PC_02-18-87_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room in the Old Frederick County
Court House, 9 Court Square, Winchester, Virginia, on February 78, 1987.
PRESENT: Frank H. Brumback, Chairman; James W. Golladay, Jr.,
Vice - Chairman; Marjorie H. Copenhaver; A. Lynn Myers; S. Blaine
Wilson; George L. Romine; Manuel C. DeHaven; Carl M. McDonald;
Robert W. Watkins, Secretary; Stephen M. Gyurisin, Advisory.
ABSENT: Kenneth Y. Stiles
CALL TO ORDER
Chairman Brumback called the meeting to order at 2:00 p.m.
MINUTES
The first order of business was the consideration of the minutes of
February 4, 1987. Upon motion made by Col. Myers and seconded by Mr.
Golladay, the minutes of February 4, 1987 were unanimously approved as
presented. (Mrs. Copenhaver was not present for this vote.)
BIMONTHLY REPORT
The staff discussed pending applications with the Commission.
Mr. Gyurisin had one request for administrative approval for a site
plan at Moore's, located at the intersection of Routes 11 and 81. Mr.
Gyurisin noted that the applicant is requesting the addition of an 18' X
26' office area, remodeling of the store front, a 35' X 46' garden display
area, and an outside storage shed for lumber and supplies. Mr. Gyurisin
added that Moore's has been taken over by a new corporation and will be
adding about 12 new employees. The Commission instructed the staff to
proceed with administrative approval on this site plan.
COMMITTEE REPORTS
Sanitation Authority
Mrs. Copenhaver, Sanitation Authority Liaison, said that the
Sanitation Authority met on February 5 and 16 to discuss the problems at
Stephens Run and she gave the following report: People from the Stephens
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Run area were present to discuss the sewage problems they have been
experiencing. Insurance companies paid for sewer damage the first time the
sewage backed -up, but would not pay the second time because a back -flow
valve had not been installed in the house. The Sanitation Authority's
position is that it is the duty of the landowner to protect their own
property against sewage backups.
The problems stem from the fact that the pumping station is being
used to pump more volume than it can handle, resulting in an overflow
problem. There are also overflow problems at Lakeside. The State Water
Control Board has been advised of the situation and has stated that a
moratorium will be recommended for the Stephens Run area. In the meantime,
the State has said that the Sanitation Authority needs to abate the
infiltration problem at Stephens Run; to increase the plant pumping
capacity at Lakeside; and to upgrade treatment capacity at both plants.
The ultimate solution to the problems will be the Parkins Mill Plant.
Action was taken by the Sanitation Authority on the 16th to hire a company
to find the infiltration problems in both systems, particularly Stephens
Run, and proceed with the engineering designs for the Parkins Mill Plant,
although the plant will not be on line until the spring of 1989. The use
of sump pumps which discharge into the sanitary sewer and roof water going
into the sanitary sewer are also causing problems.
Mrs. Copenhaver proceeded to read some of the Sanitation Authority's
review comments on the past year's subdivision and master plan applications
presented to the Planning Commission. Mrs. Copenhaver noted that these
comments did not come right out and say that capacity was not available.
Mrs. Copenhaver presented the Sanitation Authority's Resolution on
the Moratorium on the Stephens Run Sewer System, effective February 17,
1987, as follows:
RESOLUTION ON MORATORIUM
STEPHENS RUN SEWER SYSTEM
WHEREAS, the State Water Control Board staff has advised the
Authority that they will recommend the State Water Control Board at their
March 23 -24, 1987 meeting impose a moratorium on the Stephens Run Sewer
System because of high flows and permit violation, and,
WHEREAS, The State Water Control Board staff recommends the
Authority cease accepting connections until the State Water Control Board
has taken action in order to prevent the construction of a structure which
will not be permitted to connect to the sewer system.
THEREFORE, BE IT RESOLVED, The Frederick
hereby suspends the connection of any structure
System, other than structures for which buildin
issued, and requests the County of Frederick to
permits for structures which propose to connect
Systems, and
County Sanitation Authority
to the Stephens Run Sewer
g permits have already been
cease issuing building
to the Stephens Run Sewer
BE IT FURTHER RESOLVED, that this action shall be in effect for any
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building permit issued after February 16, 1987 until such time as the State
Water Control Board takes action to allow additional connections be made to
the system.
