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HomeMy WebLinkAboutPC_10-06-82_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room on October 6, 1982. PRESENT: Frank Brumback, Chairman; James Golladay, Vice - Chairman; Kenneth Stiles; M. Domenic Palumbo; Manuel DeHaven; W. French Kirk; George L. Romine ABSENT: A. L. Myers; Carl M. McDonald CALL TO ORDER Chairman Brumback called the meeting to order. The first order of business was the consideration of the minutes of September 15, 1982. Mr. Golladay noted that on page five, the third paragraph, first line, should read, "Mr. Arthur Fulton, owner of Arthur H. Fulton, Inc., came forward..." There being no further corrections, Mr. Kirk moved to approve the minutes as amended. This was seconded by Mr. Romine and passed unanimously. Mr. Stiles was not present for this vote. BIMONTHLY In answer to Mr. DeHaven's question, Mr. Horne replied that the Conditional Use Permit for Peter G. Dassler was for a cottage occupation on Route 50 West and the Conditional Use Permit for Kenneth B. Settle was for a miniature golf course on Route 50 East. Chairman Brumback next inquired about the activity in the Permit Center in general. Mr. Gyurisin replied that the number of commercial and industrial permits approved for zoning has increased. He explained that while residential permits are down from the previous year, mobile homes have remained steady. 1622 -2- Chairman Brumback then accepted the Bimonthly Report as information only. --------------- - Site Plans Site Plan Request #017 -82 of Winchester TV Cable, zoned B -2 (Business - General) in the Gainesboro Magisterial District for the construction of an office building and required off - street parking facilities. ACTION - Approved Mr. Horne read the background information. Mr. Horne noted that the plan previously submitted dealt with filling some low, swampy areas located South and East of a steep slope on the site. He noted that Winchester TV Cable will continue filling on the site, as fill becomes available. Mr. Horne explained that a study was done for this site on storm water retention and the Commission was satisfied, at that time, that the areas remaining for retention were sufficient. Mr. Horne noted that the staff's recommend- ations are for immediate erosion control for on -site retention of water and sediment. Mr. Horne further noted that they will have to cut back into the hill quite a bit to accomplish this. Mr. Howard Lewis, representative for Winchester TV Cable, came forward and introduced himself to the Commission. In answer to Mr. Palumbo's question, Mr. Lewis replied that the company was planning on having their own septic system instead of getting central water and sewer; but until the figures are in to determine what is most cost effective, a decision has not yet been made. In reply to Chairman Brumback's question, Mr. Lewis stated that they planned to build the road to state specifications with 1623 -3- respect to base requirements and fill. Mr. Lewis noted that they do have an approved commercial entrance. Mr. Horne asked Mr. Lewis if the Winchester TV Cable office in town would be moved to this new location and Mr. Lewis replied that it would. There being no further discussion, Mr. DeHaven moved for approval. This was seconded by Mr. Golladay. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan #017 -82 of Winchester TV Cable, zoned B -2 (Business - General) in the Gainesboro Magisterial District for the construction of an office building and required off - street parking facilities. The above resolution was passed unanimously. Site Plan #018 -82 of Frederick Homes, Inc., zoned B -3 (Industrial Transition) in the Back Creek Magisterial District for a mobile home sales office; storage of mobile and modular homes for sale; and off - street parking facilities. ACTION - Tabled Due to the absence of a representative for the site plan, Mr. Stiles moved to table the request. This motion was seconded by Mr. Golladay. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table Site Plan Request #018 -82 of Frederick Homes, Inc., zoned B -3 (Industrial Transition) in the Back Creek Magisterial District for a mobile home sales office; storage of mobile and modular homes for sale; and off - street parking facilities, due to the absence of a representative. The above resolution was passed unanimously. Letter from The Honorable Alson H. Smith, Jr. Mr. Stiles next presented a letter addressed to Mr. S. Roger Koontz, Chairman of the Frederick County Board of Supervisors from 1624 -4- Virginia Delegate Alson Smith. Mr. Stiles moved to make the letter a part of the official record and this was seconded by Mr. Golladay. BE IT RESOLVED, That the Frederick County Planning Commission does hereby include as part of the official record the letter from The Honorable Alson H. Smith, Jr. to Mr. S. Roger Koontz, Chairman of the Frederick County Board of Supervisors, as follows: September 27, 1982 Mr. S. Roger Koontz, Chairman Frederick Co. Board of Supervisors Apple Pie Ridge Winchester, Virginia 22601 Dear Roger: Enclosed you will find some correspondence in reference to a constituent's complaint. This morning I met with Mr. Irvin Cather, Manager of Potomac Edison and Mr. Bill White, Manager of C & P Telephone, and Mr. Donald Luttrell, the constituent, on the location in question. Following the meeting, the four of us went to 9 Court Square and met with Mr. John Horne. Ironically, 30 minutes prior to our meeting with Mr. Horne, another elected, local official had been very, very complimentary of the way Mr. Horne has been handling the counties' affairs. I, too, would like to compliment Mr. Horne on his ability to remember the complete history of this situation, along with the many, many others I'm sure he has to solve regularly. I certainly hope you will pass my compliment on to Mr. Horne as well as other members of the Frederick County Board of Supervisors. Sincerely, Alson H. Smith, Jr. AHSJr /tlt The above resolution was passed unanimously. Possible Sign Violation Near Route 81 The Commission briefly discussed a sign attached to a panel truck, advertising The Barn, located between Route 81 and the railroad. 