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PC_07-01-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisor's Meeting Room, July 1, 1981 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; A. L. Myers; James Golladay; Manuel DeHaven; W. French Kirk; Domenic Palumbo; George Romine; Herbert Sluder; Kenneth Stiles CALL TO ORDER The Chairman called the meeting to order. The first order of business, consideration of the minutes of June 17, 1981. Mr. Myers noted that on page 3, third paragraph should read, "...Winchester T.V. Cable would have first right of refusal of the purchase." Because of vaqueness on page five of the minutes, Mr. Palumbo requested that the tapes be reviewed on this section of the meeting. There being no further corrections, Mr. Kirk motioned to approve the minutes of July 1, 1981, as amended. This was seconded by Mr. Golladay and the vote was as follows: YES - Messrs. Gordon, Brumback, Myers, Golladay, DeHaven, Kirk, Palumbo, Romine ABSTAIN - Mr. Stiles BIMONTHLY REPORT In answer to Mr. Golladay's inquiry, Mr. Riley stated that David and Margaret Soper are requesting rezoning from B -2 to M -1 on Route 50W in the vicinity of Round Hill to manufacture custom ornamental iron products. Mr. Riley continued that this request will be presented in August. Chairman Gordon next requested that the minutes involving Mr. Soper's previous rezoning request be brought before the Commission. In reply to Chairman Gordon's question, Mr. Riley stated that the Conditional Use Permit for Jerry and Kathy Harris will be presented to the Commission on July 15th. This Conditional Use Permit is for a home occupation /small engine repair located on Route 661. Chairman Gordon next accepted the Bimonthly Report as information only. 1361 -2- SITE PLANS Site Plan Request No. 009 -81 of Potomac Edison Company zoned A -2, Agricultural - General in the Shawnee Magisterial District. ACTION - Approved The Secretary gave the background information. Mr. Jack Dickinson, Supervisor of Substation Engineering for Potomac Edison, came forward and introduced himself to the Commission. Mr. Dickinson explained that the parcel he proposes to build on is the Perry Engineering Shale Pit, located between Sulphur Springs Road and the lumber yard on Route 50 East. He further explained that the load has grown in the Route 50 East corridor and with the addition of the new mall, a distribution substation must be built in closer. Mr. Dickinson continued, stating that Potomac Edison plans to build an express 12 KV line on the existing right -of -way over to the new shopping mall and hopes it will be in service by October of next year. Potomac Edison will build a temporary substation on this site to serve the mall initially, if this site plan is approved. Answering Chairman Gordon's question, Mr. Dickinson stated that the substation will sit approximately 300 to 400 feet back from Route 50. In reply to Mr. DeHaven's question, Mr. Dickinson stated that the substation is not being built on the property of the mall because it will serve other areas besides the mall. This substation will serve along Route 50 East, into town and back toward the east Winchester substation along Senseny Road, in addition to the mall . In answer to Mr. Golladay's question, Mr. Dickinson stated that power will be gotten by tapping an existing 138 KV line that runs 1362 - 3 - from Red Bud Road to Double Toll Gate. The area fenced in at the site will be 200 feet by 200 feet. Mr. DeHaven expressed concern about notification of adjoining property owners. Mr. Riley explained that adjoiner notification is usually done only for public hearings. Mr. Riley also noted that the use Potomac Edison is applying for is permitted in this zoning. Mr. Sam Lehman, representing the Frederick County Taxpayers Association, came forward and stated that he felt public utilities, emergency services, etc., should be in a seperate category by themselves. Answering Mr. Palumbo's question, Mr. Dickinson stated that this service should not cause any interference with T.V. reception. There being no one present wishing to speak further, Mr. Kirk motioned to approve this site plan request. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan Request No. 009 -81 of Potomac Edison Company. Site Plan Request No. 008 -81 of Winchester Warehousing, zoned M -L, Industrial - General, in the Stonewall Magisterial District. ACTION - Approved The Secretary gave the background information. Mr. Stiles asked if the City has to give approval on this request. Mr. Riley replied that the only occassion that the City's approval is required is under enabling legislation for subdivision requests. 