PC_12-17-80_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, 12/17/1980
PRESENT: C. Langdon Gordon, Chairman; James Golladay; W. French Kirk;
Manuel C. DeHaven; Kenneth Stiles; Herbert Sluder; Frank
Brumback, Vice Chairman.
CALL TO ORDER
The Chairman called the meeting to order. The first order
of business, the consideration of the minutes of 9 -3 -80. Mr. Kirk
made a motion to approve the minutes as presented. This was seconded
by Mr. Golladay and passed unanimously.
BIMONTHLY REPORT
In answer to Mr. Brumback's inquiry, Mr. Riley noted that
Delco Plaza Site Plan request is for a discount food store.
The Chairman accepted the Bimonthly Report as information.
SITE PLANS
Amended Site Plan Request of James F. Boyd, #005 -74, to construct a
20,000 sq. ft. roller skating rink, with 279 parking spaces and access
road.
ACTION - Tabled
The Secretary gave background information, noting there is
an existing right -of -way.
Mr. Robert Boyd came forward and noted that Mr. Solenberger
has agreed to let him use this access. Mr. Boyd also stated that he
would maintain access to a second lot.
Mr. Riley commented that combined entrances might minimize
the number of entrances on Route 7. Mr. Riley also noted that this
site plan is different than the one submitted in 1974.
Discussion with Mr. Boyd next ensued with regard to the
sixty foot entrance.
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Mr. Stiles commented that, so long as the Highway Department
approves the entrance, there is nothing the County can do.
Mr. Golladay next noted that 42,500 sq. ft. would be double
prime and seal for parking and questioned where the water would go.
Mr. Horne noted that this amount of parking is not
required.
Chairman Gordon commented that it is the general consensus
of the Planning Commission that there is concern with regard to safety
and the number of entrances on Route 7.
Mr. Stiles made a motion to approve this amended site plan
#005 -74. This motion died for lack of a second.
Chairman Gordon expressed a desire to hear a legal opinion
with regard to the approval of this site plan request since the
Planning Commission had a concern with regard to entrances.
At this point in the meeting, it was discussed and decided
that the subdivision request of Mr. Boyd should be considered before a
site plan request could be approved.
SUBDIVISIONS
Subdivision request of Mr. Robert H. Boyd, 2 lots, zoned B -2 in the
Stonewall Magisterial District.
ACTION - Recommend approval
The Secretary first gave background information, noting
that this land was previously divided into two five acre lots; but, at
the time of a sale of land to Winchester Mall, the parcels were
consolidated.
Mr. Robert Boyd commented that he had nothing to add.
Chairman Gordon next asked for anyone in opposition.
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Mr. Stiles questioned if a site plan can be approved without
a dedicated right -of -way?
At this point, Chairman Gordon postponed further discussion
of this request until after the Public Hearing.
CONDITIONAL USE PERMITS
Conditional Use Permit Request #018 -80 of Shirley Meade, to
re- establish a mobile home site which had been abandoned for a period
exceeding two years.
ACTION - Recommend approval with conditions
The Secretary first gave background information.
Mrs. Shirley Meade came forward and introduced herself to
the Commission.
In answer to Mr. Stiles' question, Mrs. Meade commented that
this trailer would be for her son to live in.
Mr. Riley stated that this request is in conformity with the
Ordinance.
There being no one present to speak in favor or opposition,
Mr. Brumback made a motion to recommend approval of this Conditional
Use Permit Request #018 -80. This was seconded by Mr. Stiles and
passed unanimously.
BE IT RESOLVED, that the Planning Commission unanimously recommend
approval of this Conditional Use Permit #018 -80 of Shirley Meade.
Conditional Use Permit Request #023 -80 of Jack & Norma Tindle,
requesting a home occupation /mail order parts, in the Gainesboro
Magisterial District.
ACTION - Approved with conditions
The Secretary first gave background information.
