PC_09-16-81_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors Meeting Room, September 16,
1981.
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, vice Chairman;
Kenneth Stiles; W. French Kirk; Manuel DeHaven; Domenic
Palumbo; James Golladay; George Romine; Herbert Sluder.
ABSENT: A. L. Myers
CALL TO ORDER
The Chairman called the meeting to order. The first order of
business, consideration of the minutes of September 2, 1981.
Mr. Golladay noted that on page two the second paragraph
should read "the entrance road will be fully paved with asphalt ".
He also noted a typographical error in the same paragraph.
In reply to Mr. DeHaven's question, Mr. Horne stated that the
Westvaco Site Plan indicated that there would be a total of 14" of
stone on the road, consisting of 21 -A and larger gravel.
Mr. Golladay moved to approve the minutes of September 2 as
corrected. This motion was seconded by Mr. Kirk and passed
unanimously.
BIMONTHLY
In reply to Mr. Golladay's question, Mr. Horne stated that
Stonewall Industrial Park, located on Lenoir Drive, is in the process
of being reviewed by the Highway Department. Mr. Horne commented that
Stonewall Industrial Park is considering an innovative drainage
structure.
The Chairman next accepted the bimonthly report as
information only.
DISCUSSION OF REYNOLDS STORE RECREATIONAL FACILITIES
The Secretary read the statement of intent that the Planning
Commission felt should be included in the objectives section of the
Parks and Recreation policy.
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Mr. Needham Cheeley, Director of Parks and Recreation, was
present to answer any questions. Mr. Cheeley briefly reviewed the
process individuals would follow to develop a park with the use of
impact fees. Mr. Cheeley stated that the Commission would appoint a
committee in each magisterial district, and this committee would first
review any requests. The Committee would consist of six to eight
people to be chaired by their district's representative in the Parks
and Recreation Commission. Mr. Cheeley explained that in this way, the
Parks and Recreation Commission would be involved from the very first
day. The persons who are making the requests must meet a list of
criteria stated on the policy before they can meet with the advisory
commission.
The Commission was concerned that the wording of the policy
did not quite reflect what Mr. Cheeley explained the procedure to be.
Mr. Stiles expressed concern that impact fees could be
requested by any individual and was not limited to registered
non - profit organizations. He felt that if use of impact funds was not
restricted, the County would be obligated to pay a huge sum of money in
maintenance and operating costs in the future. Mr. Stiles felt that a
clause should be included in the policy stating that the County is
under no obligation to pay for maintenance or operation costs.
Mr. Cheeley noted that maintenance projections for each
request will be given to the Board of Supervisors for review before
approval is given.
After much discussion, the Commission suggested some minor
wording changes in the policy, which Mr. Cheeley consented to make.
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Mr. Romine motioned to include the Planning Commission's
statement of intent in the objectives section of the policy as part of
the recommendation to be sent to the Board of Supervisors. This was
seconded by Mr. Kirk and passed unanimously.
Mr. Palumbo next motioned to recommend approval of the policy
to the Board of Supervisors as amended. This was seconded by Mr. Kirk
and passed by the following vote:
YES: Messrs. Palumbo, Golladay, DeHaven, Kirk, Romine,
Gordon, Brumback
NO: Mr. Stiles
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval to the Board of Supervisors of the Parks and
Recreation policy on impact fees with the following corrections:
1. That the wording listed under Objective on page one of
the policy, be replaced by the following wording:
It is the intent of this policy to ensure that those
recreational facilities which use recreation impact funds
are located and utilized in such a manner so as not to
conflict with the stated goals and objectives of the
Comprehensive Plan and /or Recreation Plan. The policy is
designed to ensure that the citizens of the County are
afforded the maximum opportunity to participate in the
decision making process. It is also designed to provide
the Parks and Recreation Commission with a structured,
yet flexible tool to evaluate all proposals for the use
of the impact funds. The final intent of this policy is
to provide for an ordered system to assess the future
needs for recreational facilities in those areas where
the use of impact funds has been requested.
2. That under Policy I. -A, the wording be changed to the
following:
The Impact Fee Committee will review each request for the
use of impact funds and formulate a recommendation to the
Parks and Recreation Commission. The Commission will
review the request and the recommendation of the
Committee and formulate a recommendation to the Board of
Supervisors.
PUBLIC HEARINGS
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Conditional Use Permit No. 013 -81 of Patricia A. Abbott requesting a
home occupation for a beauty shop in the Back Creek Magisterial
Distrist.
ACTION - Approval
The Secretary read the background information.
Mrs. Abbott came forward and introduced herself to the
Commission. In reply to Mr. Golladay's question, Mrs. Abbott stated
that although she has not yet set definite hours for operation, she is
considering Monday through Friday, 10:00 a.m. to 4:00 p.m. and
Saturday, 10:00 a.m. to 3:30 p.m.
To answer Mr. DeHaven's question, Mrs. Abbott stated that she
has neighbors on each side and across the road from her.
In reply to Chairman Gordon's question, Mrs. Abbott noted
that she will have one chair.
There being no one wishing to speak in favor or opposition to
this request, Mr. Romine motioned to approve this conditional use
permit with all the conditions listed under Planning & Development
except number five. This was seconded by Mr. DeHaven and passed
unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval to the Board of Supervisors for conditional
use permit $013 -81 of Patricia A. Abbott requesting a home occupation
for a beauty shop with the following conditions:
1. This be a one year permit to be reviewed 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.
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3. No one except members of the immediate family residing on the
premises shall be employed.
