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PC_07-07-04_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on July 7, 2004. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; Marie F. Straub, Red Bud District; William C. Rosenberry, Shawnee District; Charles E. Triplett, Gainesboro District and Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Richard C. Ours, Opequon District; John H. Light, Stonewall District; and Cordell Watt, Back Creek District STAFF PRESENT: Eric R. Lawrence, Planning Director, Christopher M. Mohn, Deputy Planning Director; Jeremy F. Camp, Planner 11, Mark R. Cheran, Planner I; and Renee S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MAY 19, 2004 Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of May 19, 2004 were unanimously approved as presented. Frederick County Planning Commission Minutes of July 7, 2004 Page 1331 -2- • COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 06/24/04 Commissioner Unger reported that one of the topics of discussion for the DRRS was the Medical Support District and, in particular, truck fleets and apartments within that district were examined. Also discussed were setbacks for non - conforming lots in the rural areas. Commissioner Unger said it will need to be decided if that should be established in selected areas of the County or across the board. Work Session - July 12, 2004 Chairman DeHaven reminded the Commission of the work session with the Board of Supervisors on July 12, 2004 at noon to discuss the applications for amendments to the Comprehensive Policy Plan. The meeting will be held in the Board of Supervisors meeting room. PUBLIC HEARING • Conditional Use Permit #12 -04 of Leda J. DeHaven for Commercial Outdoor Recreation. The property, which is zoned RA (Rural Areas), is located at 150 North Hayfield Road (Route 600) and is identified with Property Identification Number 29 -A -28 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Planner Mark R. Cheran reported that the proposed use will be conducted on property that is approximately 83 acres in size and is surrounded by RA -zoned properties consisting of residential, agricultural, and religious uses. Planner Cheran said the applicant is proposing to have a petting zoo, pony rides, and a picnic area to conduct birthday parties. He said the applicant intends to have an awning or tent to conduct parties for the first year of operation; however, future plans are to construct a shelter. Planner Cheran added that all activities will be conducted by scheduled appointment only and will consist of small groups of no more than 15 people. He further added that based on the limited scale of the proposed use and evaluation of the property, it appeared the use would not have any significant impacts on the adjoining properties. Planner Chcran next read a list of recommended conditions, should the Planning Commission recommend approval of the conditional use permit. Commissioner Rosenberry said that the applicant's letter states that they have operated a pony and carriage ride business for ten years. Commissioner Rosenberry asked the staff if they have ever received any complaints. Planner Cheran replied that the pony and carriage rides are a by -right use under the RA Zoning District and the staff was not aware of any complaints. • Frederick County Planning Commission Minutes of July 7, 2004 Page 1332 -3- • Commissioners inquired about the 15- customers per day limit. Planner Cheran explained that because there were no public restrooms, the Health Department imposed this limit based on the capacity of the septic system. The issue of parking lot requirements was raised; Planner Cheran replied that ample room was available for parking and paving was not required. The applicant/ property owner, Ms. Leda J. DeHaven, was available to answer questions from the Commission. Mrs. DeHaven said that they have already installed the septic system and intend to install bathroom facilities for the customers. She said that they will receive customers by appointment only; she was comfortable with the conditions recommended by the staff. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Zach Smith said that his father is an adjoining property owner. Mr. Smith was seeking clarification on what this operation was going to entail. He also asked if there would be after -hours operation, if lights would be installed, and whether it would affect the farming setbacks. Ms. Della F. DeHaven, adjoining property owner, was also interested in the hours of operation. Mrs. DeHaven returned to the podium and stated that the operation will be during daylight hours. She said all of the animals are small farm animals, such as calves, ducks, chickens, rabbits, and a donkey; she said there will not be any exotic animals. Mrs. DeHaven said the lighting will not be for doing business at night; she said there will be normal lighting, typical of a fanning operation. . No major issues of concern were raised by the Planning Commission and they believed the use would not pose any significant impacts on adjoining property owners. