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PC_05-21-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, 5/21/80 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; W. French Kirk; Manuel C. DeHaven; James Golladay, Jr.; Kenneth Stiles; Herbert Sluder. ABSENT; Elmer Venskoske CALL TO ORDER The Chairman called the meeting to order. The first order of business, the consideration of the minutes of 4/2/80 and 4/16/80. Mr. Stiles made several.corrections as follows: Add Mr. Stiles as being present on page 1 of 4/2/80; page 18a, 4/2/80, last line, change "permissable" to "passable "; page 8, 4/16/80, change Mrs. Wilson's first name to read "Cyreal ". Mr. Kirk added that page 7, 4/16/80, paragraph 5 should read "if this was approved" and Mr.. Golladay suggested that on page 18a, 4/2/80, 3rd paragraph should read "average estimated tax is $165 ". There being no further corrections, Mr. Golladay made a motion that the minutes be approved as corrected. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT In answer to Chairman Gordon's question, Mr. Riley noted that most of the Multi- Family Townhouses approved for this year were in Ash Hollow Estates. In explanation, Mr. Riley noted that Louis H. Foltz's Site Plan is pending, waiting to see if the comprehensive rezoning proposal is approved. Chairman Gordon accepted the Bimonthly Report as information only. PRELIMINARY REVIEW OF R -6 ZONING REQUEST BY MR. HARRY STIMPSON Mr. Harry Stimpson explained that in 1972 they had 72 acres in R -3 and 9.76 acres in B -2 zoning for 224 townhouses, 64 apartments and 67 single family dwellings. Mr. Stimpson noted that before any building was done, in 1973, R -3 zoning lost the two family, the multi- family and the townhouse designations. Mr. Stimpson noted that at the request of the County a sixty foot road dedication has been made.and that he felt 1022 Planning Commission Minutes -2- 5/21/80 that mutli - family dwellings would be a good buffer between the residential zoning and the commercial zoning. Mr. Stimpson next pro- posed that the road be extended back, dividing a multi - family area into two sections of 28 units and 31 units. Mr. Stimpson noted a need for multi - family housing in this area. In answer to Mr. Brumback's question, Mr. Stimpson explained that this proposal constituted a downgrading of the number of units proposed in 1972, from 355 units to 163 units. In answer to Chairman Gordon's question, Mr. Riley commented that there would be approximately 4 single family units per acre. Mr. Riley next questioned the proximity of the units to the lagoon. Mr. Stimpson stated that he had hoped the lagoon would be upgraded. In answer to Chairman Gordon's question, Mr. Riley commented that this will have an impact on Route 277 but that traffic has been internalized somewhat. Mr. Brumback suggested that the traffic on Route 277 will need to be addressed. Chairman Gordon next asked the Commission what their informal feeling would be to R -6 zoning in this area. Mr. Stiles commented that he felt the R -6 zoning should be spread around the County and not concentrated in one area, noting that he could see no problem at all with this proposal. --------------- - -- SITE PLANS Request for Site Plan approval, No. 023 -78 amended, by Doug Toan, for an 800 sq. ft. office space and the elimination of two aprons. ACTION - Approved as amended IM23 Planning Commission Minutes -3- 5/21/80 Mr. Riley first gave background information, noting that the ' Health Department stipulated that the office not be occupied until connected to central water and sewer. Mr. Riley also explained that the only deletion would be the concrete aprons and that the addition would be for paved parking for the employees. Mr. Doug Toan next introduced himself to the Planning Commission and explained that the area between the buildings is all concrete. Mr. Toan noted that the concrete aprons, as on the original site plan, are not needed since the use of tow motors has been eliminated and also expressed that putting these areas to grass had'more esthetic value. Mr. Stiles made a motion to approve the site plan as amended to include the 20 X 40 foot office in front of the first building and to eliminate the concrete slabs on either end, with occupancy only after connection to central water and sewer. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby approve this site plan request as amended to include the 20 X 40 foot office in front of the first building and to eliminate the concrete slabs on either end of the buildings, with occupancy only after connection to central water and sewer. Request for Site Plan approval, No. 011 -75 amended, by Capitol Records, Inc., for expansion of Lacquer Disk Plant and Parking Lot. ACTION - Approval Mr. Riley first gave background information, noting that staff recommends approval. Mr. George Harrisson and Mr. Wayne Saunders next came forward and noted that a section of building was going to be added to store drums of material used in processing. Mr. Harrisson also noted that a section of the parking lot was also to be added. 1024 Planning Commission Minutes -4- 5/21/80 Mr. Brumback made a motion that this site plan as presented be approved. