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PC_11-07-79_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING Cav]MISSION Held in the Board of Supervisors' Room, November 7, 1979 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice - Chairman; Elmer Venskoske; W. French Kirk; Manuel DeHaven; James Golladay, Jr.; Thomas B. Rosenberger; Herbert Sluder. The Cha irman called the meeting to order. The first order of business was the consideration of the minutes of the two previous meetings, October 16 and 17, 1979. There being no corrections or additions, Mr. Golladay made a motion that the minutes be approved as read. This was seconded by Mr. DeHaven and passed unanimously. Mr. Golladay first questioned what was entailed in the Cheker Oil Site Plan approval noted in the report. Mr. Riley explained that this was a building permit that was resubmitted because it was in a flood plain area and floor elevations had to be re- established. Mr. Rosenberger next asked what the status was of the Round Hill Fire Department. intent. Mr. Riley noted that the Health Department was reviewing their letter of In answer to Mr. DeHaven's question, Mr. Riley noted that the Multi - Family and Townhouse.: number for October of 1979 included eight in Ash Hollow and five in Fredericktowne Section II, The Pines. Mr. Gordon then asked what the timetable is on the Leon Zeiger Subdivision. Mr. Riley commented that he had no idea and that Mr. Ambrogi has been working on this and something should be known by the end of the week. Cha irman Gordon then asked what the holdup is on Merriman Estates. Mr. Riley noted that the Health Department is still testing out there and there were road profiles that needed to be redesigned and some erosion control measures that needed to be addressed. Mr. Riley continued, noting that everything has been addressed except for the Health Department report. In answer to Mr. Kirk's question, Mr. Riley noted that the Apple Cart had submitted an amended site plan for the installation of self - service gas pumps. Mr. Kirk asked if there was a right - of-way through there. Mr. Riley commented that the right- of-way was shown on the site plan and the required setbacks had been met. RM Planning Commission -2- 11/7/79 Chairman Gordon then acknowledged receipt of the Bimonthly Report as information only. SUBDIVISION Request for subdivision approval by Toni. Conrad for a redivision, 4 lot subdivision, zoned A -2 in the Back Creek Magisterial District. ACTION - Recommend Approval Mr. Riley noted that staff recommends approval since all reviewing agencies indicated having no objection. Mr. Mark Conrad then came forward and introduced himself to the Planning Conmission noting he had nothing further to add. Mr. Sluder noted that he had been to the property and found no problem with this redivision. Mr. Riley commented that originally there were four five acre tracts. Mr. Riley further explained that 1.5 acres of one of the tracts was conveyed under the family variance section of the subdivision ordinance to this individual. what is being requested now, Mr. Riley continued, is the redivision of this tract to 1.9 acres to accomodate his drainfield. Mr. Riley noted that the sixty foot right - of-way was recorded to service the remaining five acre tracts. Mr. Riley also noted that this does meet the size and shape requirements of the zoning ordinance. Mr. Sluder noted that he was there to find a drainfield site on the 4.067 acre parcel and there is a site there on a knoll. Chairman Gordon then asked if there was anyone present in opposition. There being none, Mr. Brmmiback made a motion to recommend approval. This was seconded by Mr. Venskoske and passed unanimously. BE IT RESOLVED, that the Planning Commission recommend approval of the Conrad Redivision to the Board of Supervisors. 839 Planning Canmission -3- SITE PLANS 11/7/79 Request for Site Plan approval for Winchester Rendering for an 1,800 square foot office building and parking lot on the north side of Route 679 at its intersection with Route 608 in the Gainesboro Magisterial District. Site Plan No. 020 -79 ACTION- Recamend Approval Mr. Riley then gave background information, noting that the requested easement for drainage had been drawn up and suhmitted. Mr. Joe Massie then came forward and introduced himself as the attorney for Winchester Rendering. Mr. Massie noted that the deed of easement for almost one acre has been drawn up and signed. Mr. Massie further explained that this easement is on the land of Mr. Gerald Smith, the president and major stock holder of Winchester Rendering. Mr. Stan Pangle noted that they had been to the site and had no additional conments to make. Mr. Sluder explained that a lot of holes were dug out there and this site e was the best suited for drainfields. In answer to Cha Gordon's question, Mr. Sluder explained that the approval for something of this nature was based on 20 to 35 gallons per employee per day. Mr. Sam Lehman next asked how many employees there would be. Mr. Massie answered there would be eight employees. Chairman Gordon next asked for anyone in favor or opposition to the petition to acknowledge their presence. There being none, Mr. Rosenberger made a motion to recommend approval of this Site Plan. