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PC_01-17-79_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Meeting Room, Janu 1979. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel DeHaven; James Golladay, Jr.; W. French Kirk; Elmer Venskoske; Herbert L. Sluder ABSENT: Thomas Rosenberger CALL TO ORDER The Chairman called the meeting to order and proceeded to the I first order of business. Minutes of the Meeting -- Janaury 3, 1979 -- Approved as Submitted. Upon motion made by Elmer Venskoske, seconded.by James Golladay, Jr. and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the minutes of January 3, 1979 as submitted. BIMONTHLY REPORT The bimonthly report was discussed and accepted as information. SUBDIVISION The subdivision of Garland Gather to divide two lots into four, on Route 654 in Back Creek Magisterial District had been tabled at the meeting of January 3 until Mr. Sluder of the Health Department could make an inspection of the property. Upon motion made by Frank Brumback and seconded -by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby bring the tabled motion of the Cather Subdivision back on the floor for discussion. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- Yes 597 (P /C 1/17/79) p 2 Garland Cather appeared before the Commission. Mr. Sluder told.the Commission that he had been out on the property and they had made a few corrections to the existing health permits. Mr. Sluder stated that the drainfields would have to be installed according to the new pelmits or they would not pass final inspection. A discussion was held on the lots and it was noted that the li is were located on a deadend road. i There being no opposition, the following motion was made by M DeHaven and seconded by W. French Kirk; BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of the Garland Cather Subdivision Amendment. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES - - - - - - - - - - - - - - - - - - - - QUARTERLY REPORT -- SANITATION AUTHORITY i i James Golladay, Jr., Planning Commission representative to the Sanitation Authority, brought up the Gilpin Industrial Park for discussion. He stated the i Gilpin's were working out a contract with the Sanitation Authoriti to provide water and sewer to the park. Mr. Golladay noted that there was alsite plan - for a warehouse to be located in the Gilpin Industrial Park and he felt the Commission should discuss the water /sewer situation with Mr. Jones before they heard the request_ Wellington Jones, Sanitation Authority Director, appeared before the Commission and stated that he had met with the representatives of the Gilpin Industrial Park and an agreement would be ready to be signed by the end of the week (January 26). Mr. Jones stated this agreement would allow the authority to begin to take bids for the job with completion date scheduled for September 1979. A brief discussion was held by the Commission. 598 (P /C 1/17/79) p 3 Wellington Jones stated that his report would be in two parts; the first concerning projects recently completed and currently in operation and the second being general information. Mr. Jones listed the projects completed as follows: Lakeside Transit (water main) -- completed in March of 1978. Route 641 -- water facilities completed in June 1978 serving the subdivisions of Lone Oak and Wakefield. Greenwood Heights and Burning Knolls water project on Senseny Road completed in two parts -- Greenwood Heights completed in September and Burning Knolls completed in November. Mr. Jones stated the Burning Knolls sewer was completed in two parts, also -- the front half of Burning Knolls which flows by gravity to Greenwood Heights was completed in November 1978 and the back half which flows to the lift station would be completed the middle of February. Projects under construction: Route 11, North water facility is about 85% completed with estimated completion date in April 1979. Battle Avenue sewer project is 67% completed with estimated completion date in March 1979. Frederick Mall Land Trust is a developers installed water and sewer facility along Route 522 for a distance of seven hundred (700) feet which will serve the land on the southeast corner of Fox Drive and Route 522. Fredericktown Section III, phase 5 is being installed by the developer which will serve twenty (20) new lots; one hundred fifty (150) lots have been developed in the two hundred fifty (250) lot subdivision. Proposed Projects: Stephenson water project near Clearbrook will have a short extension to the Clearbrook Shopping Center. The engineering is complete and ready to go to bids -- waiting for funding to be approved through Farmers Home Administration. 599 (P /C 1/17/79) p 4 Sunnyside storage tank, located beside the new James Wood High School ',. project will be funded jointly with the Stephenson project through FHA. This project will add adequate fire protection to both the new James Wood High School and the Apple Pie Ridge Elementary School. Route 50, east, water and sewer facility to serve the Fredericktown Mall has funding available for the project. The preliminary engineering is complete i and the authority is waiting for the scheduling of the development of the mall before the final design is made. The Red Bud Road Industrial facility will provide water and sewer to the Gilpin Industrial Park. If everything proceeds as it should, the facility should be completed in September 1979. The study of Kernstown facilities along the Route 37/91 interchange is to determine the most feasible cost effective approach to provide facilities to the area. The three alternatives being considered for this area are: construction of a new treatment plant at Parkins Mill, construction of a pumping station