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PC_06-18-80_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, June 18, 1980. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; W. French Kirk; Manuel C. DeHaven; James Golladay, Jr.; Kenneth Stiles; Herbert Sluder. ABSENT: Elmer Venksoske CALL TO ORDER The Chairman called the meeting to order. The first order of business being the consideration of the minutes of May 7, 1980. Mr. Kirk suggested that on page 7, paragraph 3, "the" be inserted before the word "policy ". 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 Mr. Golladay's question, Mr. Horne noted that both Mr. Weaver's and Mr. Adam's conditional use permit requests are for home occupations in accessory structures in.the Stonewall Magisterial District. Chairman Gordon accepted the Bimonthly Report as information. Chairman Gordon next noted that the Roadway Express Site Plan and the 84 Lumber Site Plan will be considered after their respective public hearings. DISCUSSION OF TENANT HOUSE DEFINITION Mr. Horne noted that this definition needs to be clarified to aid the staff in making determinations for this type of request. Mr. Golladay commented that it was always his impression that a tenant house was for those people working on the farm and for no one else. Mr. Stiles explained that this all came about with regard to how many of these homes would be allowed on a farm, noting that there is nothing in -the Code that says a lot has to be subdivided. 1069 Planning Commission Minutes -2- 6/18/80 Mr. Stiles further stated that people who work on farms look for a place to live. DISCUSSION OF RIGHT -OF -WAY PROPOSED AMENDMENT CHANGE Mr. Stiles first asked why major and minor streets for sub- division are defined as being 80 and 60 feet? Mr. Horne explained that this is a Highway Department require- ment. Mr. Horne further explained that the proposed ordinance changes presented today are designed to help the staff with questions that are continually cropping up in the office. Mr. Golladay noted being concerned with the time spent by the Planning Commission in "plugging holes" Mr. Horne stated that the subdivision ordinance is going to be very important in the coming years and needs some work. Mr. Horne commented that the proposed amendment changes should give the staff more time to work on these ordinances. Mr. Brumback suggested that the staff come up with an Agricultural Zone,as such, eliminating open land, etc. D ISCUSSION OF CHANGE TO "AMENDMENTS TO CHAPTER ", Section 21 -5 Mr. Stiles stated that this proposed ordinance amendment is an invitation for law suits. Mr. Stiles questioned how you can tell a man he cannot withdraw a request for rezoning and noted that statements used in the text are not defined anywhere in the ordinance such as "Spot zoning" Mr. Golladay suggested that each section have a policy statement. Mr. Stiles commented that he did not want a situation where the staff tells people what the Planning Commission is going to approve or disapprove. Mr. Golladay made a motion that the foregoing proposed amendment changes be tabled and considered at a worksession. This was seconded by 1070 Planning Commission Minutes -3- Mr. Kirk and passed unanimously. 6/18/80 BE IT RESOLVED, that the Planning Commission does hereby table further discussion of the proposed ordinance amendments until the next worksession. Mr. Brumback suggested that a policy statement be adopted by the Commission to enable the public to better understand the Commission's feelings with regard to rezoning. PUBLIC HEARINGS REZONINGS Request for Rezoning by 84 Lumber Company, No. 006 -80, from B -2 to B -3, in the Stonewall Magisterial District. ACTION - Recommend Approval Mr. Horne first gave background information, noting that the destruction of the well no longer was a condition of the Health Department. Mr. Horne also explained that an updated site plan showing the access is available and distributed copies to the Commission members. Mr. Stiles, reporting on the recent meeting with 84 Lumber representatives, explained that it has been agreed that access will be shown to the B -2 zoned property through the property that is up for rezoning. Mr. Stiles noted that a right -of -way to the B -2 zoned property would use the same entrance as the 84 Lumber property and commented that justification could not be made for leaving a parcel of land only served by an access through the middle of the McDonald's parking lot. Mr. Dave Darchuk next introduced himself to the Commission and noted agreement with the feeling that all problems have been resolved. Mr. Brumback made a motion that this rezoning be approved. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission unanimously recommends approval of this rezoning application, No. 006 -80 to the Board of Supervisors. 