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Commission recommend approval of Site Plan No. 020 -19 to the Board of Supervisors. Mr. Riley next announced that there would be a meeting at the Lord Fairfax Coanunity College, November 13, at 7:30 on Agricultural and Forestal Districts. ME Planning Commission -4- 11/7/79 Ch airman Gordon also announced that the next meeting of the Downzoning Committee will be held on November 19, 1979 at 7:00 P. M. Mr. Riley next reported on the request for a legal opinion from Mr. Ambrogi regarding lot area requirements for existing platted subdivisions. Mr. Riley further explained that Mr. Ambrogi suggested that those subdivisions platted under the previous requirements could proceed on the old requirements provided they had lots on the preliminary master plan. Mr. Riley commented that he was in agreement with Mr. Ambrogi on his interpretation of this. Mr. Rosenberger next asked if Mr. Riley had any further information on the Land Use Tax. Mr. Riley noted that he had sent sores information to Planning Commission members and that he had not yet contacted anyone further on this. Mr. Riley suggested that it might be a good idea to hold another meeting with the assessors to go over their criteria. Mr. Riley further explained that his interpretation of the explanation ., sent to Planning Commission members on Land Use Tax was that acreage was the concern and that zoning did not cane into it so long as it remained in Land Use. Mr. Brumback then asked' how this could be changed if the locality was not happy with it the way it existed. Mr. Riley explained that he did not know the answer to this question and offered to look into this. Mr. Rosenberger suggested that perhaps the handling of this situation by other counties should be looked into. Mr. Rosenberger also suggested that perhaps the Planning District Cammission could be contacted. Mr. Riley noted that the Planning District Commission probably could only play an advisory roll in this. [M Planning Commission -S- 11/7/79 Mr. Sam Lehman commented that there are four State Agencies that could be contacted and added that he could not find a detailed outline of specifics available in the County regarding Land Use Tax. Chairman Gordon then requested Mr. Riley to further explore this question and put this subject on the next agenda for further discussion. Mr. Brnmback next suggested that a meeting with the assessors be set up to get a feel of exactly where they are going. Mr. Riley noted that he would in in Mr. Rudolph's office and see if he could set up a meeting. Cha irman Gordon suggested this meeting take place after the maps are completed but before the meeting with the Board of Supervisors adding one more night would be needed. Mr. Riley added that he would try and schedule a meeting with the assessors for some time in the first part of December. PUBLIC HEARING CONDITIONAL USE PERMITS Request for a Conditional Use Permit for Curtis R. Hansen, No. 023 -79, for an automotive repair garage, Opequon Magisterial District. ACTION - Tabled Mr. Riley first gave the background information, noting that Health Department approval had been given on the condition that the repair drainfield be installed before operations commence. Mr. Golladay asked if this was the old Powell property and noted that there was not a sign displayed at this location. Mr. Riley noted that all adjoiners had been notified by certified mail and that the sign was not displayed due to an oversight by the staff. Chairman Gordon ruled that this petition be heard and called for the petitioner ME Planning Commission -6- to cane forward. 11/7/79 Since the petitioner was not present, Cha irman Gordon determined this petition should be heard later in the meeting. Request for a Conditional Use Permit for Oil Heat and Burner Service, No. 022 -79, for a storage building, Stonewall Magisterial District. ACTION - Recacmend Approval Mr. Riley first related background information, noting that adjacent land- owners were notified by certified mail. Mr. F. Albert Robinson then came forward and introduced himself as Secretary/ Treasurer of Oil Heat and Burner Service. In answer to sir. Brumback's question, Mr. Robinson noted that his sign was displayed on the back brick building. Mr. Robinson further explained that one building will adjoin the present office building for truck parking and the other will be used for storing propane tanks and parking trucks and will be an open building. Mr. Rosenberger next asked if the Department of Inspections had any special safety requirements because of the use of these buildings. Mr. Riley comiented that Mr. Brown would have to answer this question at the time the building permit is applied for. Mr. Venskoske then asked how close the closest resident would be to the storage building. Mr. Robinson answered that it would be approximately one quarter mile to the nearest resident. Mr. Stan Pangle noted that he and Mr. Brown had been on site and that Mr. Brown was aware of the type of building proposed. There being no citizen present in favor or opposing this petition, Mr. DeHaven made a motion for the recommendation of approval. This was seconded by Mr. Kirk and passed unanimously. 