and pumping to the Abrams Creek Plant, and expansion of the existing sewage treatment plant in the area. Mr. Jones stated this facility would be based on future development. General Information: Mr. Jones stated the Stephens Run area which'is located east of Stephens City now has four hundred thirty -seven (437) sewer connections and five hundred eight (508) water connections. He stated the plant which has a two hundred thousand (200,000) gallon per day capacity is a secondary plant serving this area and during the last quarter it was at fifty -nine percent (59 %) of its capacity. The Abrams Creek Service Area has four hundred sixty -nine (469) sewer connections and four hundred eighty -two (482) water connections. The plant is a one -half million (500,000) gallon advanced waste water treatment plant and during the last quarter it was at twenty -six percent (26 %) of its hydraulic capacity. .t1 (P /C 1/17/79) p 5 A discussion was held on the different projects by the Commission and Mr. Jones. Garland Cather, resident of Frederick County, stated that he had heard that I the new James Wood High School -Apple Pie Ridge Campus would have insufficient water pressure therefore, creating a hazard in the event of a fire. Mr. Jones quickly responded to Mr. Cather's question. He informed Mr. Cather and the Commission that the new high school would be adequately equipped for fire protection. Mr. Jones stated that there had been a problem however, and booster pumps would be installed. Mr. Jones explained the entire system to the Commission and stated the system had been approved by all agencies including the insurance company. The Commission thanked Mr. Jones for making the presentation. PRESENTATION ON AGRICULTURAL LAND Mr. Berg stated that the Commission had begun discussing Agricultural land and had requested that Robert Holmes, Soil Scientist Party Leader, make a presentation to the Commission. Mr. Berg stated that Mr. Holmes was prepared to make a presentation regarding the new mapping system that would be available in the near future and also the information regarding the different types of soils in the county. Robert Holmes appeared before the Commission and gave a slide presentation on how soil surveys are made. Mr. Holmes also showed a soil survey progress map of completed work in Frederick County, and presented the members with a field sheet. Mr. Holmes stated soil surveys were begun in 1974 and they were hoping to have all soils mapped in the County by 1981, and by 1982 a public document of the soil survey report could be,handed out to the public. Mr. Holmes talked about prime agricultural land and stated to date they have twelve (12) soils in Frederick County that could be classified as prime agricultural 601 (P /C 1/17/79) p E land. Mr. Holmes gave a definition of prime farm land as being the land best suited for producing food, feed,fiber and also other uses such as crop land, pasture land, range land, forest land or other land, but not urban or water bodies. Mr. Holmes stated the prime agricultural land has the soil qualities, growing seasons, and the moisture supplies needed to produce high yield of crops, economically. Mr. Holmes told the Commission he had contacted the soil scientist in Richmond and they had informed him they would come to Frederick County and work with the Commission in developing prime farm land on land maps. It was noted that, if time and funds were available, a research project could be made to determine how many septic systems could be put in a particular area before problems would be encountered. The Commission thanked Mr. Holmes for his presentation. The Chairman asked Mark Davis, District Conservationist with the Soil Scientist in Winchester, or Gary C. DeOms, Virginia Tech Extension Agent, if they would like to comment. Mr. Davis stated that not only prime agricultural land but unique agricultural land (orchard land, etc.) should be considered, also. Dr. DeOms stated he looked forward to working with the Commission on the preservation of farm land. SITE PLANS Site Plan No. 035 -78 -- request for approval by L & L Builders for a warehouse building on Lenoir Drive in Stonewall Magisterial District. Action -- Recommend Approval Mr. Berg stated this was a request for a warehouse on Lenoir Drive in the Gilpin Industrial Park. He stated an entrance was proposed to the east of the property. The building would be a thirty foot by ninety foot (30' x 90') rental 6 (P /C 1/17/79) p 7 warehouse only and there would be no employees. Mr. Berg stated that no health facilities would be required. All reviewing. agency requirements had been met. Lee Ebert, Certified Land Surveyor, appeared before the Commission representing the site plan. The entrance was discussed and it was noted that the proposed entrance did meet Virginia Department of Highways and Transportation requirements. It was also noted that the Highway Department had strongly urged that the existing entrance on the property have bituminous treatment, as well, since this treatment was not required when it was installed. A discussion was held on this existing entrance. Mr. Ebert stated he thought L & L Builders intended to pave both entrances, but he could not commit to that. Mr. Ebert, also stated he thought at the time the entrance was installed it had met the Highway Department standards however, they had changed their paving over the years. There being no opposition, the following motion was made by Frank Brumback and seconded by James Golladay, Jr., BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this site plan and strongly urge that the existing entrance have a bituminous treatment as recommended by the Virginia Department of Highways and Transportation. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback;IChairman -- YES Site Plan No. 032 -78 -- request by Allen Properties, Inc. for a grocery store off Route 277 in opequon Magisterial District. Action -- Recommend Approval Mr. Berg stated the site plan was for a grocery store to be located on Route 277. He stated that earlier a Kentucky Fried Chicken store had been approved by the Commission and Board of Supervisors on the corner lot and at that time two entrances were approved; one for Kentucky Fried Chicken, and one to the east. Mr. Berg stated Mr. Stimpson had later added a sixty foot right -of -way beside the Kentucky 603 (P /C 1/17/79) p 8 Fried Chicken Store when the site plan was approved for the Stimpson's grocery store. Mr. Berg stated all requirements had been met by the reviewing agencies. Mr. Berg told the Commission the issue was Lot B, which is vacant at this time. He stated there was going to be a problem with an entrance to the property. H. B. Alexander, and Mr. Tooney, appeared before the Commission and read a letter from Tom Scully, property owner. Upon motion made by Frank Brumback, seconded by James Golladay, Jr, and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby make the letter a part of the minutes. Thomas G. Scully Attorney at Law Drug Fair Building P. O. Box 274 Winchester, Virginia 22601 January 5, 1979 Ron Berg Planning and Developmert.Department 9 Court Square Winchester, Virginia 22601 In Re: Allen Properties, Inc. Dear Ron: we are having a meeting this morning in your office and I am handing you this letter in order that you will have something on record for your files which sets forth my plans with some definiteness. When I first became interested in erecting a grocery store on the site on the north side of Route 277 next to the dedicated 60 foot street adjacent to the Stimpsons' I understood there were no problems as far as your office was concerned. I accordingly went forward with my plans and purchased the nine acre tract from Allen Properties, Inc. and am commited to erect a 15,000 square foot grocery store. My lessee, Malone and Hyde, Inc. asked that I amend the plot plan dated November 14 to give them more parking spaces. At the same time they asked if I would sketch on this plan the approximate location of the bank about which I had spoken. In asking Mr. Nicely to expand the parking lot I mistakingly gave him the impression that I wanted him to sketch in a drive -in bank. He was under the impression that what I wanted was something that I was going to ask to be approved by the planning board. When he showed it to me I should have asked him to redo his work but instead because he did such a nice looking job I let it stand. 604 (P /C 1/17/79) p 9 I have now corrected this and he has prepared another revision dated January 4, copies of which are in your office. I have no present definite plans to do anything other than put in a grocery store. I have only a very general under- standing with the C & S Bank that I will endeavor to erect a building that will be suitable for their purposes. I did not discuss any location before the sketch was prepared and when I showed it to them they had some questions about it. My status with them is simply that at some time in the future we will explore the possibility of my erecting a building for them. At that time I will make the proper, applications for the building permit and I understand that if I am granted the permit for the grocery store it will stand by itself and any other buildings or plans will have to be approved on their own merit. Thanking you very much, I remain Yours very truly, /s/ Thomas G. Scully A lengthy discussion was held on the entrances and it was decided that Lot B would definitely have an entrance problem. The consensus of the Commission was that the owner be informed that the Commission would not be in favor of another entrance onto Route 277, therefore, there would be a definite problem developing Lot B. Mr. Brumback left the room, therefore, his vote is not recorded in this request. There being no opposition, the following motion was made by James Golladay, Jr. and seconded by Manuel DeHaven; BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of this site plan to the Board of Supervisors. The motion passed by the following vote: Chairman -- ABSTAIN Kirk; DeHaven; Golladay, Jr.; Venskoske -- YES Mr. Golladay stated that he felt Mr. Scully should attend a Planning Commission meeting to discuss Lot B. Mr. Berg stated that Mr. Stimpson and Mr. Scully were working together to develop a master plan with the emphasis on the sixty (60) foot right -of -way and perhaps to install a traffic light. MR (P /C 1/17/79) p 10 Site Plan No. 037 -78 -- request by Robert F. Zeigler for a wholesale air - conditioning company in the Ash Hollow Industrial Park in Stonewall Magisterial District. Action -- Recommend Approval Mr. Berg told the Commission this was the first lot in the Ash Hollow Industrial Park to be developed. He stated the proposal was for a garage, shop and warehouse and offices for Robert F. Zeigler, Inc., mechanical contractors. Mr. Berg stated all requirements had been met by the Sanitation Authority and the Highway Department (although the street is not a part of the Highway system at this time, it will meet standards at such time it is added). Dick Demorest, Branch Manager of Robert F. Zeigler, Inc., appeared before the Commission and stated they would employ about forty (40) persons. A discussion was held on the reviewing comments made by the Department of Public Works regarding the 95% compaction on the parking lot and the water and sewer laterals. Mr. Berg stated that the Department of Public Works and the Inspections Department would enforce the 95% compaction. It was noted that the Ash Hollow Industrial Park had been granted a blanket setback variance by the Board of Zoning Appeals in October 1977. Upon motion made by Manuel DeHaven and seconded by W. French Kirk, BE IT RESOLVED, That the Planning Commission for the County of l Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this site plan request. The motion passed by the following vote: Venskoske -- NO Kirk; DeHaven; Golladay, Jr.; Brumback; Chairman -- YES The variance was discussed by the Commission. Upon motion made by Frank Brumback and seconded by James Golladay, Jr. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move to obtain legal opinion from Lawrence Ambrogi, of whether blanket variances can or cannot be granted by the Board of Zoning Appeals. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES MR (P /C 1/17/79) p 11 CONDITIONAL USE PERMIT Conditional Use Permit No. 023 -78 -- request by Charles W. Bush for a home occupation at Route 257, Country Club Drive, in Shawnee Magisterial District. Action -- Recommend Approval Mr. Berg read the application to the Commission and stated that this was a request for a bookkeeping office in the home to be operated by the Bush family. Mrs. Charles Bush, applicant; appeared before the Commission and stated her husband had been working with this business for quite some time and now he wanted to conduct the business from his home. There being no opposition, the following motion was made by James Golladay, Jr. and seconded by Manuel DeHaven;, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of a one year permit to the Board of Supervisors of this Conditional Use Permit No. 023 -78. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman -- YES SUBDIVISION Request for a two (2) lot subdivision by Susanreed Walden at Route 671 and 742 in Stonewall Magisterial District. Action -- Recommend Approval Mr. Berg told the Commission this was a request for a two lot subdivision at Clearbrook. He stated a drainage easement had been added to the plat to handle the lot drainage. Mr. Berg stated all reviewing agency requirements had been met. James Louis, Sr., appeared before the Commission to represent the request. He told the Commission he was going to purchase the lot facing Route 742. A brief discussion was held and there being no opposition, theTollowing motion was made by Manuel DeHaven and seconded by Elmer Venskoske; 607 (P /C 1/17/79) p 12 BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this subdivision request. The motion passed by the following vote: Kirk; DeHaven; Goll'aday, Jr.; Venskoske; Brumback; Chairman -- YES Request for subdivision amendments in Lone Oak Subdivision on Route 641 in Opequon Magisterial District. Action -- Recommend Approval James Golladay, Jr. stated he would abstain from discussion or voting on this request. Mr. Berg stated that the copy of the revised plat was in the members agenda. It was noted that this was a request to amend three existing lots by adding to the rear of the properties. A discussion was held on these lots and Mr. Sluder stated that only Lot 30A had been approved by the Health Department. Mr. Sluder stated the reason for the added land to Lot 30A was to install a drainfield. He told the Commission no drainfield sites had been found on Lots 31A and 32A even though additional land had been added to these lots as well. E. R. Neff, Jr., property owner, appeared before the Commission and stated he was only interested in having Lot 30A approved. The Commission held a discussion and decided that Lot 30 -A should be the only lot considered at this time since the other two lots did not have Health Department approval. There being no opposition, the following motion was made by Frank Brumback and seconded by W. French Kirk; BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of this amendment to the subdivision plat to include the added portion to Lot 30 -A only. The motion passed by the following vote: Golladay, Jr. -- ABSTAIN Kirk; DeHaven; Venskoske; Brumback; Chairman -- YES S (P /C 1/17/79) p 13 A discussion was held regarding a Bill that was being considered by the State legislature dealing with the conservation of agricultural land. The consensus of the Commission was to discuss the Bill at the Planning Commission meeting of February 7. Due to the lengthy agenda, consideration of amendments to the Zoning Ordinance to include nonprofit organization signs as permitted uses and an amendment to the definitions section of the Zoning Ordinance was continued to a future meeting. Sunnyside -- Zoning Map Amendment Mr. Berg told the Commission Mrs. Hockman of Sunnyside had several lots that were zoned Business and because of this zoning she could not build a house on the lot. He stated this request had been discussed by the Commission before and he felt some.action should be taken so that Mrs. Hockman could build a house in the Spring. It was noted that several lots in Sunnyside were in the same situation. A discussion was held and the Commission decided to act only on Mrs. Hockman's property. Upon motion made by James Golladay, Jr. and seconded by Elmer Venskoske; BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby move to advertise for public hearing the zoning changes from B -2 to R -3 of the lots on the east side of Block C, in Sunnyside. The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback;lChairman -- YES C (P /C 1/17/79) p 14 Adjournment Upon motion made by James Colladay, Jr.,,seconded by Elmer Ven'skoske and approved unanimously, BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby adjourn its meeting; there being no further business. Respectfully Submitted, Ronald Berg, Secretary C. .dot Gordor7 Chairman 610