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby approve the amended site plan request as presented by a unanimous vote. Request for Site Plan approval, No. 015 -78 amended, by Tire Distributors, Inc., for a 5,000 sq. ft. building addition. ACTION - Approved Mr. Riley first gave the background information. Mr. Henry Bitner, Tire Distributors, Inc., came forward and introduced himself to the Commission. In.answercto Mr. DeHaven's question, Mr. Bitner explained that only -the recapping process will be moved to Frederick County, not the retail sales. Mr. Riley stated that more parking will be required if the use changes. Mr. Kirk made a motion that this amended site plan be approved with the provision that, if need be, the parking spaces be expanded. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby approve the amended Site Plan as submitted by a unanimous vote. Request for Site Plan approval, No. 001 -78 amended, by McDonald's Corporation, to locate a caboose for a party room' ACTION - Approved Mr. Riley first gave background information. Mr. Alex Sparrow next introduced himself to the Commission and explained that this caboose was purchased as a promotion for the community and noted that it will be totally restored for meetings and parties. 1025 Planning Commission Minutes -5- 5/21/80 In answer to Mr. DeHaven's question, Mr. Sparrow commented that this caboose will seat approximately 28 people. In answer to Mr. Stiles' question, Mr. Sluder noted that the Health Department would see no problem with there being no facilities in this caboose, as there were facilities in the nearby main building. Mr. Stiles next asked if the McDonald's Corporation would ever seek a liquor license. Mr. Sparrow answered no. Mr. DeHaven next made a motion to approve this amended site plan. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission unanimously approves this amended site plan request by McDonald's Corporation. PUBLIC HEARINGS REZONINGS Request for rezoning by Albert L. Nicholson, No. 003 -80, from A -1 to M -2, Back Creek Magisterial District. ACTION - Recommend approval with stipulation Mr. Riley first gave background information. Chairman Gordon noted that this is a re- petition of what has been heard previously and noted that any person wishing to speak would have the opportunity. Mr. Albert Nicholson came forward and introduced himself to the Planning Commission. Mr. Nicholson noted that he did not plan on doing any blasting and also noted that there is a need for this sand since this type of sand must be hauled from long distances. Mr. Nicholson'noted that the area to be mined is away from Gravel Springs watershed and explained that he will work with the Extractive Manufacturing 1026 Planning Commission Minutes -6- District and all State requirements. 5/21/80 In answer to Chairman Gordon's question, Mr. Nicholson explained that the sand deposit covers 3/4 of the 107 acres of Parcel D. Mr. Riley next introduced letters received by the Department which were addressed to the Planning Commission. Mr. Stiles made a motion that the letters be made a part of the minutes. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, that the Planning Commission unanimously moved to make a part of the minutes all letters presented to the Planning Commission regarding this rezoning petition. (These letteis,`,in their entirety, follow the typed minutes) Mr. Stiles next made a motion that the letter received from Mr. Timothy J. Maloney regarding the suitability of the sand available be made a part of the minutes. This was seconded by Mr. Brumback and passed by the following vote: YES - Gordon, Brumback, Kirk, Golladay, Stiles NO - DeHaven BE IT RESOLVED, That the letter received from Mr. Timothy J. Maloney regarding the suitability of the sand available on the Brill property hereby be made a part of the minutes. (This letter,.in its entirety, follows the typed minutes). Mr. Larry Cook next came forward and introduced himself to the Commission and stated that the sand from Unisil and Berkeley Springs is not a good masonry sand since it is too sharp. Mr. Cook noted that he was not for or against this rezoning and explained that he has a lease on the first 17 acres which was refused a rezoning in 1978. Mr. Cook also commented that, if this rezoning takes place, he will also request a rezoning on the 17 acres. Mr. Cook, commenting on the letter from Mr. Maloney, noted disagreement stating that finer sand makes better masonry sand. Mr. Cook further defined his lease as being adjacent to the 14 acres now in question. 