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #12-04 of Leda J. DeHaven for Commercial Outdoor Recreation at 150 North Hayfield Road (Route 600) with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Adequate parking areas for patrons shall be provided prior to issuance of a business license. 3. No more than 15 customers per day allowed. 4. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four - square feet in size. 5. Any expansion or modification shall require approval of a new conditional use permit. Frederick County Planning Commission Minutes of July 7, 2004 Page 1333 -4- Conditional Use Permit #13 -04 of Coy and Marion Thompson for Pet Boarding Facility with Grooming. • The property, zoned RA (Rural Areas) is located at 213 Sir Johns Road (Route 667) and is identified with Property Identification Number 34 -3 -B in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Planner Mark R. Cheran reported that the proposed use will occur on 5.90 acres of land with the nearest residential dwelling being more than 50 feet from the proposed use. He explained that the proposed building will house a pet - grooming room, an office, and a cattery; he said there will be 48 indoor /outdoor kennels with runs. Planner Cheran stated that three employees are anticipated, who do not reside on the premises. Planner Cheran added that an engineered site plan approved by Frederick County shall be required; the site plan will include a six -foot opaque fence to enclose the outdoor runs. He further added that the proposed use shall be in conformance with Section 165 -41 ofthe Frederick County Zoning Ordinance regarding confining and securing dogs. In conclusion, Planner Cheran read a list of recommended conditions, should the Commission recommend approval of the conditional use permit. Commissioners had questions concerning whether the dogs would be secured indoors, within an enclosed structure at night; if the outdoor runs would be opaque or screen; the hours of operation; time periods for boarding animals; and whether the applicant had received Health Department approval. Mrs. Marion Thompson, the applicant/ owner, said that they intend to border her neighbor's yard with privacy fencing; they also intend to have a play yard, which will also be screened by opaque fencing. Mrs. Thompson said the dogs will be latched inside a climate - controlled structure during the night. She added that owners could pick up or drop off their pets between 8:00 a.m. through 9:00 p.m. Mrs. Thompson said that • they have arranged for a site engineer to visit their property and they will comply with all of the requirements that may be necessary. speak: Chairman DeHaven called for public comments and the following person came forward to Mrs. Ellen Fletcher, adjoining property owner, stated that she and her husband had no objections to the Thompsons conducting this operation. Chairman DeHaven stated that he spoke with three of Mrs. Thompson's neighbors and all of them thought the Thompsons were wonderful neighbors, however, they were opposed to housing 48 dogs on the property. Chairman DeHaven said that he was concerned with the situation of so many animals confined in an unfamiliar place on a parcel this small and so close to other neighbors. Another Commissioner had the impression that the possibility of this many dogs on the site would be infrequent and would probably only occur when animals are being picked up and dropped off. Upon motion made by Commissioner Gochenour and seconded by Commissioner Straub, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit # 13 -04 of Coy and Marion Thompson for a pet boarding facility with grooming at 213 Sir Johns Road (Route 667) with the following conditions: • Frederick County Planning Commission Minutes of July 7, 2004 Page 1334 -5- • 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan with all improvements shall be approved by Frederick County prior to the operation of this kennel. 3. Hours of operation shall be from 8:00 a.m. to 9:00 p.m., daily. 4. All dogs shall be secured indoors from 9:00 p.m. to 7:00 a.m. 5. No breeding of dogs or cats shall be permitted with this use. 6. No veterinary office shall be allowed to operate with this use. 7. Only one non - illuminated business sign, not exceeding five feet in height from its base nor exceeding four square feet in area, shall be permitted. 8. A maximum of 48 dogs allowed on site. 9. Any expansion or modification of this use shall require approval of a new conditional use permit. The vote was as follows: • YES (TO APPROVE) Rosenberry, Triplett, Fisher, Morris, Unger, Gochenour, Straub, Thomas, Kriz NO: DeHaven (Please note: Commissioners Ours, Watt, and Light were absent from the meeting.) Rezoning #08 -04 of Outback Restaurant, Inc., submitted by Patton, Harris & Rust Associates, Inc., to rezone 2.0 acres from B2 (General Business) District to B2 (General Business) with IA (Interstate Area) Overlay District to accommodate an interstate overlay sign for a proposed restaurant use. This property is located at the southwest corner of Route 839 and Valley Pike (Route 11 S) in Kernstown, south of Route 37, and is identified with