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PC_07-07-82_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, on July 7, 1982. PRESENT: Frank Brumback, Chairman; James Golladay, Vice-Chairman; Carl M. McDonald; M. Domenic Palumbo; Kenneth Stiles; A. L. Myers; Manuel DeHaven; W. French Kirk; George L. 1bmine CALL TO ORDER Chairman Brumback called the meeting to order. The first order of business, consideration of the minutes of June 16, 1982. Mr. Golladay noted that on page one, paragraph five, the sentence should read, "...and Bruce Edens, representative for the developer, were..." Mr. Golladay then moved for approval of the minutes of June 16, 1982, with the correction noted. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY Mr. Palumbo inquired as to why the two rezonings pending, which were submitted in January and February, have not yet appeared before the Commission. Mr. Horne stated that both rezonings are awaiting Health Department comment. He explained that with regard to the Zieger rezoning, the representative has failed to contact the Health Department. Mr. Horne explained that the Gillespie /Updike rezoning is for a mobile home park and requires much detailed work by the Health Department. There next ensued a discussion on whether a six month time limit should be placed on applications submitted. The Commission felt that the fee submitted should not be returned if the time limit was exceeded. The Commission also felt that they should have the right to decide whether a second fee should be submitted on an individual basis. 1572 Mr. Romine then moved to adopt a six month time limit on all applications as a policy of the Planning Commission. This was seconded by Mr. Kirk and passed by the following majority vote: YES: Messrs. Brumback, Golladay, McDonald, Palumbo, Stiles, DeHaven, Kirk NO: Mr. Myers BE IT RESOLVED, That the Frederick County Planning Commission does hereby adopt as policy that all applications submitted for review by the Commission have a six month time limit to commence on the submitted date. If the application is not ready to be reviewed by the Planning Commission after this time period, the application will be dropped. SITE PLANS Site Plan #008 -82 of Jim Wilson Land, zoned M -1, in the Stonewall Magisterial District, for the construction of a warehouse. ACTION - Approved Mr. Horne gave the background information. Mr. James Wilson came forward and introduced himself to the Commission. Mr. Wilson stated the proposed building is a 30,000 sq. ft. metal building on a 2 1/2 acre lot to be used for storage only. In answer to Mr. Stiles' questions, Mr. Wilson stated that the driveway will have a six to eight inch base on it and the drainage would go to the east of the property rather than toward Red Bud Run. Mr. Stiles moved for approval of the Site Plan and this was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #008 -82 of Jim Wilson, zoned M -1, in the Stonewall Magisterial District, for the construction of a warehouse. 1573 Site Plan #009 -82 of Shockey Realty Company, zoned M -1, in the Stonewall Magisterial District for the construction of a warehouse addition. ACTION - Approved Mr. Horne gave the background material and pointed out the location on a site plan. Mr. Horne stated that the improvements to the site include a 55,000 sq. ft. building, a parking lot, and an additional road surface off Brooke Road called West Brooke Road. Mr. Horne noted that there is also space provided for expansion. Mr. Donald Shockey came forward and introduced himself to the Commission. Mr. Shockey stated that he owns five acres and will be purchasing an additional seven acres. In answer to Mr. Palumbo's question, Mr. Shockey replied that the existing warehouse is being leased to Capital Records. Mr. Shockey stated that the addition will be leased to ACF Industries /Carter Carburetor Company for distribution of auto parts and they will initially employ 20 -30 persons. In answer to Mr. Stiles' question, Mr. Shockey stated that both warehouses will be enclosed in one large building separated by a fire wall. Mr. Romine next moved for approval. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #009 -82 of Shockey Realty Company, zoned M -1, in the Stonewall Magisterial District for a warehouse addition. PUBLIC HEARINGS Conditional Use Permit #010 -82 of Joseph S. and Lynda H. DuBose for a public garage /farm equipment and automotive repair in the Gainesboro Magisterial District. 