4. On -site parking shall be provided.
Conditional Use Permit No. 014 -81 of William D. & Charlotte A. Payne
requesting a home occupation for a small engine repair in an existing
garage in the Opequon Magisterial District.
ACTION - Approved
The Secretary gave the background information.
Mr. Payne came forward and introduced himself to the Commission.
Mr. Payne stated that he understood the conditions pertaining to this
conditional use permit. He further stated that this will be a full
time job and his hours will be 8:00 a.m. to 5:00 p.m., daily and
possibly a half day on Saturdays.
In reply to Mr. Ro;«ine's question, Mr. Payne noted that he will
repair lawn mowers, small gas engines, and repair and sharpen chainsaw
blades. Mr. Payne also commented that he will have no employees
because he does not intend to put facilities for such in the shop.
To answer the Chairman's question, Mr. Payne commented that his
closest neighbor is Mr. Whetzel, who lives about 150 -200 feet away.
There being no one present in the audience wishing to speak in
favor or in opposition of this request, Mr. Golladay motioned for
approval with conditions. This was seconded by Mr. Stiles and passed
unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of conditional use permit #014 -81 of
William D. & Charlotte A. Payne to the Board of Supervisors with the
following conditions:
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1. This be a one year permit to be reviewed 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. No one except members of the immediate family residing on the
premises shall be employed.
4. On -site parking shall be provided.
5. No outside storage.
6. Daylight hours of operation only.
An Ordinance to amend the Frederick County Code, Chapter 21, Zoning,
adopted, July 12, 1978, to amend Article XI, Section 21 -103 by the
addition of (i) and an ordinance to amend the Frederick County Code,
Chapter 21, Zoning, adopted July 12, 1978, to amend Article XII,
Section 109, by the addition of (k).
There being no one in the audience wishing to speak in favor
or opposition to this request, Mr. Stiles motioned for approval. This
was seconded by Mr. Golladay and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby recommend approval of the amendments to the Frederick County
Zoning Ordinance to the Board of Supervisors as follows:
An Ordinance to amend the Frederick County Code, Chapter 21, Zoning,
adopted July 12, 1978, to amend Article XI, Section 21 -103 by the
addition of (i) as follows:
(i) Accessory residential uses which are within the principal
structure and are to be used solely by the owner and /or operator
of the principal commercial use.
An Ordinance to amend the Frederick County Code, Chapter 21, Zoning,
adopted July 12, 1978, to amend Article XII, Section 109 by the
addition of (k) as follows:
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(k) Accessory residential uses which are within the principal
structure and are to be used solely by the owner and /or operator
of the principal commercial use.
DISCUSSION OF DAVID HOLLIDAY VARIANCE REQUEST
Mr. Horne stated that David Holliday has formally requested
that the Board of Zoning Appeals rescind their previous action at their
next formal meeting. Mr. Horne commented that Mr. Swift will waive the
filing deadline of the Board of Zoning Appeals, since this deadline
would normally be before the next scheduled meeting. The Board of
Supervisors felt that if this action could be taken before the deadline
for filing the Board of Supervisors appeal, the Board would not proceed
with legal action.
DISCUSSION OF REGIONAL WASTE WATER TREATMENT PLANT
Mr. Stiles next informed the Commission that there will be a
joint meeting with the Board of Supervisors and the
Winchester - Frederick Service Authority on September 23rd, to discuss
the status of the regional sewage treatment plant. Mr. Stiles
suggested that the Commission may want to attend as interested
observers.
Mr. Golladay stated that previously the Comprehensive Plan
Update Subcommittee was under the assumption that the plant would be built,
but not within the next five years. Mr. Solladay further noted that a plant
has not been accounted for in the current update of the Comprehensive Plan.
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at the present time, he does not know how big the plant will be, where
it will be located, or what it will encompass.
Chairman Gordon commented that the situation may cause the
Commission to reconsider the Comprehensive Plan prior to five years.
Mr. Samuel Lehman, President of the Frederick County Tax
Payer's Association, felt that the plan for the regional sewage plant
has drastically overestimated the population of the service area.
The Commission was extremely concerned about this situation
and generally agreed to get more information on the sewage plant so
that the members could participate in the decision on the plant. The
Commission decidea to attend the Board of Supervisors meeting and to
present a letter to the Board of Supervisors to express their
concerns.
CIP & CPU MEETING
Mr. Horne announced a joint meeting of the Capital
Improvements Plan Subcommittee and the Comprehensive Plan Update
Subcommittee to be held on Friday, September 18, from 10:30 to 12:00
noon.
NOTE OF APPRECIATION FROM JOHN R. RILEY
Mr. Horne next read a note of appreciation from John R. Riley
expressing his thanks to the Commission.
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Mr. Golladay motioned to incorporate the note in the minutes.
This was seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby incorporate the letter of appreciation from John R. Riley into
the minutes as follows:
Gentlemen,
I would like to thank each and everyone of you for the dinner
and resolution. You will never know how much it meant to me. You can
be assured that the resolution will hang on my wall in my new office
with a special place of honor.
You gentlemen have done so much for Frederick County and
believe me, it does not go unnoticed.
Keep up the excellent work.
I hope to keep in touch with you
all often.
Thanks again
John
There being no further business to discuss, Mr. Golladay
moved to adjourn. This motion was seconded by Mr. Stiles and passed
unanimously.
Respectfully Submitted,
John T. P. Horne, Secretary
C. Lan on Gordon, Chairman
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