Property Identification Number 75A- 6 -B -41B in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Chairman DeHaven said that he would abstain from all discussion and voting on this rezoning, due to a possible conflict of interest, and he turned the chairing of the meeting over to Vice Chairman Thomas. Planner Mark R. Cheran stated that the restaurant use on this property qualifies for the IA (Interstate Area) Overlay District as set forth in Section 165 -130 of the Frederick County Zoning Ordinance. Planner Cheran said that the proposed sign will be 63 feet high with a 300 square -foot face and is proposed r Frederick County Planning Commission Minutes of July 7, 2004 Page 1335 to be located at the southwest corner of the parcel. • consistent with the corridor design policy of the Route for limiting signs along the corridor. 11 He noted, however, that a sign of this height is not 11 South Corridor and Land Use Policy, which calls Mr. Ronald A. Mislowsky, P.E., with Patton, Harris & Rust Associates, Inc. was present to represent the applicant, Outback Restaurant, Inc. Mr. Mislowsky stated that Outback Restaurant, Inc. is requesting the taller sign in order to obtain good visibility from I -81. He believed this property qualified for the IA Overlay District; he pointed out that the property directly across Valley Pike (Rt. 11) is within the IA Overlay District, as well as another property just to the north on Valley Pike. He said that both of these properties could erect taller signs by- right, without appearing before the Commission. In addition, Mr. Mislowsky said there are existing 35 -foot tall pedestal signs south of this site, along Valley Pike (Rt. 11). He said that this will not be an obtrusive sign. Commission members discussed the visibility of a sign from the interstate using the County's current B2 regulations, which permits signs to be 35 feet high with a 150 square -foot face. Commissioners were of the opinion that traveling south on I -81, a 35 -foot -high sign would not be visible; and traveling north, there would probably be only a half -mile of visibility of a 35 -foot sign. They agreed that 63 feet was high, but did not believe a 35 -foot high sign would be visible from I -81, either north or south, for any great distance. They questioned if there was any type of impediment between I -81 and the site that would block the view of a 35 -foot sign. Mr. Mislowsky mentioned the Rt. 37 bridge that goes across I -81. Considering the adjoining sites that were already located within the IA Overlay District, the question was raised about whether future tall signs or buildings on those properties could potentially block a 35 -foot sign on this site. Also considered, was the possibility of the applicant utilizing the Virginia State logo signs along the interstate. However, some of the Commissioners recalled that if the restaurant did not have certain morning hours, their logo would not be permitted to be placed on one of the Virginia interstate logo signs. Commission members spoke of the importance of business signs while traveling on the interstate; it was noted that if a business was going to be successful, it needed to have significant signage. While some Commissioners believed a 35 foot sign was not practical for this restaurant, others considered the proposed 63 feet to be too tall and asked about the possibility of modifying the height. One Commissioner did not want to set a precedent of approving tall signs along the Route 11 area because the proliferation of signs was visually unappealing. The Planning Staff pointed out that granting the applicant their request to be included in the IA Overlay Zone would allow the applicant the ability to utilize the maximum sign size and height, which would be 63 feet high with a 300 square -foot face. In addition, placing the property within the IA Overlay District, did not negate the applicant's ability to erect the 35 -foot sign with a 150- square -foot face, allowed in the B2 Zoning District, in addition to the taller sign allowed by the IA Overlay District. The Planning Staff stated that the applicant would be permitted to erect both signs. Mr. Mislowsky assured the Commission that it was the applicant's intent to erect the sign described within the application package; he said that if the IA Overlay District is granted, the applicant will not erect the pedestal sign. He said that the applicant may place a monument sign on Route 11 because it would be difficult for a motorist to see the 63 -foot sign simply driving by. Mr. Mislowsky said that they would formalize this commitment before they go before the Board of Supervisors. Vice Chairman Thomas called for public comments, however, no one came forward to speak. Frederick County Planning Commission Minutes of July 7, 2004 Page 1336 -7- • Upon motion made by Commissioner Unger and seconded by Commissioner Fisher, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning #08 -04 of Outback Restaurant, Inc., submitted by Patton, Harris, & Rust Associates, Inc., to rezone 2.0 acres from B2 (General Business) District to B2 (General Business) with an IA (Interchange Area) Overlay District to accommodate an IA Overlay zone sign for a proposed restaurant use. The majority vote was as follows: YES (TO APPROVE) Straub, Unger, Morris, Thomas, Fisher, Triplett NO: Gochenour, Kriz, Rosenberry ABSTAIN DeHaven (Commissioners Watt, Light, and Ours were absent from the meeting.) Rezoning #09 -04 of David A. and Linda W. Hicks, submitted by Greenway Engineering, Inc., to rezone .85 acres from the RA (Rural Areas) District to B2 (Business General) District. The subject acreage is located west and adjacent to North Frederick Pike (Rt. 522N) and north and adjacent to Burnt Church Road (Rt. 678), and is identified by P.I.N. 42 -A -81 in the Gainesboro Magisterial District. • Action - Recommended Approval Planner Mark R. Cheran stated that the 0.85 -acre parcel is located in the Albin Rural Community Center and conforms with the applicable policies for rural community centers. Planner Cheran said there were no negative comments or significant issues raised by any of the reviewing agencies. He noted that the parcel is located outside of the SWSA (Sewer and Water Service Area), but has received Health Department approval for a Puraflo Treatment System that has been engineered to allow the drainfield to be located under the parking area. Planner Cheran next reviewed the applicant's proffers, which included site access, land use restrictions, structural development, business signs, outdoor storage, and a monetary contribution to fire and rescue services. Mr. Evan A. Wyatt with Greenway Engineering, Inc., the design engineers for this project, stated that not all the rural community centers identified in the Comprehensive Policy Plan call for commercial land use, however, the Albin Rural Community Center is one that does. Mr. Wyatt believed the rezoning request was appropriate because it was not out of scale with what has already been established in this immediate vicinity. He identified several of the existing commercial and industrial -zoned businesses, such as Lizer's Fruit Market, the mini - warehouses, Omps Garage, Ridge Country Store, Reading Landscapes, and Winchester Equipment. Referring to the architecture's rendering, Mr. Wyatt said that they designed the structure to be in keeping with the existing architecture in the Albin area. Mr. Wyatt next talked about the proffers being offered and answered questions on the proposed Health system. In developing the proffer statement dealing with the monetary contribution, Mr. Wyatt said he used a percentage calculation, based on • Frederick County Planning Commission Minutes of July 7, 2004 Page 1337 -8- the amounts proffered for similar sites, which resulted in the $200 amount designated within the proffer. He • said that Mr. David Hicks, the owner, believed that a $1,000.00 contribution to Fire and Rescue would be more appropriate in this case. He noted that Mr. Hicks intends to make that increase official in the proffer statement before the rezoning is considered by the Board of Supervisors. Commissioner Gochenour, who was a member of the Historic Resources Advisory Board (HRAB), believed that pristine rural areas in Frederick County, such as the Albin Rural Community Center, should be preserved and possibly viewed as potential historic districts. She said that although the two structures on the property were not historically significant on their own, members of the HRAB recognized that the Albin Rural Community Center could potentially be eligible as a historic district as a whole collection. Commission members pointed out that the limited uses for the property listed within the applicant's proffer statement was significant in considering this property for rezoning. They did not believe any of the uses listed would be offensive to the surrounding area. Many of the Commission members believed the use was appropriate for this community and the structure was aesthetically appealing. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Morris and seconded by Commissioner Triplett, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning 409 -04 of David A. and Linda W. Hicks, submitted by Greenway Engineering, Inc., to rezone .85 acres from the RA (Rural Areas) District to B2 (Business General) District with the proffers as submitted by the applicant. • The majority vote was as follows: YES (TO APPROVE) Straub, Unger, Morris, DeHaven, Thomas, Kriz, Fisher, Triplett, Rosenberry NO: Gochenour (Commissioners Watt, Light, and Ours were absent from the meeting.) PUBLIC MEETING Master Development Plan #08 -04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc., for 18 townhouses on two - and -a -half acres of land, zoned RP (Residential Performance) District. The property is located on the north side of Tasker Road (Rt. 642), 1,300 feet east of the intersection of Tasker Road and Aylor Road, and is identified with P.I.N. 75M- 2 -B -8A in the Shawnee Magisterial District. Action - Recommended Denial of the Lot Access Waiver and Recommended Denial of the Master Development Plan • Frederick County Planning Commission Minutes of July 7, 2004 Page 1338 t� Planner Jeremy F. Camp stated that