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PC_04-21-82_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on April 21, 1982. PRESENT: Frank Brumback, Chairman; James Golladay, Vice Chairman; Carl McDonald; M. Domenic Palumbo; A. L. Myers; Manuel DeHaven; W. French Kirk; George Romine; Herbert Sluder ABSENT: Kenneth Stiles CALL TO ORDER The first order of business, consideration of the minutes of April 7, 1982. Mr. McDonald noted that his name should be omitted from the voting for minutes approval because he was late that day. There being no further correction, Mr. Golladay moved for approval. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY In answer to Mr. Golladay's question, Mr. Horne stated that the rezoning for McDonald's is located on Route 277 and will be presented to the Commission on May 5, 1982. Chairman Brumback inquired if the traffic problem has been addressed in regards to the McDonald's request. Mr. Horne stated that a preliminary site plan to be used at the rezoning has been submitted. It shows an entrance on Route 647 and Route 277. Mr. Horne stated that he has informed McDonalds that the entrance on Route 277 should be a one way entrance in order to maintain a circular flow of traffic and prevent backing out onto Route 277. Chairman Brumback commented that this area was a trouble spot as far as traffic in Frederick County. Chairman Brumback inquired if this problem could be addressed by the Planning Commission. Mr. Horne stated that the Comprehensive Plan Subcommittee has entered the second phase of the Transportation Section and are dealing now with specific intersections. Mr. Horne stated that one of the problem areas designated for study is the Route 647, 641, and 277 intersection. Mr. Horne noted that he has submitted a letter to Mr. Bushman of the Highway Department. Mr. Horne commented that there are legal limitations as far as what the Planning Commission can do at a local level. Mr. Horne explained that he is waiting for Mr. Bushman's reply to determine exactly what the Planning Commission can do. There 1527 -2- next ensued a discussion concerning the above mentioned intersection and what the Commission's options might be to help correct or improve the situation. Mr. Horne next explained that under conditional use permits pending, Robert S. Hawkins is requesting a change in the conditions on his conditional use permit. Mr. Horne stated that Mr. Hawkins is asking that the "storage of inoperable vehicles" condition be lifted. Mr. Horne went on to explain the circumstances behind Mr. Hawkins' situation. SUBDIVISIONS Subdivision Request of Nottoway Townhouse Project, 117 lots, in the Opequon Magisterial District. The Secretary read the background information. Mr. David Whitacre, Attorney, came forward and stated that he represented Mr. James L. Bowman, developer for Nottoway, Section II. Mr. Whitacre commented that this project has been in a planning and development stage for ten years because of technical difficulties. Mr. Palumbo asked if the townhouses were to be for rent or sale. Mr. Whitacre replied that they would be for sale. Mr. Palumbo next asked what the numbers printed on the lots represented on sheet nine of the plat. Mr. Horne explained that this figure was the lot size. Mr. Horne further explained that there is ten foot from lot line to lot line and this would be common area. Chairman Brumback next inquired if anyone wished to speak in favor or opposition to this request. Mr. Samuel Lehman asked if Nottoway would drain into the same sewage system as Fredericktowne. Mr. Lehman asked if this added sewage from Nottoway would compound the problem described by Wellington Jones of the Sanitation Department. 1528 -3- Mr. Horne felt the situation was an infiltration problem. He stated that Mr. Jones' department has made a lot of progress on correcting the situation. Mr. Golladay stated that he understood the situation only occurred during wet periods because of homeowners' sump pumps. Mr. Golladay commented that Mr. Jones had said it would be difficult to go into every home to check the sump pumps because a warrant would be needed. Mr. Horne noted that Nottoway Subdivision will be using a seperate line for sewage, although it will go to the same plant. Mr. Sluder stated he did not know the exact cause of the situation but the Sanitation Department did have a contract to make repairs. Mr. Golladay commented that there was much groundwater infiltration in the area. He stated that inspections were done and it was discovered that some laterals were not tied into the sewer line correctly and some lines were cracked. Mr. Golladay noted that these lines were resealed. Mr. Sluder noted that it does not take a very large leak to get hundreds of