843 Pl annin g Commission -7- 11/7/79 BE IT RESOLVED, that the Planning Comtission recatmends approval of Conditional Use Permit No. 022 -79 of Oil Heat and Burner Service to the Board of Supervisors. Request for a Conditional Use Permit for Ralph W. Poe, No. 021 -79, for a campground, Back Creek 1•7agisterial District. ACTION - Recamiend Approval w /conditions Mr. Riley noted that there was not a sign available in the office at the time this application was received and further noted that all adjoiners had been notified. Mr. Golladay then commented that it had always been the policy of the Planning Com fission that adjoining property owners sitting on the Planning Commission not comment or vote on applications. Mr. Golladay continued by saying that he was an adjoiner to this property and would abide by the policy and not comment or vote. Chairman Gordon noted that they would proceed without the sign having been posted in this particular case and indicated that the petitioner should cane forward. Mr. Riley then gave the background information. Chairman Gordon next commented that the Commission would first hear the petitioner and would then hear anyone in favor of the petition, then those in opposition, and would give the petitioner a chance for rebuttal. Chairman Gordon noted that the Commission could set time limits but hoped that no one would monopolize the time. Mr. Eugene Gunter, Attorney and Mr. Ralph Poe next came forward and introduced themselves to the Commission and noted that a Site Plan dated October 26, 1979 has been submitted showing the topography, etc. Mr. Gunter further explained that Mr. Poe learned, without prior knowledge, that the word "CAMPING" painted on the barn roof was in violation of the County Code and noted that this is no longer visible. Mr. Gunter added that during the pendancy of this matter no construction on the area has been under- taken. Mr. Gunter explained that some rock outcroppings have been covered with fill and top soil. Mr. Gunter also noted that the small go -cart area is only used by 844 Planning Cormission -8- 11/7/79 Mr. Poe's son and neighbor children and that it is not located near the camping area. Mr. Poe has worked with the Health Department, continued Mr. Gunter, noting that this property basically drains toward the Winchester- Western railroad tracks and further noting that there is a natural stream present there which originates by the Robinson pond. Mr. Gunter also noted that this conditional use permit would not affect this drainage. At this time, Mr. Gunter requested rebuttal time and requested an explana- tion of the elimination of the laundry machines and meeting Ball /church facilities by the staff in their recommendations. Mr. Sluder explained that laundries do require a lot of water, using 30 -40 gallons per cycle, and explained that he felt a separate drainfield should be provided for these facilities. Mr. Sluder commented that in 1973.Mr. Poe was advised to contact the Bureau of Tourist Establishment Sanitation and explain what he had in mind and to obtain their suggestions. Mr. Sluder noted that Mr. Poe did this. Mr. Sluder related that Mr. Poe was also advised to hire his own soil consultant to make more detailed studies, which he did. Mr. Sluder also noted that the soil report was favorable for the areas designated for drainfields. Permits were then issued for the bath house and the 20 -22 camping sites and Mr. Poe did install almost 5,000 square feet of drainfield, continued Mr. Sluder. Mr. Sluder commented that in 1974 Mr. Poe did install a Class II well and a dumping station to serve 15 -20 trailers located further than 500 ft. from the bath house. Mr. Sluder further explained that the well had been satisfactory up until August of this year. Mr. Sluder also added that there have been no complaints with the drainfields. In answer to Mr. Brumback's question, Mr. Sluder explained that the dumping station was to be used as an overflow area and noted that he did not see any problem with it. Chairman Gordon next questioned Mr. Sluder's feelings regarding the maximum of seventy campsites. 845 Planning Commission -9- 11/7/79 In answer, Mr. Sluder cc mented that Mr. Poe originally planned to put in two additionaldrainfields and noted that there are other drainfields across the State that are larger than this. Mr. Gunter explained that this was designed by a sanitarian and included the two washing machines for the use of the campers only, noting that these are already existing. Mr. Sluder stated that the way he would have to look at this is that at maximum occupancy it may be determined in the future than an additional drainfield could be required. Mr. Gunter next addressed the elimination of the church /meeting roan and questioned why this has been excluded. Mr. Poe explained that this roan has been used for the camp office, store, meeting roan, Musetrn of old Americana, etc. Chairman Gordon then asked if enlarging this building is anticipated. Mr. Poe answered no. Cha irman Gordon next asked for anyone in favor of this petition to come forward. Mr. Steve Mullins first came forward and noted that he had a place of business on the corner of Route 50 West and Ward Avenue and commented that he had been to Mr. Poe's campground and found it one of the nicest places in the area. Mr. Mullins further commented that this campground is an asset to the comnunity, with its