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HomeMy WebLinkAboutPC_11-02-83_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on November 2, 1983. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; George L. Romine; W. French Kirk; A. Lynn Myers; Manuel C. DeHaven; Kenneth Y. Stiles; Carl M. McDonald; Marjorie H. Copenhaver; John T. P. Horne, advisory; Stephen M. Gyurisin, advisory 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 October 19, 1983. Mr. Horne noted that the date on the first line of the minutes should be October 19, 1983, not October 21, 1983. Motion was made by Mr. Golladay, seconded by Mr. Romine, and passed unanimously to approve the minutes as amended. BIMONTHLY REPORT Mr. Horne stated that the Board of Zoning Appeals acted in favor of the Zoning Administrator's decision regarding the Bernard J. Fisher appeal. Mr. Horne added that he has not been able to contact Mr. Yusuf Ali to determine if he wished to continue with his public hearing at the Board of Supervisors for his proposed campground. As a result, Mr. Ali's conditional use permit had not been advertised for the November 9, 1983 Board meeting. The Commission requested that Mr. Horne send a letter to Mr. Ali to determine whether Mr. Ali wished to continue with his application or withdraw. SITE PLANS Site Plan #017 -83 of Louis H. Foltz for the construction of a 12,000 square feet maintenance facility and required parking on the south side of Route 50 East, approximately .6 mile east of Route 81, in the Shawnee Magisterial District. ACTION - Approved Mr. Horne gave the background information. 1820 -2- Mr. Louis H. Foltz came forward and introduced himself to the Commission. Mr. Foltz told the Commission that he has run out of space and must store freight outside. Mr. Foltz stated that this building will be used to house the maintenance operations and some loading dock area. Mr. Kirk asked Mr. Foltz how many trucks he operated. Mr. Foltz replied that he had nine tractors, twelve trailers, ten 20' straight trucks, and twelve econo -line vans. Mr. Kirk moved for approval of the site plan and this motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #017 -83 of Louis H. Foltz for the construction of a 12,000 square feet maintenance facility and required parking in the Shawnee Magisterial District. The above resolution was unanimously approved. QUARTERLY REPORT ON DEPARTMENT ACTIVITIES Mr. Horne reviewed the Quarterly Report on Planning Department activities with the Commission. Mr. Horne noted that the department is currently working on the recodification of the zoning ordinance, along with the entire Frederick County Code, for readoption in January by the Board of Supervisors. Mr. Horne added that the staff is researching the possibility of purchasing a micro- computer to be used within the Permit Center. Mr. Romine gave the Commission an update on the activities of the Economic Development Commission. He noted that the Commission is requesting that some of the industries in the area use their word processors or computers to store information for the Economic 1821 -3- Development Commission's sales manual. Mr. - Romine stated that the industries will do this work free of charge. Mr. Kirk gave the Commission an ,update on the activities of the Sanitation Authority. Mr. Kirk stated that the Authority had made a projection for this year on new home connections and to date they are meeting their projections for water hook -ups. He also noted that Easy Living Mobile Home Park has been approved for water hook -up and these should be received within the next 30 days. Mr. Stiles arrived at this point of the meeting. APPOINTMENT TO THE CAPITAL IMPROVEMENTS PROGRAM SUBCOMMITTEE Chairman Brumback appointed Mrs. Marjorie H. Copenhaver to serve on the Capital Improvements Subcommittee. PUBLIC HEARINGS Amended Conditional Use Permit #021 -79 of Ralph W. Poe for the sale of travel trailers and recreational vehicles at the Candy Hill Campground. ACTION - Approved Mr. Horne read the background material. Mr. Ralph W. Poe, owner of Candy Hill Campground, came forward and introduced himself to the Commission. In answer to Mr. Stiles' question, Mr. Horne said that Mr. Poe would be allowed to have a maximum of six travel trailers and /or recreational vehicles on the site at any one time. Mr. Horne then read the list of conditions currently on Mr. Poe's conditional use permit. Mr. Stiles asked Mr. Poe if he was in compliance with all these conditions and Mr. Poe replied that he was. 1322 -4- Chairman Brumback called for anyone wishing to speak in favor or opposition to this request. Mr. Horne stated that he received a telephone call from Mrs. Armetha Wolford who was in opposition to this amendment. Mr. Horne stated that she felt this use would add to the traffic on Ward Avenue and that the uses