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PC_10-15-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 10/15/80 PRESENT: C. Langdon, Chairman; Frank Brumback, Vice Chairman; W. French Kirk; James Golladay, Jr.; Elmer Venskoske; Kenneth Y. Stiles; Herbert Sluder. ABSENT: Manuel C. DeHaven CALL TO ORDER The Chairman called the meeting to order. The first order of business being the consideration of the minutes of August 6, 1980. Mr. Kirk noted the following corrections: Page 3 - second paragraph - the word "be" should be inserted after the word "to ". Page 7 - second paragraph from the bottom - the word come should be "came ". Page 10 - The number (2) condition for conditional use permit #009 -80 should read, "If the use is dis- continued or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required ". Mr. Golladay made a motion to approve the minutes of August 6, 1980 with the corrections as noted above. This was seconded by Mr. Venskoske and passed unanimously. BIMONTHLY REPORT Mr. Riley stated that the conditional use permit of Harry M. & Rose 0. Stine had been withdrawn. Mr. Riley stated the the conditional use permit of John and Shirley Klein was for a Blacksmith Shop on the corner of Merrimans Lane and Cedar Creek Grade, and that Judith Ware was requesting permission for the operation of a beauty parlor within her home. Mr. Horne stated that Jack and Norma Tindle had requested a conditional use permit to sell antique vehicle parts in the building that is now the Rustic Tavern on 522 south. The Tindle's feel that inasmuch as there was a service station on this location a number of years ago, that they should be able to conduct this type of business on the same type of permit. The Commission felt that the service station dated back a number of years and there was a question as to whether or not this would come under the same permit, inasmuch as it was not a permitted use in this particular zone. Chairman Gordon accepted the Bimonthly Report as information. 1176 -2- SITE PLANS Request for Site Plan approval by Amoco Foam Products Company, No. 024 -79 (Amended), Stonewall Magisterial District. ACTION - APPROVED Mr. Riley presented this site plan request and stated that the staff recommended approval. Mr. Everett McMurtry, Plant Manager, appeared before the Planning Commission on behalf of this amended site plan for an additional 58,000 sq. ft. to be used as a warehouse. There were no objections to this site plan request. Upon motion made by Frank Brumback and seconded by Kenneth Y. Stiles, the Site Plan of Amoco Foam Products Company was passed unanimously as presented. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby unanimously approve site plan amendment #024 -79 of Amoco Foam Products. SUBDIVISION Preliminary Plat of Third Battle Subdivision - J.P. Darlington Mr. Riley presented this preliminary plat request of Mr. J.P. Darlington. Mr. Randolph Larrick and Mr. Ronnie Ward appeared before the Commission as representatives of Mr. J. P. Darlington. Mr. Ward stated that the Department of Planning & Development had recommended that Baker Lane Extended be straightened and, on Confederate Drive, a cul -de -sac be constructed instead of carrying the street through to Stine Industrial Park. Mr. Ward further stated that these lots would be in excess of 8,000 sq. ft. and most of the housing would be duplexes and they hoped to be able to have them in the price range of $40 to $45,000. 1177 hem Mr. Horne asked about the drainage and Mr. Ward stated that culverts would be located at the corner of Gordon Drive and Baker Lane and that it was felt this would handle the necessary drainage. Upon motion made by Kenneth Y. Stiles and seconded by Frank Brumback, the Preliminary Plat request by Mr. J. P. Darlington for Third Battle Subdivision was passed with all members present voting Aye, and Mr. Gordon abstaining. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby approve the preliminary plat of Third Battle Subdivision. CONDITIONAL USE PERMIT FEE DISCUSSED Mr. Riley stated that the previous Zoning Administrator, Mrs. Stefen, had presented a fee schedule to the Commission, but exactly what happened after that he was not sure. Mr. Stiles stated that at that particular time there was a court case pending concerning conditional use permit fees and that the Board of Supervisors had decided to wait for this court decision before proceeding with this matter. Mr. Gordon stated that the Planning Commission had recommended that this fee be adopted when it was originally discussed by the Commission. Mr. Stiles requested that Mr. Riley check with Mr. Ambrogi concerning this particular court case and advise the Planning Commission at the next meeting of his findings. 1173 -4- GOLD AND SILVER ORDINANCE DISCUSSION Chairman Gordon asked about the status of the Gold and Silver Ordinance. Mr. Stiles stated that he had just met with the Law Enforcement Committee and that this particular ordinance had been discussed at great length, and that the committee hoped to have a draft drawn up within two weeks and have it to the Board of Supervisors for their meeting on November 12, 1980. The committee hoped that this ordinance would be in force by January 1, 1981. PUBLIC HEARINGS REZONINGS Zoning Map Amendment of Thomas L. and Barbara Conrad - Bon Air Home for Elderly People, Inc., Petition No. 016 -80, in the Opequon Magisterial District. ACTION - Withdrawn Mr. Conrad appeared before the Commission and stated that they wanted to withdraw their rezoning request as they were not aware that so many of the neighbors objected to this rezoning until after application was made. Mr. Conrad further stated that he would apply for a conditional use permit and he was informed by staff that this would be heard by the Planning Commission at their November 19, 1980 meeting. SUBDIVISION ORDINANCE - DISCUSSION The Planning Commission discussed at the length the Subdivision Ordinance and it was decided that the Large Lot Subdivision would be the first area to be discussed in the Subdivision Ordinance. 1179 -5- Upon motion made by Kenneth Y. Stiles and seconded by James Golladay, Jr. and passed unanimously the Large Lot Subdivision will be the first topic of discussion scheduled for the work session for this discussion to be on October 28, 1980. There being no further business to come before the Commission, Mr. Brumback made a motion the meeting be adjourned. This was seconded by Mr. Golladay and passed unanimously. Respectfully Submitted, John R. Riley, Secretary ,t . d 1180