users being very cordial. Mr. Mullins continued, saying that this is something that Winchester needs to be able to provide to people traveling through. Mr. Donald Shanks next came forward and introduced himself to the Camumdssion and read the following letter which the Planning Carmission unanimously requested become a part of the minutes: Members of the Caimittee (on the hearing for) November 7, 1979 MC Planning Conmssion -10- 11/7/79 Candy Hill Campground Winchester, Virginia or To whom it may concern: As temporary residents of Candy Hill Campground both last fall and this (Oct. 1 - Nov. 18, 1978; and Sept. 13 - Oct. 8; and Nov. 2 through Nov. 8, 1979) for a total of 12 weeks we wish to speak to the need for this camp- ground in Winchester. Our hone is in Downey, California. Our recent campground experiences have been overnight sites while on the road and longer stays where we wish to do visiting or sight - seeing. Candy Hill compares very favorably with the other places where we have stayed across the sixteen states we've visited. It is a clean, friendly place and we have felt much at hone here. We have met many interesting fine people fron all walks of life. Many are retirees stopping here for overnight or a few days rest - on their way to Florida for the winter. We have also become acquainted with at least four fine families who were in the process of moving, and greatly needed this facility in making the transition. At the present time a father whose work in the hospital has brought him here, is our "next door" neighbor. He and his two daughters are here. The girls have enrolled in grade school and Jr. High, while his wife is disposing of property elsewhere. They are purchasing a hone, intending to make Winchester their residence. Should you wonder about our somewhat lengthy stay here, our only son, daughter -in- law and four children are making this their hone. They have purchased a hone here and are active in the community, becoming members of one of the local churches. His work for the U. S. Government has brought them here. We have greatly enjoyed the historic setting of your city, and perhaps have inspired other cam to see some of these things. Personally, we have taken the "Walking Tour" enjoying the uniqueness of Winchester, being rich in pioneer, Revolutionary and War Between the States history. We have seen most of the listed historic buildings and sites. Fran a financial standpoint (a financial asset to the city) we personally have spent several hundred dollars in merchandise and services in the following stores: (A partial listing) A & P (food store) Manuel's (food store) Sears Wards Penneys Western Auto Drug Fair Gasoline, C�rrepair, L.P. Gas Barber and Beauty Shops Valley Photo Bell's Leggetts Jay's Boys and Girls Shop Wilkins Shoe Center Restaurants: our favorites - Abe's Essenhaus, Smokies' Bar- B-Que, Kentucky Fried m Planning Commission -11- McDonalds, etc. etc.! 11/7/79 We have observed other campers carrying in groceries and all types of merchandise purchased in Winchester. We have never observed any bad type behavior at this campsite. It seems to be a safe, pleasant place for a "hone- away -from- home ", or just a few hours of relaxation. Should we have the opportunity to return next year, we would surely want to see Candy Hill thriving and continuing its services to this community. Sincerely, Don and Ramona Shanks 9621 Julius Ave. Downey, California 90204 Mr. Wade Ferguson then came forward and introduced himself to the Commission, noting he is the Executive Director of the Chamber of Commerce. Mr. Ferguson conmented that the travel promotion committee is interested in retaining this type facility in the area to fill the void of many years. Mr. Ferguson noted that this facility has had nothing but compliments. Mr. Ferguson related that the member relations committee meeting of the Chamber of Commerce was held, recently, at the campground itself and they had a chance to look over the campgrounds and they had nothing but praise for it. Mr. Greg Bishops, owner and operator of West End Salvage next come forward and introduced himself to the Commission. Mr. Bishop explained that Mr. Poe's campground is adjacent to his property and further related that he felt this campground is an asset to the community. Next to speak in favor of the petition, Mr. John Holliday, resident on Ward Avenue, then came forward and introduced himself. Mr. Holliday explained that he owned three houses on that street and noted that he could see nothing wrong with the campground. Mr. Rocky Keplinger, Fire Chief of fire department that services the campground next came forward and introduced himself to the Commission. Mr. Keplinger commented that Mr. Poe has gone with their recommendations for fire safety including the installa- tion of a gate at the swimming area for ease of getting water. Mr. Keplinger added that Mr. Poe is a very safety - minded person and noted that the campground is accessible to H Planning Commission -12- 11/7/79 main highways and campers. .1r. Riley then submitted a letter addressed to the Board of Supervisors which Mr. Scruggs requested read at the Planning Commission Public Hearing. The Planning Commission unanimously agreed that this letter became a part of the minutes. November 7, 1979 TO WHOA IT MAY