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PC_01-07-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 1/7/81 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; James Golladay; Manuel DeHaven; W. French Kirk; K. Stiles CALL TO ORDER The Chairman called the meeting to order. BIMONTHLY REPORT only. The Chairman accepted the Bimonthly Report as information ELECTION OF OFFICERS - 1981 ACTION - Elect C. Langdon Gordon, Chairman Incumbent Chairman, C. Langdon Gordon, declared nominations open for chairman. The nomination of C. Langdon Gordon was made by Mr. Golladay and seconded by Mr. Frank Brumback. Golladay. Upon motion made by Mr. Brumback, and seconded by Mr. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby close the nominations for Chairman of the Planning Commission of the County of Frederick. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby duly elect C. Langdon Gordon as Chairman of the Planning Commission of said County. N The motion passed by the following vote: YES - Messrs. Kirk; DeHaven; Golladay, Stiles ABSTAIN - Mr. Gordon ACTION - Elect Frank Brumback, Vice Chairman Chairman Gordon declared nominations open for Vice - Chairman. 1215 - 2 - The nominations of Frank Brumback was made by Mr. Kirk and seconded by Mr. DeHaven. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby close the nominations for Vice - Chairman of the Planning Commission of the County of Frederick. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby duly elect Frank Brumback as Vice - Chairman of the Planning Commission of said County. The motion passed by the following vote: YES - Messrs. Kirk; DeHaven; Golladay; Stiles; Gordon ABSTAIN - Mr. Brumback Mr. Kirk next made a motion that the Planning Commission meet the first and third Wednesday of each month at 2:00 p.m., and the fourth Tuesday evening of each month at 7:00 p.m. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, That the Planning Commission meet the first and third Wednesday of each month at 2:00 p.m. and the fourth Tuesday at 7:00 p.m. LAND USE TAXATION Chairman Gordon next commented that the past year of 1980 was a successful year and noted that the relationship with the Board was excellent. Chairman Gordon noted concern with the Land Use Taxation issue. Mr. Stiles made a motion to request a written legal opinion from legal counsel regarding whether or not land use taxation can only 1216 -3- be applied to land zoned agriculture. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission does hereby request a written opinion from legal counsel with regard to land use taxation and whether it can be applied only to land zoned agriculture. Chairman Gordon next appointed Subcommittee to look into Land Use Taxation consisting of Messrs. Golladay, DeHaven and Stiles. LIAISON TO SANITATION AUTHORITY By general consensus, the Planning Commission requested that Mr. Golladay continue as liaison member to the Sanitation Authority. CAPITAL FACILITIES SUBCOMMITTEE APPOINTMENT Chairman Gordon next appointed a Capital Facities Subcommittee consisting of Messrs. Brumback, Riley, Kirk. SITE PLANS Site Plan Request No. 017 -80 of Delco Plaza Food Store, Shawnee Magisterial District. ACTION - Approved The Secretary first gave background information. Mr. Dave Smith of Cornerstone Construction Company came forward and introduced himself to the Commission. In answer to Mr. Golladay's question, Mr. Smith noted that this store would be like a Cresslers and that it hoped to be in by June. Mr. Stiles questioned if the parking and entrances of this mall were designed with the potential for this store. Mr. Horne explained that it exceeds the requirements now. 1217 -4- Chairman Gordon next called for anyone wishing to speak in favor or opposing this request. There being no one, Mr. Brumback made a motion that this Site Plan Request be approved as presented. This was seconded by Mr. Stiles and passed as follows: YES - Messrs. Gordon, Stiles, Brumback, Kirk ABSTAIN - Mr. Golladay BE IT RESOLVED, That the Planning Commission does approve Site Plan Reuqest No. 017 -80 of Delco Plaza Food Store as presented. VOTING PROCEDURE Chairman Gordon explained that it has been suggested that voting be taken at alternate ends of the Planning Commission and this agreed to by general censensus. SITE PLANS Site Plan Request No. 026 -77 (Amended) of Z &M Sheet Metal, Zoned M -1, in the Stonewall Magisterial District. ACTION - Tabled The Secretary first gave background information. The Chairman next asked for the petitioner to come forward; and when no one appeared for this request, Chairman Gordon explained that it is the Planning Commission's policy to not hear a request unless the petitioner is available. Boyd Site Plan Request No. 005 -74, 4.2 acres, Zoned B -2, in the Stonewall Magisterial District. ACTION - Recommend Approval The Secretary first gave background information. 