HomeMy WebLinkAboutPC_12-07-83_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' meeting room on December 7, 1963.
PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman;
Carl M. McDonald; A. Lynn Myers; Manuel C. DeHaven;
W. French Kirk; George L. Romine; Kenneth Y. Stiles;
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 November 2, 1983. Upon motion made by Mr. Myers, seconded
by Mr. Kirk, and passed unanimously, the minutes were approved as
presented.
MONTHLY AND BIMONTHLY REPORTS
Mr. Horne said that Mr. Yusuf Ali has not responded to a
letter sent to him by the Planning Department on his wish to proceed
with his conditional use permit application. Mr. Horne stated that the
November 30th deadline for Mr. Ali has passed and he will be notified
that his conditional use permit application has been cancelled.
Mr. Gyurisin reviewed a pending Board of Zoning Appeals'
application with the Commission.
SUBDIVISIONS
Broad Avenue Subdivision by David Holiday for three lots zoned
Residential Performance in the Shawnee Magisterial District.
ACTION - Approved
Mr. Horne gave the background information.
Mr. David Holiday came forward and introduced himself to the
Commission.
1827
-2-
There being no objections to this subdivision, Mr. Kirk moved
for approval. This motion was seconded by Mr. Romine and passed
unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the Broad Avenue Subdivision by David Holiday for three
lots, zoned Residential Performance, in the Shawnee Magisterial
District.
DISCUSSION ON ZONING ORDINANCE AMENDMENTS
Mr. Horne explained that the first amendment proposed is to
increase the fee for an administrative appeal to the Board of Zoning
Appeals. This increase would bring that fee in line with the Board of
Zoning Appeals' normal variance fee. The second amendment deals with
the maximum fine for persons found guilty of ordinance violations. Mr.
Horne stated that the Commonwealth Attorney has suggested that the fine
be increased from $250 /day to $1,000 /day.
The Commission generally agreed that the staff should proceed
with the advertising of these amendments; however, the Commission
members requested that the Board of Zoning Appeals and the Commonwealth
Attorney submit a formal letter of request to the Planning Commission
at the public hearing for these amendments.
COMMITTEE REPORTS
Reports were given by Mr. Kirk on the latest meeting of the
Sanitation Authority; by Mr. Romine on Economic Development Commission
activities; and Mr. Brumback on the Rural Ordinance Subcommittee.
1328
-3-
PUBLIC HEARINGS
Conditional Use Permit #011 -83 of Roy R. and Patricia G. Beatty for a
Public Garage /Body Shop in the Opequon Magisterial District.
ACTION - Approved
Mr. Horne read the background material.
Mr. Roy Beatty, applicant, came forward and introduced himself
to the Commission. Mr. Beatty stated that he has talked with his
neighbors and they have no objections to this use.
Mr. McDonald asked Mr. Beatty if he had a place to store the
vehicles inside. Mr. Beatty replied that he has a garage to store two
or three vehicles at a time. Mr. Beatty explained that he buys two or
three new 83 -84 wrecked cars, he repairs them, and then sells to local
dealers.
There was no one present wishing to speak in opposition to
this conditional use permit.
(Mr. Stiles arrived at this point of the meeting.)
Mr. Golladay moved to approve this conditional use permit with
the two conditions listed by the staff and with the additional
condition of, "No one except members of the immediate family residing
on the premises shall be employed." This motion was seconded by Mr.
DeHaven and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve conditional use permit #011 -83 of Roy R. and Patricia G.
Beatty for a Public Garage /Body Shop in the Opequon 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 the Board of Supervisors.
2. If the use, occupancy, or ownership of the property changes, this
conditional use permit will expire and a new conditional use permit
will be required.
3. No one except members of the immediate family residing on the
premises shall be employed.
1829
-4-
Amended Conditional Use Permit #021 -79 of Ralph W. Poe for the sale of
recreational vehicles and travel trailers at the Candy Hill Campground
in the Back Creek District.
ACTION - Approved
Mr. Horne stated that the Board of Supervisors referred this
conditional use permit back to the Planning Commission for further
consideration. He explained that the Board of Supervisors requested
that the Planning Commission state specifically the types of vehicles
that Mr. Poe is permitted to have for sale on his property. Mr. Horne
said that he had met with Mr. Poe after the Board meeting and Mr. Poe
stated that the vehicles he wished to sell are motor homes, travel
trailers, pop -up trailers, and van conversions (mini -motor homes). Mr.
Horne said that a second concern of the Board of Supervisors was the
existing conditions to Mr. Poe's campground.