presently allowed on the conditional use permit were sufficient to run the campground. Mrs. Wolford also felt that some violations of the existing conditions were being violated. Mr. Cecil Gray, who lives on Ward Avenue, came forward to speak in opposition. Mr. Gray felt there was a lot of traffic already generated by the campground and he did not want to see any additional traffic added to Ward Avenue. Mr. Gray felt that violations of the present conditions have taken place. Mr. James B. Finan, who lives in Merriman's Estates, came forward and introduced himself to the Commission. Mr. Finan said that he was against Mr. Poe's previous request for rezoning and he was upset that Mr. Poe was again reappearing before the Commission for an amendment to his existing conditional use permit to sell recreational vehicles. Mrs. Copenhaver commented that she notices the same vehicles parked at the campground for several weeks at a time. Mr. Poe stated that some of his customers store their travel trailers at the campground and drive their automobiles to the campground on weekends. Mrs. Copenhaver asked Mr. Poe how he would dispose of a trade -in automobile, truck, or van that he might receive. Mrs. Copenhaver pointed out that he would not be permitted to have any of these vehicles on his lot. Mr. Poe said he thought he would be allowed 1823 -5- to sell trade -in automobiles on his lot; but if this is not allowed under his amended conditional use permit, he has no problem with disposing them at an auction or some other way. Mrs. Copenhaver moved to deny the amendment to Conditional Use Permit #021 -79. This motion was seconded by Mr. McDonald. This motion was lost due to the following vote: YES: Mrs. Copenhaver, and Messrs. McDonald, Brumback NO: Mr. Stiles, Myers, Golladay, DeHaven, Kirk, Romine Motion was next made by Mr. DeHaven to approve the amendment to Conditional Use Permit #021 -79. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County P hereby approve the amendment to Conditional W. Poe to allow the sale of travel trailers the Candy Hill Campground in the Back Creek total trailers and /or recreational vehicles limited to six (6) at any one time. lanning Commission does Use Permit #021 -79 of Ralph or recreational vehicles at Magisterial District. The for sale on the site is The vote for this resolution was as follows: YES: Messrs. Romine, DeHaven, Kirk, Golladay, Myers, Stiles NO: Mrs. Copenhaver and Messrs. McDonald, Brumback Conditional Use Permit #010 -83 of Talbert F. DeHaven, Jr. for a Cottage Occupation /Gun Shop in the Gainesboro Magisterial District. ACTION - Approved Mr. Manuel C. DeHaven, member of the Planning Commission, stated that although he has a brother by the same name as the applicant, he is in no way related to the applicant. Mr. Talbert F. DeHaven, Jr., applicant, came forward and introduced himself to the Commission. Mr. DeHaven stated that guns are his hobby and he would like to buy and sell new and used guns. He said 1824 that he and his wife will run the shop. The hours will be 5:00 - 9:00 p.m. daily and by appointment only on Sunday. He added that there will be no firing of guns on the premises. Chairman Brumback called for anyone wishing to speak in favor or opposition to the permit. Mr. Zeiger Bishop came forward and introduced himself, to the Commission. Mr. Bishop did not want firing of guns on the premises. Mr. Bishop felt that if Mr. DeHaven operated his shop during the hours he mentioned, he would have no problem with the shop. Mr. Hugh Price, adjoining property owner, came forward. Mr. Price stated that he approved of the gun shop. Mr. Stiles moved that three more conditions be added to the permit, as follows: 3) On -site parking is required. 4) Hours of operation shall be from 5:00 p.m. to 9:00 p.m., Monday through Saturday, and by "appointment only" on Sundays. 5) No firing of guns on the premises. This motion was seconded by Mr. Myers and passed unanimously. Mr. Myers moved to approve the conditional use permit with the all conditions discussed. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Conditional Use Permit #010 -83 of Talbert F. DeHaven, Jr. for a Cottage Occupation /Gun Shop in the Gainesboro Magisterial District with the following conditions: 1) This is a one year permit to be reviewed and renewed 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 will be required. 3) On -site parking is required. 1825 -7- 4) Hours of operation shall be 5:00 p.m. to 9:00 p.m., Monday through Saturday, and by "appointment only" on Sundays. 5) No firing of guns on the premises. ADJOURNMENT There being no further business to discuss, Mr. Golladay moved to adjourn. This motion was seconded by Mr. Stiles and passed unanimously. Respectfully submitted, F ` �� T � c�c C a i rank Br umba , rman 7A / 4,4, oh T. P. Horne, Secretary 1826