the applicant has requested a waiver from the Planning Commission to allow the entrance of the development to be located further to the north of Tasker Road (Rt. • 642), rather than aligning with Spanish Oak Road, as required by the Zoning Ordinance. He said that prior to administrative approval, it may be appropriate for the applicant to increase the width of the proposed bike trail to 10 feet and clarify that the trail will be paved. Planner Camp suggested that the bike trail be moved into the inactive portion of the road efficiency buffer, instead of in the VDOT right -of -way. In addition, Planner Camp said that minor changes to clarify the details of the proposed screening and landscaping shall be required prior to administrative approval. Mr. Claus Bader with William H. Gordon Associates, Inc., the design engineers representing one of the owners, Brian Martin of AMB Builders, stated that during the design phase of the project, they sought to line up the entrance with Spanish Oak, but just could not make the project work. They decided to move the entrance as far to the east as possible, away from the Spanish Oak entrance and, at this location, it meets the entrance spacing requirements. In addition, Mr. Bader said he had no problems with moving the bicycle trail into the inactive portion of the buffer per the staff s request. He preferred, however, not to increase the width of the bicycle trail; he noted that the six -foot width is what is recommended in the Frederick County Bicycle Plan. Nevertheless, he said they do intend to asphalt the bicycle trail. Mr. Bader further added that the fire department has reviewed and approved their plan. Chairman DeHaven called for public comments and the following persons came forward to speak: Mrs. Denise Dobbs, an adjoining property owner at 1226 Macedonia Church Road, was opposed to townhouses at this location because she believed townhouses would depreciate the value of her single- family home and over time, townhouses tend to become visually unappealing. Mrs. Dobbs said that • when she purchased her home on Lot 4, she was told that the adjoining two - and-one -half acres would not be used for dwellings; she was told that if the property was developed, only a small business or doctor's office could be placed there. In addition, Mrs. Dobbs said the applicant's proposed wall would be located only a short distance from her back door and yard, where she spends a considerable amount of time. Mr. Rodney W. Butler, adjoining property owner at 1244 Macedonia Church Road., expressed his concerns about neighborhood drainage issues. Mr. Butler said that VDOT has a dry pond for overflow for Tasker Road and during heavy rains, the pond overflows down the side of his lot, across Macedonia Church Road, and into a neighbor's front yard. Mr. Butler wanted to know if any provisions have been made to correct this problem and/or to prevent additional water from going into this system. He was also concerned about the height of the units. He said the 35 feet indicated on the applicant's plan is considerably higher than the existing homes in the area; the units across the road in the Autumn Glen are one -level duplexes. Mr. Butler said there will be a considerable difference in the height. Mr. Matt LeBlanc, adjoining property owner on Lot 5, also had concerns about the height of the proposed townhouses. Mr. LeBlanc questioned the impact to the quality of life for the existing residents. Mr. William J. Clements, adjoining property owner at 1238 Macedonia Church Road, was also opposed to townhouses at this location. Mr. Clements said that when he purchased his home, he had to meet certain square footage requirements. He said that he purchased his home believing that he was going to be in a housing development, not a mixed -use development. Mr. Clements was concerned about how the townhouses would affect property values in his neighborhood. Frederick County Planning Commission Minutes of July 7, 2004 Page 1339 -10- • Mr. Brad Frazier, property owner at Lot 3 of Mosby Station, was opposed to townhouses at this location. He did not believe townhouses were compatible with his single - family neighborhood. He was concerned the townhouses would turn into rental units and bring property values down. Mrs. Stephanie Frazier, property owner at Lot 3 of Mosby Station, was also opposed to townhouses at this location. Mrs. Frazier believed her quality of life would be negatively impacted by townhouses on the adjoining property. Mr. Bader returned to the podium to address some of the issues raised by the citizens who spoke. Regarding the drainage issues, Mr. Bader said that he was aware, as well as the Public Works Department, that the existing drainage swale system has problems. He said that in order for his project to move forward, he must provide storm water management on site so that additional run -off is not produced; he said they are proposing an underground storm water management facility. Mr. Bader expressed his intention to meet County ordinance requirements for the vegetative buffer along the rear of the property. He said that when the