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PC_09-02-81_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMiMISSION Held in the Board of Supervisors' Meeting Room, September 2, 1981. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; Kenneth Stiles; W. French Kirk; Manuel DeHaven; Domenic Palumbo; George Romine; James Golladay; A. L. Myers ABSENT: Herbert Sluder CALL TO ORDER The Chairman called the meeting to order. The first order of business, to address a new secretary for the Planning Commission due to John Raymond Riley's resignation. Mr. Golladay motioned to appoint Mr. John T. P. Horne as the new secretary. This was seconded by Mr. Stiles and passed unanimously. BE IT RESOLVED, That the Planning Commission for the County of Frederick does hereby appoint John T. P. Horne as secretary for the Planning Commission. The next order of business, consideration of the minutes of August 19, 1981. Mr. Myers noted that on page three Mr. James Huntley should read "The Reverend James Hundley". Mr. DeHaven noted that the Gainesboro Church should be "the Gainesboro Methodist Church ". There being no further corrections, Mr. Golladay moved to approve the minutes as corrected. This was seconded by Mr. Kirk and passed unanimously. BIMONTHLY REPORT In answer to Mr. DeHaven's question, Mr. Horne replied that the conditional use permit pending for William Payne is for a small engine repair shop in an existing garage on Route 522 South. 1417 -2- The Chairman next accepted the bimonthly report as information only. SITE PLANS Site Plan Request No. 010 -81 of Westvaco Corporation consisting of 25,184 acres zoned M -1 (Industrial- Limited) in the Stonewall Magisterial District. ACTION - Approved The Secretary gave the background information. Mr. Horne displayed an updated site plan and stated that the entrance road will be fully paved with asphalt. He also noted where the logs will be stored. Mr. Horne noted that a chain link fence with redwood slats woven through and pine trees will comprise the screening. In answer to Mr. Brumback's question, Mr. Horne commented that five acres will be screened. Mr. Vorbauch, representative for Westvaco, came forward to answer any questions. Mr. Vorbauch stated that there will be three rows of trees along the front of the site and two rows by the County road. Mr. Vorbauch also stated that there will be no trees planted along the railroad. In reply to Mr. Stiles' question, Mr. Vorbauch noted that the trees would grow about two to three feet per year. In answer to Mr. Stiles' question, Mr. Horne replied that there was plenty of room for water runoff to spread out before it gets to the road. In answer to Mr. Palumbo's concern about the dust, Mr. Horne stated that although a certain amount of dust is unavoidable, it can be 1418 -3- minimized by the use of 21 -A standard highway gravel. He further stated that some dust will be filtered by the trees. Mr. Vorbauch commented that the vehicles moving on this road will be slow moving and this alone would be a major factor in controlling the dust. Mr. Vorbauch noted that dust is considered a contaminate to their product and therefore, they want to keep dust at a minimum also. There being no one in the audience wishing to speak in opposition to this request, Mr. DeHaven motioned to approve the site plan. This motion was seconded by Mr. Palumbo and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Site Plan Request No. 010 -81 of Westvaco Corporation for a chipping operation. Discussion of Board of Zoni Variance Aoolication. >eals' Acti David Chairman Gordon read a letter from David Holliday to James White, County Administrator, concerning the Board of Zoning Appeals' action. Mr. Stiles moved to make the letter an official part of the record. This was seconded by Mr. Golladay and passed unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby incorporate into the minutes the letter of David Holliday concerning the Board of Zoning Appeals' action as follows: August 31, 1981 Mr. James White Frederick County Administrator 9 Court Square Winchester, VA 22601 Dear Jim: 1419 -4- Please be advised that I have no intentions of submitting the plat of the Broad Avenue Subdivision to the Planning Commission as it was approved by the Board of Zoning Appeals. It has come to my attention that the Planning Commission has asked the Board of Supervisors to bring suit against the Board of Zoning Appeals. Although I feel that the Board of Zoning Appeals was right in their decision, that it is the best use of the land, that it will help all parties concerned in the Broad Avenue area, and that it might be a very good test case, I do not wish to be a party to any conflict between our County's agencies as they have enough problems at hand to deal with, less and except any brought about by my following the proper procedure layed down by law. I am sorry if this has caused any of you any inconvenience, and beg that you will press forth with newer and more workable planning and subdivision regulations, so that we can eliminate this type of thing from occurring in the future. Thanking you in advance, I remain. Sincerely, David B. Holliday cc: John Horne, Director of Planning Langdon Gordon, Chairman Planning Commission S. Roger Koontz, Chairman Frederick County Board of Supervisors Lawrence Ambrogi, Commonwealth's Attorney DBH:jh It was the general consensus of the Commission that even though David Holliday has no intentions of submitting the Broad Avenue Subdivision plat to the Planning Commission at the present time, he may do so in the future. The Commission also felt that other variances may be granted in this same manner if action is not taken on this case. As a result, the Planning Commission felt no reason to change any course of legal action to contest the Board of Zoning Appeals' action on the David Holliday variance request. Discussion of Statement of Intent for Parks and Recreation Policy Mr. Horne presented a statement of intent which could be attached to the policy developed by the Parks and Recreation Department. 1420 -5- The Commission suggested some minor changes in wording so that the statement of intent implied that the policy is a system to evaluate needs not a system to implement recreational facilities. Mr. Horne stated that he would present a revised statement of intent at the next Planning Commission meeting. Discussion of Community Survey Mr. Golladay noted that the copy of the survey presented was the final draft. Mr. Golladay requested that each Planning Commission member review the survey and note any changes or corrections. Mr. Horne presented a replacement for section D of the survey. Mr. Horne felt that while the questions in the original section D might be good to know, there is not a whole lot that can be done about them at a local level and the alternate questions may have more significance. Mr. Horne next noted that the five civic groups that will be involved are the Farm Bureau, the Homemakers Extension Service, the Top of Virginia Home Builders Association, the Ruritan Groups, and the Taxpayers Association. Mr. Horne stated that the staff will be in contact with group leaders and it will be up to these leaders to get their members' surveys in. The Commission was in agreement that section D should be replaced with the alternate questions submitted by Mr. Horne. There next ensued a discussion on the time frame allotted and whether the groups chosen would represent an unbiased sample. Mr. Horne announced that the next meetings of the Comprehensive Plan Update Subcommittee and the Capital Improvements Plan Committee would be on Friday, September 4th at 11:30 a.m. 1421 Discussion of Oak Hills Case Mr. Horne stated that the two decisions presented in the letter were seperate. One was whether the Board had the power to use discretionary authority over subdivision proposals. Mr. Horne stated that the decision was that they did indeed have that power. The second question was whether the Board was arbitrary or capricious in their decision and it was decided that in this case, they were not. There being no further business to discuss, Mr. Golladay motioned for adjournment. This was seconded by Mr. DeHaven and passed unanimously. Respectfully Submitted, John T. P. Horne, Secretary C. Lan don Gordon, Chairman 1422