PC_10-02-96_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on October
2, 1996.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice -
Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light,
Stonewall District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Richard
C. Ours, Opequon District; Robert A. Morris, Shawnee District; Jimmie K. Ellington, Gainesboro
District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto,
Winchester City Liaison; and Jay Cook, Legal Counsel.
ABSENT: S. Blaine Wilson, Shawnee District
STAFF PRESENT: Kris C. Tierney, Interim Planning Director; W. Wayne Miller, Zoning
Administrator; Eric R. Lawrence, Planner I; and Renee' S. Arlotta, Minutes Recorder.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES OF SEPTEMBER 18, 1996
Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker, the minutes
of September 5, 1996 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's information.
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COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 09/26/96 Mtg.
Mr. Moms reported that the DRRS continued with their discussion on the commercial
and corridor appearances along the entrances to the City of Winchester. He said that one of the good
things that came out of the meeting was suggestions that this be fully discussed with a wide variety
of community interests, such as the Economic Development Commission, the Chamber of Commerce,
landscapers, etc.
Economic Development Commission (EDC)
Mr. Romine brought the Commission's attention to a couple of reports generated by
the EDC. He said that one report is generated by the "Call Team," which is composed of retired
businessmen who regularly call on local industry. Another report is generated by the EDC staff and
describes the various contacts they make with local business and industry each month. Mr. Romine
said that he planned to make copies of the report for the Commission's information.
PUBLIC HEARINGS
Conditional Use Permit #012 -96 of Peggy Ruble to operate a shale mining business. This
property is located at 532 Hayfield Road and is identified with PIN 29 -A -22 in the Gainesboro
Magisterial District.
Action - Recommended Approval
Mr. Miller stated that the proposed mining area is a wooded ridge area consisting of
8.190 acres and borders a five -acre residential lot, zoned RA. He said that the house on this lot is
approximately 200 feet from an area of the proposed mining site where some shale has been removed
for repair work on the very long existing private road that accesses the property. Mr. Miller
explained that the commercial mining will need to be at least 100 feet from the boundary of the
residential property. Mr. Miller added that a new road will need to be constructed from the site to
North Hayfield Road (Rt. 600) prior to commercial operation and VDOT has requested that a
commercial entrance be installed.
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Mr. Miller added that the Planning Staff received a letter from John and Rodella
Watach requesting that the operation be screened from view. In addition, he said a number of
telephone inquiries were received, including one from a Ms. Susan French, an adjoining property
owner who stated that she was unable to attend the meeting, and that she was concerned about
precedent setting for future similar projects, the potential for erosion, and the scale of the operation.
The location of the marsh area was discussed. Members of the Commission asked if
the proposed operation was classified as a strip mine or a pit mine. Mr. Miller replied that this was
a ridge, and that Mr. Ruble has removed shale from the point of the ridge to repair his road. Mr.
Miller said that basically, this will be more of a strip mine than a pit. Mr. Fred Ruble, the applicant's
son, pointed out that the State will not allow a pit mine.
In response to questions concerning regulatory agencies, Mr. Miller said that mining
is regulated by the State Bureau of Mines. He said that the State Mining Inspector for this area is Mr.
David Cress, who does the permitting and periodic inspections.
Mrs. Peggy Ruble, the applicant and property owner, came forward to speak. Mrs.
Ruble said that they have a small beef cattle and hay - making operation. Mrs. Ruble said she and her
son, Fred, needed something else to generate income on their farm. Mrs. Ruble said that cattle prices
are low and she doesn't make much money from the farming.
Chairman DeHaven called for anyone wishing to speak either in favor or opposition
to the conditional use permit and the following persons came forward:
Mrs. Tina DeHaven, adjoining property owner, said that she and her husband,
Kenneth, are concerned about the destruction of her pond and surrounding marshland. Mrs.
DeHaven submitted a site investigation report which was done by Winchester Environmental
Consultants, Inc. on September 24, 1996. Mrs. DeHaven read the summary of the report, which
indicated that, "...the implementation of a shale pit would severely damage the habitat that has been
established on the DeHaven property... would include massive erosion, the loss of habitat for several
species of fish, birds, fresh water clams, and various other life forms organic to the area..." Mrs.
DeHaven also read a letter of opposition from her mother and father -in -law, Mrs. Mary I. DeHaven
and Mr. Kenneth S. DeHaven, who were not able to be present. Mr. and Mrs. Kenneth DeHaven's
objection was that soil erosion would destroy the pond and marshland, the noise and activity would
disrupt tranquil country living, and that wildlife would be affected.