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The Secretary also requested that storage of vehicles be
considered when conditions are discussed for this request.
Mr. Jack Tindle came forward and introduced himself to the
Planning Commission.
In answer to Mr. Golladay's question, Mr. Tindle explained
that there would be no outside storage.
In answer to Mr. Stiles inquiry, Mr. Tindle noted that this
Conditional Use Permit Request is for a home he is considering for
purchase.
Chairman Gordon next asked for anyone wishing to speak
either in favor or opposing this request.
Mr. Golladay commented that he had received a telephone call
from an individual concerned because the road is not a State
maintained road to the property. Mr. Golladay also commented that 2
dusk to dawn lights have been installed, and the possibility of junk
cars being placed on the lot was also a concern.
In answer to Mr. Stiles' question, Mrs. Norma Tindle
commented that it could be possible that someone in the area might
come to the house to purchase a part.
Mr. Tindle commented that retail sales should be addressed
in the conditions.
Mr. Horne noted that there is adequate room for off - street
parking.
Mr. Stiles explained the possible conditions of this permit
to Mr. Raymond Edwards an adjoiner and member of the audience.
Mr. Stiles next made a motion to recommend approval of this
conditional use permit request #023 -80 with the following conditions:
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1. This is to be a one year permit, to be reviewed and re-
newed annually.
2. If the use, occupancy or ownership of the building
changes, this conditional use permit shall expire and a
new conditional use permit will be required.
3. No one shall be employed on the premises, except members
of the immediate family residing on the premises.
4.
There
shall be
no
outside storage.
5.
If the
nature
of
the business changes, additional
conditions may be required.
This was seconded by Mr. Brumback and passed unanimously.
BE IT RESOLVED, that the Planning Commission recommends approval of
Conditional Use Permit #023 -80 of Jack & Norma Tindle to the Board of
Supervisors with the conditions as listed herein.
Continuation of Boyd Subdivision Request
Mr. Stiles moved that the Boyd Subdivision Request for two
lots be approved. This was seconded by Mr. Brumback.
Chairman Gordon confirmed that there is no one present
wishing to speak in opposition.
This motion was then passed by a unanimous vote.
BE IT RESOLVED, that the Planning Commission recommends approval to
the Board of Supervisors of the Boyd Subdivision Request for two lots
as presented.
Continuation of Boyd Site Plan Request #005 -74
Mr. Stiles moved to table further discussion of this site
plan, requesting the applicant to amend the site plan to reflect the
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entrance to the property on the dedicated right -of -way that does exist
to the property.
This was seconded by Mr. Brumback and passed unanimously.
BE IT RESOLVED, that the Planning Commission unanimously moved to
table further discussion on site plan #005 -74 until applicant amends
site plan to reflect entrance to property on the existing dedicated
right -of - way.
Chairman Gordon next relinquished the chairman of the
meeting to Vice - Chairman Brumback for the consideration of the next
two items.
Consideration of Road Profile For Baker Lane Extension, Phase b and
II
ACTION - Approved
The Secretary first gave background information, noting that
the Virginia Department of Highways and Transportation is requesting
several changes.
in answer to Vice - Chairman Brumback's question, Fir. Riley
noted that this is being submitted to keep the Planning Commission
appraised of road construction in the County.
Mr. Ronnie Ward, representing Mr. J. P. Darlington, came
forward and explained that all of the changes on the road profile have
been met.
Mr. DeHaven made a motion to approve this road profile of
Baker Lane Extension, Phase I and II. This was seconded by Mr. Kirk
and passed as follows:
YES - Messrs. Stiles; Brumback; Kirk; DeHaven; Golladay.
ABSTAIN - Messrs. Gordon.
BE IT RESOLVED, that the Planning Commission does hereby approve the
Road Profile of Baker Lane Extension, Phase I and II.
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SUBDIVISIONS
Frederick Mall Subdivision Request, 11 lots, 3.5 acres, zoned B -2, in
the Gainesboro Magisterial District.
