presented.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the ordinance to amend the Frederick County Code as
follows:
An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to
amend Article III, Section 21 -16(i) and Article IV, Section 21 -26(d) as
follows:
(i); (d) Open space outdoor recreation, athletic or park facilities.
Ordinance Amendment - Section 21 -16(v)
Upon motion made by Mr. Stiles, seconded by Mr. DeHaven and passed
unanimously, the Commission approved the ordinance amendment as
presented.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the ordinance to amend the Frederick County Code as
follows:
1514
Qs
An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to
amend Article III, Section 21 -16(v) by the addition of (10); to amend
Article IV, Section 21 -26(x) by the addition of (22); as follows:
(10); (22) Commercial outdoor recreation, athletic, or park
facilities.
Ordinance Amendment - Section 21 -1
Upon motion made by Mr. DeHaven, seconded by Mr. Golladay and
passed unanimously, the Commission approved the ordinance amendment as
presented.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the ordinance to amend the Frederick County Code as
follows:
An ordinance to amend the Frederick County Code, Chapter 21, Zoning, to
amend Article I, Section 21 -1 by the addition of the following:
Open space outdoor recr eation, athletic, or park facilities - A private
recreation, athletic, or park facility that is not commercial and fee
supported, that utilizes non - supervised athletic and recreational
activities and does not use motor driven equipment.
Commercial outdoor recreation, athletic, or facilities - A private
recreation, athletic, or park facility that is commercial in nature and
fee supported, that utilizes supervised athletic and recreational
activities.
There being no further business, Mr. Golladay moved to adjourn.
This was seconded by Mr. Stiles and passed unanimously.
Respectfully Submitted,
r�mbac , Chairman
O T . P. Horne, Secretary
1515