PC_09-20-78_Meeting_MinutesMINUTES OF THE MEETING
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board of Supervisors' Meeting Room, September 20, 1978.
PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman;
Manuel DeHaven; James Golladay, Jr.; W. French Kirk;
Thomas Rosenberger; Herbert L. Sluder
ABSENT: Elmer Venskoske
CALL TO ORDER
The Chairman called the meeting to order and proceeded to the first order
of business.
Minutes of the Meeting -- September 6, 1978 -- Approved as Submitted.
September 12, 1978 -- Approved as Submitted.
Upon motion made by James Golladay, Jr., and seconded by Frank Brumback,
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby approve the minutes of both meetings.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Brumback; Rosenberger; Chairman - YES
BIMONTHLY REPORT
The Commission held a discussion on the bimonthly report and the concensus
of the Commission was to have an accumulative count of building permits as well
as bimonthly.
Zoning Map Amendment Petition No. 006 -78 of Boyco, Inc., by Rufus C. Boyce, Jr.
(President) 2214 Stonebrook Road, Winchester, Virginia, requesting that 1.01
acres, on the Southwest corner of Route 657 (Senseny Road) and Sunset Drive
now zoned Agricultural- General District-( be rezoned: Residential -
General District (R -3). This parcel is designated as property identification
number 65(A)35 and is in Shawnee Magisterial District.
517
(P /C 9/20/78) p 2
No Action
Mr. Berg explained to the Commission that this petition had been tabled
on July 5 because the water and sewer would not be available to the lots
until the end of November. He told the Commission Mr. Boyce was proposing
to rezone the land so he could divide the property into three lots.
The Commission held a discussion on whether they should consider rezoning
all the platted lots in the area instead of spot zoning the one lot. It was
noted that water and sewer would be available to the area.
It was pointed out that the rezoning would allow the smaller lots, however
the building permits would not be released for the houses until water and sewer
was available and the Sanitation Authority had approved the connections.
Mr. Brumback stated he wondered if the Commission would be doing the
people justice by rezoning their property from Agriculture to Residential. He
maintained the taxes would be higher, therefore, he wasn't sure it would be
fair.
Mr. Brumback suggested that the entire area be studied before the Commission
acted on the petition.
It was noted that Mr. Boyce was not present to represent the petition, therefore,
no action was taken.
SUBDIVISION
Windy Hill Subdivision -- 4 lots off Route 522 South and Garber Road in the
Shawnee District.
There was no one present to represent the request, therefore, no action was
taken.
CONDITIONAL USE PERMIT
Conditional Use Permit 11011 -78 -- request by John Hoover for Ernestine Hoover
to reactivate a nonconforming vehicle sales lot at the intersection of Route
50 West and Route 654.
518
(P /C 9/20/78) p 3
There was no one present to represent the request, therefore, no action
was taken.
Upon motion 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 go into executive session to discuss a legal matter.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Brumback; Rosenberger; Chairman - YES
The Commission returned and motion was made by Frank Brumback and seconded
by Thomas Rosenberger,
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia, does hereby go back into regular session.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Brumback; Rosenberger; Chairman - YES
The Chairman stated the executive session dealt with zoning ordinance
violations and something that was presently before the Frederick County Courts.
WORKSESSION
Mr. Berg stated that Wellington Jones, Engineer Director of the Sanitation
Authority, was available to give the Commission some background needed to complete
the revisions to the zoning maps. Mr. Berg stated the three areas of concern
were: (1) The planned unit development,that is proposed on the Red Bud Run;
(2) Route 50 East and the airport area; (3) Proposal for several hundred acres
for residential development at Kernstown.
Wellington Jones appeared before the Commission and stated the three areas
of concern as being Hackwood Farms, the area around the airport and the Kernstown
area.
519
(P /C 9/20/78) p 4
Mr. Jones discussed the Hackwood Farms area first and told the Commission
the Authority had proposed in 1972/73 to serve the area with the Red Bud Run
Sewage Plant. The Authority combined the Red Bud Run Plant and the Abrams
Creek Plant and built a plant on Abrams Creek. Mr. Jones pointed out that the
Authority does not serve with gravity sewer any land east of Interstate 81 in
the Red Bud Drainage Basin. He stated several years ago some developers approached
the Authority about the possibility of serving the land and the Authority told
them the land could be served but the developer would have to install a lift
station and pump to the Abrams Creek lines. Mr. Jones stated as far as the
Authority building or financing any facilities to serve that area there are
no projections or plans to do so, it is strictly up to the developer. It
was noted that if a developer- decided to install the station, the capacity is
available, and the lines could be tied into the line at Route 7 near Wilson
Avenue.