Mr. Fred Ruble, Peggy Ruble's Son, stated that he was aware of the DeHaven's
concerns. Mr. Ruble said that he has three books of State regulations that must be adhered to before
and during operation and he assured the Commission that engineered drawings and approvals are
required. He explained that the State requires an approved operation plan and an approved
reclamation plan before he can even receive a mining permit. Mr. Ruble noted that the mine will be
inspected every six months. Mr. Ruble added that he owns the wetlands that Mrs. DeHaven is
speaking of and he also does not want that disturbed. He said that this will be a small operation - -he
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only has one bulldozer and one truck- -and he will not be doing any screening, crushing, or processing
of the shale. He further added that he and Mr. Cress have discussed methods to control sediment
run -off.
Mr. Warren Ruble, Fred Ruble's brother, stated that his home is located on top of the
bank from where the shale pit is located. Mr. Ruble said that his father and grandfather removed
shale from this area to fill holes along the creek many years ago. He said that there is an artesian well
within the wetlands, that they used for drinking water while farming. Mr. Ruble said that the road
will not cross the wetlands, they will be above the wetlands.
The Commission felt that it was possible to conduct this operation without bothering
the neighbors or disturbing adjacent properties. They were confident that the State agencies involved
would keep very close tabs on the operation.
Upon motion made by Mr. Light and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Conditional Use Permit #012 -96 of Peggy Ruble to operate a shale mining
business with the following conditions:
All review agency comments and Frederick County Zoning Ordinance requirements shall be
complied with at all times.
2. No commercial mining operation shall be allowed until the proposed road to service this
operation is constructed and useable.
3. A state mining permit shall be obtained and kept current as required by the Code of Virginia.
Upon motion made by Mr. Light and seconded by Mr. Ours, the Commission
unanimously voted to make the letters, reports, and photographs a part of the official record.
Land Use Plan for the Route 11 North Area from Interstate 81, Exit 317, to Clearbrook.
Among other things, the plan recommends the extension of the Sewer and Water Service Area
to encompass the study area and identifies needed road connections and improvements.
Action - Recommended Approval
Chairman DeHaven stated that he would not participate in discussing or voting on this
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subject because he owned property within the Route 11 North area. Mr. DeHaven turned the chair
over to Vice Chairman Marker.
Mr. Lawrence stated that in 1993, the County acknowledged a shortage of industrial
sites with rail access. Since that time, the Board of Supervisors directed the staff to develop a land
use plan for the Route I1 North area that would locate potential sites for future industrial
development. Mr. Lawrence said that the Comprehensive Plans & Programs Subcommittee, together
with the staff, held meetings with the public and joint meetings with the Planning Commission and
the Board and designated a 1,890 acre area from Route I I North, from the Route 37/11 interchange
on the southern edge, up to Clearbrook for a land use study. He stated that the plan developed
proposes numerous potential locations for industrial sites, while addressing other land use issues that
presently exist.
Mr. Lawrence reviewed the key features of the proposed plan with the Commission.
He also provided the Commission with cost estimates, provided by the Sanitation Authority, to
provide sewer to the residences of the Stephenson Community (180 residences), assuming a sewer
main was already inexistence up Route 11, along the railroad line. Mr. Lawrence said that it would
cost approximately $7,200, not including the tap fee or the fee to run the line from the sewer main
to the house. He estimated that it would be roughly $10,000 per household to hook onto sewer, if
it was available in that area.
Vice Chairman Marker called for citizen comments and the following persons came
forward to speak:
Mr. George Sempeles felt that the plan as presented had a lot of shortcomings,
especially if its main goal was to designate industrial areas for the County. Mr. Sempeles said that
he was in favor of running water and sewer up Route 11 to accommodate future growth, 20 -30 years
from now. He felt that industrial sites should be located away from the center of town and the area
surrounding Crown, Cork & Seal, Route 11, and the Stonewall Industrial Park. He pointed out that
the industrial areas designated in the proposed plan have access roads coming off them to keep traffic
off of Route 11. Mr. Sempeles asked who was going to pay for these roads and who was going to
give access to build these roads. He said that the County needs industrial sites now.
Mr. Sempeles continued, stating that not enough industrial areas have been designated
in the proposed plan for the County to have an inventory down the road. He said that Frederick
County lost an industrial prospect recently due to the lack of sewer, water, and other factors. Mr.
Sempeles said that a possible industrial area has been suggested north of Clearbrook, which
encompasses approximately 500 acres, and the majority of the landowners are willing to work with
the County and proffer to help get the industrial base built up.
Mr. Sempeles added that his third concern was the amount of water and sewer
available. He said that if there is a bottleneck with only 400,000 gallons per day available and sewer
can't be extended further than Clearbook, then not much has been accomplished. He said that several
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n .
million gallons a day will be needed to service that area for future expansion. He further added that
there are some good industrial sites proposed in the plan, but even with water and sewer, they are not
ready because access roads are needed to them now. He believed the County needed to look at
additional areas and incorporate them within this plan.