John R. Riley, Jr., County Administrator, stated that this is an
infiltration problem at Stephens Run, not a connection problem. Mr. Riley
said that a serious problem exists in this area with a high water table,
impermeable shale, and the ability of people to hook sump pumps to the
sanitary system. He said that all the capacity at Stephens Run is being
used, basically, to treat rainwater. Mr. Riley said that Mr. Jones and the
Sanitation Authority are attacking this problem as vigorously as possible.
He noted that they are making every effort to start an infiltration
abatement program and a public education program concerning sump pumps.
Mr. Riley added that the State Water Control Board allowed the County to
keep the 132 building permits that were under construction out of the
moratorium.
Mr. Charles E. Maddox, Engineer working with the Sanitation
Authority, stated that a stormwater sewer system to lower the groundwater
table may have been a good idea for this area.
Mr. David Holliday, contractor at Lakeside, suggested that the
Building Permit Department mandate that sump pumps be installed prior to
Certificate of Occupancy and that the sump pump be run to a ditch.
Mr. Watkins felt the staff and Planning Commission were obligated to
tell the Sanitation Authority what capacity is needed in the future for the
Parkins Mill Plant.
Chairman Brumback announced that there will be a worksession the
following Tuesday with Mr. Sluder, of the Health Department, and Mr. Jones,
of the Sanitation Authority, to discuss these matters.
SUBDIVISIONS
Subdivision Request of D 6 S Enterprise Lots to subdivide three lots in the
Stonewall District
Action - Approved
Mr. Watkins stated that three lots exist and the applicant wishes to
make four lots. Mr. Watkins said that it is the staff's opinion that
access via a pipe-stem connection with Route 832 would be better than
connection with Foreman Drive and Purcell Avenue, both of which have
inadequate right -of -way and pavement width.
Mr. DeHaven asked for the width of the pipe-stem. Mr. Watkins
replied that the pipe -stem is 20' (10' on Lot 1 and 10' on Lot 2) and this
is an actual part of Lots 1 and 2, not easements.
Mr. Alfred DeHaven, partner in D 6 S Enterprises, felt the 20' would
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be sufficient to accomodate the two dwellings.
Chairman Brumback felt that access could be a problem if one of the
propety owners decided to block off his 10' of the pipe -stem.
Mr. DeHaven felt that the pipe-stem should curve out on either side
at Route 832 to make access easier.
Upon motion made by Mr. DeHaven and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the Subdivision Request of D 6 S Lots to Subdivide three lots for
single - family traditional dwellings. This property is located on Route
832, Sunnyside, in the Stonewall Magisterial District.
The vote on this subdivision was as follows:
YES: Mrs. Copenhaver and Messrs. McDonald, Myers, Golladay, DeHaven,
Wilson, and Romine
NO: Mr. Brumback
Subdivision Request for Road Extension by Stonewall Industrial Park in the
Stonewall Magisterial District.
Action - Approved
Mr. Watkins noted that this plat records the right-of -way for an
extension of McGhee Road for a distance of 1,664 feet, ending in a
permanent cul-de-sac. He said that preliminary plans were submitted for
this street prior to the adoption of the master plan requirements, so a
master plan is not required for this street or land using this street for
access.
Mr. Thomas Gilpin, with Lenoir City Company of Virginia, was the
representative for this road extension.
Upon motion made by Mr. DeHaven and seconded by Mr. Romine,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby
unanimously approve the Road Extension by Stonewall Industrial Park for the
extension of McGhee Road, located in the Stonewall Industrial Park,
Stonewall Magisterial District.
Subdivision Request by Lenoir City Company of Virginia to subdivide two
industrial lots in the Stonewall Magisterial District.
Action - Approved
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Mr. Watkins said that the proposed plat contains two lots with
approximately 4.8333 acres each. He noted that preliminary plans were
submitted for McGhee Road prior to the adoption of master plan
requirements, therefore, a master plan is not required to subdivide these
or other lots on McGhee Road.
Mr. Thomas Gilpin, of Lenoir City Company of Virginia, was the
representative for this subdivision.
Upon motion made by Mr. DeHaven and seconded by Mr. Romine,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby
unanimously approve the Subdivision Request by Lenoir City Company of
Virginia to subdivide two industrial lots, consisting of 4.8333 acres each,
with drainage easements, in the Stonewall Industrial Park, Stonewall
Magisterial District.