1027 Planning Commission Minutes -7- 5/21/80 Mr. Bruce Downing came forward and introduced himself to the Commission, noting he was representing Mr. & Mrs. Ross Farrar. In clarification, Mr. Downing noted that the two leased parcels would make a total parcel of thirty -one acres. Mr. Downing noted that this rezoning request seems to be the first of several rezoning applications which are of concern to all the residents in the area. Mr. Downing stated that, after reviewing the leases, the access to the parcel being considered could be opposed by Mr. Cook. Mr. Downing next commented that all the problems regarding this rezoning request have not yet been addressed. Mr. Downing also presented a petition signed by thirty -nine (39) local residents in opposition. Mr. Downing additionally contended that residents in the area purchased in the vicinity because it was an agricultural area. Mr. Downing next asked that the Planning Commission support the residents and the opinion of the staff with regard to this rezoning request. Mr. Richard Neff, a resident of Star Tannery, next came forward and introduced himself to the Commission. Mr. Neff commented that the Planning Commission has before it the choice of letting people continue to take sand off the way they have been doing for the last year !'or you tan open up a can of worms for this area -to become an eyesore for the residents who live in the area." Mr. Neff further commented that he understood a man's right to take sand off his own land, when it does not significantly disturb the land. Mr. Neff noted that most of the residents are in opposition to a strip mine that is going to include large acreage. Mr. Neff also stated that the staff has admitted they cannot monitor an operation of this type. 1028 Planning Commission Minutes -8- 5/21/80 Mr. Guy Renner, a landowner in Star Tannery, next came forward and introduced himself to the Commission. Mr. Renner noted no objection to the way the man is presently taking out the sand. Mr. Renner noted that the petition earlier presented was signed by citizens within a couple of miles of the area. Mr. Dennis Hupp, attorney, representing Mr.. Raymond Brill next came forward noting concern with the consideration of other leases and requesting that this rezoning be heard on its own merits. Mr. Hupp reiterated that Mr. Nicholson would be doing no blasting and stated that this operation would not be visible from neighboring points. Mr. Hupp summarized by saying that the interests of the neighboring landowners are not substantially jeopardized in any way and requested that the Planning Commission approve this petition. Chairman Gordon noted that the potential expansion of this mining is a concern of the Commission and questioned if future rezoning petitions in the same area-could be turned down if this was approved. Mr. Hupp suggested that the Planning Commission should only be considering the fourteen acres in question today, noting that the other seventeen acres might differ to some degree. Chairman Gordon noted that the Planning Commission must take into consideration good long -range planning. In answer to Mr. Stiles' question, Mr. Nicholson stated that he did not intend to cross Mr. Cook's leased property with an access. Mr. Nicholson next commented that his rezoning petition should be considered separately from that of any future petition by Mr. Cook. In answer to Mr. Neff's question, Chairman Gordon acknowledged that the Planning Commission is responsible for policing. 1029 Planning Commission Meeting -9- 5/21/80 Mr. Stiles further explained that the staff does not go out looking for violations but are very responsive to citizen complaints. Mr. Stiles also explained that the Department of Mines would also have jurisdiction over what Mr. Nicholson would be doing. Mr. DeHaven noted that there could be no control over the Brills using sand from this area. Mr. Horne explained that the question of degree comes into play and commented that an operation that continually hauls sand out would be an industrial use. Mr. Brumback then asked how the shale operations would relate to this. Mr. Horne explained that for a temporary operation only a land disturbing permit is required. Mr. Pangle noted that all mining of structural material requires a land disturbing permit. Mr. Pangle also stated that, after walking over the fourteen acres, he felt there would be engineering ways to address the environmental impact on the area. Mr. Horne explained that the consideration of the other 17 acres could be entirely different, taking into account the impact on Gravel Springs Run. Mr. Stiles next made a motion to retire into executive session to consider legal matters, seconded by Mr. Golladay and passed. BE IT RESOLVED, that the Planning Commission does hereby retire into executive session to consider legal matters. Mr. DeHaven made a motion to come out of executive session. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, that the Planning Commission does hereby return to 1030 Planning Commission Minutes -10- 5/21/80 regular session. Chairman Gordon commented that the real and legal concern of the Planning Commission is and has been the aspect of enlargement of this fourteen acres. Mr. Glenwood Nicholson came forward and introduced himself to the Commission. Mr. Nicholson stated that an acre of sand is a lot of sand and further noted that Albert Nicholson will do things right. Mr. Nicholson also noted that the Unisil sand and the sand from Berkeley Springs will not work for masonry purposes. Mrs. Melvin Moore next came forward and introduced herself to the Commission as representing the Gravel Springs Church and expressed concern with regard to the effect of the access road on the church. Mr. Brumback next explained that the Extractive Manufacturing