Dr. Raymond Fish, DVM, stated that he has been cooperating with other citizens in
the Stephenson/Clearbrook area for a number of months to encourage the County to extend the sewer
line in that direction. He ask that the County not take a short-range view of planning for this area
because it will cost more money in the long run and would restrict services the County could provide
to the property owners along the Route I 1 Corridor. Dr. Fish said that there are so many people in
the Stephenson area who need and who have been promised sewer service, some for 20 years. Dr.
Fish felt the estimated cost per household of $10,000 seemed outrageously high to ask of the average
property owner, especially those who are retired and living on a fixed income. He believed that if a
hard look was taken at the situation, some savings or relief could be given to the average homeowner.
Dr. Fish stated that government needs to take a hard look at what it can do for its
citizens besides regulate them. He urged the Commission not only develop some industrial land,
which the County sorely needed to improve the tax base and which could justify the expense of
running sewer service, but would provide for growth 20 -30 years in the future, rather than the next
five years. Dr. Fish suggested that the Commission not only look at the option of coming down the
railroad or Route 11 with the sewer line to serve that corridor, but also take a broader look at some
of the other industrial land that is available.
In conclusion, Dr. Fish felt it was unfortunate that the County was building a school
in this area on a drain field. He stated that if that money would have been put toward a sewer line,
it could have done a lot to relieve the proposed $10,000 tap fee per household. He added that it
sometimes seemed that County agencies are all going in different directions, instead of pulling in the
same direction.
Commission members asked Dr. Fish how he envisioned the effects of sewer and water
service on land use to the Route 1 I Corridor in the next 20 years. Dr. Fish said he would like to see
a continuation of what is there now, which is a mix of residential, small business, and small industry.
Dr. Fish felt this made more sense than building a large industrial park which creates traffic flow
problems. He said that some of these industrial parks start out well, but have a great risk of becoming
an industrial wasteland.
In reference to some of the comments that were made, Mr. Tierney said that the
Planning Staff sees this plan as a first step and is not the final answer to the County's industrial sites
needs by any means. He said that sewer is certainly a concern, however, the problem is how does the
County pay for it. He explained that as long as we are dealing with conventional sewage treatment
plants, the cost is prohibitive in some areas. He further explained that the plan as it is currently
drafted would at least clear some obsticals to getting sewer in that direction. He said that the sewer,
if it were to go up Route 11, brings sewer that much closer to Stephenson and reduces the cost of
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getting it to those residents. Mr. Tierney clarified that the $1.3 million dollar estimate assumes that
sewer is already up Route 11, so much more money would be involved if Stephenson was sewered
today.
Mrs. Copenhaver said that the Director of the Sanitation Authority, Wendy Jones,
pointed out that Stephenson is not a compact community - -it is spread out over hills and will not be
either a simple matter or inexpensive to sewer.
Members of the Commission felt the Comprehensive Plan Subcommittee and the staff
had done a good job of producing a land use plan with definitive boundaries that would support
economic development. They felt this plan was a first step and represented significant progress from
where the County first started.
Some Commissioners felt, however, that at some point, the County needed to address
the sewer issue, if it is serious about economic development in this corridor or any place else in the
County. A point was made that it was a false assumption to believe that, number one, there was
capacity to accommodate it - -one industry could wipe out the entire existing capacity -- regardless of
how much land was identified for economic development; and two, that industry would now flock
to this area simply because there was a land use plan. It was noted that the County will discuss
incentives such as tax reduction, etc. with economic prospects, but will not build a sewer system for
them. Members of the Commission felt that the overall goal of economic development fell short
because of this. Other members of the Commission were not in favor of installing sewer with public
money.
Upon motion made by Mr. Thomas and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the proposed Land Use Plan for Route 11 North and recognizes this as a first
step in its progress towards supporting economic development.
(Mr. DeHaven and Mr. Light abstained from vote.)
OTHER
Appointment of Todd D. Shenk to the Comprehensive Plans & Programs Subcommittee
Chairman DeHaven stated that Mr. Todd D. Shenk has agreed to serve on the
Comprehensive Plans & Programs Subcommittee as a citizen at large member. Chairman DeHaven
said that Mr. Shenk will fill a vacancy on that committee.
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ADJOURNMENT
No further business remained to be discussed and the meeting adjourned by unanimous
vote at 8:30 p.m.
Respectfully submitted,
Kris C. Tierney, Interim Planning Director
( C�P'� a 6 (�'
Charle�DeHaven, Chairman —�
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