1071 Planning Commission Minutes -4- --------------- - - -- SITE PLAN 6/18/80 Request for Site Plan approval by 84 Lumber Company, No.O09 -80, to locate a retail sales store, in the Stonewall Magisterial District. ACTION - Approved Mr. Horne first gave background information. Mr. Sam Lehman asked if the fire departments had been contacted with regard to fire protection of an establishment of this type. Mr. Horne noted that they had not been contacted. Mr. Stiles explained that this would be on public water and sewer and explained that fire protection was existing for the residents in this area.. Mr. Stiles next made a motion that this site plan be approved as presented, subject to the approval by the Board of Supervisors of the rezoning.application. This was seconded by Mr. Brumback and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby approve the site plan of 84 Lumber Company as presented, subject to the Board of Supervisors' approval of the rezoning application. CONDITIONAL USE PERMIT Request for a Conditional Use Permit for Roadway Express, Inc., No. 002 -80, for a freight terminal, Back Creek Magisterial District. ACTION - Recommend Approval /with conditions Mr. Horne first gave the background information. Chairman Gordon explained that this conditional use permit had been tabled from the previous meeting. Mr. Bob Mitchell, representing Roadway Express, Inc., came forward and introduced himself to the Commission and presented a site plan 1072 Planning Commission Minutes -5- for reference by the Commission. 6/18/80 Mr. Sluder commented that the Health Department now had no problem with the drainfield site. In answer to Mr. Golladay's question, Mr. Horne explained the difference between the site plan submitted at this meeting and the one submitted previously as being the location of the terminal and the increase in screening. Mr. Love, representing Roadway Express, introduced himself to the Commission and further explained that the screening addition and the elimination of the front drive - around are the major changes. Mr. Love also noted that the building has been moved closer to the rear of the property and the expansion possibility has been decreased. Chairman Gordon next asked for a legal opinion from Mr. Ambrogi with regard to this conditional use permit. Mr. Ambrogi explained that an M -2 zoning classification permits a truck terminal and the Planning Commission may have a conditional use permit for it; however, in denying a conditional use permit you are saying that there can be a terminal without a conditional use permit. In answer to Mr. Stiles' question, Mr. Ambrogi commented that there is no way to prevent this truck terminal. Mr. Stiles explained that an Attorney General's opinion cannot be sought unless an individual did not agree with Mr. Ambrogi's opinion. Mrs. Cheryl Willingham next came forward and introduced herself to the Commission and requested that the Commission ask for a ruling by the Attorney General regarding Mr. Ambrogi's interpretation. Mrs. Willingham next presented a letter of opposition to the Commission. Mr. Stiles made a motion to accept this letter as part of the minutes of this meeting. This was seconded by Mr. Kirk and passed 1073 Planning Commission Minutes -6- unanimously. 6/18/80 BE IT RESOLVED, that the following letter of opposition was unanimously accepted by the Planning Commission and made a part of the minutes. 6/16/80 To Whom It may Concern This letter is in behalf of Frances and Asa Smith of Shawnee Drive who are unable to attend because of an earlier committment. When we purchased our home April 2, 1966 there was no zoning for industry, from Rte. 11 to railroad crossing, was residential only. We have a bad water problem when it rains. We have a bigger traffic problem trying to get out of our drive way. We are both retired and would like to live the rest of our life with as much peace and quite as possible. A big truck terminal with trucks coming and going 24 hours a day. The extra noise we..do not need. Have talked to several truck drivers and they have stated there are always trucks coming and going at any terminal small or large dropping trailers and picking up other ones. I like to lay in the sun and do not wish to have a lot of strange people looking at me. My husband and I have worked hard for what we have. Do not wish my property appraisal to go down as we need all we have put into it, not less. Would like for you to think about the little people not just the people with lots of money. We are taxpayers and voters too. s /Frances Smith s /Asa Smith Mr. Stiles next questioned why this area was not considered for downzoning during the downzoning meetings. Mr.- Marshall Glass next came forward and introduced himself to the Planning Commission. Mr. Glass stated that even the planning and zoning experts admit that this is inappropriate zoning and further commented that no one wants a truck terminal in front of their house. Mr. Glass next requested that every possibility be explored before a decision is made, 1074 Planning Commission Minutes -7- 6/18/80 since there appears to be some question with regard to interpretation of the code. Mr. Glass also expressed that, if a decision is made here today, the conditions placed on this permit be such as to protect the adjacent neighbors. Mrs. Elizabeth Glass stated that the landowners want the area to remain residential and also stated that Mr. Ambrogi's legal opinion should be investigated if there is some doubt. Chairman Gordon acknowledged the Commission's understanding of Mr. Ambrogi's legal opinion with regard to this conditional use permit and further noted that the Commission will try to place proper conditions on this permit. Mr. Brumback stated that this property has been here for years zoned M -2 and noted that some M -2 uses are far worse than this proposed use. There being no further citizens to appear in opposition, Chairman Gordon next asked if the petitioners wished to speak in rebuttal. Mr. Mitchell noted that he declined making any further comments at this time, but would answer