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PC_03-19-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, March 19, 1980. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; Elmer Venskoske; W. French Kirk; James Golladay, Jr.; Kenneth Stiles; Herbert Sluder. ABSENT: Manuel C. DeHaven CALL TO ORDER The Chairman called the meeting to order. The first order of business was the consideration of the minutes of 2/20/80, 2/26/80, 3/4/80, 3/5/80. Mr. Golladay noted that page 2 of the 2/20/80 minutes should corrected by deleting the seventh paragraph. There being no further corrections, Mr. Kirk made a motion that all the minutes be approved as corrected. This was seconded by Mr. Golladay and passed unanimously. BIMONTHLY REPORT Mr. Riley first explained that Winchester Electric and Rosedale Baptist Church Site Plans have been approved. In answer to Mr. Gordon's questions, Mr. Riley explained that the church had intended to construct two or three years ago and did not proceed.at that time. Mr. Riley further explained that a stop work order had been issued several months ago when construction began again and an as -built site plan was requested. Mr. Riley also noted that the Health Department has noted that this would be the final building approved under the existing septic systems located on the property. In answer to Mr. Stiles' question, Mr. Riley explained that the "Nfiscellaneous" category were usually accessory structures. Chairman Gordon next informed staff that the Nicholson Rezoning had been heard approximately a year ago. Chairman Gordon accepted the Bimonthly Report as information. PUBLIC HEARING POLICY DISCUSSION Chairman Gordon next addressed the subject of the Planning Commission's policy regarding public hearings when all information is not available to the Planning Commission, however, interested citizens are in attendance because of advertising. 947 Planning Commission Minutes 7.2 3/19/80 Mr. Golladay explained that on May 5, 1976 the Planning Commission initiated.a policy of not hearing a request unless all prepara- tions of the petitioner are complete. Chairman Gordon stated that since that policy was adopted on one or two occasions the Planning Commission has heard a request.falling in this category. Mr. Stiles made a motion, after a lengthy discussion, that a request be heard as scheduled and, if all information has not been received at that time, the decision should be delayed until such time as ;all informa- tion is available (not to exceed 30 days) This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick will hear requests as scheduled. If all information is not recieved by the scheduled hearing date, the decision will be delayed until such time as all information is available (not to exceed 30 days). SITE PLAN PROCEDURE Mr. Golladay explained that it was his impression that all site plans would come before the Planning Commission, if only for informational purposes. Mr. Riley stated that in 1976 the Board of Supervisors gave the Department of Planning and Development administrative discretion with regard to Site Plan approval. Mr. Stiles noted that, in light of recent decisions, if the person submitting the site plan disagreed with a staff decision, then the request would go to the Board. Mr. Riley noted that he needed some direction on the handling of these matters, Mr. Stiles added that the representatives from each District should be kept informed of what is taking place in their area. Planning Commission Minutes -3- 3/19/80 SITE PLANS Request for Site Plan approval by Blue Ridge Mobile Home Park, Section V, No. 012 -77, 5 spaces, in the Shawnee Magisterial District. ACTION - Recommend Approval Mr. Jerry Updyke came forward and introduced himself to the Planning Commission and stated he was requesting five additional spaces for his mobile home park. In answer to Chairman Gordon's question, Mr. Updyke explained that his long -range plans for the park would be to add four or five spaces per year. In answer to Chairman Gordon's question, Mr. Studer noted that to date the Health Department did not have any problems with the park. There being no one present in opposition, Mr. Brumback made a motion to recommend approval for the five spaces in the Blue Ridge Mobile Home Park to the Board of Supervisors This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby recommend to the Board of Supervisors approval of the five spaces in Section V of the Blue Ridge Mobile Home Park. PUBLIC HEARINGS REZONING Request for rezoning by Richard R. Neff Construction Company, No. 005 -80, from A -2 to M -1 in the Opequon Magisterial District. ACTION - Withdrawn Mr. Riley first presented this rezoning request to the Planning Commission. Mr. Sluder then explained that there were limitations put upon this request because of the perking problem in this area and further noted 949 Planning Commission Meeting -4 3/19/80 that if expansion took place other arrangements would have to be made. Mr. King of the Highway Department stated that there is no problem with the