PC_06-02-82_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, June 2, 1982
PRESENT: Frank Brumback, Chairman; James Golladay, Vice Chairman;
Carl M. McDonald; Kenneth Stiles; A. L. Myers; Manual DeHaven; W.
French Kirk; Herbert Sluder
ABSENT: George L. Romine, M. Domenic Palumbo
CALL TO ORDER
Chairman Brumback called the meeting to order. The first
order of business, consideration of the minutes of May 5, 1982.
Mr. Golladay noted a typographical error on page nine, line
18.
Mr. Myers noted that on page six, fifth paragraph should
read, "...members of the Planning Commission who had visited the site
told..."
There being no further corrections, Mr. Myers moved for
approval. This was seconded by Mr. Golladay and passed unanimously.
The next order of business, consideration of the minutes of
May 19, 1982.
There being no corrections, Mr. Golladay moved for
approval. This was seconded by Mr. Myers and passed unanimously.
BIMONTHLY
Mr. Horne commented that the conditional use permit pending
for Joseph S. & Lynda H. DuBose was for a public garage on Rt. 522
North.
Mr. Gyurisin explained the upcoming Board of Zoning Appeals
applications.
SITE PLANS
Site Plan No. 006 -82 of Virginia Farm Market, zoned B -1, in the
Gainesboro Magisterial District.
ACTION - Approval
Mr. Horne read the background material and then pointed out
the location on the site plan. Mr. Horne stated that the proposed
addition is mostly to the rear of the building and to the north side.
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There is a proposed addition to the gravel parking area which would
extend north along Rt. 522.
Mr. Joseph Lizer, owner of the Virginia Farm Market, came
forward and introduced himself to the Commission.
Mr. Golladay was concerned that the parking area may need
to be paved in accordance with the existing zoning regulations.
Mr. Horne stated that the gravel parking area was present
prior to the existing ordinance and technically, any additions to that
parking space under the existing ordinance should be double sealed.
Mr. Stiles inquired if Mr. Lizer had commercial entrances
on the site according to the Highway Department.
Mr. Lizer stated that he did not. He stated that the entire
parking area is gravel and basically extends along the front of the
building on Rt. 522 and side of the building on Rt. 701.
Some of the members of the Commission were concerned that
the cost of the entrances may be overwhelming for such a small
business.
In answer to Mr. Golladay's question, Mr. Horne stated that
under staff recommendations, Mr. Lizer would not have to pave the
parking area because he is making a minor addition to the existing
gravel surface.
Mr. Lizer inquired if he could obtain approval to start a
footing if he met with the Highway Department's requirements.
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Mr. Horne replied that he would be able to get approval.
Mr. Myers next moved to approve the site plan. This was
seconded by Mr. Stiles and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the Site Plan Request #006 -82 of Virginia Farm Market
in the Gainesboro Magisterial District.
Site Plan #005 -82 of Horton /Cohoka Corporation, zoned B -2, in the
Back Creek Magisterial District.
ACTION - Approved
Mr. Horne read the background information and pointed out
the location on a site plan. Mr. Horne explained that there is a tar
and chip driveway between the entrance and the flea market. The
parking lot would serve both the fun cart track and the flea market.
Mr. Horne stated that it would be beneficial from a planning point of
view to coordinate the facilities on this site and this is the reason
for using a combined site plan for two seperate uses.
Mr. Richard Kaylor came forward and introduced himself to
the Commission.
Mr. DeHaven and Mr. Golladay were concerned that 46 parking
spaces may not be enough to serve two acres of flea market and a
go -cart track. They were also concerned about the traffic situation
on Route 11 South.
Mr. Stiles stated that provisions for additional parking
should be noted on the site plan.
Mr. Golladay inquired if subdivision of the lot would be
needed for the two seperate uses.
Mr. Horne replied that it would not because the flea market
is a seasonal use.
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Mr. DeHaven inquired of Mr. Sluder if the flea market was
entered on the site plan since the Health Department made its
recommendation.
Mr. Sluder replied that the flea market was on the site
plan when the recommendation was made; however, Horton /Cohoka
Corporation must eliminate one of the uses on the site, be it the
house, flea market, or go -cart track. He noted that the drainfield
will only accomodate two uses.
There being no one present wishing to speak further, Mr.
Stiles moved to approve the site plan with the stipulation that the
site plan show space for additional parking, if needed. This was
seconded by Mr. Golladay and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve site plan #005 -82 of Horton /Cohoka Corporation with
the addition on the site plan that additional parking may be required
if needed.
PUBLIC HEARINGS
Rezoning Petition #006 -82 of McDonald's Corporation consisting of
2.3500 acres zoned B -1 (Business- Limited) to be rezoned to B -2
(Business - General) in the Opequon Magisterial District.
ACTION - Approved
Mr. Horne read the background information.
Mr. Douglas Swift, attorney, came forward and stated that
he represented McDonald's Corporation and was present with Mr. Randy
Boone, Site Development Manager for McDonald's.
The Commission next discussed the site location.
