PC_11-20-85_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia, on November 20, 1985.
PRESENT: Frank H. Brumback, Chairman; James Golladay, Jr., Vice - Chairman;
A. Lynn Myers; Manuel C. DeHaven; George L. Romine;
Carl M. McDonald; Marjorie H. Copenhaver; S. Blaine Wilson;
Kenneth Y. Stiles; John R. Riley, Jr., Secretary
CALL TO ORDER
Chairman Brumback called the meeting to order at 2:00 p.m. The first
order of business was the minutes of November 6, 1985.
Col. Myers said that during the public hearing on the ordinance
amendments, Mrs. Ambrose said that she had come to the meeting with a group
and most of those people could not stay because of how late in the evening
this item came up for the discussion. Col. Myers requested that Mrs.
Ambrose's comments be added to Page 11 and he also suggested that the
Planning Commission conduct both of their monthly meetings in the afternoons.
Col. Myers next brought the Commission's attention to the discussion on the
Westminster - Canterbury site plan. Col. Myers requested that a description of
Westminster - Canterbury's original proposal for stormwater runoff be
incorporated in the minutes.
Mr. Golladay next requested that the reasons for tabling the David E.
Dovell conditional use permit be stated in the minutes on Page 8.
Chairman Brumback stated that he would defer action on the minutes
until the next meeting in order for these additions to be incorporated.
MONTHLY AND BIMONTHLY REPORTS
Mr. Riley said that a one lot subdivision request by Richard Hardison
had been submitted. He explained that Hardison plans to subdivide a 15
acre tract off the parent tract. Motion was made by Mr. Romine, seconded by
Mr. Golladay, and passed unanimously to allow Mr. Riley to administratively
approve this request.
CANCELLATION OF DECEMBER MEETINGS
Mr. Riley said that no applications for public hearings had been
submitted for the month of December.
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Upon motion made by Mr. Golladay and seconded by Mr. Stiles,
BE IT RESOLVED, That
unanimously approve
meetings.
COMMITTEE REPORTS
Sanitation Authorit
the Frederick County Planning Commission does hereby
the cancellation of their December 4th and December 18th
Mrs. Copenhaver, Liaison to the Sanitation Authority, said that at
their last meeting, the Sanitation Authority located another area for sludge
application. She said they will be using a 10 -acre tract on Route 672. Mrs.
Copenhaver also reported that during the water line inspection of the
Lakeside Subdivision, several sump pumps were discovered to be causing some
of the problems in that area. Mrs. Copenhaver also reported that the
Authority adopted a policy regarding connections issued under a moratorium.
She said that connections will be limited to one per applicant per week.
SITE PLANS
Site Plan #014 -85 of Frederick County Fair Association for a 40' x 50'
building for an office, storage and restrooms.
ACTION - Approved
Mr. Riley said that he met with Mr. David Moulden, representing
Frederick County Fair Association, Mr. Herbert Sluder of the Health
Department, and Mr. Ralph Robinson of Clearbrook Fire Company at the site.
Mr. Riley reported that Mr. Sluder felt that the existing drainfield was
adequate to handle the area. Mr. Riley also reported that Mr. Robinson
indicated that the fire company could get approximately 3,250 gallons of
water to the site on a first response and that a hydrant was not needed to
protect this or adjoining properties.
Mr. David Moulden, representing the Frederick County Fair Association,
came forward.
Mr. Stiles asked if the restrooms would be open to the public. Mr.
Moulden replied that the restrooms will be open to the public during the week
of the Fair and during other events.
Mr. Romine asked if the sanitary facilites were designed for peak
loads during the fair. Mr. Moulden said that the existing drainfield will
accomodate full capacity use of existing facilities and with the addition of
the new proposed facilities on a one week basis, it is projected not to
create an overload. He added that if an overload is eventually created, he
has agreed with the Health Department to designate a reserve drainfield area
to be approved for the additional facility. Mr. Stiles commented that the
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proposed facility will not increase the total load on the septic system
because they will be experiencing the same number of people.
Mr. Moulden said that the Whitacre building, which is currently being
used for storage, is becoming more popular for public use. He said that they
are experiencing a build -up of records in officers' homes, which create
inaccessibility. Mr. Moulden said that the proposed building will allow them
to securely store files and records on the property where they will be
readily available.
Upon motion made by Mr. DeHaven, seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
unanimously approve Site Plan #014 -85 of Frederick County Fair Association
for a 40' x 50' building for an office, storage and restrooms at the
Frederick County Fairgrounds in the Stonewall Magisterial District.