gallons of water leaking out per day. Mr. Kirk stated that he understood that the problem was presently being taken care of. Mr. DeHaven asked if this situation had received approval from the Sanitation Authority and Mr. Golladay replied that it had. Mr. Golladay next stated that due to the fact that this rezoning was approved in 1972, and the preliminary plat has been approved and the Planning Commission did not down zone this property at 1529 -4- its most recent downzoning, he would move for approval. This motion was seconded by Mr. Romine and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the Nottoway Subdivision Request, for 117 lots, in the Opequon Magisterial District. Discussion of Six Year R oad Improvement Plan Mr. Horne stated that with regard to the Six Year Road Improvement Plan, there is less of a time constraint than in the last few years. The Virginia Department of Highways and Transportation will be looking to the Planning Commission and Board of Supervisors for recommendations for the Plan. Mr. Horne also noted that there has been an increase in the amount of money he originally thought was available. He further noted that there will be funding set aside for the surfacing of non -hard surface roads in the Secondary Plan. Mr. Horne also commented that the Comprehensive Plan Subcommittee is currently working on the Transportation Section of the Comprehensive Plan and felt this Subcommittee should be used to work on the recommendations. Mr. Horne felt that this would coordinate the Six Year Plan with the Comprehensive Plan. Mr. Golladay next stated that the Comprehensive Plan Subcommittee would like the full Commission's input from the start. The Commission decided to discuss recommendations at the Tuesday night worksession. PUBLIC HEARINGS Zoning Map Amendment No. 003 -82 of Shirley Meade, requesting that .50 acres on Route 50 West, now zoned A -1 (Agricultural- Limited) be rezoned to B -2 (Business- General). 1530 -5- ACTION - Tie Vote The Secretary gave the background information. Mr. Horne read the letter submitted by Mr. Herbert Sluder of the Health Department. Mr. Sluder stated that the area referred to in the letter is that of the adjoining property owner. He stated that after putting together a soil analysis, he felt there was not enough area for a suitable drainfield to accomodate a restaurant. Mr. Sluder stated that as of this time he does not have a drainfield site, but if Mrs. Meade would get a backhoe in to dig deeper holes there may be a possibility of finding a suitable site. Mrs. Meade came forward and stated that she would get a backhoe in if it was necessary. In answer to Mr. DeHaven's question, Mr. Sluder stated that the drainfield would be in West Virginia. He added that he would have the authority in that area to enforce the correction of any violation. Mr. Myers stated that the staff feels this rezoning should be denied for reasons other than Health Department comments. Chairman Brumback next inquired if there was anyone in the audience who wished to speak in favor or opposition to this request. There was no one present wishing to speak. Mr. Golladay next read from the ordinance a list of establishments allowed in a B -2 zone. Mr. Golladay felt that the Commission could not act on this request until it was determined if Mrs. Meade could find adequate drainfield on the property and a definate comment was received by the Health Department. 1531 Mr. DeHaven asked Mrs. Meade what type business she had on the property at the present time Mrs. Meade replied that it was a small gift shop. Mr. DeHaven felt that this was not a spot zoning case since a business has been in this location for 20 years. In answer to Mr. Myers question, Mrs. Meade stated that the four trailers on her property were residences of her children. Mr. Golladay read the Commission's Spot Zoning Policy adopted on July 6, 1980, and amended September 3, 1980. He then read the Commission's policy regarding the completeness of an application being submitted for review by the Planning Commission, adopted March 18, 1982. There next ensued a discussion on the suitability of this area being rezoned to B -2 (Business - General). Mr. Myers next moved to deny this rezoning request based on the recommendations given by the staff. This was seconded by Mr. McDonald. The vote died due to a tie vote as follows:* YES: Messrs. McDonald, Myers, Brumback, Kirk NO: Messrs. Palumbo, Golladay, DeHaven, Romine *Mr. Stiles was not present at this meeting. Mr. DeHaven raised the fact that no one had appeared at the public meeting to voice their opposition to the rezoning. Mr. Horne stated that he did receive two letters from Rev. Russo who was in opposition. 