Mr. Golladay inquired as to what type relations McDonald's
has had in the past with regard to being located in a residential
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subdivision and also, how does the McDonald's Corporation deal with
complaints.
Mr. Boone stated that complaints may range from litter to
noise or traffic and McDonald's has been able to address those and
work with its neighbors. Mr. Boone stated that McDonald's policies
range from what the Corporation says should be done to, more
importantly, what the owner /operator of that particular store feels
necessary. He further commented that the store will be owned by a
resident of this county. He further noted that McDonald's picks up
the trash and with regard to traffic, McDonald's feels that as a result
of the store design they do not add to the traffic of the neighborhood.
As to the hours of operation, McDonald's operates as long as there is
business to be had, for example, 7:00 a.m. to 11:00 p.m. Sunday through
Thursday; and longer hours on Friday and Saturday night. In answer to
Mr. Golladay's concerns about the restaurant being used as a
"hang- out," Mr. Boone stated that McDonald's does not allow this
activity and the owner would work with his customers to discourage them
from congregating and if this does not work, he uses whatever type of
police powers he has available to him.
Mr. Golladay inquired if there was a person to be contacted
if the owner /operator did not meet the standards set by McDonald's.
Mr. Boone stated that McDonald's Corporation owns the
facilities and leases them to the owner /operators. As a part of that
franchising agreement, there are certain standards that must be met.
These aspects are policed by area supervisors and field consultants
that work with the owner /operators. The owner /operator is graded on
these aspects so the store continually meets McDonald's standards.
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Mr. Boone further stated that if the owner /operator fails to keep up
these required standards, he is in default of his franchise and the
franchise will be pulled.
Mr. Stiles was concerned about the increased traffic
congestion. He stated that he was concerned about traffic coming out
of 647 and across the bridge, heading east on 277, with traffic
waiting to make a left turn off 277 into McDonald's.
Mr. Boone commented that McDonald's will take much traffic
from the interstate, however, the potential volume comes within a
three and a half mile radius of the average store. According to
McDonald's traffic studies done throughout the country, the
McDonald's store does not add to the traffic but takes from the
existing traffic that is on the road.
Mr. Stiles requested that Mr. Boone present at the Board
hearing, the number of vehicles per day McDonald's would normally
generate by a store on an interstate.
Mr. Stiles inquired as to whether McDonald's Corporation
would have any objection to designating on the site plan, should it
come before the Commission, to having traffic enter off of Rt. 647
and exit off of Rt. 277.
Mr. Boone stated that this concept would force the store to
operate in a non - standard manner of a typical McDonald's. Usually,
you would go in on the right side, the flow would go around to the
left side, and back out the front. Mr. Boone stated that this takes
into account the internal traffic circulation, and the cueing for the
stacking lanes going in the drive - through, etc. Mr. Boone added that
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McDonald's is very much willing to work with the staff to come up
with a solution suitable to both sides.
The Commission expressed much concern about the traffic
congestion at this intersection.
Mr. Horne stated that the Commission can restrict whether
the access is used as an exit or entrance -way on the site plan. He
stated that if the Commission is not satisfied with the traffic
pattern on the site, they have the option of not approving the site
plan. Mr. Horne noted that the internal design of the site will
dictate how the entrances and exits are used.
Mr. Ralph Combs next came forward and stated that he lived
in Plymm Owens Subdivision. Mr. Combs stated that he had no
complaint against McDonald's, but he was concerned about the drainage
and which way the water would run. Mr. Combs was also concerned
about lighting being directed towards his property. Mr. Combs had no
complaint about the proposed rezoning.
Mr. Glen Smith next came forward and stated that he lived
in Plymm Owens Subdivision. Mr. Smith stated that he was also
concerned about privacy and water drainage. He added that he had to
run a swale entirely around his house because of water runoff.
Mr. Stiles commented that Mr. Combs and Mr. Smith's
concerns would be addressed at the time of site plan consideration.
Mr. Golladay stated that he had talked with two adjoining
property owners and they had no problem with the rezoning. Mr.
Golladay next moved for approval.
This was seconded by Mr. Kirk and passed unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby approve the rezoning petition of McDonald's Corporation to
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rezone 2.3500 acres from B -1 (Business- Limited) to B -2
(Business - General) in the Opequon Magisterial District.
Commission Retir to Executive Session
Upon motion made by Mr. Stiles, seconded by Mr. DeHaven and
passed unanimously, the Frederick County Planning Commission does
hereby retire into executive session in accordance with Section
2.1- 344(a)(1) to discuss personnel matters.
Commission Withdraws F rom Executive Session
Upon motion made by Mr. Golladay, seconded by Mr. Kirk and
passed unanimously, the Commission withdrew from executive session.
Capital Improvemen Budget
Mr. Golladay moved that the staff issue a memo to James
White regarding figures for the Capital Improvements budget for the
upcoming year. This was seconded by Mr. DeHaven and passed
unanimously.
Adjournment
Mr. Golladay next moved for adjournment. This was seconded
by Mr. Kirk and passed unanimously.
Respectfully submitted,
Frank Brumback;'Chairman
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