plat was recorded for the 7 -8 houses in the rear, it had a shared buffer recorded with it. He said that the only reason for recording a buffer is in anticipation of future development. The Planning Commission requested clarification on the waiver request. Planning Director Eric R. Lawrence stated that based on the Frederick County Zoning Ordinance, Mr. Bader's access design is both an entrance and a driveway; therefore, he will need to obtain the exception because he is providing a private access off VDOT road. Commission members had concerns about the compatibility of townhouses at this location, which was primarily a single - family traditional home area. They also raised safety concerns about the location of the proposed entrance due to sight distance and traffic congestion. Commissioners believed that sufficient information was not submitted by the applicant to show the impact of the 18 townhouses and the traffic that would be generated to justify relocating the entrance. It was the opinion of the Planning Commission's legal counsel that if the waiver was denied, the master development plan would not meet County Code requirements and, therefore, could not be enacted. Upon motion made by Commissioner Morris and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of the entrance waiver request for Master Development Plan #08 -04 of the Townes at Mosby Station and therefore, recommends denial of Master Development Plan #08 -04 of the Townes at Mosby Station on the basis of nonconformance with the ordinance. Master Development Plan #08 -04 of The Townes at Mosby Station was submitted by William H. Gordon Associates, Inc., for 18 townhouses on two- and -a -half acres of land, zoned RP (Residential Performance) District. Frederick County Planning Commission Minutes of July 7, 2004 Page 1340 -11- DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT CONCERNING HOURS OF OPERATION FOR CAR WASHES IN THE B2 DISTRICT, SECTION 165 -48. County Planner Mark R. Cheran stated that the Development Review & Regulations Subcommittee (DRRS) considered an amendment to the zoning ordinance that would include hours ofoperation for car washes located in the B2 (Business General) Zoning District. Planner Cheran said that the proposed hours of operation would only apply to B2 property that is adjacent to RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community), or MHl (Mobile Home Community) Districts. He added that the DRRS believed that adding hours of operations would be consistent with current zoning ordinance requirements for car washes located in the B 1 (Business Neighborhood) District and would negate any nuisance factors. Commissioner Morris said that although he appreciated the overall intent, he was concerned that a single business was being singled out for restriction. Commissioner Morris said that he could think of other businesses besides car washes that may be just as noisy or annoying in some manner and that the proposed amendment may be too specific. District. Chairman DeHaven questioned why the amendment did not include the RA (Rural Areas) Commissioner Thomas, a member of the DRRS, said that the DRRS viewed this amendment as an initial step towards consistency and clarification of the ordinance. He said the DRRS believed the car • wash amendment was an appropriate area to start, since the regulations already existed in the BI (Business Neighborhood) District. He said the intent was to restrict the amount of noise next to a residential area and, theoretically, the RA (Rural Areas) District does not qualify as a residential area. He noted that in reality, however, there are as many residential areas in the RA today as there are in RP and he believed the DRRS would not have a problem adding this district. The Commission members were in support of this initial amendment and were in favor of the staff proceeding. No formal action was required at this time. OTHER INFORMAL DISCUSSION REGARDING ATTORNEY GENERAL'S OPINIONS The Planning Commission had an informal question and answer discussion with its legal counsel regarding opinions from the attorney general that were supplied to the Commission. A few of the topics discussed were: the determination that the lack of existing public facilities can not be the sole reason for denying a rezoning; whether or not "compatibility" could be used as a valid reason for denying a master development plan; if master development plans and site plans are infinitely amendable by the property owner so long as a new application is submitted that meets ordinance requirements; and regarding the issue of is Frederick County Planning Commission Minutes of July 7, 2004 Page 1341 -12- • property that was rezoned prior to the establishment of the proffer system, the question was raised of whether some type of legal remedy, such as a time limit, could be imposed for development to take place within a certain time period after rezoning. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:50 p.m. Restfully submitted, S. DeHaven, Jr., Chairman R. Lawrence, Secretary E Frederick County Planning Commission Minutes of July 7, 2004 Page 1342