Subdivision Request by Lakeview Townhouses, Section 4, for 62 two - bedroom
townhouse units in the Shawnee Magisterial District.
Action - Approved
Mr. Watkins said that the proposed subdivision is in conformance
with the approved master development plan and approved site plan.
Mr. Golladay said that the Sanitation Authority's comments', "utility
easements are approved," does not specifically state that sewer capacity is
available to serve the 62 townhouses.
Mrs. Copenhaver noted that the Sanitation Authority comments on the
site plan for 62 townhouses at Lakeview (December 3, 1986) were:
"Corrections have been noted on the plans and a copy returned to the
engineer; total lots in the Lakeside System is 564."
There was some discussion by the Planning Commission on whether or
not sewer and water capacity was available for these townhouses.
Mr. Charles Maddox, Engineer with G. W. Clifford S Associates,
stated that the preliminary plan of this project was approved by the
Planning Commission in December of 1986. Mr. Maddox noted that this
project includes a complete storm /sewer system throughout the development,
includes curb and gutter, includes a large amount of green space, and in
many cases, the sides and rear of lots are located on green space.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Subdivision Request by Lakeview Townhouses, Section
4, for 62 two - bedroom townhouse units with parking, open space, recreation
facilities, and utility improvements, with the understanding that the
Sanitation Authority has approved these lots for water and sewer
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connections. This property is located north of Route 642, in the Lakeside
Subdivision, in the Shawnee Magisterial District.
Subdivision Request of Tudor Square, Section 2, for 54 two- bedroom
townhouse units in the Gainesboro Magisterial District.
Action - Approved
Mr. Watkins stated that all townhouse lot areas, parking, yard
areas, setbacks and building spacing are in compliance with the RP
(Residential Performance) use regulations. Mr. Watkins also noted that all
the requirements of the Fire Code and requirements of the Highway
Department have been met.
Mr. Charles Maddox, Engineer with G. W. Clifford & Associates, said
that no apartments will be retained for lease purposes. Mr. Maddox added
that this subdivision has a reduced density from the original approved
plan, from 108 to 96.
Mrs. Copenhaver requested that the Transportation Committee ask the
Highway Department to paint double yellow lines on cross -ovens to delineate
lanes. Mrs. Copenhaver said that the Route 522 North crossovers have no
yellow lines to delineate lanes.
Upon motion made by Col. Myers and seconded by Mr. Golladay,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve the Subdivision Request by Tudor Square, Section 2, for
54 two-bedroom townhouses with parking, open space, recreation, and utility
improvements. This property is located on the west side of Frederick Mall
Drive (Sunnyside) in the Gainesboro Magisterial District.
SITE PLANS
Revised Site Plan #026 -84 of John Solenberger for an 8,000 square foot
retail, rental structure in the Stonewall Magisterial District.
Action - Approved
Mr. Watkins noted that the applicants are constructing additional
parking areas to accomodate the building. He said that they are also
installing an additional fire hydrant.
Mr. John T. Solenberger, President of John S. Solenberger & Company,
stated that the proposed building will be 50' X 160 Mr. Solenberger said
the north half of the building will be used as a retail operation, but they
have no use planned at this time for the southern half of the building.
Mr. DeHaven asked if the road would be state - maintained. Mr.
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Solenberger said that it was not his intention to have the road state -
maintained, as this is not a high - volume traffic business.
Upon motion made by Mr. DeHaven and seconded by Mr. Romine,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby
unanimously approve Revised Site Plan 11026 -84 of John Solenberger for an
8,000 square foot retail, rental structure with required parking and site
improvements. This property is located on Route 7, east of Winchester,
adjacent to the existing Solenberger property, in the Stonewall Magisterial
District.
Site Plan 11007 -87 of Dennis Derflinger for a six -bay car wash in the
Gainesboro Magisterial District.
Action - Approved
Mr. Watkins noted that there is substantial paved area on the site
and curbing is proposed around most of the site.
Col. Myers asked where the wash water from the car wash would go.
Mr. Watkins stated that there are definite requirements in the Building
Code requiring special types of drains connecting to the sanitary system.
