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PC_05-08-75_Meeting_Minutesi 1 MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, May 8, 1975 PRESENT: Keith Williams, Chairman; -Elmer Venskoske; Langdon Gordon; Manuel DeHaven; James W. Golladay, Sr.; Richard Madigan; Frank Brumback; J. William Riley, III; and H. Ronald Berg. ABSENT : Clinton Ritter, Jr..and R. Wesley Williams. i CALL TO ORDER The Chairman called the Meeting to Order and announced that the first order of business was the approval of the Minutes of April 3, 1975. MINUTES - 'APPROVED The Chairman asked if there were any corrections and /or additions to the Minutes of April 3, 1975. Upon motion made by Elmer Venskoske, seconded by James , i i Golladay and unanimously approved, BE IT RESOLVED,.That the Planning Commission for the County of Frederick, Virginia, does hereby approve the Minutes of April 3, 1975 as written. AMENDMENT - MINUTES DECEMBER 5, 1974 The Chairman asked if there were any corrections and /or i -2- 93 • additions to -the amendment of the Minutes of December 5, 1974. Upon hearing none, the Chairman stated the amendment would read as follows on Page 5: 2. Braddock Hills Estates, Section 2 (Final) Contains 13 lots; will have individual systems; all approvals have been received; located off Route 522 North near Silver Lake. Recommended Denial NON - CONFORMING STRUCTURES Mr. Ronald Berg explained to the Members that there were houses in Frederick County that had been built prior to the zoning ordinance which were too close to a front property line. Therefore, • an amendment to Section 17 -5 -1 was proposed in order for these people to be able to add to the rear of their homes without having to obtain a Variance. Upon motion made by James Golladay, seconded by Elmer Venskoske and passed unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move to advertise the proposed amendment to Section 17 -5 -1 of the Zoning Ordinance. PROPOSED SIGN ORDINANCE The Chairman stated that the next order of business was the proposed Sign Ordinance. Mr. Berg explained to the Members that the corrections made to the proposed ordinance at the last Meeting have been in- ;• corporated into this final draft. A lengthy discussion followed in which the Members commented r -3- 9 • on the elimination of roof signs and the possibility of issuing a Building Permit in order to erect a sign. The Members decided that a section should be added to the proposed ordinance which would allow double -faced signs to be put under Section 18 -6 -4. Upon motion made by Elmer Venskoske, seconded by James Golladay and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend that the Board of Supervisors adopt.the proposed sign ordinance. SITE PLAN DENNIS T. COLE Mr. Berg showed the exact location of the proposed building • off Route 7. He went on to explain that Mr. Cole is planning to construct a 100' x 50' building for selling retail furniture. Upon motion made by Richard Madigan, seconded by Langdon Gordon and passed unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval of this site plan. WORK SESSION - CHANGED Following a short discussion, it was decided that the Work Session scheduled for May 15th would be changed to May 22nd at 2:00 P.M. • PUBLIC HEARINGS I AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED I J i -4•- • NOVEMBER 1, 1973 TO REZONE 12.692 ACRES, MORE OR LESS, OF S. L. SHACKELFORD ESTATE, LOCATED ON THE EAST SIDE OF ROUTE 642, APPROXI- MATELY SIX - TENTHS (6/10) MILES SOUTH OF KERNSTOWN INTERCHANGE 79; IN BACK CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1). TABLED Mr. Berg read the application of S. L. Shackelford Estate who proposes sales and service for farm and industrial equipment. Mr. Herbert Shackelford appeared before the Commission and showed the exact location of the property to the Members. A short discussion followed in which the Members were in- formed of the zoning of the property surrounding the request for rezoning. , Mr. Joe Stassel appeared before the Commission and stated that he was against the request for rezoning. He showed the location of his property to the Members. A lengthy discussion followed in which a description of the proposed business was explained to the Members Upon motion made by James Golladay, seconded by Elmer Venskoske and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move into Executive Session to discuss a point. Upon motion made by Richard Madigan, seconded by Elmer Venskoske and passed unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby move out of Executive Session. Upon motion made by Richard Madigan, seconded by James • Golladay and unanimously passed, BE.:IT RESOLVED, That the Planning Commission for the County i -5- of Frederick, Virginia, does hereby reconvene Regular Session. Upon motion made by Langdon Gordon, seconded by James Golladay ans approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby table this rezoning request until the next Regular Meeting. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTIONS 3 -1 -13; 9 -1 -6; 10 -1 -24; 12 -1 -18; 13 -1 -19 TO READ: PUBLIC UTILITIES, INCLUDING BOOSTER, GENERATING OR RELAY STATIONS, TRANSFORMER SUBSTATIONS, TRANS- MISSION LINES AND TOWERS, PIPES, METERS AND OTHER FACILITIES FOR THE PROVISION AND MAINTENANCE OF PUBLIC UTILITIES, RAILROADS AND FACILITIES, AND WATER AND SEWER FACILITIES AND LINES. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED • NOVEMBER 1, 1973 TO AMEND SECTIONS 4 -1 -7; 5 -1 -7; 6 -1 -12; 24 -1 -11 TO READ: PUBLIC UTILITIES INCLUDING BOOSTER, GENERATING OR RELAY STATIONS, TRANSFORMER SUBSTATIONS, TRANS- MISSION LINES AND TOWERS, PIPES, METERS AND OTHER FACILITIES FOR THE PROVISION AND MAINTENANCE OF PUBLIC UTILITIES, AND WATER AND SEWER FACILITIES AND LINES. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND SECTION 8 -7 -3 TO READ: MAINTENANCE DEPOTS, PUBLIC UTILITIES SUCH AS POLES, DISTRIBUTION TRANSFORMERS, LINES, PIPES, AND METERS, INCLUDING WATER AND SEWER FACILITIES AND LINES, THE MAINTENANCE OF STREETS, ROADS, FACILITIES OR AREAS AS REQUIRED BY THE DEVELOPER, ACCESSORY BUILDINGS AND TANKS AND FACILITIES OR STRUCTURES RELATIVE TO SAME. A short discussion followed in which the Members discussed • the possibility of having a Public Service District Zone. Upon motion made by James Golladay, seconded by Richard Madigan and passed unanimously, i .T� • BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby request Mr. Berg to work on a Public Service District ordinance for sewage treatment plants for the next Regular Meeting. Upon motion made by Elmer Venskoske, seconded by Landgon Gordon passed unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby table the three (3) preceding amendments to the zoning ordinance until the next Regular Meeting. CONDITIONAL USE PERMITS BOYD J. UNGER, JR. RECOMMENDED APPROVAL Mr. Berg explained to the Members that Mr. Unger would like to have a Conditional Use Permit to operate a gift shop to • sell pottery and figurines and other similar products located on Route 522 South approximately 2.6 miles south of Route 50 East in Shawnee Magisterial District. Mr. Unger appeared before the Commission and stated that he plans to use the existing two -story block• building (36' x 48') for his proposed use. He added that later he plans to build a 36' x 48' addition. Mr. Berg explained that a side yard Variance will have to be granted by the Board of Zoning Appeals if the present structure is to be used. Upon motion made by Manuel DeHaven, seconded by Langdon Gordon and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval of this Conditional Use Permit subject to Variance Approval. F -7- • ROBERT D. LEONARD RECOMMENDED APPROVAL Mr. Berg explained to the Members that Mr. Leonard plans to construct a 15' x 25' building to be used as a kennel facility for canines. He stated that the proposed building would be located on the east side of Route 636, about 8/10 miles north of inter- section with Route 277 in Opequon Magisterial District. He added that Mr. Leonard owned fifty -seven (57) acres. Mr. Berg further explained that the proposed use meets all area regulations under A -2 zoning. Upon motion made by Elmer Venskoske, seconded by Frank Brumback and approved unanimously, ADJOURNMENT Upon motion made by Elmer Venskoske, seconded by Richard Madigan and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby adjourn its Meeting. Respectfully submitted, H. Ronald Berg, Secretary • Keith Wi' iams, Chairman BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval of this Con- ditional Use Permit to the Board of Supervisors. ADJOURNMENT Upon motion made by Elmer Venskoske, seconded by Richard Madigan and unanimously approved, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby adjourn its Meeting. Respectfully submitted, H. Ronald Berg, Secretary • Keith Wi' iams, Chairman