District as proposed would eliminate the concern with regard to industrial zoning being in this area. Mr. Stiles made a motion that the Planning Commission recommend approval of the rezoning of fourteen acres as requested, with the understanding that it will be placed in the Extractive Manufacturing District should that District become a reality through the downzoning process. This was seconded by Mr. Brumback. Mr. Stiles commented that he felt this decision is one of the most difficult the Planning Commission and Board have faced. Mr. Stiles further explained that he felt it hard to tell a man he cannot make use of sand on his own property, taking into account that this sand exists in an isolated area and is not a threat to residents of Bushy Ridge. Mr. Stiles also commented that, before Mr. Nicholson could commence with the mining of this sand, he would need to obtain 1031 Planning Commission Minutes -11L 5/21/80 a conditional use permit which would allow the placement of conditions to protect the area. Mr. Stiles also noted that a site plan would also need to be submitted. Mr. Brumback noted one real reservation; this land could be sold tomorrow. Mr. Golladay called for the question. The wte was unanimous in favor of recommending approval of this rezoning request. BE IT RESOLVED, that the Planning Commission unanimously recommends approval of this rezoning request to the Board with the understanding that it will be placed in an Extractive Manufacturing District should that District become a reality through the downzoning process. SIX YEAR ROAD IMPROVEMENT PLAN By general concensus, the Planning Commission accepted the Six Year Road Improvement Plan as information. LORD FAIRFAX PLANNING DISTRICT COMMISSION RURAL MASS TRANSIT REQUEST Mr. Stiles made a motion that the Planning Commission recommend to the Board of Supervisors that they do not approve the application for grant funds for the Lord Fairfax Planning District Commission for a rural mass transit study. Mr. Stiles questioned the use of tax dollars for the study of mass transit in urban areas and noted concern with rural mass transit and its staggering costs to localities. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, that the Planning Commission unanimously recommends that the Board of Supervisors not approve the application for grant funds of the Lord Fairfax Planning District Commission for a Rural Mass Transit Study. �'� 1032 Planning Commission Minutes -12- 5/21/80 There being no further business to come before the Planning Commission, Mr. Golladay made a motion that the meeting be adjourned. This was seconded by Mr. Kirk and passed unanimously. Respectfully Submitted, Joh R. R' y , S cretary R €mod C. Lan on Gordon, Chairman 1033 RECEIVED MAY 0 1980 YA-1 72- 1034 . -14- RECEIVED ° ?^Y2 0 1980 jai 1 ­ 41; A oil x , �i ' � c 7ti Jul z- A x > h n 1035 -15- C�-JL ( trtTk i 1036 k ez. s r , i } y 3 N: sa I -16- RECEIVED MAY2 0 1980 l r / c /) 6 - / ��GSy 1037 -17- RECEIVED =;',Y 2 0 1980 0� // �) `U Cc, _ j X60 �117- a' - �- - U j� 1038 RECEIVED MAY 2 0 1980 �� / 4��� /t��L�J . 1,���� %�� ✓/�',j� .�LQ'L ✓C/l/GF/t . } Y r O W r z rsGt. � CK ENVIRONMENT'AS A NATURAL. RESOURCE Office Building � N--t ..' i ..tA� i a t, iti { izF r r t r -t rx' 25iai r r t r 5 r y ,: t 1 'ONE DE �`' �liatxns: In couple of -other ,people =some extra' -money ou are considering granting a heavy zndustri: in a purely, agrLCUltural °area re�were ci•itical like's debilit_atiF uch' extreme action might seem warranted'My ea` -has revealed' no community problem t being •ci valuat noise, dust and road deteriora mmunity surrounding the site is a plann'ing,t: s 'strip mine could { 'ea F Sily'trancend the preset xf I`;were to; apply >to build y- home,`you would - insist there be very.seriot t ;# Your-,commission -ion has..:o_ften indicated -'a de xck County agricultural t .ixIf youafeel ihclini the commu nit y'cA sponding toy P, i partment, Frank: >_rfax Dxstrxct=il ings 'much negati u wxllnottgrant y I rom c riance'from the tter =I'm sure on-tne aistrict ana ixttie De estor's rational for requesti statedagoals? .,Thank you'�fox ryrto -impartially` judge then istrict will be much:concerne 1 ?s UNTAIN FALLS ROUTE ,WINCHESTER VIRGINIA'22601703/87721 I solar E v Irdustrics Association /Yr�nia Sdar Etergy Aua:iation /New Metim Sdar Erergy Aiwuatwn � Sdar Archttetts Collaborit -20- RECEIVED ;'1",'� L 1 4 ,980 UZ P a �98n 654 � _ 77 �.% 1041 C RECEIVED 2 1042 7 -zz- v� RECEIVED :` , A ,':2' � ,spa 1I L . jzl� 1043 -23- A /a- -elk . ✓v "t" 1044 -24- -25- Qlassive Amt., products association Timothy J. Maloney, Executive Committee: John T. Schnebly, Chairman, Thermotech Vice- Chairman Corp. • Timothy J. Maloney, Vice - Chairman, One Design, Inc. One Design, Inc. Maxine M. Dotseth, Director, PSPA • Jim Aker, Martin Processing Inc. Mountain Falls Route John A. Effenberger, Chemical Fabrics Corp. /Birdair • John N. Harvey, . Winchester, Virginia 22601 CY /RO Industries • Bill Reikert, Berkshire Hathaway, Inc. • E. E. Scherb, .703 -877 -2172 Allied Chemical Corp. • Jon Wellinghoff, Legal Counsel, Sierra Energy Group John Riley 350 Endicott Building St. Paul, Minnesota 55 10 1 6i2- 222 -2508 ' 1046