Lawrence Ambrogi, Commonwealth's Attorney, stated that the
Planning Commission or the Board of Supervisors does not have the
ability to add or change any existing conditions to Mr. Poe's permit
unless they feel those conditions are directly tied to the new request.
Mr. Ambrogi added that the conditions on that existing permit did not
include an annual review and renew.
Mr. Ralph Poe, applicant, came forward and stated that he had
no problem limiting his sales to only those vehicles mentioned by Mr.
Horne.
There was no one present wishing to speak in opposition to
this permit.
Mr. Stiles moved to recommend approval of Item II. Vehicle
Sales Conditions as an amendment to Mr. Poe's conditional use permit.
1830
-5-
Mr. Stiles read the three conditions for the vehicle sales.
This motion was seconded by Mr. Romine.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend item number II. Vehicle Sales Conditions as an
amendment to Mr. Poe's conditional use permit as follows:
II. Vehicle Sales Conditions
1. Vehicles for sale on the property shall include only motor homes,
travel trailers, pop -up trailers, and van conversions (mini -motor
homes).
2. The total number of vehicles for sale on the property is limited to
six (6) at any one time.
3. This section of Conditional Use Permit #021 -79 entitled,
II. Vehicle Sales Conditions is subject to annual review and
renewal by the staff, Planning Commission, and the Board of
Supervisors.
The majority vote approving this resolution was as follows:
YES: Messrs. McDonald, Stiles, Myers, Brumback, Golladay,
Kirk, DeHaven, Romine
NO: Mrs. Copenhaver
With regard to the Board of Supervisors' second concern on the
interpretation of the existing conditions on the permit, the Commission
recommended that those conditions remain the same and be entitled,
I. Campground Conditions.
Rezoning Request #017 -83 of Ervin D. Nates to rezone 18,068 square feet
from A -1 (Agricultural, Limited) to B -2 (Business, General) in the
Gainesboro Magisterial District.
ACTION - Tabled
Mr. Horne noted that there was no representative for this
application present.
There was one person present wishing to speak in regard to the
application and her name was Armilda McNeil Lamp.
1831
Due to the lack of representation, Mr. DeHaven moved to table
this rezoning application until the meeting of December 21. This
motion was seconded by Mr. Romine and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table Rezoning Request #017 -83 of Ervin D. Nates until the
meeting of December 21, 1983 due to lack of representation.
FORMATION OF THE RURAL COMMUNITY CENTERS SUBCOMMITTEE
Chairman Brumback stated that the Rural Ordinance Subcommittee
has endorsed the formation of the Rural Community Centers Subcommittee.
Chairman Brumback requested that Mr. Golladay head this committee and
also asked that Mr. DeHaven, Mr. Romine, and Mrs. Copenhaver serve on
that committee. These people agreed to serve.
The staff discussed some large maps they had prepared showing
the types of data that had been collected concerning the Gainesboro
Community Center. Mr. Horne stated that the staff hopes to produce
this same type information for each community center. Chairman
Brumback requested that the Rural Community Center Subcommittee review
this material.
TRANSPORTATION COMMITTEE ITEMS
Mr. Gyurisin, Secretary of the Transportation Committee,
stated that this committee recently met and acted upon two
transportation items. The committee approved the 1985 Functional
Classification System for Frederick County. The second item approved
by the committee was a special Virginia Department of Highways and
Transportation permit to allow Roadway Express, Inc. to utilize 0.8
miles of Route 50 East and Route 522 South to the existing Roadway
1832
-7-
terminal on Route 522 South for the use of twin trailers or double wide
trailers. Mr. Gyurisin pointed out that after the Transportation
Committee had met, the staff discovered that the Highway Department had
already approved this road for use by 102" wide and twin trailers. Mr.
Gyurisin said that the only action needed by the Planning Commission
would be on the 1985 Functional Road Classification System.
Mr. Golladay moved to approve the Virginia Department of
Highways and Transportation 1985 Functional Road Classification System
for Frederick County. This motion was seconded by Mr. Romine and
passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the Virginia Department of Highways and Transportation
1985 Functional Road Classification System for Frederick County.
ANNUAL REVIEW OF CONDITIONAL USE PERMITS
The staff presented a list of conditional use permits that
have been approved and require annual review and renewal. Mr. Gyurisin
stated that the staff is beginning their annual review of conditional
use permits and asked that the commissioners review the list and
present any comments at the next Planning Commission meeting.
ADJOURNMENT
There being no further business to discuss, the meeting
adjourned.
Respectfully submitted,
1833