ACTION - Recommend approval
The Secretary first gave background information.
Mr. Harry Benham came forward and stated he represented
Frederick Mall. Mr. Benham commented that this subdivision is
basically the same as what was shown on a master plan several years
ago. Mr. Benham noted that the property to the east of the ridge
would be best used for non - retail uses, such as a wholesale use.
Mr. Stiles next asked if the three lots along Rt. 522 would
have access on Rt. 522.
Mr. Benham explained that those lots would have access on a
new street.
Vice - Chairman Brumback next asked for anyone wishing to
speak in favor or opposing this request.
There being none, Mr. Stiles moved to appproved the
Frederick Mall Subdivision Request for 11 lots. This was seconded by
Mr. DeHaven and passed as follows:
YES - Messrs. DeHaven; Kirk; Brumback; Golladay; Stiles.
ABSTAIN - Mr. Gordon.
BE IT RESOLVED, that the Planning Commission recommends approval of
the Frederick Mall Subdivision Request for 11 lots to the Board of
Supervisors.
Chairman Gordon, at this time, resumed the chairing of the
meeting.
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Harmer Orchard Subdivision request for 20 lots, zoned A -2 in the
Stonewall Magisterial District.
ACTION - Tabled for two weeks
The Secretary first gave background information, noting that
the Health Department recommends that lots 15 & 16 be combined due to
soil conditions.
Mr. Thomas Dickinson came forward and introduced himself to
the Planning Commission as representing Harmer Orchard Subdivision.
Mr. Dickinson explained that this request was filed before the
downzoning and that this subdivision request would have fit under the
prior zoning, R -3, as far as set backs, etc.
In answer to Mr. Brumback's question, Mr. Riley stated that
the Comprehensive Plan calls for open space in this area.
Mr. Stiles commented that good faith on the part of the
County would include hearing the case on the basis of the zoning at
the time the request was made.
Mr. Riley stated that the review process was lengthy because
this subdivision was not on water and sewer and the Health Department
had to evaluate individual lots.
Mr. Sluder added that there was a lot of work involved which
was time consuming.
Mr. Riley noted that a bond of $130,000 would be required
for road construction. Mr. Riley also noted that it was not the
intent of the staff or Health Department to delay this request, but
that an attempt to conscientously evaluate the situation was made.
Chairman Gordon questioned legal ramifications of possible
Planning Commission actions.
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Mr. Dickinson explained that it is felt that the applicant
has vested rights.
Mr. Stiles stated that there could not be any precedent set
since this was the only Comprehensive Rezoning.
Mr. Brumback commented that legal counsel should be
available to be fair to the Planning Commission, County and
applicant.
Mr. Stiles made a motion to approve this subdivision request
as presented with stipulation of Health Department recommendation and
Highway Department recommendation be adhered to and bond be posted,
since it was in compliance with the Subdivision Ordinance and Zoning
at time of submission. Mr. Stiles desired it also be noted that the
property was since downzoned and that this was the only request
pending during the Comprehensive Rezoning. This was seconded by Mr.
Golladay.
Chairman Gordon noted that he felt legal counsel should be
presented before a decision is made.
Mr. Brumback also noted concerned regarding a decision being
made prematurely.
Due to the concern expressed, Mr. Golladay retracted his
second and Mr. Stiles withdrew his original motion.
Mr. Stiles then made a motion to table further discussion on
this request until next meeting.
This was seconded by Mr. Kirk and passed unanimously.
BE IT RESOLVED, that the Planning Commission does hereby table further
discussion of the Harmer Orchard Subdivision Request until the January
7, 1981 meeting of the Planning Commission.
There being no further business to come before the Planning
Commission, Mr. Golladay made a motion to adjourn. This was seconded
by Mr. Kirk and passed unanimously.
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Respectfully Submitted,
John R. Ri ey Sec etary
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