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PC_11-02-88_Meeting_MinutesMEETING MINUTES of the FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room in the Old Frederick County Court House, Winchester, Virginia, on November 2, 1988. PRESENT: Planning Commissioners present were: Frank H. Brumback, Chairman; James W. Golladay, Jr., Vice - Chairman; S. Blaine Wilson; Manuel C. DeHaven; Beverly Sherwood; Carl M. McDonald; Kenneth Y. Stiles; Marjorie H. Copenhaver; and George L. Romine. Also present was: Robert W. Watkins, Secretary CALL TO ORDER Chairman Brumback called the meeting to order at 7:00 p.m. MINUTES The first order of business was the consideration of the minutes of October 19, 1988. Upon motion made by Mr. DeHaven and seconded by Mr. McDonald, the minutes of October 19, 1988 were unanimously approved as presented. BIMONTHLY REPORT The Commission and staff discussed pending applications. COMMITTEE REPORTS Comprehensive Plan Subcommittee Mr. Golladay said that the the next two public meetings on the Comprehensive Plan will be Monday, November 14, 7:30 p.m., at the Indian Hollow Elementary School and Thursday, November 17, 7:30 p.m., at the Stonewall Elementary School. Transportation Committee Mr. Golladay said that the Transportation Committee will meet on Monday, November 7, at 7:00 p.m. and the following items will be discussed: 1) Request to reduce the speed limit on Rt. 11S, outside of Stephens City 2) Request to close Route 644 over to the Opequon Creek. 2784 - 2 - 3) Request to add a road in Shawneeland 4) The Six Year Plan CITIZEN COMMENTS Dr. James C. Laidlaw, a member of the Winchester City Planning Commission, came forward to speak to the Commission concerning a request by the Potomac Edison Power Company to build a 9.6 mile power line from their Bartonsville substation, south of town, around the City of Winchester to their Red Bud substation, north of town, to take care of increasing electrical requirements for this area over the next several years. Dr. Laidlaw explained that this is an above ground, highly visible power line that the City Planning Commission feels will have a significant visual impact on the west side of Winchester and this area of Frederick County. Dr. Laidlaw said that this is one of the most beautiful areas currently being developed and the City Planning Commission is concerned because it will impact the one area into the City, the western area from Route 50, that has a very attractive entrance. He said that the City Planning Commission feels the power line will impact roughly 500 acres per mile and will cause an estimated reduction in monetary land value of roughly $1,000 per acre due to visual and other impacts. He said that, if translated into an estimate for 5,000 acres, a five million dollar reduction in land value could be caused. Dr. Laidlaw said that the City would like to have the Potomac Edison Company present estimates on the cost of installing the line above and below ground and they would also like to see a detailed environmental impact statement. The Planning Commission felt that it would be reasonable to require Potomac Edison to submit detailed impact and cost studies for both above ground and below ground lines. SUBDIVISIONS Final Subdivision Request of the Airport Corporate Center for the subdivision of one lot (30.0000 acres) for business and industrial uses in the Shawnee District. Action - Approved Mr. Watkins noted that the final subdivision plat conformed with the approved master development plan. Ile noted that the applicant has presented a copy of the private deed restrictions. Mr. Benjamin Butler, the attorney representing Mr. and Mrs. Glaize, the owners of the Airport Corporate Center, presented the subdivision plan to the Commission. Mr. Butler said that this subdivision is for an elite 2785 - 3 - business office center. Along with extensive restrictive covenants, Mr. Butler said that arrangements have been made to use underground power lines, curb and gutter. He added that the 70 foot wide entrance road will be enhanced by an island. Mr. Wilson commented that the Declaration of Protective Covenants and Restrictions was stamped, "preliminary draft for discussion only" and the text of the covenant stipulated that, "...the connecting road between Victory Lane and Route 50 will be complete within 18 months." Mr. Wilson was concerned that this statement might be deleted from the draft at a later date. He felt that since the master plan was approved with the road, he did not want to see development without the road connection in place. The Planning Commission noted that restrictive deed covenants could not be enforced by the Planning Commission. They also noted that there was nothing in the ordinance that would require the applicant to extend the road to undeveloped land. Mr. Butler assured the Commission that development would not take place in the interior of the development until a road was in place. However, he felt that his clients should not be given a deadline for the road to be completed. Mr. Wilson felt this project would be a great asset to this area of the County and moved for approval. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the Final Subdivision Plat of the Airport Corporate Center for one lot (30.0000 acres), zoned M -1, for business and industrial uses. This property is located on US Route 50 East in the Shawnee Magisterial District. PUBLIC HEARING Amended Conditional Use Permit #001 -86 of Cheryl L. Anderson for the addition of 40 kennel runs to her existing kennel in the Stonewall District. Action - Denied Mr. Watkins noted that this item was tabled from the last Planning Commission meeting in order for the applicant to submit an informal site plan and kennel design for noise control and screening. Mrs. Cheryl Anderson, the applicant, noted that a site plan had been submitted to the Planning staff as requested by the Commission. Mrs. Anderson also introduced Mr. Keith Williams, with Keith Williams 6 Associates Architects, who prepared a detailed report on sound and noise levels. Mr. Keith Williams, of Keith Williams & Associates Architects, 2786 - 4 - explained the report he prepared on the acoustics situation in relation to the neighbors. Mr. Williams' report suggested building provisions to minimize noise transmission and also attempted to prove that the neightbors' complaints, ie. that the dogs' barking was becoming a mental nuisance, were unfounded and unsubstantiated. According to his studies, Mr. Williams felt that the neighbors could not be hearing the Anderson's dogs after 9:00 p.m. when they were locked inside the kennel. Chairman Brumback called for anyone wishing to speak in opposition and Mr. Esten Rudolph III, resident of