1625 -5- Mr. Horne felt this situation was an off - premise sign violation and stated that he would look into the matter. Discussion of Route 277 Inte Mr. Golladay inquired about the study done by the Highway Traffic Safety Engineers (HTSE) on the Route 277 Interchange. Mr. Horne replied that the traffic counts the HTSE based their study on were made prior to Tony's Market, the proposed McDonald's, and possibly, the 7 -11 Store. Mr. Horne stated that the HTSE recommended that a light would be needed at the intersection sometime in the future. However, under the HTSE's current policy, certain warrants must be met before a light would be granted and although the County comes very close to meeting those requirements, they are still not qualified. Mr. Horne recommended that another traffic count be done after the McDonald's restaurant opens. Mr. Horne further stated that Mr. William Bushman and Mr. James Diamond will be attending a future Planning Commission meeting to answer any questions. PUBLIC HEARINGS Rezoning Application #007 -82 of Harry Benjamin Crim and Frieda White Crim consisting of 1.882 acres, zoned R -3 (Residential- General) to be rezoned B -1 (Business- Limited), to be used as an antique shop. ACTION - Approved Mr. Horne read the background information. Mr. Herbert Sluder, Sanitarian, stated that there is a drainfield on the property, therefore, the Health Department has no objection to the request. 1626 Mr. Benjamin Butler, Attorney for Mr. and Mrs. Crim, came forward and introduced himself to the Commission. Mr. Butler produced an artist's conception of what Mr. Crim intends the house to look like. Mr. Butler stated that the business will be open by appointment only. Mr. Benjamin Crim next came forward. He stated that he will display antiques for sale throughout the house in the rooms they were meant to be in, for example, kitchen items in the kitchen. He also stated that he would refurbish and sell antiques on consignment. In answer to Mr. Stiles' question, Mr. Crim replied that no one will be living in the house. To answer Mr. Kirk's question, Mr. Crim replied that the existing driveway will serve both lots on the site. There being no one else wishing to speak in favor or opposition to this rezoning, Mr. Kirk moved to approve the request. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve of Rezoning Request #OU7 -82 of Harry Benjamin Crim and Freida White Crim to rezone 1.882 acres now zoned R -3 (Residential - General) to be rezoned B -1 (Business - Limited) to be used as an antique shop. The above resolution was passed unanimously. An Ordinance to Amend the Frederick County Code Mr. Horne read the proposed amendment for schools. The Commission felt that the words "pre- primary, primary, intermediate, or secondary general education" should be added to refine the definition. Mr. Palumbo moved to approve the new definition for schools as amended and this motion was seconded by Mr. Kirk. 1627 -7- BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the ordinance to amend the Frederick County Code, Chapter 21, Zoning, to amend Article I, In General, Section 21 -1, Definitions, to amend the definition of Schools, as follows: Schools - A public, private, or parochial school for the purpose of providing pre - primary, primary, intermediate, or secondary general education through the 12th grade level. The above resolution passed unanimously. Discussion with Potomac Ed Regarding Proposed kV Transmission Line Chairman Brumback reminded the Commission and audience that there would be no debate or action taken by the Commission on this discussion. He explained that the representatives of Potomac Edison Company were present for informational purposes only. Mr. Horne reviewed a letter from Lawrence R. Ambrogi, Common- wealth Attorney, confirming that Potomac Edison Company was not required to file a notice of intent with the Board of Supervisors for public hearing on their proposed transmission line extension. In the letter, Mr. Ambrogi stated that three conditions necessary for submittal of a notice of intent were not met. Those conditions were: 1. The intended acquisition from any one actively operated farm or forestry operation within the district would be more than ten (10) acres or the total acquisition within the district would be more than one hundred (100) acres. 2. Potomac Edison intends to advance a grant, loan, interest subsidy or other funds for the construction of dwellings, commercial or industrial facilities or water or sewer facilities to serve non -farm structures. 3. Public utility facilities are not subject to approval by the State Corporation Commission unless the line is 200 kV or greater. 