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PC_11-18-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors meeting room, November 18, 1981. PRESENT: Frank Brumback, Vice - Chairman; James Golladay; Kenneth Stiles; W. French Kirk; Manuel DeHaven; Domenic Palumbo; A. L. Myers; Carl McDonald; Herbert Sluder. ABSENT: George Romine ELECTION OF OFFICERS ACTION - Elect Frank Brumback, Chairman The nomination of Frank Brumback was made by Mr. Stiles, seconded by James Golladay, and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby duly elect Frank Brumback as Chairman of the Planning Commission of said County for the remainder of 1981. The motion was passed by the following vote: YES - Messrs. Golladay, Stiles, Kirk, DeHaven, Palumbo, Myers, McDonald ABSTAIN - Mr. Brumback ACTION - Elect James Golladay, Vice Chairman The nomination of James Golladay was made by Manuel DeHaven, seconded by W. French Kirk, and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby duly elect James Golladay as Vice - Chairman of the Planning Commission of said County for the remainder of 1981. The motion was passed by the following vote: YES - Messrs. Brumback, Stiles, Kirk, DeHaven, Palumbo, Myers, McDonald ABSTAIN - Mr. Golladay The next order of business, consideration of the minutes of October 21, 1981. Mr. Myers noted that on page four, third line, the words "square foot" should be eliminated. 1450 -2- Mr. Golladay next motioned to approve the minutes of October 21, 1981, as corrected. This was seconded by Mr. Stiles and passed unanimously. The next order of business, the consideration of the minutes of the October 27, 1981, worksession. Mr. Myers motioned to approve the worksession minutes of October 27, 1981 and this was seconded by Mr. Kirk and passed by the following vote: YES - Messrs. Brumback, Kirk, DeHaven, Palumbo, Myers, McDonald, Golladay ABSTAIN - Mr. Stiles NEW MEMBERS OF PLANNING COMMISSION AND STAFF Chairman Brumback welcomed Mr. Carl McDonald, Citizen at Large, as a new member of the Commission. Mr. Horne next introduced Mr. Stephen M. Gyurisin as the new Deputy Director of the Department of Planning and Development. BIMONTHLY Chairman Brumback accepted the Bimonthly Report as information only. REPORT OF THE COMPREHENSIVE PLAN UPDATE SUBCOMMITTEE Mr. Golladay next gave a brief report of the Comprehensive Plan Update Subcommittee. Mr. Golladay explained that the policy statements for urban and rural lands were reviewed by the subcommittee and were given back to the staff for revision. Mr. Golladay noted that these revised statements will be reviewed again at the next subcommittee meeting. The subcommittee will also discuss in detail the different ways to preserve rural lands as developed by the USDA. 1451 -3- REPORT ON ECONOMIC DEVELOPMENT COMMITTEE Mr. Horne gave a brief report on the progress of the Economic Development Committee to date. He noted that the policy statements and strategies to be used in the Economic Development field are currently being revised to address the concerns of the City of Winchester. This revised copy will be presented to the working group and subcommittee for their review and comment in the next few weeks. Addition of approximately 2,094 acres to the existing South Frederick Agricultural and Forestal District located in the Back Creek and Opequon Magisterial Districts. PUBLIC HEARINGS ACTION - Approval The Secretary gave the background information. He noted that the proposed district is comparable to the existing district and originally was meant to be included in that district, but the participants could not get all the information submitted in time. Mr. Lehman next asked if any requests for inclusion in the Agricultural District have ever been denied and Mr. Horne replied that there were none. Mr. Lehman expressea concern as to the impact of allowing three acre parcels into the Agricultural District in light of the fact that Agricultural Districts qualify for land use tax. Mr. Myers pointed out that not every land owner's motive for entry in the Agricultural District is lower taxes. He noted that the land owner could be making a statement that he wants the area to remain agricultural for either aesthetic reasons or to protect the County's agricultural lands. 1452 Chairman Brumback asked if all the requirements had been met for this proposed addition and Mr. Horne replied that they had been met. Mr. Stiles requested that a list of the agricultural district additions, including names, tax map numbers, and parcel size be included in the official record of this request. Chairman Brumback next inquired if there was anyone else wishing to speak in favor or opposition to this request. There being no one else wishing to speak, Mr. Golladay motioned for approval. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the addition of approximately 2,094 acres to the existing South Frederick.Agricultural District, located in the Back Creek and Opequon Magisterial Districts, to the Board of Supervisors. Rezoning Petition of Mary L. and Salvatore A. Rao, consisting of 2.04 acres zoned A -2 (Agricultural- General) to be rezoned B -2 (Business- General) in the Back Creek Magisterial District. ACTION - Denial The Secretary read the background information. Mrs. Rao came forward and introduced herself to the Commission. Mrs. Rao stated that she would like her property to be rezoned because it is now, and always has been used as a business under the grandfather clause. Mrs. Rao explained that the property is now, and always has been taxed at commercial rate value. She continued, stating that the Glass Barn is located on a major highway, Route 11, and there is commercial property in that vacinity. Mrs. Rao stated that the County proposes that there be no commercial zoning south of Route 37, but there is commercial zoning there now. Mrs. Rao 1453 -5- further stated that the building is a commercial building and will never be a residential building. Mr. DeHaven next questioned if Firs. Rao could conduct her business under the existing zoning. Mr. Horne replied that Mrs. Rao could conduct her business under the existing non - conforming status. Mrs. Rao next presented some photographs she took of Route 11 showing the existing commercial and residential structures. Mr. Golladay explained that all the businesses located on Route 11 were present before the zoning ordinance was established. In answer to Mrs. Rao's concerns about expanding her business, Mr. Horne stated that Mrs. Rao could expand her building up to 50% of its current size. Mr. Horne further explained that she could conduct a different business and the County would allow the non - conforming use to transfer as long as the business, hours of operation, and traffic generation were comparable to the existing business. There being no one in the audience wishing to speak in favor or opposition to this request, Mr. Palumbo motioned for denial. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Comission does hereby recommend denial of rezoning petition number 008 -81 of Mary L. and Salvatore A. Rao to the Board of Supervisors. REGIONAL WASTEWATER TREATMENT PLANT Mr. Horne stated that the Frederick County Board of Supervisors did vote to accept the Phase II qrant for the Regional Wastewater Treatment Plant and did also revise the resolution that was presented by the Service Authority. Mr. Horne stated that the Phase II grant has been accepted; an optimization study has been required, no 1454 matter whether the apple processors withdraw or not; the optimization study must address and resolve the concerns as presented by the Planning Commission; and after the optimization study is complete, there will be a halt in the proceedings to allow the Board of Supervisors and the City Council the opportunity to decide if they want to proceed with the design or not. Mr. Horne further noted that, in his opinion, everything was done to address the concerns of the Planning Commission. Mr. Lehman next thanked the Planning Commission, the Planning Staff, and the Board of Supervisors for their efforts regarding the wastewater treatment plant. There being no futher business to discuss, Mr. Stiles motioned for adjournment. This was seconded by Mr. Golladay and passed unanimously. Respectfully Submitted, Frank Bramback, Chairman Q I / J/ v ,r/� -- Jo . P. Horne, Secretary 1455