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HomeMy WebLinkAboutPC_02-02-83_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on February 2, 1983. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; Kenneth Y. Stiles; A. Lynn Myers; Manuel C. DeHaven; W. French Kirk; M. Domenic Palumbo ABSENT: George L. Romine CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. The first order of business was the consideration of the minutes of January 19, 1983. There being no corrections, Mr. Myers moved for approval of the minutes as presented. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT approved. Mr. Golladay asked for a review of Site Plans administratively Mr. Horne explained that Shirley Meade is building with a slightly different plan than the Planning Commission approved. She will now convert part of the existing nonconforming gift shop into the restaurant with a minor addition of a small kitchen and a bathroom. Mr. Gyurisin explained that the Shockey Site Plan is to move an existing storage building from its present location to behind the large fabricating plant. Regarding the recent Conditional Use Permit for Dwayne Hockman, Mr. Stiles stated that Mr. Hockman withdrew his application at the suggestion of Mr. Smith, Board member, and he is now petitioning for an ordinance amendment to allow ambulance services in A -1 and A -2 Districts with a Conditional Use Permit. There next ensued a brief discussion on the Conditional Use Permit of Jacob Puffenberger which was tabled at the last Board of Supervisors meeting. Mr. Horne next reviewed several State Legislative Bills that have been proposed. One bill proposed is to increase the length. of time of role back taxes on land use taxation from five years to twelve years. The other bill proposes that the Comprehensive Plan be taken into account when drafting zoning ordinances. 1685 Page 2 Mr. Gyurisin explained that another bill is proposed to clarify the Code section regarding the Board of Zoning Appeals. He stated that this bill would require the Board of Zoning Appeals to act on varying lot size and lot dimensions rather than varying uses. PUBLIC HEARINGS Rezoning Request #001 -83 of Matthew J., Jr. and Betty V. Chicklo to rezone one acre now zoned B -2 (Business, General) to 3-3 (Business, Transition) in the Back Creek Magisterial District. ACTION - Approved Mr. Horne read the background information. At Chairman Brumback's request, Mr. Horne reviewed the difference between a B -3 (Business, Transition) zone and a B -2 (Business, General) zone. Mr. Matthew Chicklo came forward and introduced himself to the Commission. Mr. Palumbo asked Mr. Chicklo how many cars a day he generally repaired. Mr. Chicklo replied 10 to 20 on the average. Mr. Palumbo next inquired if Mr. Chicklo salvaged cars. Mr. Chicklo replied that if an engine is used, the rest of the auto is hauled away immediately. Mr. Palumbo asked Mr. Chicklo what type screening he proposed. Mr. Chicklo stated that he is thinking about using a chainlink fence with interwoven plastic and barbwire on the top. In answer to Mr. Palumbo's question, Mr. Chicklo stated that a "Destroilet" is a separate unit from the septic system that works off gas by incineration. Mr. Chicklo stated that little water is needed. M[:f Iy Page 3 In answer to Chairman Brumback's question, Mr. Chicklo stated that he has three employees besides himself. Chairman Brumback asked what percentage of the business was retail and Mrs. Chicklo replied that 308 of the business was retail. Chairman Brumback next asked for anyone wishing to speak either in favor or opposition to this request. Mr. Aubrey Waters came forward. He stated that his property adjoined the rear of the property in question. Mr. Waters had no objection to the business, but he was concerned about the excess water in the Kernstown area. He felt land in the Kernstown area could not handle another drainfield. Because the Destroilet did not require a drainfield, Mr. Waters had no objection. Mr. Palumbo next moved for approval and this was seconded by Mr. Stiles. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Rezoning Request #001 -83 of Matthew J., Jr. and Betty V. Chicklo to rezone one acre in the Back Creek Magisterial District from B -2 (Business, General) to B -3 (Business, Transition). The above resolution passed unanimously. Rezoning Request #002 -83 of J & P Properties, Inc. to rezone 15.812 acres from B -2 (Business, General) to M -2 (Industrial, General) in the Shawnee Magisterial District. ACTION - Tabled Since the Health Department comments had not yet been submitted, Mr. Stiles moved to table this request until the next meeting. This motion was seconded by Mr. DeHaven. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Rezoning Request #002 -83 of J & P Properties, Inc. until the next scheduled meeting due to lack of Health Department comments. The above resolution passed unanimously. 1687 Page 4 DISCUSSION OF ORDINANCE AMENDMENT The Commission next discussed a proposed ordinance amendment allowing post offices in Agricultural Districts. Mr. Horne noted that this amendment is advertised for Public Hearing on February 16.' DISCUSSION OF CUT -OFF DATE DEADLINE FOR APPLICATIONS SUBMITTED Mr. Horne suggested that the cut -off date for submission of applications be changed. He said that the Health Department is requiring more time to submit their comments due to the new health regulations and, as a result, the comments are not ready in time for public hearing. The Commission felt it may be helpful to inform applicants in advance what is required for their application regarding the various agencies and the time periods involved. Mr. Golladay asked if public comment should be heard if all agency comments have not been submitted. Members of the Commission felt that if the application was advertised for public hearing on that date, the Comission is obligated to hear public comment. DISCUSSION OF PROPERTY OWNER'S SIGNATURE ON ALL APPLICATIONS Mr. Stiles suggested that all applications submitted be signed by the owner of the property. If the applicant is not the owner of the property, he must get the owner to sign the application thus indicating the owner's approval. M.", Page 5 The Commission concurred with this suggestion and the staff agreed to amend the application form. ADJOURNMENT There being no further items to discuss, the Commission adjourned. Respectfully submitted, ra r umback, Chair Q ,, e � � T do,, , n T. P. Horne, Secretary 1.