PUBLIC HEARING
Conditional Use Permit #011 -85 of David E. Dovell for an autobody repair shop
in the Opequon Magisterial District.
ACTION - Approved
Mr. Riley read the staff recommendations for this conditional use
permit. Chairman Brumback asked if there has been additional correspondence
from adjoining property owners since the last meeting. Mr. Riley said that a
letter of opposition from Mr. Seeley and a letter from Mr. Welsh suggesting
some limitations on the use of the property have been submitted. The
Planning Department also received a phone call from Mr. Campbell, who was
in opposition to the conditional use permit.
Upon motion made by Mr. Golladay, seconded by Mr. Stiles,
The Planning Commission unanimously agreed that the two letters received
regarding the Dovell conditional use permit should be incorporated into the
minutes.
Mr. Conway L. Seeley
9040 Great Avenue
Manassas, Virginia 22110
November 4, 1985
Mr. John Riley
Department of Planning
County of Frederick
9 Court Square
Winchester, VA 22601
Dear Mr. Riley,
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I would like to go on record as opposing the Zoning Permit to have an
Auto Body Shop in the building which was constructed "without a permit" and
is in close proximity of my acreage in Frederick County.
Since I am not in the area, I will not be attending the hearing on
this Wednesday night and will appreciate it if you will see that members of
the Planning Commission and Board of Supervisors, both, know my feeling about
this matter.
Thank you for your interest and cooperation.
Sincerely,
Conway L. Seeley
John Riley
County Administrator
November 15, 1985
John,
I think that the Planning Commission should consider the following re: Dovell
CUP application.
1) To allow this CUP without a residence would set a presidence that would
leave the county open to many more similar requests. This amounts to spot
zoning.
2) There are plenty of other locations in the county near Mr. Dovell's land
that would be in keeping with his type of proposed use. If he can afford
to improve this land to required standards, he certainly should be able to
locate where he would not have as strict conditions imposed.
Please consider the following possible conditions of use:
1) Hours: Mon. -Fri. 8 -5 p.m.
2) Screening to hide operations - the garage building is visible from my
property (house) now that leaves are down.
3) No outdoor work or painting
4) Building (which apparently was not constructed to Code) be rebuilt to
conform to applicable codes and standards for this type of business.
Also, approved pollution control codes and standards maintained.
5) Applicant live on property before commencing business and CUP be contigent
on this.
6) All vehicles on premises have current tag and registration and inspection
sticker!
I'll call you later today.
Michael A. Welsh
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Chairman Brumback asked Mr. Riley to describe the road to this
property. Mr. Riley stated that Route 636 has very narrow travel lanes and
in that immediate area has two 90 turns. Mr. Riley also noted that Route
636 is accessed by Route 277 via Route 636 and Route 641.
Mr. William Bushman, Resident Engineer for the Virginia Department of
Highways and Transportation, stated that their latest traffic count dropped
from 68 to 32, therefore, this road would not qualify for upgrading. Mr.
Bushman said that Route 636 would continue to receive normal maintenance.
Mr. David E. Dovell, applicant, came forward and presented the
Commissioners with photographs of the structure and entrance to the property.
Mr. Dovell said that he plans to make this property his permanent residence
within two years. Mr. Dovell stated that he would put in a culvert at the
entrance if the permit is granted. He further stated that he would have one
full -time employee and possibly two other part -time employees.
Mr. Romine commented on the small size of the building and Mr. Dovell
said that he planned to construct another concrete slab and add a paint spray
booth onto the existing structure.
Mr. Golladay asked Mr. Dovell how many cars he works on at a time and
Mr. Dovell replied that he usually works on no more than three. Mr. Golladay
asked how many cars would be outside and Mr. Dovell replied there would not
be more than three. Mr. Dovell confirmed that all outside cars would be
licensed with current tags and registration.
Mr. Wilson asked if Mr. Dovell had provided for storage of accumulated
used parts. Mr. Dovell replied that he intends to build a 6' stockade fence
enclosure for sheet metals and old parts and when the enclosure becomes full,
he would remove the metal and parts from the property.
In response to Mr. Golladay's question on hours of operation, Mr.
Dovell said that he would be open 8:00 a.m. to 6:00 p.m., Monday through
Friday, and closed Saturdays and Sundays.
Mr. Michael Welsh, adjoining property owner, came forward to speak in
opposition. Mr. Welsh felt this was not an ancilliary occupation like most
conditional use permits, but is Mr. Dovell's sole occupation. He said this
will be a purely commercial business in a residential and agricultural area.
