PC_12-05-90_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester,
Virginia on December 5, 1990.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman;
Beverly Sherwood, Vice- Chairman; Manual C. DeHaven, Stonewall District;
Carl M. McDonald, Gainesboro District; S. Blaine Wilson, Shawnee District;
Marjorie H. Copenhaver, Citizen at Large; Douglas Rinker, Citizen at
Large; Roger L. Thomas, Citizen at Large; and Kenneth Y. Stiles, Board
Liaison.
Absent: George L. Romine, Citizen at Large; John Marker, Back Creek
District.
Winchester City Liaison: Joseph Kalbach
Planning Staff present were: Robert W. Watkins, Secretary; W. Wayne
Miller, Zoning Administrator; and Kris C. Tierney, Deputy Director,
CALL TO ORDER /MINUTES
Chairman Golladay called the meeting to order at 7:00 p.m. The first order
of business was the consideration. of the minutes of October 17 1990. Upon motion
made by Mr. DeHaven and seconded by Mr. Wilson, the minutes of October 17, 1990
were unanimously approved as presented.
BIMONTHLY REPORT
information.
Chairman Golladay accepted the Bimonthly Report for the Commission's
COMMITTEE REPORTS
Comprehensive Plan Subcommittee
Mrs. Sherwood said that two public hearings were held on the
Comprehensive Plan - Tuesday, November 13 and Tuesday, November 20. Results of the
meetings will be considered at the subcommittee's next meeting on December 11.
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Rural Issues Subcommittee
Mr. Wilson said that the Rural Issues Subcommittee participated in the
Comprehensive Plan public meetings. He said that 16 members of the county and 16
persons from the general public attended the first meeting.
Mrs. Sherwood added that the turnout on the second meeting was slightly
greater. She said that the main issues of discussion were water quality and rural issues.
Ordinance Subcommittee - 11/19/90 Nitg.
Mr. McDonald reported that the Subcommittee considered a request to
amend the Subdivision Ordinance to remove the requirement that all lots be on
dedicated streets. They considered a request for indoor recycling in the M1 District,
however, they decided to obtain a recommendation from the EDC before taking action.
The Committee also considered a request for additional language to sections 4 -4 -4 and
4 -4 -1 of the zoning ordinance to align setback distances. Mr. McDonald said that the
committee received considerable comment from the Top of Virginia Builders Association.
The committee also changed some ordinance wording to meet state regulations.
Capital Improvements Plan Subcommittee
Mr. Watkins reported that the CIP Subcommittee met with Mr. Thomas
Malcolm, Superintendent of Frederick County Schools, and other school board
representatives to review the schools' capital requests.
Sanitation Authority - 11 /13/90 Mtg.
Mrs. Copenhaver said that she was unable to attend the meeting of
November 13, however, the following items were discussed: An agreement was entered
into with Charles Longerbeam to dismantle the old Abrams Creek plant; a meeting was
held to award the contract on the Route 277 waterline.
Historic Resources Advisory Board (HRAB)
Mr. Thomas reported that the HRAB participated in the two public
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meetings on the Comprehensive Plan. They did not have a separate board meeting.
Transportation Committee
Mr. Tierney reported that Transportation Committee held a public meeting
on the Six -Year Secondary Road Improvement Plan on November 5, 1990.
Subdivisions
Lenoir City Company of Virginia for Lot 10 (3.7 acres) located on the northwest side
of Tyson Drive, 1,873' from the intersection with McGhee Road, in the Stonewall
Industrial Park, Stonewall District.
Action - Approved
Mr. Miller noted that there is an approved master plan for the Stonewall
Industrial Park and the developer has been dividing off lots when the lot sizes for a
particular business is known.
Mr. Al Shirley, who leases adjoining property owned by Mr. Grimm, was
concerned about flooding in the area. Mr. Shirley felt that previous steps taken were
not adequate to handle the flooding problem.
Mr. Tom Gilpin, of Lenoir City Company of Virginia, said that he received
a letter some months ago from Mr. Miller stating that a flooding problem existed and
several items were listed that needed addressed regarding drainage; primarily, diverting
the channel from a 90 degree angle to an approximate 45 degree angle as it went into
Red Bud Run. Mr. Gilpin said that he worked with an engineering firm, G. W. Clifford
& Associates, and came up with a management plan. The plan was approved by the
Planning Staff and the contracting firm of E. R. Neff & Sons was hired to carry out the
plan on the property. Mr. Gilpin said that this was done several months ago and he has
not received any further correspondence from the county. Mr. Gilpin noted that he
addressed this matter immediately after receiving notification from the county.
Some of the commissioners and staff agreed to meet on the property again
to evaluate the situation and to determine what additional steps could be taken to
correct the flooding problem. The meeting was scheduled for Friday, December 7, at
10:00 a.m.
Upon motion made by Mr. Del -laven and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Subdivision Application of Lenoir City Company of Virginia to
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subdivide one lot (Lot 10) consisting of 3.7 acres and located in the Stonewall Industrial
Park, Stonewall Magisterial District.