1574 ACTION - Approved Mr. Horne read the background information. Mr. Joseph DuBose came forward and introduced himself to the Commission. Mr. DuBose stated that he would like to operate on a part time basis with members of his family. Mr. DuBose felt that it was not necessary to install a septic system to serve the garage when his house was next door. Mr. DuBose commented that if the business would expand and he would need to hire more people, he would have no objection to installing a septic system. Mr. Golladay asked if there would be any outside storage of inoperable vehicles and Mr. DuBose replied that he did not intend to have any junk autos around the premises. There next ensued a discussion on whether a commercial entrance was needed on the site. Mr. Horne stated that the relocation of the entrance may be sufficient to accomodate traffic. There being no one present to speak either in favor or opposition to this request, Mr. Myers next moved to approve the application with conditions. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #010 -82 of Joseph S. and Lynda H. DuBose for a public garage /farm equipment and automotive repair in the Gainesboro Magisterial District with the following conditions: 1. That this be a one year permit to be reviewed annually by the staff, Planning Commission, and Board of Supervisors. 2. If the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit shall be required. 3. Entrance must be relocated as shown. 4. outside storage limited to less than five vehicles. 1575 5. Operation limited to applicant and one other employee. Conditional Use Permit #011 -82 of Michael J. and Mary C. Tilock for a Commercial Outdoor Recreation, Athletic Facility /Pleasure Riding Stables in Opequon Magisterial District. ACTION - Approved Mr. Horne gave the background information. Mr. Michael Tilock came forward and introduced himself to the Commission. Mr. Tilock stated that the hours of operation would be from 8:00 a.m. to dusk. Mr. Tilock explained that the 30 horses he owns consist of the horses for hire, three ponies for the pony ring, and his personal horses. To answer Mr. Palumbo's question, Mr Tilock stated that riding could be confined to his own 29 acres of property. There being no one present wishing to speak in favor or opposition to this request, Mr. Golladay moved for approval with conditions. This was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #011 -82 of Michael J. and Mary C. Tilock for a Commercial Outdoor Recreation, Athletic Facility /Pleasure Riding Stables in the Opequon Magisterial District with the following conditions: 1. That this be a one year permit to be reviewed annually by the staff, Planning Comnission, and Board of Supervisors. 2. If the use, occupancy or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit shall be required. Conditional Use Permit #012 -82 of Herbert J. and Janet Pope for a public garage in the Shawnee Magisterial District. ACTION - Denied 1576 Mr. Horne read the background material. Mr. Pope came forward and introduced himself to the Commission. Mr. Pope stated that he plans to do body work, major over- hauls, and everything in that line. In answer to Mr. Stiles' question, Mr. Pope stated that the building is 20' x 24' and is on a 1/2 acre lot. Mr. Stiles next inquired as to how the adjacent land was zoned. Mr. Horne replied that the west side of Rt. 656 is R -3, Residential - General, and the east side of Rt. 656 is A -2, Agricultural- General. In answer to Mr. Palumbo's question, Mr. Pope stated that the adjacent lots are 1/2 acre lots with the closest one being 60' away. Mr. Brumback asked how much noise was involved and Mr. Pope answered that there would be very little noise. Mr. Brumback next asked for anyone wishing to speak in favor or opposition to this request. No one came forward. Mr. Kirk inquired as to how much frontage Mr. Rope had on his road and Mr. Pope replied that he had 85'. Mr. Kirk nomnented that he had visited the site and the driveway was very narrow. Mr. Kirk next asked what the hours of operation would be and whether Mr. Pope planned to close his garage in town. Mr. Pope stated that he would close the operation in town and work full time at his home. Mr. Kirk then moved to deny this request and this was seconded by Mr. DeHaven. The request was then unanimously denied. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Conditional Use Permit #012 -82 of Herbert J. and Janet Pope for a public garage in the Shawnee Magisterial District. 