CONCERN: I, Rev. Donald Scruggs, have lived on Ward Avenue for ten years close to Candy Hill Trailer Court, that Mr. Ralph Poe operates. At first when it opened, I didn't ]mow how it would be operated, but now I find, after visiting the Court many times, how clean and controled this Camp Ground is without any trouble at all. I have two trailer courts on each side of me and have no problems with any of the tenants. I have great regard for the Merriman's Lane families, but I feel that Candy Hill will pose no problems or noise for them. Mr. Poe, being and outstanding Citizen, will surely control this at all times. Rev. Donald Scruggs and Family Mr. Delmar Robinson next came forward and introduced himself to the Coimiission noting that he owned the property on south side of this campground across the railroad track and further noted that he had no objection to Mr. Poe's campground. After calling for any further speakers in favor of the petition, Chairman Gordon then called for anyone in opposition. Mr. Everett Wietzellfirst came forward and introduced himself to the Camlission and explained that he was representing himself and Mr. George Glaize and noted that he adjoined the Poe land on the east. Mr. Wietzellco mmented that it is unfortunate that this project has been allowed to progress to its present state without permits. Mr. Wietzellstated that, in the event the Planning Commission desires to support this project, it is asked that the following restrictions and requirements be considered: (1) Require the Health Authorities to moniter and identify the sources of pollution to the water supplies of this and surrounding areas; (2) Recommend action MH Planning Commission -13- 11/7/79 be taken to eliminate such pollution before any additional development is allowed to proceed; (3) Prohibit any type of activity that may add to the noise pollution of the ccrmnmity; (4) Require policing of all public activities in order to protect partici- pants as well as neighboring residents; (5) Specifically prohibit (a) firing ranges and the use of firearms for any purpose; (b) the use of motor cycles and any other type of racing or noise producing vehicles; (c) prohibit recreation halls, dance pavillions and all other types of night clubs and non - camping activities. Mr. Weitzell added, in summary, that if any type of conditional use permit is reccma-nded it is requested that it be limited to short - period camping only, with adequate controls to protect the participating public and the surrounding residents. Mr. Weitzell also noted that any conditional use permit should be subject to annual review and cancellation if provisions of the permit are not being met. In answer to Mr. Brumback's question regarding short term camping and its length, Mr. Weitzell said that in the order of two or three weeks would be acceptable. Mr. Brumback next asked Mr. Sluder what the inspection timetable is on the campground. Mr. Sluder noted that it has been at least once a month and explained that at the beginning of the year Mr. Poe will be requested to take the samples himself and the frequency of the samples will be increased. Mr. Rosenberger then questioned how long it takes to clear up an undesirable water sample and how often this problem occurs. Mr. Sluder explained that this particular well had been sampled since 1974 before any sample had been unsatisfactory. Mr. Sluder further commented that this has cleared up and that there are a lot of possible reasons for this happening. Mr. Sluder explained that with sink holes present it could be mostly soil bacteria that is doing it. The clearing of this could take several days, weeks or a month or two, 1r. Sluder continued. LM Planning Commission -14- 11/7/79 Mr. Brumback then asked if there could be any correlation between the livestock market and this situation. Mr. Sluder answered no, not in this particular case. Mr. Eldon Frye next came forward and introduced himself to the Commission explaining that he was not only an adjoiner but a sanitation engineer. Mr. Frye noted that Mr. Will Stivers and he had recently gone to the Regional Health Engineers Office to inquire about engineering approval and they had no record of this campground at all. Mr. Frye commented that the neighbors are concerned about the safety of their water supplies and ground water pollution. Mr. Frye then reported on logs taken in 1973 showing rock at 37 ", 39 ", 35" 42" and explained that four feet of fillable material is required for the installation of a safe septic field. Mr. Frye also noted that they have a 4800 gallon septic tank made of cinder block, which is not acceptable in Virginia. Mr. Frye noted that there is a possibility that the underground water in the immediate vioinity of the camp is already polluted. Mr. Frye also commented that once the ground water is contaminated we have had it and we hope the Planning Commission and Board of Supervisors will reject this plan. Mr. Wilbur Stivers next came forward and introduced himself to the Commission and noted that he has continually opposed the campground since 1973. In giving back- ground information, Mr. Stivers noted that the Planning Commission had in the past rejected this petition because of the traffic, size of road, and because of potential ground water contamination. Mr. Stivers