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PC_08-18-82_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on August 18, 1982. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Carl M. McDonald; Kenneth Stiles; A. L. Myers; Manuel DeHaven; W. French Kirk; George L. Romine ABSENT: M. Domenic Palumbo CALL TO ORDER Mr. Golladay, acting as Chairman in the absence of Mr. Brumback, called the meeting to order. The first order of business was the consideration of the minutes of August 4, 1982. There being no corrections, Mr. Romine moved for approval. This motion was seconded by Mr. Myers and passed unanimously. BIMONTHLY Mr. Gyurisin reviewed the Board of Zoning Appeals variance applications. In answer to Mr. Golladay's question, Mr. -Horne stated that Eldon Lindsey was requesting a rezoning from A -2 to B -2. He noted that the rezoning was for frontage along Route 735. Mr. Golladay next accepted the Bimonthly Report as information only. SUBDIVISIONS Preliminary and final plat for Greenbrier Subdivision, Section I, for 66 lots, zoned R -3, Residential - General, in the Opequon Magisterial District. ACTION - Approval Mr. Horne read the background information and pointed out the exact location on a site plan. Mr. Horne explained that all lots in Section I front on interior roads. He stated that a major 1596 -2- drainage easement and drainage structure will be constructed and he pointed out the direction for this drainage on the site plan. He then stated that there will also be a large drainage swale in the area. Mr. Bruce Edens, engineer, came forward and introduced himself to the Commission. Mr. Edens stated that he met with Mr. Keith Walker of the Virginia Department of Highways and Transportation to discuss the lack of sufficient site distance for the entrance on Raven Road, due to humps on the state road, Route 647. Mr. Edens explained that moving the entrance would not help the situation and may even put this entrance too close to another intersection on the same road. He and Mr. Walker had agreed that the best alternative would be to lower the humps on Route 647. Mr. Edens noted that this intersection is in Section II and will not be serving any roads in Section I. Mr. Stiles then moved to approve the preliminary and final plats of Greenbrier Subdivision, Section I. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the preliminary and final plats of Greenbrier Subdivision, Section I, for 66 lots, zoned R -3, in the Opequon Magisterial District. The above resolution was passed unanimously. SITE PLANS Site Plan #013 -82 of McDonald's Corporation, zoned B -2, in the Opequon Magisterial District, for the construction of a McDonald's Family Restaurant. ACTION - Approval 1597 -3- Mr. Horne read the background material. He stated that the site plan had been revised since rezoning and the restaurant now fronts on Route 647 instead of Route 277. There will be a two -way entrance on Route 647 plus a one -way exit, as shown on the site plan. Mr. Horne noted that McDonald's is also proposing a two -way entrance /exit on Route 277. Mr. Horne further commented that there should be enough scrub area behind the restaurant to screen adjacent properties; but if not, McDonald's must supply the additional screening. Mr. Douglas Swift, attorney representing the McDonald's Corporation, came forward and introduced himself to the Commission. Mr. Swift noted that the Virginia Department of Highways and Transportation (VDH &T) has approved the site plan as it exists with the entrances and exits as shown. Mr. Randy Boone, representative for McDonald's Corporation, came forward and introduced himself to the Commission. Mr. Boone noted that they had re- oriented the restaurant on the site because they felt that this arrangement would give them the best exposure for interstate traffic. Mr. Boone stated that with this arrangement, they would not require the high -rise sign applied for with the Board of Zoning Appeals. Mr. Boone stated that they put the two -way entrance /exit on Route 277 because VDH &T had entitled them to a 30' curb cut at this location. Mr. Stiles asked if McDonald's could line up their entrance with an entrance of an adjacent establishment to minimize any traffic hazard. 1598 -4- Mr. Boone had no objection to this proposal, if the Highway Department required it. In answer to Mr. Romine's question on screening, Mr. Boone explained that he had met with adjoining property owners and had agreed that McDonald's would landscape the area with white pines, 10' on center, and staggered. Mr. Golladay commented that the adjoining property owners he talked with were concerned about headlights and parking lot lights. Mr. Boone replied that although the 16' parking lot lights can be seen, they do not throw off any backwash. Mr. Golladay asked if the area in the rear of the building would be mowed and Mr. Boone replied that he did not wish to create a maintenance area and would want to leave this area as is. Mr. Boone noted that Mr. Nerangis, the owner /operator, keeps his establishments maintained over and above the McDonald's standard and he felt sure Mr. Nerangis would do likewise with this restaurant. In answer to Mr. Golladay's question on signs, Mr. Boone replied that there will be a sign on Route 647 and only entrance /exit signs on Route 277. Mr. Horne next elaborated on the staff's proposal for a 15' temporary entrance on Route 277. Mr. Boone explained that a 15' entrance would not be wide enough for a tractor - trailer, bus, or other large vehicle to turn into off of a busy street. Mr. Boone also felt that temporarily splitting the curb cut would cause a problem because the construction of a wider entrance at a later date would interupt the business. Mr. Swift next stated that the VDH &T had the expertise regarding this matter and McDonald's is more than willing to do what 1599 -5- the VDH &T requires. Mr. Swift noted that if someone other than the Highway Department substitutes their judgement for matters in which the Highway Department has the expertise, then McDonald's would not be willing to go along with the requirements. Mr. Lawrence Ambrogi, Attorney for the