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
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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
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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.
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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
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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
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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,
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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.
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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
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