1218 -5- Mr. Benjamin Butler came forward and explained that tie is representing Mr. Boyd and noted that Mr. Boyd and Mr. Solenberger are trying to work out an agreement on the temporary use of an existing right -of -way, with the new right -of -way being constructed by September 30, 1982. Mr. Butler next submitted an agreement outlining that Mr. Boyd would only use the temporary road until September 30, 1982 and further outlining the granting of easements to other lots. In answer to Mr. Brumback's question, Mr. Butler stated that additional use of this road could not be granted. Chairman Gordon commented that their concern was on Route 7. Mr. Butler explained that the road would be in the sixty foot right -of -way. In answer to Mr. Horne's question, Mr. Boyd stated that Lot 2B will be in joint ownership with his brother. Mr. Stiles made a motion to include in the minutes of this meeting, both the January 6, 1981 Memorandum from Mr. Robert H. Boyd and the Agreement between Mr. Robert H. Boyd and Mr. Solenberqer. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Planning Commission does hereby recommend that both the memorandum from Mr. Robert H. Boyd and the agreement between Robert H. Boyd and Mr. Solenberger be included in the minutes as follows: M E M O R A N D U M TO: FREDERICK COUNTY PLANNING COMMISSION FREDERICK COUNTY BOARD OF SUPERVISORS FROM: ROBERT H. BOYD DATE: JANUARY 6, 1981 1219 The undersigned, ROBERT H. BOYD, does hereby agree, in connection with the site plan heretofore submitted for the construction of a roller rink, that the following shall apply: 1. That the said Robert H. Boyd has entered into an agreement with John S. use over the temporary on or before September the subject property w attached plat drawn by 2. That the Solenberger and Company, road now serving the sub 30, 1982, a roadway will ithin a 60' right -of -way, Lee A. Ebert, C. L. S. said Robert H. Boyd will Inc. for the permissive ject property and that be constructed to serve as shown on the not grant an easement for ingress and egress from the 4.20 Acre tract shown on the said attached plat and that it is mutually agreed that the 60' R/W shown on the aforesaid attached plat is for the use and benefit of the 8.932 Acre tract and not for any adjoining parcels of land, including, but not limited to, that parcel designated 1.323 Acres, Parcel C on the aforesaid attached plat. ROBERT H. BOYD THIS AGREEMENT made and dated this 7th day of January, 1981, by and between JOHN S. SOLENBERGER AND COMPANY, INC., party of the first part, hereinafter called SOLENBERGER, and ROBERT H. BOYD, party of the second part, hereinafter called BOYD. WHEREAS, SOLENBERGER is the owner of a certain tract of land, lying and being situate along the North side of Virginia Route 7 in Stonewall Magisterial District, Frederick County, Virginia; and, 122'0 -7- WHEREAS, BOYD is the owner of a certain tract of land, containing 4.20 Acres, lying immediately North of the SOLENBERGER tract; and, WHEREAS, BOYD has, with the permission of SOLENBERGER, constructed a road leading from Virginia Route 7 over the SOLENBERGER tract of land and terminating on the land of BOYD and the parties wish to set forth certian understandings with respect to said road. NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom, the parties agree as follows: 1. That SOLENBERGER hereby grants a permissive use to BOYD over that certain roadway as now constructed and as generally located on the plat attached hereto and by this reference made a part hereof as if set out in full. Said permissive use shall be from January 1, 1981 until and including September 30, 1982. On September 30, 1982, all permissive use by BOYD over said roadway shall cease and, unless SOLENBERGER requests to the contrary, BOYD will restore the land over which the roadway passes (excluding the 60' right of way hereinafter mentioned) to the same, or substantially the same, condition that the land was prior to the installation of the road. 2. That on or before September 30, 1982, BOYD will construct a roadway over that certain right of way designated "60' R /W ", as shown on the aforesaid attached plat, and upon the construction of said roadway in the 60' R /W, the permissive use set forth in Paragraph 1 shall cease even though said date may precede the September 30, 1982 termination date contemplated herein. 1221 3. That the temporary roadway, for which permissive use is hereby granted, shall be tarred and chipped and in addition, BOYD will maintain the roadway, including the maintenance of the entrance and driveway now existing serving the SOLENBERGER store. BOYD also further agrees to cause the land immediately adjoining the roadway to be cleared of rubbish and debris which may from time to time be thrown or deposited there by quests of BOYD'S business establishment to be located on the 4.20 Acre tract. 4. That BOYD agrees to save harmless the said SOLENBERGER from any loss which may occur through the use of the roadway by third party individuals, unless said loss is occasioned by the negligence of SOLENBERGER, or its agents. 