Commonwealth, stated that, legally, the Planning Commission does not have the authority to regulate the size of an entrance or to regulate the directional flow through an entrance. Mr. Ambrogi stated that only the VDH &T would have the authority to do this. Mr. Golladay next asked if there was any one else present wishing to speak in favor or opposition to this request. Mr. Carl Merk came forward and stated that he was a property owner in the subdivision in back of the proposed McDonald's restaurant. Mr. Merk asked that McDonald's place a fence around their property to prevent pedestrian, bicycle, and motorcycle traffic from cutting through his property to get to McDonald's. Mr. Merk stated that there is much traffic going through his property presently, and he was afraid the traffic would increase once the restaurant opened. It was the general consensus of the Commission that it should not be the responsibility of McDonald's to erect a fence and even if the fence was placed around the property, this probably would not stop the pedestrian traffic from taking this shortcut to McDonald's. Mr. Stiles next moved to approve the McDonald's site plan with the entrance on Route 277 as specified on the site plan and with 1600 additional screening as needed. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #013 -82 of McDonald's Corporation, zoned B -2, in the Opequon Magisterial District, to construct a McDonald's Family Restaurant with entrances on Route 277 as specified on the site plan and with additional screening as needed. The above resolution was passed unanimously. At this point in the meeting, Mr. Brumback arrived and took over the chair. Discussion of Sewer Extension Request by Forest Lake Estates Mobile Home Park Mr. Horne stated that he had been contacted by Mr. Wellington Jones, the Engineer- Director of the Frederick County Sanitation Authority, regarding a request for sewer line extension to a proposed mobile home park. Mr. Horne stated that the proprietor of the Forest Lake Mobile Home Park, Mr. T. G. Adams, has requested that the Sanitation Authority allow him to extend lines from their existing sewered area in the Fredericktowne area to his proposed mobile home park immediately to the south of the Sherando Park, off Route 636. Mr. Jones stated that Mr. W. F. Kirk, Planning Commission's liaison for the Sanitation Authority, felt that the Planning Commission should make a recommendation to the Board of Supervisors on this matter. Mr. T. G. Adams came forward and stated that he originally had plans for his own sewer treatment plant for the mobile home park, so if he did not get sewer extension from the Sanitation Department, 1601 -7- he would still be able to operate. Mr. Adams felt that he and the County could work together for both's advantage since the Sanitation Department would have to extend lines to this area anyway for future subdivisions and the Sherando Park. He also noted that the County would have the benefit of the pump station he would build plus the revenue from all the connections. After much discussion, it was felt by the staff and the Planning Commission that sewer extension to this park would not be in the best interest of the County and the Comprehensive Plan. Mr. Golladay then moved that the Planning Commission recommend to the Sanitation Authority, through the Board of Supervisors, that this request for sewer extension be denied on the basis of the five reasons stated under Staff recommendations. This motion was seconded by Mr. McDonald. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend to the Sanitation Authority, through the Board of Supervisors, that the request for sewer extension by Forest Lake Estates Mobile Home Park be denied on the basis of the following: 1. The proposed area of development is outside of the area shown for intense residential development by the Comprehensive Plan. 2. Extension of these facilities would have to cross land which is currently not shown for intense development and is, in the opinion of the staff, not ready for intense development at this point. 3. There exists considerable amount of vacant, undeveloped land within the areas shown for intense development in the Comprehensive Plan and much of this land is currently being proposed for development, i.e. - subdivisions pending or approved and vacant lots within approved subdivisions. 4. Extension of these facilities to this mobile home park and connection of the approximately 325 units onto the system would use virtually all the existing excess capacity of the Stephens Run facility. There exists areas within the primary development area and within the areas shown for intense development in the Comprehensive Plan which will need that capacity to develop over the next few years. 1602 U-M 5. If Forest Lake Estates uses the excess capacity at the Stephens Run facility and the areas in the primary development area request that capacity, it will be necessary for the Sanitation Authority to build more capacity into the Stephens Run facility and the cost of that construction will have to be borne by the consumers of the sewer facilities and also will be borne, to a certain extent, by the general taxpaying public. The above resolution was unanimously passed. Discussion of the Capital Improvements Plan and the Comprehensive Plan Mr. Horne reported that the Capital Improvements Plan Subcommittee completed the final interviews on August 16. The Subcommittee will meet again on August 23 to prepare a full list of priorities. Mr. Horne commented that the Comprehensive Plan Subcommittee met on August 18 to discuss the Recreation Chapter of the Comprehensive Plan. He stated that the Subcommittee had also received a draft final copy of the entire package to be submitted to the Board of Supervisors. Mr. Horne then arranged for the next Comprehensive Plan Subcommittee meeting to be held on August 25, 1982, from 11:30 a.m. to 1:00 p.m. in the conference room. There being no further business to discuss, Mr. Golladay moved for adjournment. This was seconded by Mr. DeHaven and passed unanimously. Respectfully submitted, FYank Brunak, Chairman J n T. P. Horne, Secretary 1603