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PC_12-01-82_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Meeting Room on December 1, 1982 PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; M. Domenic Palumbo; A. Lynn Myers; Manuel C. DeHaven; W. French Kirk; George L. Romine; Kenneth Y. Stiles CALL TO ORDER Chairman Brumback called the meeting to order. The first order of business was the consideration of the minutes of November 11, 1982. There being no corrections, Mr. Myers moved for approval of the minutes as presented. This motion was seconded by Mr. Golladay and passed unanimously.* BIMONTHLY The Commission briefly discussed pending applications and the length of time an application could remain listed as pending. Chairman Brumback then accepted the Bimonthly Report as information only. SITE PLANS Site Plan #022 -82 of Bartlett Realty Company, zoned M -1, (Light Industrial) in the Shawnee Magisterial District. ACTION - Approved Mr. Horne gave the background information. Mr. Horne noted that this tract consists of five acres, but only one acre will actually be developed. He stated that the building will be 4,000 square foot with paved parking in front and entrance on Route 728. Mr. Stiles commented that in the M -1 Districts, general office buildings are allowed only if they are secondary to the principle use. Mr. Horne replied that this proposal is primarily for a maintenance and storage facility. *Mr. Stiles was not present for this vote. 1657 -2- Mr. Cecil S. McCumby, Superintendent with F. A. Bartlett Tree Expert Company, came forward and introduced himself to the Commission. Mr. McCumby explained that there will be six pieces of equipment stored in the building. Mr. Romine then moved for approval. This motion was seconded by Mr. Kirk. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve site plan request #022 -82 of Bartlett Realty Company to construct a 4,000 square foot office and maintenance facility with off - street parking in the Shawnee Magisterial District. The above resolution passed unanimously. Vote on the Comprehensive Plan Update Motion was made by Mr. Golladay and seconded by Mr. Romine to adopt the 1982 Comprehensive Plan. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend adoption of the 1982 Comprehensive Plan Update to the Board of Supervisors. The above resolution passed unanimously. Report From the Economic Development Commission Mr. Palumbo announced that the Economic Development Commission has selected Mr. George L. Romine to act as its Economic Development Coordinator. There next ensued a discussion on Industrial Development Bonds, the topic of discussion at a seminar attended by Mr. Romine and Mr. Horne in Richmond, Virginia. 1658 -3- Mr. Romine stated that there will probably be a greater degree of restriction on the issuance of Industrial Development Bonds than in the past. Mr. Horne commented that after January 1, 1983, all bonds will have to be approved by the Board of Supervisors at a public hearing. PUBLIC HEARINGS Rezoning Petition #001 -82 of Jerry Updike and Dewey Gillespie for 4.1705 acres now zoned A -2, (Agricultural - General) to be rezoned MH -1, (Mobile -Home) in the Shawnee Magisterial District. ACTION - Tabled Mr. Horne read the background information. He also stated that the Health Department comments have not yet been received. Mr. Brumback asked for anyone wishing to speak either in favor or opposition to the rezoning. No one came forward. Mr. Stiles moved to table rezoning petition #001 -82 until December 15, 1982, due to the lack of Health Department comments. This motion was seconded by Mr. Palumbo. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table rezoning petition #001 -82 of Jerry Updike and Dewey Gillespie until December 15, 1982, due to lack of Health Department comments. The above resolution passed unanimously. Conditional Use Permit #016 -82 of John H. Wert for a Service Station for gas service only in the Opequon Magisterial District. ACTION - Approved 1659 Mr. Horne read the background material. He further commented that Mr. Wert is concurrently applying for a variance for the placement of a canopy over the gas pumps. Mr. John H. Wert came forward and introduced himself to the Commission. In answer to Chairman Brumback's question, Mr. Wert replied that he will have three self- service pumps with the tanks below ground. The hours of operation will probably be from 6:00 a.m. to 11:00 P.M. Mr. Stiles asked if the operation of the gas pumps was dependent in any way on Health Department approval and Mr. Horne replied that it was not. There being no one from the audience wishing to speak either in favor or opposition to this request, Mr. Golladay moved for approval with conditions. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve conditional use permit #016 -82 of John H. Wert for a service station with gas service only in the Opequon Magisterial District with the following conditions: 1. This be a one year permit to be reviewed annually by the staff, Planning Commission, and the 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 will be required. The above resolution passed unanimously. Conditional Use Permit #017 -82 of Charles H. and Nancy J. Thompson for a Cottage Occupation /Garden Supplies and Rentals in the Gainesboro Magisterial District. ACTION - Approved Mr. Horne read the background information. 1660 -5- Mr. Charles H. Thompson came forward and introduced himself to the Commission. In answer to Chairman Brumback's question, Mr. Thompson stated that the business will be open five to six days a week. He also stated that the business will be for rentals only. There next ensued a discussion on the comments received by the Highway Department. There being no one wishing to speak in favor or opposition to this request, Mr. Myers moved to approve the application with conditions. Mr. Kirk seconded the motion. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve conditional use permit #017 -82 of Charles H. and Nancy J. Thompson for a Cottage Occupation /Garden Supplies and Rentals in the Gainesboro Magisterial District with the following conditions: 1. This be a one year permit to be reviewed annually by the staff, Planning Commission, and the 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 will be required. The above resolution passed unanimously. Discussion of Land Use Taxation Program There next ensued a discussion on materials presented by Mr. Horne on the Land Use Taxation Program. Discussion of Post Offices in Agricultural Zones Mr. Gyurisin stated that he was contacted by the Postal Service concerning allowed uses in Agricultural zones. The Postal Service is considering a site near the existing Cross Junction /Whitacre Post Office. Mr. Gyurisin explained that post 1661 offices are not listed as permitted uses in Agricultural zones, but are permitted only in B -1, B -2, and B -4 zones. Mr. Stiles suggested that an ordinance amendment be advertised for A -1 and A -2 zones. The Commission concurred with this suggestion and instructed the staff to do so. Adjournment There being no further business to discuss, Mr. Golladay moved for adjournment. This motion was seconded by Mr. Stiles and passed unanimously. Respectfully submitted, Vr'ank Brum�ck, Chairman Horne, Secretary 1662