1628 Mr. Dan Spofford came forward and introduced himself to the Commission. Mr. Spofford stated that he was a Real Estate Representative for Potomac Edison Company, which operates under Allegheny Power Services Corporation from Greensburg, Pennsylvania. He then introduced Patience Abrahamson, Environmental Analyst, and Mr. Alan J. Fleissner, Project Engineer. Mr. Fleissner came forward and stated that the new line is needed to serve continued load growth. Mr. Fleissner stated that the proposed line will run from the existing Meadowbrook area, follow along the railroad tracks for almost a quarter of the line, cut through a small portion of the Agricultural District, cross Rt. 631, and continue north across pasture land into the Bartonville Substation Site. Ms. Abrahamson then explained the alternate routes for the line and how the proposed route was derived. She noted that the route chosen, the Eastern Route, minimized land use impacts and visual impacts more than the other suggested routes. She also noted that some constraints considered in this area were the residential developments, urban areas (Stephens City and Winchester), extractive industries (limestone quarry), agricultural impacts (orchards and agricultural districts), cultural areas, and impacts to road crossings and woodlands. Ms. Abrahamson explained several ways to minimize land use and visual impacts while constructing the line; such as, utilizing aesthetically appealing structures and self- supporting structures(no guide wires), careful placement of structures (parallel to roads and 1629 field lines), and careful placement in orchards to minimize the number of trees needed to be removed. Mr. Fleissner explained that a line of this size would not be lower than 23 feet from ground level. He also explained that the average height of the top of an apple tree would be considered ground level in orchards. As a result, the line would not interfere with any orchard equipment and Potomac Edison would not run the risk of having a line damaged. Mr. Stiles next asked what procedure would be followed if Potomac Edison wished to increase the size of the line. Mr. Fleissner replied that the structures are designed for a 138 line and if a higher voltage was wanted, the structures would physically have to be changed. He noted that the structures are designed to hold six lines, of which three lines will be strung. Therefore, if more power is needed, lines can be added to the structures. He noted that two 138 lines do not add up to 276 volts; the voltage on the lines is not cumulative and, there- fore, they would not have to contact the State Corporation Commission. In answer to Chairman Brumback's question, Mr. Fleissner stated that the right of way would be 65 feet. He noted that this 65 feet is an easement and not a fee purchase. This would restrict construction by the landowner, for electrical clearance purposes, and still allow for Potomac Edison to maintain and operate the line. Mr. Horne asked what the size of the structure base would be. Mr. Fleissner stated that for a straight line pole the base is three feet and for poles going around a bend, it would be six feet. Mr. Stiles inquired as to why the line could not be run along the railroad tracks. 1630 -10- Mr. Fleissner described some technical problems involved with going along this route. He also explained that the line would have to run past the quarry this route and the insulators on the structures would be contaminated by limestone dust. tie further explained that this route would cost $1,250,000 more to construct than the route chosen. Mr. Horne asked what the negative impacts of this line would be on an orchard. Ms. Abrahamson replied that the line would be constructed so as to allow the trees to continue growing underneath the line and also to allow orchard work to continue. Mr. Fleissner explained that the line would be running across only about 2 1/2 acres of orchard and, therefore, there would only be about two or three structures in the orchard. There next ensued a brief discussion on the effect of the power line on bee activity. Mr. Fleissner stated that in every study he has read there was no effect on bee activity around a line of size 500 kV or lower. After some final brief discussion, Chairman Brumback thanked the representatives of Potomac Edison Company for attending the meeting. Request by Fort Collier Industrial Estates for Industrial Access Funding Mr. Horne explained that Fort Collier Industrial Estates, on behalf of Shockey Realty and ACF Industries is requesting approval from the Board of Supervisors for the use of Industrial Access funds by the Virginia Department of Highways and Transportation for the construction of West Brooke Road in the Fort Collier Industrial Estates. This road 1631 -11- would serve an existing building occupied by Shockey Realty and an expansion underway for ACF Industries. After a brief discussion, Mr. Stiles moved that the Planning Commission recommend approval of this request. This motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval to the Board of Supervisors for the use of industrial access funds by the Virginia Department of Highways and Transportation for the construction of West Brooke Road in the Fort Collier Industrial Estates. The above resolution was passed unanimously. There being no further business to discuss, Mr. Golladay moved for adjournment. This motion was seconded by Mr. Stiles and passed unanimously. Respectfully submitted, Frank Bru back, Chairman hn T. P. Horne, Secretary 1632