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PC_03-20-75_Meeting_MinutesMINUTES OF THE SPECIAL MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the County Administration Budling, March 20, 1975 PRESENT: Keith Williams, Chairman; Elmer Venskoske; C. Langdon Gordon; Frank Brumback; Manuel DeHaven; James Golladay, Sr.; and H. Ronald Berg. ABSENT : Richard F. Madigan. CALL TO ORDER The Chairman called the Meeting to Order and announced that F A J the first order of business was a letter from Mr. E. G. Emerson. E. G. EMERSON The Chairman read the letter from Mr. Emerson as follows: Property located at -Y- and new 522 Gainesboro, Va. belonging now to Robert Adams lot #1496 and James Christain lot #1495 to be rezoned from A -1 to B -2, by E. G..Emerson. I would like to have property rezoned for the purpose of opening a retail store on the premises, using existing buildings. On these premises I would offer for sale, general merchandise, such as milk, bread, pop, ice, ice cream, Beer (with state approval for off - sale), and other misc. items necessary for general services. In addition a pick -up and delivery dry cleaners, ser- vice, misc. furniture (items for home, patio, picnic or office), newspaper and book stand, radios, pictures, hardware supplies, small tractors and related equip- ment for farm, home and industrial use (as may be • practicable), fire extinguishers, welding supplies and fishing tackle and accessories. s� • Small items of handcraft, art and antiques could also be sold and -or displayed for the general public. I would like to conduct interviews with old time residents to be recorded, of things that happened early in this century before and handed down, re- garding this entire area. Adequate parking and men & womens rest rooms (sub - ject to health requirements) will be provided on the property. /s/ E. G. Emerson Mr. R. Berg stated that the two (2) lots would total approxi- mately 100' x 200'. He added that there are presently two (2) wells and that two (2) houses are also located on the properties. Mr. Berg further stated that the structures do not have sufficient side yards. Mr. Berg showed the Members a brochure on the sanitary system • Mr. Emerson plans to use. He explained that the BIO -FLO RECYCLING TOILET was a self- contained recirculating system that is dumped or pumped out. He added that Mr. Millar of the Health Department had given verbal approval of this proposed system. Mr. Berg stated that all the uses Mr. Emerson proposes are permitted in the B -2 zoning district. Mr. Golladay stated that in his opinion this was spot zoning. He added that the area would only be 2,000 square feet. Mr. Berg stated that if the Commission approved the request, then it would have to come before the Board of Zoning Appeals for a Variance. Mr. Golladay stated that 2,000 square feet was not enough for all the uses proposed. • Mr. Golladay asked Mr. Venskoske, who represents Gainesboro District, if there was a need for business in this area. Page 2 J� • Mr. Venskoske stated that there was no immediate need. He added that Mr. Emerson just did not have enough land. Mr. DeHaven stated that if there is going to be a business, then there should be sufficient area for proper septic systems and that there should be sufficient area to meet the zoning requirements. The Chairman instructed Mr. Berg to write a letter to Mr. Emer- son explaining that there isn't sufficient land for the proposed uses, that this would be spot zoning, and that a septic tank and drainfield is needed. BOYD J. UNGER, JR. Mr. Berg stated that at the last Planning Commission Meeting, the Members considered a request from Mr. Unger to rezone .93 acres of • land on Route 522 South to manufacture pottery and figurines and also to hold classes for the ceramic type business. He added that this re- quest was tabled so that the Members might decide which category this type of business came under. Mr. Berg stated that if this is considered retailing, then this could come under the B -1 or B -2 zoning district. He added that this would also be spot zoning. Mr. Golladay stated that once one piece of land is rezoned, then more land could be rezoned. Mr. Gordon stated that a policy on spot zoning is going to have to be adhered to. Mr. Golladay added that it would be a long time before public water and sewer would be expanded to the area in question. He stated • further that there is already a problem of drainage on the property. Following a short discussion, the Members agreed that a letter Page 3 • should be sent to Mr. Unger explaining that the land was not sufficient in area and that this would be spot zoning, which was not with the upkeeping of the County. SIGN ORDINANCE The Chairman stated that the next order of business was the proposed sign ordinance. The Chairman stated that in his opinion, the proposed size of signs was too restrictive. Mr. Golladay stated that either the signs should be maintained properly or they should be removed. Mr. Gordon stated that his main concern was Section 18 -6 -3 subsection (b) which prohibits: • Signs not located on the property or structure to which it directs attention, except any sign erected and maintained by or under the supervision of county or other governmental authority or the Virginia Department of Highways. He added that this section needed a lot of consideration as it will be highly controversial. Mr. Berg stated that all off - premise signs in the current ordinance needed a Conditional Use Permit. Mr. Gordon stated that in the proposed ordinance, a Conditional Use Permit is not even mentioned. Mr. Berg stated that in the current zoning ordinance, a sign is just like a structure in that a Building Permit is issued for a sign. Mr. DeHaven asked Mr. Berg to get a copy of the controlls the State has on signs. • The Chairman stated that he did not want to see the highways open to billboards. He added that he would like to see a provision Page 4 �f0 in the ordinance which required the maintenance of all signs. It was decided that Mr. Berg would obtain additional information on signs and draft a new ordinance for the Commission's consideration. PUBLIC MEETINGS Mr. Berg told the Members that he has requested permission from the Frederick County School Board to use various schools through- out the county to hold public meetings on the proposed Land Use Plan. He added that he is requesting the schools for the second and third weeks in April. Mr. Berg further stated that he is planning on five (5) meetings during the two week period. The Commission Members agreed that the meetings should be held 0 during the weeks specified. THERE BEING NOTHING FURTHER TO COME BEFORE THE PLANNING COMMISSION, THE MEETING WAS ADJOURNED. Respectfully submitted, �, 4�,� LA H. Ronald Berg, Secretary Keith WilXams, Chairman • Page 5