PUBLIC HEARINGS
Rezoning Request #009 -90 of Whitehall Business Park to rezone 15.03 acres from RA
(Rural Areas) to M1 (Light Industrial) and 34.25 acres from RA (Rural Areas) to B3
(Industrial Transition) in the Stonewall District.
Action - Approval Recommended
Mr. DeHaven abstained from discussion and vote due to a possible conflict
of interest.
Mr. Watkins reviewed the revised proffers with the Commission.
Mr. Henry C. Buettner, Jr., one of the principals of the Rainbow Group,
the owners of the property, was present to answer questions from the Commission.
Issues raised by Commissioners centered around wording of the proffers
regarding the placement of ponds and construction of the access road. It was noted that
the prime concern of the fire marshal was that the ponds be properly spaced and that
the language of the proffers state that the ponds would be approved by the fire marshal.
Regarding the construction of the road, the proffers indicated that a state- maintained
road would be provided at the time the lots develop, regardless of the property owner.
It was noted that this language would guarantee that the County would not have to
approve a site plan without a state- maintained road provided.
Mr. George Sempeles, Stonewall District resident, was in favor of the
rezoning. Mr. Sempeles said that the 1 -81 corridor is an important link as far as business
and the county. He felt that land around the interchanges should be used for business
purposes to help build the county's tax base.
Upon motion made by Mrs. Sherwood and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval of Rezoning Application #009 -90 of Whitehall Business
Park to rezone 15.03 acres from RA (Rural Areas) to M1 (Light Industrial) and 34.25
acres from RA (Rural Areas) to B3 (Industrial Transition) located at the southwest
intersection of I -81 and Route 669, in the Stonewall District, for an industrial park.
(Note: Mr. DeHaven abstained from vote.)
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Conditional Use Permit #018 -90 of Ernest W. and Carolyn J. Creek for a public garage
located off Old Route 522 North, opposite its intersection with Route 701, adjacent to
the C &P telephone substation at Cross Junction, in the Gainesboro District.
Action - Approval Recommended
Staff noted that the existing building on this property was used for TV sales
and service from the 1960's until 1976, a construction office until 1985, and then as a
public garage with body repair until the present. Staff had no objections to a permit
being issued, provided that drainfield concerns raised by the Health Department were
addressed.
Mr. Benjamin Butler, attorney representing Mr. and Mrs. Creek, presented
the following for the Commission's consideration: 1) that the one -year renewal be
eliminated; 2) the wooded areas to the east and west of the property will be maintained
as a natural screen; 3) only mechanical repair is requested, no paint or body shop
work; 4) request that no more than 10 -12 vehicles be permitted outside waiting for
repair, but screened from view; 5) a contractor has been hired to expand the drainfield
to meet Health Department requirements.
Comments from the commissioners were that Mr. Creek's operation was
very neat and orderly, however, they felt that the annual review should not be eliminated.
There was no public comment.
Upon motion made by Mr. McDonald and seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval of Conditional Use Permit #018 -90 of Ernest W. and
Carolyn J. Creek for a public garage for automobile repair with the following conditions:
1) This is a one year permit to be reviewed and renewed annually to ensure compliance
with conditions.
2) Health Department approval of the septic system must be obtained.
3) Vehicles awaiting repair be screened from view from the road and surrounding
properties.
4) Parking space for five vehicles will he provided.
5) Hours of operation will be limited from 7:00 a.m. to 8:00 p.m., Monday through
Saturday.
6) Any expansion or change of use of this facility shall require a new conditional use
permit.
7) No body repair.
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OTHER
SIX -YEAR SECONDARY ROAD IMPROVEMENT PLAN
Mr. Tierney reported that . the Transportation Committee held a public
hearing to receive input from citizens on the proposed Six -Year Road Improvement Plan
on November 5, 1990. As a result of public comment, the plan was amended to include
additional changes to:
1) Include an additional section of Route 622 to item #24 under major projects. The
original item was to improve Route 622 from Route 621 to Route 37. The new
item calls for improvements from Route 629 to Route 37.
2) . Add Route 634 as #30 under new hardsurface projects.
3) Include a note on Route 777 for hardsurface improvements. If this is not
complete during the construction improvements to the 522 South improvements,
it will be added as a new item under new hardsurface projects.
Mr. Tierney said that the Transportation Subcommittee recommended
approval of the 1991 -1992 Six Year Road Improvement Plan.
Chairman Golladay said he received a question from a property owner
about Middle Road (Route 628). Mr. Tierney said that Route 628 is currently #3 under
major projects and is scheduled to be done in December of 1992, from Route 631 to
Route 732.
Mr. Douglas Beatty, resident on Route 627 in the Opequon District, came
forward to speak for himself and other members of his community. Mr. Beatty referred
to a 1/10 mile section of Route 627 containing a sharp, blind turn that is a serious safety
problem. He said that there have been a number of incidences of vehicles running off
the road onto his property and Mr. Harold Nichols' orchard. He said that his mailbox
has been knocked down four times. Mr. Beatty understood that some work was
scheduled on Route 627 above the railroad tracks, to remove a hump in the road. He
said that Mr. Cooley had given land to the Transportation Department and it was his
understanding that these other sections would be included at the same time.
