Loading...
HomeMy WebLinkAboutPC_03-02-83_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on March 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 February 2, 1983. There being no corrections, Mr. Myers moved for approval of the minutes as presented. This was seconded by Mr. Kirk and passed unanimously.* The next order of business was the consideration of the minutes of February 16, 1983. There being no corrections, Mr. Golladay moved for approval of the minutes as presented. This was seconded by Mr. Kirk and passed unanimously.* BIMONTHLY REPORT Mr. Horne noted that the Interstate Properties Subdivision was approved by the Board of Supervisors. Mr. Horne stated that the Deed of Dedication, which obligates the property owners for the retention basin maintenance, was approved by the Commonwealth Attorney. Mr. Horne said that Frederick County has no obligations regarding the maintenance of the retention basin. However, if the property owners fail to do the upkeep, Frederick County has the option to perform the maintenance or cause the maintenance to be performed and the property owners will be liable to the County for such maintenance. Mr. DeHaven inquired about the site plan administratively approved for Orpha G. Martin. Mr. Horne replied that this use was for 220 Seafood and they wanted to add a minor addition to the front of the restaurant. Chairman Brumback asked Mr. Horne if he had received any contact from Mr. Zieger on his pending rezoning application. Mr. Horne stated that although no progress has been made on the application, Mr. Zeiger wishes his attorney to continue to carry on the application. The Commission instructed Mr. Horne to contact the Commonwealth Attorney on the legality of sending Mr. Zieger a letter terminating his rezoning application if no progress is made by June 1, 1983. * Mr. Stiles was not present for this vote. 1696 -2- Discussion of the Annual Conditional Use Permit Review Mr. Gyurisin presented a list of conditional use permits for the annual permit review. Mr. Gyurisin noted that this list will be advertised for public hearing on April 6, 1983. There next ensued a discussion of several of the items listed on the annual review. PUBLIC HEARINGS Rezoning Petition #003 -83 of Earl M. Nicholson to rezone 1.00 acre from A -2 (Agricultural, General) to B -2 (Business, General) for a used car lot. ACTION - Denied Mr. Horne read the background material. Mr. Sluder, Sanitarian, stated that there is a drainfield on the property; therefore, the Health Department has no objection to this application. Mr. Earl Nicholson came forward and introduced himself to the Commission. Mr. Stiles asked Mr. Nicholson if he intended to make this a full time business. Mr. Nicholson replied that this depended on how well the cars sold. If the business was not profitable, he would not continue with it. Mr. McDonald asked Mr. Nicholson if he would start another business here if the used car lot did not work out and Mr. Nicholson replied that he had no plans to do that. Mr. DeHaven asked Mr. Nicholson if he considered placing the car lot on the east side of his home instead of the west side, considering the residences located on the west side. Mr. Nicholson replied that he could place the lot there, but he would have to reapply with the Health Department and also resurvey. 1697 -3- Chairman Brumback asked for anyone wishing to speak in favor or opposition. Mr. Peter Buchbauer, attorney representing Mr. and Mrs. Dirk Gleysteen, came forward to speak in opposition of the rezoning. Mr. Buchbauer requested that the Commission deny the request because it was an example spot zoning, it would be a violation of the Comprehensive Plan for the area, the use would not be similar to those uses currently in the area, and the use would detract from the value of the property. Mr. Lester Shickle next came forward. He stated that he was a property owner on the north side of Route 671, across from Mr. Nicholson. Mr. Shickle was not opposed to Mr. Nicholson selling cars, but he was opposed to the rezoning of the property. He was concerned that an undesirable business would be established there if Mr. Nicholson's car lot did not work out. Mr. Shickle felt Mr. Nicholson should put the car lot on the east side of his home, away from the residences. Mr. Dick Shickle next came forward to speak in opposition to the rezoning. Mr. Dick Shickle stated that he lived across from the land in question and was opposed for all the same reasons stated by the other adjoining property owners. Mr. Stiles asked Mr. Buchbauer if the Gleysteens currently lived on their property. Mr. Buchbauer stated that the property is currently on the market for sale. Upon motion by Mr. Myers, seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny rezoning request #003 -83 of Earl M. Nicholson to rezone 1.00 acre from A -2 (Agricultural, General) to B -2 (Business, General) in the Gainesboro Magisterial District for a used car lot. -4- The above resolution passed by unanimous vote. An ordinance to amend the Frederick Code, Chapter 21, Zoning, by the addition of Article I, Section 21 -1, Ambulance Service. ACTION - Approved Upon - motion made by Mr. Stiles, seconded by Mr. McDonald, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, by the addition of Article I, Section 21 -1, Ambulance Service, as follows: Ambulance Service - A state licensed community based business, whether or not for profit, for operating privately or publicly owned motor vehicles that are specially designed, constructed, or modified and equipped and used to provide immediate medical care or to transport persons who are sick, injured, wounded, or otherwise incapacitated or helpless. The above resolution passed unanimously. An ordinance to amend the Frederick County Code, Chapter 21, Zoning, by the addition of Article IV, Section 21 -26, (x), (25). ACTION - Approved Chairman Brumback called for anyone wishing to speak in favor or opposition to the amendment. Mr. Michael Hockman, part owner of F & F Ambulance Service, came forward and spoke in favor of the amendment. Mr. Howard Sharp, adjoining property owner, came forward and spoke in opposition to the amendment. He felt a business should not be located in an agricultural district and adjacent to residences. Upon motion made by Mr. Stiles, seconded by Mr. Kirk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve an ordinance to amend the Frederick County Code, Chapter 21, Zoning, by the addition of Article IV, Section 21 -26, (x), (25) as follows: Ambulance Service, as defined. 1699 -5- The above resolution passed by the following majority vote: YES: Messrs. McDonald, Palumbo, Stiles, Brumback, Golladay, DeHaven NO: Messrs. Kirk, Myers Annual Report of the Winchester /Frederick County Economic Development Commission Mr. M. Domenic Palumbo, Chairman of the Winchester /Frederick County Economic Development Commission, presented the Annual Report of the Economic Development Commission. Mr. Palumbo discussed the Commission's activities during 1982 and the Commission's goals and proposed activities for 1983. Mr. Palumbo then answered questions from the Planning Commission on the Economic Development Commission's budget and general activities. Discussion of Utility Extensions by Potomac Edison Mr. Horne stated that the new proposed route for the 138kV Bartonville Tap between the Meadowbrook Substation and the Bartonville Substation will follow the existing rail right -of -way and will no longer cut across any section of the South Frederick Agricultural District. There next ensued a brief discussion on ways to control the location of public utilities throughout the County. Preliminary Discussion of Status of Six Year Plan Mr. Horne presented a list of the major projects and resurfacing projects included in the current Six Year Plan. Mr. Horne explained that the Commission has the option of changing the priorities on the list, but does not have the option of adding more projects. He 1700 said that members of the Virginia Department of Highways and Transportation will be available at the meeting of March 16 to discuss any changes. 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, z�_� �k Brum c , C ;P, f�- "-� J T. P. Horne, Secretary 1701