5. This agreement shall be binding upon the heirs, successors and assigns of the respective parties hereto. WITNESS, the following signatures and seals: JOHN S. SOLENBERGER AND COMPANY INC. a 1 4 (SEAL) ROBERT H. BOYD Mr. Stiles next made a motion to approve this Site Plan Request No. 004 -74 as presented with the inclusion of the two documents. This was seconded by Mr. DeHaven and passed unanimously. 1222 BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Site Plan Request No. 004 -74 as presented with the inclusion of the two documents. SUBDIVISIONS Colonial Heights Subdivision Request, 18 Lots, Zoned R -3 in the Stonewall Magisterial District. ACTION - Recommend Approval Mr. Norman Garrison and Mr. Bruce Edens, Surveyor, came forward and introduced themselves to the Planning Commission. Mr. Edens explained that this is on the north side of Valley Mill Road. In answer to Mr. Brumback's question, Mr. Garrison explained that there is a dwelling on each lot being requested for subdivision. There being no one present wishing to speak either in favor or opposing this request, Mr. DeHaven made a motion to recommend approval of this Subdivision Request to the Board of Supervisors. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Colonail Heights Subdivision Request to the Board of Supervisors. Harmer Orchard Subdivision Request, 20 Lots, Zoned A -2 (Agricultural- General) in the Stonewall Magisterial District. ACTION - Recommend approval Mr. Thomas M. Dickinson and Mr. Bruce Edens came forward and introduced themselves to the Planning Commission. In answer to Chairman Gordon's question, Mr. Edens stated that at this location, low density development would not change flood levels east of this location. 1223 -10- Mr. James Golladay made a motion to go into executive session to discuss legal matters under Section 2.1344.6 of the Frederick County Code. This was seconded by Mr. Brumback and passed unanimously. Mr. Stiles made a motion to return to regular session. This was seconded by Mr. Golladay and passed unanimously. Chairman Gordon next asked for anyone wishing to speak in favor or opposing this request. There being no one wishing to speak, Mr. DeHaven made a motion to recommend approval of this subdivision request since the application was on file prior to the downzoning and because vested rights are present. This was seconded by Mr. Stiles and passed as follows: YES - Messrs. Kirk, DeHaven, Golladay, Gordon ABSTAIN - Mr. Brumback BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of this Subdivision Request of Harmer Orchard. Z & M Sheet Metal Amended Site Plan Request No. 026 -77, for an 8,320 square feet addition for sheet metal fabrication, in the Stonewall Magisterial District. ACTION - Approval The Secretary first gave background information. A representative from Shockey Bros. next came forward and noted that he was representing the petitioner. Mr. Sluder noted having no problem with this request as the septic system is adequate. Mr. Horne next confirmed that the parking is based on fifteen employees. 1224 -11- There being no one wishing to speak either in favor or opposing this site plan amendment, Mr. Stiles made a motion to approve this request as presented. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Z & M Sheet Metal Amended Site Plan Request No. 026 -77. DISCUSSION OF HIGHWAY SAFETY AND SCHOOL ZONE MARKINGS Mr. Golladay next opened discussion regarding the past requests submitted to the Board with regard to the installation of flashing lights at Bass Hoover and Aylor Schools. Mr. Riley noted that this request could be taken to the Highway Safety Commission Meeting at their next quarterly meeting. By general consensus, the Planning Commission decided to forward such a request for consideration of installation of flashing lights in the school zone to the Highway Safety Commission. DISCUSSION OF LARGE LOT SUBDIVISIONS Mr. Stiles next opened discussion regarding the proposed large lot subdivision ordinance and questioned if this was to be a permanent ordinance. Mr. Riley explained that this was to be a temporary provision and also explained that there are presently two exemptions which are bonafide agricultural operations and the family variance. Mr. Stiles next noted that he violently opposes the way the ordinance is presently written, explaining that to subdivide would create more expense. 1225 -12 -- Mr. Horne explained tht the road standards would only be for internal development. Mr. Riley commented that he thought that the Planning Commission as a whole did not want a top limit. Discussion next ensued regarding the frontage ratio. Mr. Horne noted that you must write common sense, usable ordinance amendments. Mr. Horne also explained that the road requirements had been reviewed by the Highway Department. After a lengthy discussion, it was decided to discuss this topic further at the next meeting. There being no further business to come before the Planning Commission, Mr. Brumback made a motion to adjourn. This was seconded by Mr. Kirk and passed unanimously. Respectfully Submitted, ff "�► J: ... 1226