Mr. Beatty added that since the scales on Route 11 have been open, there
has been an excessive number of 18 -wheel commercial tractor trailers traveling on Route
627. Mr. Beatty said that this turn is not suitable for trucks. He said that Mr. Nichols
and Mr. Cooley have agreed to donate land for the improvements.
Mr. Tierney and Chairman Golladay noted that Route 627 is listed as #36
under_ major improvements from 81 to Route 11 and Route 627 is also listed as #17
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under incidental projects to improve site distance at curves.
Mr. Stiles said that both he and Mr. Rinker, the Board Representative for
Opequon District, will get in touch with Mr. Bushman from VDOT to see if something
can be done with this section of road.
Upon motion made by Mr. McDonald and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously recommend approval of the 1991 -1992 Six -Year Secondary Road
Improvement Plan as recommended by the Transportation Committee. (Plan attached
at end of minutes.)
ALTERNATE ON -LOT SEWER SYSTEMS
Mr. Stiles said that John Riley, County Administrator, and himself met with
Delegate Smith, Dr. Weiss of the Lord Fairfax Health Department and Dr. Buttery, the
State Commissioner of the Health Department, and discussed alternative septic disposal
systems. Mr. Stiles said the county officials involved were comfortable that the approach
the Health Department was taking with regard to issuance of new permits is reliable.
Mr. Stiles said that County officials asked the Health Department to look
at options such as sand filter systems, mechanical aeration systems, and particularly
regarding facilitating the Wisconsin Sand Mound, which are surface discharge permits.
Health officials agreed that even if the chlorination /dechlorination process is
malfunctioning, the mechanical aeration systems are still treating the effluent to 85% of
what is required, which is in excess of what a standard septic system does. County
representatives suggested that Health officials research these systems on marginal soils,
where a standard septic system would not be feasible, by using a combination of
sandfilter or a mechanical system and connecting it to a drainfield instead of surface
discharging. The Health Department agreed to pursue the idea as an alternative. It
was also suggested that system designers consider attaching continuous monitoring devices
to the units.
Considering the results of discussions with Health officials, Mr. Stiles felt
it was not necessary, at this point in time, to change the ordinance. He said that
although there continues to be a problem with some of the older units installed, under
the current process, he felt the county could be comfortable with the permits that were
issued by the Water Control Board with Health Department approval from this point on.
Mr. Stiles said that if these systems are properly operated, they will do a better job of
protecting groundwater than standard septic systems.
Mr. Thomas said that septic systems allow treated effluent to infiltrate
below grade, far from a water source. He said that he had problems with a mechanical
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system discharging over land into a dry or wet ditch, because the problem that can
potentially occur there stems directly to bacteria and viruses. Another problem referred
to was the standpoint of needing easements for mechanical systems. It was stressed by
the Commission that in order to meet Health Department policies, the disinfectant
systems must work on the surface discharge units. Considerable discussion took place
on this subject, however, no formal action was taken by the Commission.
INFORMAL DISCUSSION WITH MR. FRANK DEHAVEN
Mr. Frank DeHaven, of DeHaven and Wilson Enterprises, the owners and
operators of Auto Laundry, Inc. said that he has just recently opened a car wash at
Sunnyside. He said that they have purchased property in the Stephens City area on
Route 647, which is zoned B1 (Business Limited). It was noted that the ordinance
allows for car washes in the B2 (Business General) District as a permitted use, not in
the 131 District. Mr. DeHaven said that the neighborhood residents are concerned about
having property rezoned to B2. Mr. DeHaven was searching for other avenues that
would allow him to place a carwash on this property. Mr. DeHaven presented a site
plan for this facility.
Mr. DeHaven said that he held an informal meeting with adjoining property
owners and their concerns were water runoff, enclosing of dumpsters and the possibility
of moving the privacy fence from the rear of the property line back to the curb and
guttering, which would place the fence on a five foot mound.
Mr. Watkins explained that an option available to the Commission if the
property was rezoned to B2, was for the applicant to proffer that only a car wash or
B1 uses would be allowed on the property.
The Commissioners discussed the particulars of the business operation with
Mr. DeHaven. No action was taken by the Commission on this matter.
COMMISSION RETIRES TO EXECUTIVE SESSION
Upon motion made by Mrs. Sherwood and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously agree to retire to executive session under Section 2.1- 344(2) "Discussion or
consideration of the condition, acquisition or use of real property for public purpose, or
of the disposition of publicly held property, or of plans for the future of a state
institution of higher education which could affect the value of property owned or
desirable for ownership by such institution" and Section 21.- 344(4) "Discussion concerning
a prospective business or industry where no previous announcement has been made of
the business' or industry's interest in locating in the community."
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After the Commission's discussions, a motion was made by Mr. DeHaven
and was seconded by Mr. Wilson to come out of executive session. This motion was
unanimously approved.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned
by unanimous vote.
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
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