access road concerned. Mr. Ben Butler then came forward and introduced himself to the Commission as representing Mr. Neff and stated that his client wanted to erect a metal building on this property to house heavy equipment when it is not being used on job sites. Mr. Butler further explained that this land did not lend itself to development, Mr. Brumback then asked how much of the 12 acres would'be utilized for this project. Mr. Neff replied that approximately 6.5 acres would be utilized. Mr. Neff further explained that he had tried to obtain another access, but had failed. Chairman Gordon next read two letters; one from an adjoiner, Mr. Stewart and one from Belle Mr. & Mrs. McCormick came forward and introduced themselves to the Commission and stated they were in opposition. Mrs. McCormick stated that a petition had been submitted to the I Planning Commission with 100% of the neighbors contacted in the 'area opposed to this rezoning. Mrs. McCormick added that there were ten or twelve school children in this area that had to walk along this road in order to catch the bus'.which could be dangerous; Mrs. McCormick also stated that she felt the road surface would not be able to handle the weight caused by constant traffic of heavy equipment. In answer to Mr, Stiles' question, Mrs. McCormick noted that Tech- nicon was present but not in operation when she purchased her property. Mrs. McArtor and Ms. Dianne McArtor next appeared before the Planning Commission in opposition to this rezoning, noting they were resi - 950 Planning Commission Minutes -5- 3/19/80 dents of the area. Mrs. Stewart next came forward and introduced herself to the Planning Commission, noting she was in opposition to this rezoning. Mr. Claytor appeared before the Planning Commission and stated that he is the newest landowner in the area and is opposed to this rezoning. In answer to Chairman Gordon's question, Mr. King explained that the site distance..was adequate on this road since it was 550 ft. Mr. Golladay then made a motion that this rezoning application be denied due to highway and safety problems. This was seconded by:Mr. Stiles. Mr. Stiles stated that he was sympathetic to Mr. Neff's needs, since a property owner should be able.to use his property as he sees fit; however, with the access problems and the more intense uses that come under an M -1 zoning, the road situation could be more hazardous. Mr. Golladay stated that if another entrance could be found another determination might be made Mr. Butler next formally withdrew the rezoning request on behalf of Mr. Neff. Mr. Golladay withdrew his motion and Mr, Stiles withdrew his second to the motion. DISCUSSION OF PARKING AND LOADING REQUIREMENT AMENDMENT Mr. Riley first read the ordinance amendment and explained what would be changed. Mr. Stan Pangle next explained that an all- weather surface is a surface that does not absorb water. Mr. Stiles stated-that he felt it was unreasonable to ask a person to go to this expense for some businesses. 951 Planning Commission�Minutes -6- 3/19/80 i Mr. Riley explained that these types of tools are needed in the Frederick County Ordinance to enforce this type of thing when a new industry comes into the area. Mr. Golladay stated that he felt the decision should be left up to the individual business owner-as to whether or not they wanted to black top their parking lot. Mr. Riley stated that this ordinance change would pertain to all new businesses that would be opening within the County and would not pertain to existing businesses. Mr. Brumback stated that the Commission needs to protect people who cannot protect themselves. Mr. Riley explained that this is one of the most difficult sections of the ordinance. Chairman Gordon then asked for specific opinions on this item from the Planning Commissioners. Mr. Stiles suggested that he recognized the need for the bulk of this amendment change, however, he could not support the section requiring paving. Mr. Pangle and Mr. Riley next explained the differences between the existing ordinance and the proposed ordinance amendment for parking and loading. Mr. Horne added that the existing ordinance is somewhat more stringent. Mr. Riley also explained that if the staff and developer cannot reach a decision, it could go to the Planning Commission and Board of Supervisors for a determination: 952 Planning Commission Meeting -7- 3/19/80 Chairman Gordon ascertained that all Planning Commission members, with the exception of Messrs. Golladay and Stiles who could not agree with the paving requirements, were in favor of the proposed amendment change for parking and loading. Chairman Gordon further directed the staff to prepare this ordinance amendment change for Public Hearing. Due to the hour, Chairman Gordon requested that the last two items on the agenda be postponed until a later date. Upon motion made by Mr. Golladay and seconded by Mr, Venskoske and passed unanimously, the meeting adjourned. Respectfully Submitted, 0 . Jon R. Riley , Se retary C. LanVon Gordon, Chairman 953