any questions the Commission might have. In answer to Mr. DeHaven's question, Mr. Sluder explained that the drainfield could accommodate perhaps twice the employees anticipated today. Chairman Gordon next questioned if there would be any way of limiting the size of the permanent structure? Mr. Horne noted that this limit could be made a part of the conditions on the permit. Mr. Stiles next questioned the hours of operation. Mr. Randy Cree of Roadway Express explained that the operation would be from 4:30 a.m. to 6:30 p.m. on certain days and from 6:30 a.m. 1075 Planning Commission Minutes -8- 6/18/80 to 7:30 p.m. on others, seldom on Saturday, never on Sunday, and during the night perhaps one trailer would be left at the terminal. Mr. Stiles commented that this is virtually a 24 -hour a day operation. Mr. Mitchell explained that the terminal is not open 24 -hours a day and that trailers will only be left during the night on an average of one to three trailers per night. Mr. Love explained that the trailers will be more than 300' from the nearest residence and that Shawnee Drive will not be any more overburdened than it is now. Chairman Gordon summarized the Commission's concerns for the residents as being the trucks starting and stopping during early morning hours. Mr. Love commented that the ordinance specifies reasonable conditions of operating hours and questioned how hours can be restricted for Roadway when they are not for Gabler Trucking. Chairman Gordon explained that Gabler Trucking is under a grandfather clause. Mr. DeHaven stated that now is the time to give the neighbors the protection they should have, during the decision making process with regard to the conditional use permit. Mr. Golladay next made a motion to retire into executive session to discuss legal matters. This was seconded by Mr. Kirk and passed unanimously. BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby retire into executive session to discuss legal matters. Mr. Brumback made a motion to return to regular session. This was seconded by Mr. Golladay and passed unanimously. 1076 Planning Commission Minutes -9- 6/18/80 BE IT RESOLVED, that the Planning Commission for the County of Frederick does hereby return to regular session. Chairman Gordon noted that during the executive session the legal aspect of possible conditions was discussed. Chairman Gordon also noted that the discussion is now limited to the Planning Commission members. After much discussion and deliberation, Mr. Brumback made a motion to recommend approval of this conditional use permit with the following conditions: (1) Adequate screening along the front and sides of the property shall be installed and maintained by the occupant; (2) Directional lighting shall be installed in such a manner as to direct light away from all adjacent properties; (3) Storm water runoff shall not exceed pre - development runoff rates; (4) If the use is discontinued, or occupancy of the building changes, this conditional use permit shall expire and a new conditional use permit will be required; (5) This is a five year conditional use permit to be reviewed by the staff and Planning Commission annually; (6) This parcel shall not be used for ingress and egress to any other parcels; (7) There shall be no truck traffic in and out of terminal or on terminal property between 10:00 p.m, and 6:00 a.m., Monday through Saturday with no Sunday operations; (8) Expansion is limited to a total building size of 7,133.5 square feet. This was seconded by Mr. Stiles. Mr. Mitchell commented that the hours of operation are unreasonable for a trucking terminal and, if adopted by the Board, would not be a valid action. Mr. Stiles stated that it is the Planning Commission's position that it is valid to attach hours of operation because of the proximity of this proposed terminal to, a residential area and to protect those residents from encroachment, etc. Mr. Horne noted that annual review would only be for those 1077 ;Planning Commission Minutes -10- 6/18/80 conditions placed and not to add additional conditions. The Chairman next called for the question and the vote was unanimous to recommend approval with conditions. BE IT RESOLVED, that the Planning Commission unanimously moves to recommend approval of conditional use permit No. 002 -80 of Roadway Express, Inc., with the foregoing conditions to the Board of Supervisors. Mr. Stiles next formally requested the staff to begin some revisions to the M -2 section of the Ordinance. Request for Site Plan approval by Roadway Express, Inc., No. 006 -80, 3.6 acres, in the Back Creek Magisterial District. ACTION - Approved Mr. Horne first gave background information, noting that five foot white pines are suggested on six foot centers for screening. Mr. Mitchell noted having no concern with the requirements on the staff report. Chairman Gordon noted that the site plan as presented is for only the 3500 square foot terminal and that the change in the screening would need to be included on the site plan. Mr. Brumback made a motion that the site plan be approved as amended. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, that the Planning Commission unanimously approved the Site Plan as amended. There being no further business to come before the Planning Commission, Mr. Golladay moved the meeting be adjourned. This was seconded by Mr. Kirk and passed unanimously. Resp tfully Submitted, Jo R. Ri y, ary C. a on Gordon, Chairman 1078