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PC_06-17-81_Meeting_MinutesMINUTES OF THE MEETING FREDERICK COUNTY PLANNING COMMISSION 1981. Held in the Board of Supervisors' Meeting Room, June 17, PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; A. L. Myers; James Golladay; Manuel DeHaven; W. French Kirk; Domenic Palumbo ABSENT: Kenneth Stiles; George Romine; Herbert Sluder CALL TO ORDER The Chairman called the meeting to order. The first order of business, consideration of the minutes of June 3, 1981. Mr. Riley noted that on page two, second paragraph should read "... home for the elderly is not to be built at this time." There being no further corrections, Mr. Golladay moved to approve the minutes as corrected. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT only. Chairman Gordon accepted the Bimonthly Report as information SITE PLANS Site Plan Request No. 006 -81 of James Horton zoned B -2, Commercial, in the Back Creek Magisterial District. ACTION - Approved The Secretary gave the background information. Mr. Horton came forward, introduced himself to the Commission and stated that his property is located on Route 11 South. Mr. Horton stated that he wishes to open a farm market with retail items such as indoor and outdoor plants and shrubbery, lawn care products, produce and items such as those handled by convenience stores. 1352 -2- Mr. Horton continued that the building size is fifty by eighty feet with a thirty by eighty foot canopy. In reply to Mr. DeHaven's question, Mr. Horton stated that the road frontage is 450 to 500 feet. Mr. Horton stated that there is one entrance for the proposed farm market and the other entrance goes to his barn. Regarding Mr. Myer's concern for the two entrances presently on this site, Mr. Riley explained that the Highway Department has approved Mr. Horton's entrance to the proposed market and the permit has been issued. Mr. Riley continued that the County Subdivision and Zoning Ordinance does not go into discussion on entrances or distances between them and therefore, technically, the Commission can not regulate entrances under these circumstances. Mr. Horton commented that in the future, he plans to use both driveways in an exit - entrance fashion. In answer to Chairman Gordon's inquiry, Mr. Horton replied that he does anticipate putting more buildings on the site. There being no one present in favor or opposition to this request, Mr. Brumback moved that this site plan request be approved. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby approve Site Plan Request No. 006 -81 of James Horton. Site Plan Request No. 007 -81 of Winchester T. V. Cable, zoned A -2, Agricultural General, in the Opequon Magisterial District. ACTION - Approved The Secretary read the background information. Mr. Riley noted that the equipment is located approximately 350 feet from any adjacent structure. 1353 -3- Mr. Howard Lewis, representative for Winchester T. V. Cable, came forward and introduced himself to the Commission. Mr. Lewis stated that Winchester T. V. Cable wishes to extend cable service to the Fredericktowne area. This would require the installation of a tower, earth terminal (dish) and a thirteen by fifteen foot, maintenance building. In reply to Mr. DeHaven's question, Mr. Lewis stated that the structures are permanent with concrete foundations, but they could be moved. The building, Mr. Lewis continued, is portable and made from pre -cast concrete. Mr. Eds Coleman, counsel for Winchester T. V. Cable, came forward and introduced himself to the Commission. Mr. Coleman explained that Winchester T. V. Cable is in the process of obtaining a lease from the Carbaughs on this site, but as of yet, it has not been executed and is contingent upon the site plan approval by the Planning Commission. Mr. Coleman continued that the lease is keyed in terms of length of time of the existence of the franchise. Winchester T. V. Cable, as tenant, would be entitled to terminate the lease at their option, but the lease itself would continue on throughout the period of the franchise which is fifteen years plus an option to five years. Mr. Coleman stated that if the Carbaughs wish to sell the portion being leased, Winchester T. V. Cable would have first right of refusal of the purchase. Mr. Brumback expressed concern that the lease with the property owner was not signed before the petitioner appeared before the Commission and also that the leasor, or a representative, was not present to express their views. 1354 -4- In reply to Mr. Golladay's inquiry, Mr. Lewis stated that the cable would service the Meadows, Lakeside, Fredericktowne, and the Pines. There being no one in the audience wishing to speak in favor or opposition to this request, Mr. Golladay moved for approval. This was seconded by Mr. Palumbo and the vote was as follows: YES - Messrs. Gordon, Myers, Golladay, DeHaven, Kirk, Palumbo No - Mr. Brumback BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby approve, by a majority vote, Site Plan Request No. 007 -81 of Winchester T. V. Cable. DISCUSSION OF ORDINANCE AMEN REQUEST BY MRS. MICHEL R. GAUDIN Mrs. Michel R. Gaudin came forward and introduced 'herself to the Commission. Mrs. Gaudin stated that she and her husband are the owners of the restaurant "Michel's" on Route 522 North. Mrs. Gaudin explained that they have sold their residence and plan to use the revenue to improve the appearance of the restaurant and the grounds around it. In order to accomplish this, Mrs. Gaudin continued, they would like to build temporary living quarters above the restaurant. The Commission expressed concern as to whether to allow an ordinance change permitting accessory residential uses in a commercial zone and decided that the particulars of this situation should be discussed at the next Worksession. At this point in the meeting, Chairman Gordon relinquished the chair to Vice - Chairman Brumback. 