Mr. Welsh said this will decrease adjoining property values. Mr. Welsh added
that there are other places in the County that are properly zoned for this
type of business.
Mr. Riley next read the requirements for a public garage with a
conditional use permit from the ordinance.
With regard to the staff recommendation on limiting access to the
property, Mr. Stiles questioned the legality of the Commission's power to do
this. Mr. Stiles said that the Commission could limit the number of
employees.
Mr. Wilson asked Mr. Dovell if he had a building official at the site
to determine what the expense would be to bring the structure into
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compliance with the Code. Mr. Dovell replied that he had a figure of
approximately $20,000.
Mr. Golladay commented that this is the first time in the past 13
years that he can remember a conditional use permit request coming before the
Commission where no one was living on the property; and he felt that to a
certain extent, this was defacto zoning. Mr. Golladay felt, however, that if
this operation is done right and properly managed, it would not have too much
effect on neighboring properties.
Upon motion made by Mr. Golladay, seconded by Mr. Stiles,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve Conditional Use Permit #011 -85 of David E. Dovell for a public garage
for autobody repair on Route 636, two miles south of Route 277, in the
Opequon Magisterial District with the following conditions:
1) Construction of the dwelling for residence must be started on the property
within one year and a certificate of occupancy must be obtained within a
reasonable time thereafter; and the owner of the property must reside in
the dwelling.
2) Hours of operation will be Monday through Friday from 8:00 a.m. to
6:00 p.m.
3) This shall be a one -year permit to be reviewed and renewed annually by the
staff, Planning Commission, and the Board of Supervisors.
4) If the use, occupancy, or ownership of the property changes, this
conditional use permit shall expire and a new conditional use permit will
be required.
5) Number of employees shall be limited to three, which includes the
applicant.
6) Applicant must provide screening, as necessary.
7) All work (ie. painting, body work, etc.) on vehicles must be done inside
the building.
The vote on this conditional use permit was as follows:
YES: Mrs. Copenhaver and Messrs. McDonald, Stiles, Golladay, DeHaven,
Wilson
NO: Messrs. Romine, Brumback, Myers
FREDERICK COUNTY TRANSPORTATION COMMITTEE REPORT
Mr. William H. Bushman, Resident Engineer from VDH &T, was present to
answer questions.
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Mr. Golladay said that the Transportation Committee met on October 21,
1985 and discussed the following items:
McDonnell Douglas Trucking
Mr. Golladay said that Mr. Bill McCrary of McDonnell Douglas Trucking
requested the opening of the median lane across from his entrance on Route
50. Mr. Golladay said that this request was denied by the Highway Department
due to site distance, traffic speed and flow, and the length of the trailers.
Mr. McCrary was instructed to contact K -Mart about using the outer portion of
the parking lot for permanent ingress and egress.
Welltown Pike
Mr. Golladay reported that the Transportation Committee requested the
Highway Department to place speed reduction and curve delineation signs on
Welltown Pike, to clear brush and mow to improve site distance, and to start
negotiations with property owners to widen curves.
Route 647
Mr. Golladay reported that Mrs. Sturm is requesting bicycle paths
through Fredericktowne and other subdivisions in that area. Mr. Bushman
explained what steps need to be done in order to start this project.
Route 633
Mr. Golladay said that Mr. David Downes requested that Route 633 be
paved. Mr. Bushman said that the 1983 traffic count was 106, the 1985 count
was 183, and the recount was 98.
Route 624
Mr. Golladay reported that Mrs. Eleanor Layman asked for information
on why Route 624 has not been paved. Mr. Golladay said that Mr. Bushman
advised Mrs. Layman by letter that the deed for the right -of -way has been
held up at the National Historic Trust in Washington.
Major Road Improvement Projects
Mr. Golladay reported that the Transportation Committee reviewed the
priority list for Major Road Improvement Projects and recommended that the
ranking remain the same.
Surfacing of Non -Hard Surface Roads
The Committee reviewed the New Hard Surface Projects and made some
additions and changes to that priority list.
Bridge Replacement
Mr. Golladay reported that the committee reviewed the Bridge and other
Secondary Road Projects and revised that list.
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Col. Myers was concerned that no projects were planned for Gainesboro
District or scheduled as future projects for Gainesboro District. Col. Myers
felt road projects should be distributed equally to all districts.
Upon motion made by Mr. Golladay, seconded by Mr. DeHaven,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby
approve the Frederick County Transportation Committee's Six Year Road
Improvement Plan as follows:
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Road Improvement Plan
MAJOR PROJECTS
Major projects are projects where reconstruction of hard surfaced (paved) roads is
needed for safety reasons. Road width, alignment, strength and gradient improvements
are considered for major projects.