commented that nothing basically has changed except that they have had a chance to endure mini bikes, look at a sign on the barn, a chance to look at a camper with a skirt on it which was recently moved b_v the building inspector and have had a chance to become acquainted with the possibility of ground water pollution. In addressing the question of investment, Mr. Stivers continued, there was a court decision in 1976 and Mr. Poe sent a letter to Mr. McCubbin noting that all the facilities were in that were necessary for operating a campground. Mr. Stivers also noted that the court decided that at this time the campground is illegal, was never a permitted use 851 Planning Commission -15- 11/7/79 and could only be changed by going before the Supreme Court. Mr. Stivers then presented pictures of ward Avenue and rock outcroppings that existed in 1972 and 1973 to the Planning Commission members. Mr. Venskoske then asked if the picture of the accident included a camper. Mr. Stivers answered no, explaining that this was before the campground was approved. In answer to Mr. Pangle's question, Mr. Stivers noted that some of the pictures were taken before Route 37 was constructed. Mrs. Eleanor White an adjoiner came forward and introduced herself to the Concussion and explained that the stream in the picture is normally dry and only had water during a wet spring. Mrs. White consented that the trees in the area have been in water all year long this year partially contributed to by Route 37 and perhaps the campground. Mrs. White further stated that zoning should mean something as Merriman Estates was to be a choice residential area. Mrs. white also noted that Mr. Poe has done a nice job, but noted that no one knows what the future will hold. Mrs. White commented that a citizen should know what the restrictions are before they invest. Mr. Rosenberger then asked for time to ask that Mr. Weitzell and Mr. Glaize cane back before the Commission as he had something he wished to clarify. Mr. Rosenberger then asked Mr. Weitzell to again address the health problem. Mr. Weitzell suggested that it be recamiended that any permit being made be required to identify and locate the sources of pollution rather than just permit them to be and hope they will go away; and, that this be done in an effort to eliminate the pollution if additional develo is allowed in this area. Mr. Glaize then asked, if in the future, the well should become contaminated, is it felt that the County should run central water lines to our homes. Mr. Rosenberger, in answer, noted that the Planning Commission and the Board of Supervisors is guided by what the Health Department advises on recommendations. Mr. Rosenberger then requested that Mr. Sluder address this question. 852 Planning Commission -16- 11/7/79 Mr. Sluder concened that it is almost impossible to identify a source of pollution and noted that a well west of Poe's about one mile and west of Merriman Estates is polluted and they are in the process of running samples to determine if it is soil chloroform. Mr. Sluder noted that apparently in this well, which is relatively new, there is underground pollution in an area where the housing is sparse. Mr. Sluder noted that he ran statistics of water samples taken over a several year period and about half the samples picked up at random in the County were contaminated to start with, primarily due to poor construction. Mr. Sluder also noted that you could have con- taminates from as far away as a mile. Mr. Weitzell stated that this is the very thing they are concerned about, adding seventy campers using these fields for any length of time. Mr. Sluder noted that the detailed soil report submitted by the soil scientist employed by Mr. Poe related, that from borings made, limestone rock was hit in conjunction with soil in one area and no rock was hit in another. Mr. Sluder also stated that pollution by septic tanks could occur from high concentration, with similar situations at Gainesboro School and Stonewall School. Mr. Sluder explained that a system has to be designed for the maximum usage, noting that the caffpsites will probably not be used in the winter. Mr. Cecil Gray of Ward Avenue next came forward and introduced himself to the Commission and noted that he was concerned about the traffic on this road. Mr. Gray noted delays in getting on Route 50 because of the traffic and stated that noise from trailers pulling in has awakened him at night. Mrs. Kathleen Mathias next came forward and noted that she was a resident of Merriman Estates. Mrs. Mathias stated that she is opposed to this conditional use permit and noted she would appreciate the Planning Commission considering the denial of this. Chairman Gordon then asked if there were any other citizens present who would like to speak in opposition. There being none, Chairman Gordon requested Mr. Pangle to comment. 