1577 Di scussion of Ordinance Amendment Request from Shenandoah Valley Community Residences, Inc. Mrs. Patricia Stiles came forward and stated that Shenandoah Valley Residences, Inc. is comprised of citizens whose goal is to provide alternative housing opportunities outside of institutions for mentally retarded individuals. Mrs. Stiles then explained the program provided by Shenandoah Valley Residences, Inc. and the requirements for eligibility for residents of a group home. Mrs. Stiles stated that at present, they have only the one facility in Winchester. She explained that they are renting this home and it will soon be put on the market for sale. Mrs. Stiles commented that they would not be able to purchase the home and would be forced to move out. She further commented that they are currently negotiating for a home in an A -2 District, but the current County Zoning Ordinance has no provision for group homes serving physically handicapped, mentally ill, and mentally retarded or other developmentally disable persons. Mrs. Stiles requested that the Commission define "group home" in the ordinance and allow for it in the A -1, A -2, R -1, R -2, R-3, and R -6 districts. She also requested that the definition specify that the residential facility may house 12 or fewer persons. Mr. Myers then moved for the staff to prepare for advertisement an amendment to the ordinance to allow the group homes, with a Conditional Use Permit, for adults only. This was seconded by Mr. DeHaven and was passed by the following vote: YES: Messrs. Romine, DeHaven, Kirk, Brumback, Myers, Stiles, McDonald NO: Messrs. Golladay, Palumbo 1578 Mr. Stiles suggested that the amendment be advertised to allow group homes as a permitted use and then the Commission could decide later whether or not to require a Conditional Use Permit. Mr. Myers then moved to rescind the previous action. This was seconded by Mr. Golladay and passed unanimously. Mr. Myers next moved for the staff to prepare for advertisement an amendment to the ordinance to allow group homes as a permitted use for adults only. This was seconded by Mr. Palumbo and passed unanimously. BE IT RESOLVED, That the Frederick Oz)unty Planning Commission does hereby instruct the staff to prepare for advertisement an amendment to the Frederick County Ordinance to allow group homes for adults as a permitted use in the A -1, A -2, R -1, R -2, R -3, and R -6 zoning districts. DISCUSSION OF REQUEST By FREDERICK COUtM SCHOOL BOARD Mr. Stiles stated that he had received a request from Mr. Hott, Chairman for the Frederick County School Board, regarding requirements and procedures necessary to begin the Kline School conversion. Since the financial guidelines have not yet been set by the Board of Supervisors, Mr. Stiles requested that the Planning Commission submit another memo to the Board before proceeding any further on this matter. Mr. Palumbo suggested that the Capital Improvement Plan Subcommittee meet before the memo is written. Chairman Brumback then referred these requests to the Capital Improvement Plan Subcommittee. 1579 THE COMMISSION RETIRES TO EXECUTIVE SESSION Mr. Horne presented a memorandum to the Commission regarding the Permit Center. Upon motion made by Mr. Golladay, seconded by Mr. Kirk and passed unanimously, the Commission retired to executive session under Section 2 -1.443 to discuss personal matters. THE COMMISSION WITHDRAWS FROM EXECUTIVE SESSION Upon motion made by Mr. Golladay, seconded by Mr. Myers, and passed unanimously, the Commission withdrew from executive session. DISCUSSION OF POTOMAC EDISON COMPANY POWER LINE Mr. Golladay inquired if the power line being laid by Potomac Edison Company will go through any of the agricultural districts in the County and if Potomac Edison would have to come before the Commission before beginning. Mr. Horne stated that the line would go through an agricultural district, and as far as he could interpret the law, they would have to file a notice of intent through the local jurisdiction, which would then go through the Agricultural Advisory Board and then to the Commission. DISCUSSION OF AMOCO EXPANSION Mr. Golladay referred to the AMOCO expansion project and asked if the site plan had been approved for this expansion. Mr. Horne explained that this was a very small addition to the existing building and was approved administratively. DISCUSSION OF DEFINTION FOR "SCHOOLS" IN ZONING ORDINANCE Mr. Gyurisin explained that "schools" are not defined in the definition section of the ordinance. He felt that a definition should 1580 exist because there have been inquiries for different types of schools that may be allowed in an agricultural section of the County. The Commission felt that this definition should be included and Chairman Brumback requested the staff to present a proposal at the next meeting. Upon motion made by Mr. Golladay, seconded by Mr. Kirk and passed unanimously, the Commission adjourned. Respectfully, Frank Brumback,'Chalrman Jon . P. Horne, S4 cretary 1581