RECOMMENDED SIX -YEAR MAJOR PROJECT ROAD IMPROVEMENT PLAN
Rank Route From To ADT District Notes
1. 672
749
667
1461
Stonewall
Start const.
in early 1986
2. 628
622
638
953
Back Creek
Start const.
in early 1986
3. 672
661
I -81
679
Stonewall
1986 approx.
const. start
4. 628
638
631
1131
Back Creek
1987 approx.
const. start
5. 661*
672
663
962
Stonewall
New Project
6. 628
631
732
1319
Back Creek
1989 approx.
const. start
7. 656**
657
659(incl.
1047
Shawnee
New Project
intersect.)
8. 621 ***
622
Approx.
1132
Back Creek
New Project
.6 mi.
5622 incl.
"S" turn
NOTES:
*Route 661, Welltown
Pike, (Project #7 above)
replaced
former Project
X17, Route 672
from Route 661 to
Route 739.
The Committee recommended
that minor
improvements be made
on Route 672 from
Route 661
to Route 739 on poor
curves
since this
project was dropped
from the major project
list.
* *Route 656, Greenwood
Road,
is to include the
intersection
of Route
656 and Route 659,
Valley Mill Road.
** *Route 621 is to
include drainage
improvements
south
of Route 622
and realignment of
"S" turn.
-- The Committee recommended
that VDHST study
Route 608
and forward
improvement
recommendations
for Route
608 for the 1986
Plan Update.
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Road Improvement Plan
RECOMMENDED SIX —YEAR NEW HARDSURFACE ROAD IMPROVEMENT PLAN
New hardsurface projects are road projects where reconstruction of non — hardsurface
roads is considered primarily with relation to the amount of traffic served.
Rank
Route
From
To
ADT
District
Notes
1.
738
758
end
187
Opequon
New Project
2.
673
739
739E
145
Stonewall
Prev. Proj. Sug.
3.
655
719
Opeq. Crk.
106
Shawnee
New Project
4.
669
11
671
114
Stonewall
New Project
5.
638
759
625
109
Opequon
New Project
6.
671
740
681
121
Gainesboro
R /O /W Available
7.
629
622
608
82
Back Creek
As much of road
as possible
8.
696
522
694
77
Gainesboro
Prev. Proj. Sug.
9.
676
671
677
63
Gainesboro
Prev. Proj. Sug.
10.
636
640
641
68
Opequon
New Project
11.
668
11
671
111
Stonewall
Prev. 6 —Yr.
Proj. #8
12.
661
660
659
60
Stonewall
New Project
13.
649
648
625
64
Opequon
New Project
14.
635
634
627
61
Opequon
New Project
15.
636
641
641N
50
Opequon
New Project
16.
809
817
end
153
Back Creek
New Project
17.
654
.5 mi.
5803 1.5 mi. S803
182
Back Creek
R /O /W Available
18.
666
664
761
83
Stonewall
New Project
19.
736
Entrance
to Glenmont Village
Shawnee
New Project
20.
695
522N
1 mi. N522
Gainesboro
New Project
21.
734
522N
1 mi. S522
Gainesboro
New Project
22.
820
659
end
Shawnee
New Project
The
Committee
recognized
that Routes 624, 660,
and 694
listed on the
current plan are
in progress and
should be
completed before this
list of
projects is
started.
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Road Improvement Plan
BRIDGE AND OTHER SECONDARY ROAD PROJECT RECOMMENDATIONS
1. Bridge improvements were recommended by the Committee to be left up to the
discretion of the Virginia Department of Highways and Transportation.
2. The Committee recommended that the Virginia Department of Highways and
Transportation study the drainage problem on Route 764 (Lee Avenue) north of the
Winchester City Limits and recommended that minor improvements be made if possible.
3. The Committee recommended that the Virginia Department of Highways and
Transportation study Route 608 and advise the Committee regarding road improvements
for Route 608 for the 1986 Plan Update process.
4. The Committee recommended that minor improvements be made to improve poor curves on
Route 672 between Routes 661 and 739.
2167
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2168
B&C
The vote for this item was:
YES: Mrs. Copenhaver and Messrs. Golladay, Romine, DeHaven, Wilson,
Brumback, McDonald, Stiles
N0: Col. Myers
An T(1TTRNMRNT
There being no further business to discuss, the meeting adjourned.
Respectfully submitted,
rank Birumback, Chairman
John R. Riley, Jr., Secretary
2169