853 Planning Commission -17- 11/7/79 Mr. Pangle noted that initialconcern regarded a possible traffic problem on Route 50 and Route 1317. Mr. Pangle ccnriented that ground water pollution was also considered and that Mr. Sterrett at the State Water Control Board was contacted for discussion. Mr. Pangle also explained that a prerequisite in this type of soil for contaminiation of ground water supply is the depth of soil and noted that detailed soil studies were requested prior to the drainfields being installed. Mr. Pangle stated that Mr. Sluder found copies of borings there that reflected 105" of soil in most of the areas where the drainfields were going, which is satisfactory. Mr. Pangle also stated that there is a small area behind Merriman Estates that is awned by the campground and it is recaimended that this area should not be used for camping or related uses. Mr. Stivers then noted that if a house had the same density as a campground, there would be a need for over 100,000 square feet in drainfield. Mr. Stivers noted it should be considered that individual drainfields would be scattered all over and would not have the high concentration that is present at the campground. Mr. Gunter came forward and noted that there are some areas he would like to address in rebuttal. Mr. Gunter suggested that the issue of ground water pollution is indeed the most critical and stated that Mr. Poe's intent is not to contaminate the area. D1r. Gunter continued, saying the flow of water is from west to east and there is nothing to suggest that there is or will be water contamination problems. Mr. Gunter also stated that the applicant has complied with the sanitarian and health department and will continue to do so. Mr. Gunter also suggested that it might be too strong a word to say the well is contaminated since it has been fine for years. Coincidentally, Mr. Gunter continued, the well now has a pad lock on it and it has cleared up in 45 to 60 days. If necessary, Mr. Gunter explained, Mr. Poe would have installed a chlorination system on the property. ME Planning Commission -18- 11/7/79 Mr. Gunter also commented that the pictures presented to the Commission were taken when Route 37 was being constructed. Mr. Gunter, addressing the zoning issue, coimiented that Merriman Estates lots were sold when there was no zoning in Frederick County and noted that the land being considered today is zoned A -2. Mr. Gunter also summarized the traffic problem by reiterating that the Highway Department found nothing wrong with this conditional use permit as far as increase in traffic. Mr. Gunter also noted that the area east of Route 37 is not intended for camp use as noted on the site plan submitted. Lastly, continued Mr. Gunter, I think that there needs to be considered that we are.here today and have been meeting since 1973 and Mr. Poe had every reason to believe that the governing body of this County had legally awarded him a conditional use permit. As Mr. Stivers points out, Mr. Gunter stated, that permit was invalid; but not because of anything that Mr. Poe or anyone in his behalf did, but because the judge decided that the hearing for the Frederick County Board of Supervisors had to be advertised and there had to be a public hearing. Mr. Gunter also noted that this point was raised last year at the Planning Commission meeting by me. In closing, we do ask the Planning CoimLission to reconmend approval of this conditional use permit and further ask the consideration of the washing machines and meeting hall. Mr. Stivers then came forward and noted that when he started to build it was A -2 zoning but was not a campground and was not owned by Mr. Poe. Mr. Stivers also commented that the pictures are more recent because they were taken by people who did not move there until more recently. Chairman Gordon then stated that the Commission would now take the opportunity to discuss this petition and ask questions. Mr. Rosenberger then asked Mr. Riley to address the question of the meeting hall. 855 Planning Comnission -19- 11/7/79 Mr. Riley conmented that the staff thought there was a proposed improvement being considered for the church /meeting roan. In explanation, Mr. Gunter noted that the only proposed improvement was the possible square dance area. Mr. Riley stated that if the church /meeting room remains the size it was at the time of inspection, he could find nothing wrong with it. Chairman Gordon then asked Mr. Gunter if he had any camient on the subject of noise pollution. Mr. Gunter indicated that there was an egg- shaped cleared area that Mr. Poe's son uses for a go -cart and further indicated that this is not in the camping area, but immediately in back of the livestock area. In answer to Mr. DeHaven's question, Mr. Gunter stated that there would be no public exhibition or renting of bikes or go- carts. Chairman Gordon then asked if Mr. Poe would agree to exclude noise - making vehicles. Mr. Gunter answered that Mr. Poe would, so far as he can enforce it, not prorate it and would post to that affect. Mr. DeHaven noted that it might be difficult for Mr. Poe to stop motorbikes fron being used for shopping, etc. Mr. Poe then acknowledged that he would not rent motorcycles and he would not permit bike riding in the campground area. Mr. Weitzell commented that he has pictures of bike riders who were not from Merriman Estates and further noted that the small bikes do make noise. Mr. Frye then asked why this was not considered a public water supply and handled by the State Department of Engineering. Mr. Sluder then asked for time to answer this question by Mr. Frye and noted that at that time Engineering had nothing to do with campground water