the area, came forward. Mr. Rudolph said that he has lived in the area since 1971 and last summer was the first summer that he could not sleep at night due to dogs barking. Mr. Rudolph said that he did not want 40 additional dogs at the site. Mr. McDonald asked for a traffic count on Route 836 during peak periods. Mrs. Anderson said she made a traffic count using the months of June, July, August and September, for a total of 122 days. She said that this averaged approximately four cars per day going in and out of the kennel. She said that there were 45 days with more than four cars per day and 77 days with less than four cars per day. Mrs. Anderson said that there were two big days, July 25 and August 15, with 14 cars and 15 cars respectively. It was noted that Mrs. Anderson had upgraded and maintained the road to the kennel. Mrs. Anderson felt neighbors who were complaining of dogs barking were hearing dogs running at large in the neighborhood and not dogs in her kennel. Mrs. Copenhaver felt that this particular kennel was the best in the area and that this service was needed in Frederick County. Mrs. Copenhaver added that when the Commission first approved this conditional use permit, the Commissioners felt this was an ideal location because it had quarries on two sides and because it was located quite a distance away from other houses. Mr. Stiles said that he did not have any question about the quality of this facility. Mr. Stiles said that every time dog kennels have been proposed for an area, the Commission has always considered the opinion of the neighbors. In response to letters in the newspaper, Mr. Stiles said that he had no personal grudge against Mrs. Anderson. Mr. Stiles said that the previous two times that Mrs. Anderson had come before the board requesting a kennel, he had voted in favor of her request. Mr. Stiles felt that the limit on the number of dogs at this location had been reached. Mr. DeHaven said that the neighbors feel they can accept the 30 dogs currently at the kennel, but did not want to have any additional dogs at this same location. Mr. DeHaven moved for denial and this motion was seconded by Mr. Stiles. BE IT RESOLVED, That the Frederick County Planning Commission does hereby deny Amended Conditional Use Permit #001 -86 of Cheryl L. Anderson for the addition of 40 kennel runs to her existing kennel. This property is located at the dead end of Route 836 in the Stonewall Magisterial District. 2787 - 5 - The vote on this request was: YES (TO DENY): Stiles, Sherwood, Golladay, DeHaven, Wilson, Romine NO: Copenhaver, McDonald, Brumback SANITATION AUTHORITY REQUEST FOR A WATER MAIN EXTENSION ALONG RO 277 Mr. Watkins said that the Frederick County Sanitation Authority, at the request of the developers of Wheatlands and the Virginia Department of Corrections, has requested that a proposal to extend a 12 -inch water line along Route 277 to the Frederick County line be reviewed by the Planning Commission to determine whether it is in accordance with the Frederick County Comprehensive Plan. The Authority also proposes to construct a 400,000 gallon elevated storage tank near the intersection of Routes 277 and 641. Mr. Watkins said that the adopted Comprehensive Plan does not specifically address the extension of public water lines; however, the adopted Capital Improvements Plan does contain a project to extend sewer service along Route 277 to Sandy's Trailer Court, but not at the full length requested by the Authority. Mr. Watkins said that the staff's opinion is that the proposed water extension should be considered for adoption into the proposed update of the Comprehensive Plan. He said that in the meantime, however, it is difficult to determine that it is in conformance with the current plan. It was the staff's opinion that the proposed water tank was in conformance with the Plan. It was noted by the Planning Commissioners that the Board of Supervisors had already approved this request. Mr. Stiles said that the Board of Supervisors' reaction was that the Route 277 water line was in the Capital Improvements Plan and, therefore, in conformance with the Comprehensive Plan. He noted that the land beyond Sandy's Trailer Park is already zoned for development. Mr. Stiles explained how the line would be paid for, as follows: The County and the Sanitation Authority are paying to run the line to Sandy's Trailer Park. Beyond that point, Mr. Glaize and Mr. Bowman are paying to run the line to their property ( Wheatlands), down Route 277. At some point off of the Bowman and Glaize property, the State, through Camp 7, is going to pay to run a lateral extension off of this line. By Bowman and Glaize running this line to Wheatlands, they are allowing service to be provided to residents of the area, that could not be provided any other way. It was noted that it was not cost effective for the Sanitation Authority to provide the service in this area. The installation of a water tower east of Stephens City is a part of this project for several reasons. It will provide pressure for the Route 277 Line; but more importantly, it will solve the pressure problems experienced in the Lakeside /Fredericktowne area. Whether the Route 277 water line is extended or not, the Sanitation Authority has stated that it needs to build a water tower at this location and cannot afford to do so without the participation of the other parties. 2788 �s The Commissioners stressed the importance of having this water extension adopted into the update of the Comprehensive Plan. Upon motion made by Mr. Golladay and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission, unanimously agrees that this request for a water main extension along Route 277 is in conformance with the Comprehensive Plan. This decision is based on the consideration that the County will adopt a sewer and water facility plan as a part of its Comprehensive Plan; that major facilities are to be included in this plan; and also, that a draft version of this plan is under review. It is also the determination of the Commission that the proposed 400,000 gallon elevated water tank near the intersection of Routes 277 and Route 641 is in conformance with the Comprehensive Plan. COMPREHENSIVE PLAN DISCUSSION Mr. Watkins presented reports from two public meetings held on the Comprehensive Plan for the Commission's information. NOTES ON SEPTIC DRAINFIELD MEETINGS Mr. Watkins presented notes on the County's October 13th meeting concerning septic drainfields. Commissioners that attended presented their comments on the meeting. ADJOURNMENT The Planning Commission had no further business to discuss and adjourned at 9:25 p.m. Respectfully submitted, Robert W. Watkins, Secretary Frank H. Brumback, Chairman 2789