1355 -5- PUBLIC HEARINGS Rezoning Request No. 005 -81 of J. P. Darlington from R -3 to R -6, + 6 acres in the Stonewall Magisterial District. ACTION - Approval The Secretary gave the background information. Mr. Ronald Ward came forward and introduced himself to the Commission and stated that he represented Mr. J. P. Darlington. Mr. Ward explained that this project missed the first distribution of funding but it is possible that there will be recapture funding at the end of August and, at a later date, December and January. Mr. Ward commented that if the funding is not available by this latter date, Mr. Darlington has indicated that the project would probably be dropped and the site would be requested to be converted back to R -3. FHDA has inspected and have expressed approval, especially because of the adjoining shopping center and the rural location. Since Mr. Darlington is in competition with other districts for the recapture funding, Mr. DeHaven commented that it would give Mr. Darlington an edge if he could say he already had the R -6 zoning, rather than he may have it. There next ensued a discussion on whether there was a need for elderly housing in Frederick County and it was determined that there was a need. Mr. Palumbo next questioned whether the use requested could go in under a conditional use permit in an R -3 zone for nursing and convalescent. The reason for this being not opening the wide gamut of all R -6 uses in this zone and therefore, placing the portion of delivery of services on the County for any R -6 use. Mr. Riley stated that to include this type of multi - family request under R -3 would not be permitted. Mr. Roy Flenner came forward and stated that he is a resident of the City and the County abutts his backyard. Mr. Flenner stated 1356 that he approves of the proposal for this location. Mr. Flenner continued that his only concern is that if the project is not approved, he would like to see the zoning converted back to R -3 because R -6 allows for townhouses and he does not want this kind of use adjacent to his property. In answer to Mr. Palumbo's question, Mir. Riley stated that R -6 zoning is appropriate for this situation because the apartments should be considered as multi - family housing. Mr. Riley further explained that even though the units serve only one segment of the population, the apartments are independent living units and are not of the convalescent and nursing home type which provide medical care. Mr. DeHaven next motioned to recommend approval of this rezoning request from R -3 (Single - Family Residential) to R -6 (Multi- Family). This was seconded by Mr. Kirk and the vote was as follows: YES - Messrs. Brumback, Myers, Golladay, DeHaven, Kirk NO - Mr. Palumbo ABSTAIN - Mr. Gordon BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby recommend approval of Rezoning Request No. 005 -81 of J. P. Darlington to the Board of Supervisors. Mr. Gordon resumed the chair at this point in the meeting. Conditional Use Permit No. 010 -81 of Rosella Shade, zoned R -3 (Single- family residential), requesting a conditional use permit for a home for the elderly. ACTION - Approval with conditions The Secretary read the background information. 1357 -7- The petitioner, Ms. Rosella Shade, came forward and introduced herself to the Commission. Ms. Shade expressed concern that she was limited to four patients and stated that she had hoped she could have more. Since the number of patients under care is regulated by the State Health Department, the Commission decided that condition number two should read, "Care limited to number of patients as regulated by the State Health Department ". This would give Ms. Shade and the staff an opportunity to check with the Health Department to determine exactly how many patients Ms. Shade could have. There being no one present wishing to speak in favor or opposition to this request, Mr. Kirk moved to approve this conditional use permit with conditions. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby recommend approval of Conditional Use Permit No. 010 -81 of Rosella Shade to the Board of Supervisors with the following conditions: 1. One year permit to be reviewed and renewed annually by the Staff, Planning Commission and Board of Supervisors. 2. Care limited to number of patients as regulated by the State Health Department. 3. All fire safety and building code requirements must be met. 4. A State license must be approved prior to occupancy and use of the facility. 5. If the use, occupancy or ownership of the building changes, this conditional use permit shall expire and a new conditional use permit will be required. 1358 6. Off street parking shall be required. An ordinance to amend the Frederick County Code, Chapter 21, Zoning, adopted July 12, 1978, to amend Article X, Section 21 -98 (e). ACTION - Tabled The Secretary gave the background information. Mr. Riley stated that elderly residents are not as dependent on private vehicles in comparison with most multi - family cases. The elderly people are more dependent on public transportation and in many cases are restricted as far as an operator's license for private vehicles. Mr. Riley continued to explain that primarily, the parking spaces accomodate visitors and attendant traffic more so than the tenants themselves. This ordinance amendment was proposed in order to make it easier to locate this type of housing near public facilities. In order to allow more time for study on this proposal, Mr. Brumback motioned to table this ordinance amendment for two weeks. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby table this ordinance amendment for two weeks. DISCUSSION OF WESTVACO /CORP. REZONING REQUEST There next ensued a preliminary discussion of the WESTVACO /Corp. Rezoning Request. It was decided that if a site visitation could be arranged, Messrs. Riley, Golladay, and DeHaven would attend. There being no further business to come before the Commission, Mr. Golladay moved for adjournment. This was seconded by Mr. DeHaven and passed unanimously. 1359 -9- Respectfully Submitted, John R. Riley, Secretary 1360