supplies. Mr. Sluder explained that he now has a list of non- ccm=ity water supplies of which MCI Planning Conmlission -20- 11/7/79 this is considered, and samples were taken from all of them by a student from WII working with the Corps of Engineers. Mr. Sluder further explained that you just do not pick up hundreds of water supplies overnight, it takes time. Those on the list will be monitored from now on in, continued Mr. Sluder. Mr. Rosenberger commented that he remembered just what :dr. Gunter said at the last Board meting regarding the decision to go on with the meeting without the proper advertising. Mr. Rosenberger then made a motion for approval of this petition with the stipulations that the meeting room and the automatic laundry not be included for elimination and leaving all the other conditions and also including the recommenda- tion by Mr. Weitzell regarding the requiring of the Health Department to locate the source of pollution to the water supplies in this area and solve the problem. This was seconded by Mr. DeHaven. Mr. Stan Pangle then asked for clarification as to what was considered the camp area. Mr. Riley noted that the camp area includes all 47.65 acres and activities should not be allowed in the area on the east side near Merriman Estates. Mr. Brumback noted that he had some concerns such as the safety of Ward Avenue which is a fifty foot right -of -way. Cha irman Gordon then asked Mr. Gunter if the seventy spaces is all that is anticipated being situated on this land. Mr. Poe answered that he did not expect to expand. Mr. Brumback commented that this campground could change hands in the future. Mr. Riley noted that if the occupancy or use should change, the conditional use permit would have to be renewed. Mr. Rosenberger then suggested that change in ownership should also be 857 Planning Commission -21- 11/7/79 included in the motion. This was also acknowledged as satisfactory by Mr. DeHaven for his second of the motion. Mr. Kirk then raised the question of what would be considered the maximum length of stay for campers, noting that two to three weeks would seem reasonable. Mr. Poe noted that it is unusual for anyone to stay more than two weeks or C Chairman Gordon then suggested that an annual renewal or two year renewal could be considered rather._ than an indefinite period of time and that the maximum of four weeks for length of stay of campers be added. Mr. Rosenberger next suggested that the recavendation be changed to include the annual review by staff with the right to revoke if violations occur. These changes were agreed upon by general concensus of the Planning Commission members. This motion was passed by a majority vote as follows: YES - Rosenberger, Brumback, DeHaven, Kirk NO - Venskoske ABSTAINING - Golladay BE IT RESOLVED, that the Planning Commission does recommend approval of Conditional Use Permit No. 021 -79 to the Board of Supervisors with the following conditions: 1. The following proposed improvements should not be permitted: Gameroan (limited to existing room. No expansion.) Recreation hall (limited to existing room. No expansion.) Fire truck rides Open square dance pavillion 2. Recommend the following conditions be placed on the conditional use permit: 1. No. A.B.C. License. 2. No firing range. 3. Hours of operation from 7 a.m. to 11 p.m. 4. Camping spaces to be utilized only for bona fide campers (maximum length of stay four weeks.) MW Planning Commission -22- 11/7/79 5. No auto, motorbike, go- carts, or snaamobile trails in camp area or the use of such off -road vehicles for recreational purposes in the camp area. The camp area is defined on the site plan (47.65 acres as advertised.) 6. The owner shall furnish a list of proposed restrictions to be imposed. 7. Recreation facilities are restricted to the use of campers only. 8. There shall be no more than seventy (70) campsites as provided on the site plan. 9. This conditional use permit shall be reviewed annually by the staff provided that no changes take place on the site and that all conditions placed on this permit are met. If any condition is violated, it shall constitute grounds for revocation of the conditional use perriit.: 10. If the property changes use or occupancy, a new conditional use permit will be required. The Pl annin g Ccnvdssion recommends approval of this conditional use permit with the previously mentioned requirements and conditions and that the Health Authorities be required to identify and locate the sources of pollution to the water supply of this area and adjoining properties and to take action to eliminate such pollution before any additional development is allowed to proceed. Mr. Golladay then noted that on the Curtis Hansen Conditional Use Permit no action had yet been taken and suggested that if Mr. Hansen was not present this should be tabled. Chairman Gordon then asked if Mr. Hansen was present. Mr. Hansen not being present, Mr. Golladay moved to table this petition. This was seconded by Mr. DeHaven and passed unanimously. BE IT RESOLVED, that the Planning Ccnvdssion unanimously moved to table the Curtis Hansen Conditional Use Permit petition. There being no further business, Mr. Golladay moved to adjourn the meeting This was seconded by Mr. DeHaven and passed unanimously. M Respectfully Submitted,