1532 -7- Mr. Golladay next moved that the Commission pass this request to the Board of Supervisors along with a recorded vote and complete set of minutes for their action. This was seconded by Mr. DeHaven and the vote was approved by the following majority vote: YES: Messrs. Romine, Kirk, DeHaven, Golladay, Palumbo, McDonald NO: Messrs. Myers, Brumback BE IT RESOLVED, That the Frederick County Planning Commission does hereby pass to the Board of Supervisors rezoning request no. 003 -82 of Shirley Meade to rezone .50 acres from A -1 to B -2 with minutes and recorded vote because of a tie decision by the Planning Commission. Zoning Map Amendment No. 005 -82 of Robert D. & Janice M. Brown requesting that 1.489 acres zoned A -2 (Agricultural - General) be rezoned B -2 (Business - General). ACTION - Approved The Secretary gave the background information. Mr. Robert Brown came forward and introduced himself to the Commission. Mr. DeHaven inquired of Mr. Brown if he was able to make arrangements with Mr. Sluder. Mr. Brown replied that he had made arrangements. Mr. Palumbo inquired about the water saving devices. Mr. Brown explained that these would be faucets that cut themselves off and any other device that saves water. Chairman Brumback asked if there was anyone wishing to speak in favor or opposition to this request. Mr. William Lawrence came forward and stated that he operated the Clearbrook Woolen Shop located across the road from Mr. Brown. Mr. 1533 Lawrence stated that he is in favor of this application because it will bring more traffic to his business also. Mr. Lawrence stated that he does have one serious concern and that is the dust problem. Mr. Lawrence added that Mr. Brown's lot is unpaved and there is a tremendous amount of dust that circulates from that lot. Chairman Brumback asked if the dust problem could be addressed in the site plan. Mr. Horne stated that in terms of a dust -free surface or a paved surface, the ordinance does not call for one in this particular case because there are no parking spaces. Mr. Horne stated that a change in the gravel would have to be made to four to six inches of compacted "A "s. Mr. Brown explained that the dust is a problem for him also. He stated that he hopes to generate enough money to correct the problem. He explained that presently, he is not in a position to spend a great deal of money. Mr. Romine inquired as to how much time Mr. Brown needed to correct the situation. Mr. Brown stated that if he was successful with the rezoning request and if the site plan ends up being a workable arrangement, he intended to begin immediately. He stated that it would also depend on the Highway Department requirements. Mr. McDonald inquired as to the square footage of lot and driveway available. Mr. Brown stated that he did not know the square footage. He stated that the biggest part of the dust problem comes from the 15 foot of unpaved area between his property line and the State pavement. 1534 cm Mr. DeHaven next moved for approval. This was seconded by Mr. Kirk and passed unanimously. that housing was needed; the majority of persons realized that a BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve rezoning request no. 005 -82 of Robert D. & Janice M. Brown to rezone 1.489 acres from A -2 (Agricultural- General) to B -2 (Business - General) in the Stonewall Magisterial District. Discussion of Survey Results Mr. Horne felt that the results of the surveys were contradicting. He summarized the following points: people seem to favor County action to lower housing costs; the majority of people felt that housing was needed; the majority of persons realized that a conflict existed between agriculture and farming, but felt that agriculture was more important; the majority of people would not support actions by the County government on these issues, although they did realize a problem exists; people did seem to support actions by County government for economic development; there was a high level of support for the proposals for suburban areas; there was not a high level of support for the proposals in the rural areas. Mr. Horne felt that the majority of people did not trust the County government to put a fair and equitable system together that would not restrict their property rights. There next ensued a discussion by the Commission members on the results of the surveys submitted. Report of the Comprehensive Plan Subcommittee Mr. Golladay reported that the Subcommittee is nearing completion of the policy statements for the Transportation Plan. He 1535 -10- stated that the Subcommittee will next resume working on the Land Use Section. There being no further business to discuss, Mr. Golladay moved for adjournment. This was seconded by Mr. Romine and passed unanimously. 1536 Respectfully Submitted,