Mr. Manuel Sempeles, resident of the Red Bud area in Stonewall
District, was concerned about the possibility of effluents and run -off from
the car wash polluting Red Bud Run, which eventually runs into the Opequon
stream. Mr. Sempeles said that Red Bud Run is a trout stream and he was
concerned about salt from cars, soaps, detergents, etc. polluting the
stream.
Mr. Dennis Derflinger, applicant, said that all the wash water will
drain towards pits and into the oversized traps he is providing. Mr.
Derflinger stated that the Building Code provides for the control of all
the wash water. In answer to Chairman Brumback's question, Mr. Derflinger
said that the entire lot will be covered with asphalt and concrete.
Mr. Gyurisin stated that there are two areas of drainage regarding
this site. One, the drainage from washing cars, will go into the sanitary
sewer system and treated at the sewage treatment plant. He said that this
will include all of the area of the six -bay car wash. The second area of
drainage is storm water coming from the roof and other parts of the site.
He said that a portion of this water would go into the drainage swale along
Westminster - Canterbury Drive and the other portion would drain into the
swale that goes to Route 522. Mr. Gyurisin said that the majority of water
during a storm would be held, utilizing the curbing, and discharged through
erosion control (stone rip -rap) along Route 522. He said that the area in
front of Winchester TV Cable on 522 is utilized to slow down or retain
stormwater.
Mr. Watkins added that the site plan shows a sewer line hook -up at
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the structure.
Upon motion made by Col. Myers and seconded by Mr. McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #007 -87 of Dennis Derflinger for a six -bay
car wash and site improvements. This property is located on the east side
of Westminster - Canterbury Drive in the Gainesboro Magisterial District.
Site Plan #006 -87 by Adams Office Development for an office development in
the Shawnee District.
Action - Approved
Mr. Watkins noted that Sanitation Authority comments state that
sewer and water facilities to serve this area are under design and are
proposed to be available in 1988. Mr. Watkins stated that the proposal is
to renovate the existing house structure to provide an office facility. He
said that the structure would have to meet the requirements of the M-1
District for an office use. He added that the applicant is also proposing
a new parking lot for that facility.
Mr. Herbert Sluder, with the Frederick County Health Department,
stated that sewer and water is needed in that area.
Mr. Garth Adams, son of Douglas and Fern Adams, was the
representative for this site plan. Mr. Adams said that this structure will
be used for airport-related office use.
Col. Myers asked if a master plan was going to be submitted for the
airport office development. Mr. Watkins said that the master plan may be
waived if no new streets are involved. Mr. Wilson noted that this parcel
is not a part of the master tract of land originally purchased by Mr. Adams
for the airport office development.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby
unanimously approve Site Plan #006 -87 of Adams Office Development, located
on the south side of Bufflick Road (Route 645) in the Shawnee Magisterial
District.
Site Plan #009 -87 of Project Hope for a 12,500 square foot warehouse (125'
X 100') with parking and loading areas in the Shawnee Magisterial
District.
Action - Approved
Mr. Watkins said that this site is located just east of the Adams
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Office Development just previously approved by the Commission. He said
that a pump and haul operation is to be installed per Health Department
requirements until water and sewer facilities are available in 1988. Mr.
Watkins said that a master plan is waived because the development involves
no new streets. He added that although the plan shows a screened area from
the residential properties, the staff would need to work with the developer
to insure that a total screen is installed.
Chairman Brumback and other commissioners felt that the screening
for this site needed to be detailed on the plan.
Mr. DeHaven and other commissioners felt this site should be a part
of a master plan showing where roads would be located and how drainage
would be handled.
Mr. Garth Adams, son of the owners of the property, Mr. and Mrs.
Adams, stated that it is their intention to present the Commission with a
master plan for development of the entire tract of land and they are
working with Mr. Charles Maddox, engineer, and Mr. Rosser Payne, planner,
on that plan. Mr. Adams said that the piece with the existing house was
already divided out of the larger tract. In regard to the other parcel,
Mr. Adams said that they had no intentions of marketing the property
because they are not yet at that stage, but Project Hope came to them
stating that they needed to relocate. Mr. Adams felt this parcel was
unique because it was a small piece of land which could be utilized without
affecting the overall master plan for the remainder of the project. Mr.
Adams said that they have no intention of developing along Bufflick Road in
a piecmeal manner.
Mr. Paul Grunmeier, representing Project Hope, stated that they
pushed the owner of the property into settling this matter quickly. Mr.