1363 - 4 - Mr. Robert Solenberger, representative for this request, came forward and introduced himself to the Commission. In answer to Chairman Gordon's question, Mr. Solenberger stated that there is roughly eight acres fenced in on the site. There being no one wishing to speak further, Mr. DeHaven moved to approve this site plan request. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby approve Site Plan Request No. 008 -81 of Winchester Warehousing. Discussion of A -1 and A -2 Zones Mr. Stiles stated that under the A -1 and A -2 section of the Ordinance, public utilities, power substations, etc. are permitted as a matter of right and these uses are, in many ways, more offensive to neighbors, more damaging to property values and more damaging from a physical safety standpoint than a number of uses which require a conditional use permit. Mr. Stiles next requested the staff to review and compile some information, starting with those uses which are identified in the relevant section of the state code. DISCUSSION OF THE COMPREHENSIVE PLAN UPDATE Mr. Riley stated that the subcommittee met with the staff of the Division of Continuing Education at Virginia Tech in Blacksburg to acquire input on involving the citizens of Frederick County with the Comprehensive Plan Update. Mr. Riley commented that the staff received good suggestions and information and suggested that the subcommittee reconvene to put together a plan for citizen involvement. 1364 -5- Mr. Golladay announced that the subcommittee would meet at 11:30 a.m. on July 8th and Mr. Golladay also invited the press to attend. DISCUSSION OF CORRIDOR H PROPOSAL There next ensued a discussion of West Virginia's plan to use Route 55 from their border through Virginia to meet I -81 for an interstate highway. Mr. Riley next presented a letter from the Star Tannery Citizens for Action who are opposed to the Corridor H Proposal. Mr. Stiles motioned to make the letter a part of the minutes and this was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby include the letter from the Star Tannery Citizens for Action into the minutes as follows: Box 50, Route 600 Star Tannery, Va. 22654 June 8, 1981 Frederick County Administrator 9 Court Square Winchester, Va. 22601 Dear Sir: This is to advise you that the Star Tannery Citizens for Action and another group calling themselves "Say No to Corrider H" definitely oppose West Virginia's plan to use Route 55 from their border through Virginia to meet I -812 or 3 miles west of Strasburg. Many homes and businesses would be destroyed as well as churches and even cemeteries such as the one at Lebanon Church in Shenandoah County. If West Virginia feels they need such a highway which has been in the mill since 1965, let them construct it to the border or else use Route 50 which is already a 4 -lane except for about 4 miles from Gore to the W.Va. line. However, I do not want to see any homes or business or churches or anything destroyed. If W. Va. has gotten along all these years without this highway, it seems terribly 1365 - 6 - irresponsible that they should be pressing for this highway at this time when the Federal government, State and local governments are trying to economize and cut out the frills. We do not want Route 55 made into a 4 -lane highway and we will oppose such an action. Thank you. Very truly yours, /s /Cyreal G. Wilson Cyreal G. Wilson Star Tannery Citizens for Action Say No to Corridor H Committee Because sufficient information on the project was not yet available, Mr. Golladay motioned that the Commission have no comment until the Commission is formally asked for a position. This was seconded by Mr. Kirk and the vote was as follows: YES - Messrs. Gordon, Brumback, Golladay, DeHaven Kirk, Palumbo, Romine, Stiles NO - Mr. Myers BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby choose, at this time, to present no comment on the Quarter H Proposal. DISCUSSION OF CONSTRUCTION IN STAR TANNERY AREA Mr. Horne brought to the attention of the Commission the construction along Duck Run on the north side of Route 55 by Mr. Nicholson. Mr. Horne stated that Mr. Nicholson has run a culvert across the creek and has built a pond. No erosion is taking place and he has begun to seed and stabilize the slopes of the pond. There is no conflict with any County Ordinances although the residences of Bushy Ridge were concerned that Mr. Nicholson had started a mining operation, but he has not. 1366 - 7 - There being no further business to discuss, Mr. Stiles moved to adjourn. This was seconded by Mr. Golladay and passed unanimously. Respectfully submitted, C. Lan on Gordon, Chairman 1367