Grunmeier said that Project Hope is an organization that teaches around the
world and they use primarily air transportation to deliver goods to other
countries. He said that they were interested in located in Winchester and
close to the airport. Mr. Grunmeier stated that they have to move out of
their existing warehouse at Dulles Airport by September 1. Mr. Grunmeier
said that they have every intention of screening the adjacent property.
Mr. Herbert O'Grady, of Shockey Company, stated that he prepared the
site plan for this proposal. Mr. O'Grady said that the screening has not
yet been addressed, but they are willing to work with the staff to provide
adequate screening.
Col. Myers inquired about drainage plans and Mr. O'Grady stated
that, presently, all of the drainage from the area of the building goes to
Bufflick Road. Mr. O'Grady said that they plan to direct the roof drainage
in a southerly direction and drainage from the paved area would go towards
Bufflick Road. He said that this would reduce the amount of drainage going
to Bufflick Road by half. In answer to Col. Myers question, Mr. O'Grady
felt this would fit into the overall drainage master plan for the Adams
Development.
Mr. Wilson inquired about traffic generation and Mr. Grunmeier
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replied that they have approximately 30 -35 deliveries ranging from UPS to
40 foot trailers. Mr. Grunmeier said that in the last 12 months, they
shipped out about 24 forty-foot trailers. Mr. Grunmeier said they store
pharmaceuticals, sophisticated supplies and equipment and this would not be
a heavy warehouse operation.
The Planning Commission was concerned that the type of screening was
not yet determined by the applicant. The Commission was also concerned on
how this proposal would fit in with the Adams' Development master plan.
Upon motion made by Mr. Wilson and seconded by Mr. Romine,
BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby
unanimously approve Site Plan #009 -87 of Project Hope for a 12,500 square
foot warehouse with parking and loading areas, with the stipulation that
adequate screening is provided. This property is located on the south side
of Bufflick Road, approximately 3,500 feet east of Route 522, in the
Shawnee Magisterial District.
MASTER DEVELOPMENT PLAN
Final Master Development Plan #014 -86 of McGuire Hills for a single- family
traditional development in the Stonewall Magisterial District.
Action - Approved
Mr. Watkins stated that this plan meets the intent and requirements
of the RP District.
Mr. Charles Maddox, Engineer with G. W. Clifford 6 Associates, was
present to represent the owner on this project. Mr. Maddox said that the
lot layout cannot yet be determined until adequate septic and wells are
established.
Some members of the Commission were concerned about maintenance of
the open space provided in this development. They felt that the open space
should be waived since individual lots were 2 1/2 acres in size. It was
suggested that the open space be incorporated into the individual lots, but
as the ordinance currently reads, the open space area is required.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Final Master Development Plan #014 -86 of McGuire Hills
for a single - family traditional development with open space, road
improvements to State standards, and individual on -lot sewage disposal.
This property is located along the east boundary line of VA. Route 739, at
the intersection of Route 739 and 673, in the Stonewall Magisterial
District.
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CONTINUATION OF A PUBLIC HEARING
An ordinance to amend the Frederick County Code, Chapter 21, Zoning,
Article XIV, M -1 (Light Industrial) District, Section 14 -4, Height, Area,
and Bulk Regulations.
After considerable discussion, the Commission felt that certain
areas of this amendment needed to be specific, for example, the maximum lot
coverage and screening.
Mr. Thomas Gilpin, developer, was concerned about the size of
buffers required in the proposed amendment. He also questioned the fact
that the Commission was considering changing the M-1 buffer between M -1 and
residential, when the M -2 requirement still maintained a 75' buffer. Mr.
Gilpin was also concerned about the maximum lot coverage. He suggested
than an amendment be added to say that post development run -off rates will
not exceed predevelopment run -off rates or they may exceed predevelopment
run -off rates if a stormwater management plan has been approved by the
appropriate governmental body.
Mr. Charles Maddox, engineer, suggested that the Planning Commission
consider using the State regulations (General Criteria 7; Erosion Control
Regulations) for stormwater management. Mr. Maddox proceeded to explain
this erosion control plan to the Commission.
The Commission decided to continue their discussions on this
amendment at their worksession scheduled for February 24, 1987.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned.
Respectfully submitted,
F rank H. Brumba Chairman
ober[�t t W Watkins, Secretary
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