Mr. Jones stated that the pumping station and three thousand feet of line
would cost the developer close to one hundred thousand dollars ($100,000). It
was recognized that the Authority had enough capacity to go to 1987 without
adding additional capacity. Mr. Jones stated the plant was ;designed to be
doubled to one million gallons.
Mr. Jones stated the airport area was studied by the Authority and they
had anticipated getting an EDA Local Public Works Grant to fund the project to
serve the area, however, the funds were not made available. Mr. Jones stated
service to the area was proposed by gravity line down Sulphur Springs Run and
then a lift station pumping the sewage back up and over the crest to Greenwood
Heights. Mr. Jones told the Commission the Authority was presently looking at
the Buffalo Lick Road area which is west of the airport. He stated there are
520
(P /C 9/20/78) p 5
quite a few homes in the area and they had understood there was a problem with
septic systems, however, a survey had been conducted this past summer by the
Health Department and he had not seen the reports as yet but it seems the problem
isn't as great as they had thought. Mr. Jones stated that if you look at areas
that are built and need services, Buffalo Lick area is the next area that would
be most feasible to serve. Mr. Jones noted that the Stephenson area is very
expensive to serve because the houses are developed in a strip fashion.
Mr. Jones proceeded to talk about the Kernstown area. He stated the
Authority had considered the:_letter that Mr. Fred Glaize, III had sent.to the Planning
Commission and back in 1974 the Authority was proceeding to build a plant at
Parkins Mill but then they stopped and concentrated their efforts at Abrams
Creek. Mr. Jones stated that when the Authority had the Abrams Creek Plant
in operation they had hoped to go back to the plant at Parkins Mill, however,
they had not seriously considered Kernstown until recently and the Authority
had agreed they would be interested in having facilities at Kernstown but this
would depend on the developers and whether or not it would be feasible. The
Authority, stated Mr. Jones, is not opposed to serving Kernstown but only if the
facilities would be self sustaining . He stated it could be a joint venture
where the developers would have to finance most of the project, and the part the
Authority would pay would have to be guaranteed that sufficient revenues or
surcharges would be generated to pay off the debt without relying on other systems.
Mr. Jones stated that a pumping station or possibly a new plant could be
built at Parkins Mill. It was noted that if a pumping station or a plant were
built in that area it would be built in such a manner that it could eventually
serve the Lakeside area. Mr. Jones told the Commission the new pumping station
would be more economical at this time for this area.
Mr. Jones pointed out that the State Water Control Board would be meeting
at Virginia Beach the week of September 25th and one of the itmes they would be
521
(P /C 9/20/78) p 6
acting upon could possibly be a decision on Advance Waste Water Treatment; whether
it is necessary and specifically if it is necessary in the Opequon and Abrams
Creek Basins. Mr. Jones stated if they find the Advance Waste Water Treatment
is not necessary, then secondary treatment is all that would be required at this
time which would probably mean the existing plants in Winchester and Frederick
County could be utilized instead of a new plant being constructed. Mr. Jones
added that at the time the plant proposed for Parkins Mill would become more
economical to.build as opposed to.a pumping station. Mr. Jones told the
Commission the Authority had projected that there is sufficient capacity
available at Stephens Run Plant to serve the existing service area and the
Planned Development in that area, including not only the fifty connections in
Ridgefield, Section I, but an additional one hundred - fifteen connections.
Mr. Jones was asked if the Authority would ever pursue the Sulphur Springs
drainage way. He told the Commission if the funds were made available the
Authority would pursue the area again. Mr. Jones stated the only other way the
Authority would serve the area would be if the landowners desired the Authority
to serve the area and were willing to guarantee feasibility or finance construction.
A brief discussion was held and the Commission thanked Mr. Jones for making
the presentation.
- - - - - - - - - - - - - - - - - - - -
Liasion - Sanitation Authority
The Commission had received a letter from the Sanitation Authority welcoming
a member of the Commission to serve as liasion to the Authority.
Upon motion made by Thomas Rosenberger and seconded by W. French Kirk,
BE IT RESOLVED, That the Planning Commission for the County of Frederick,
Virginia does hereby nominate James Golladay, Jr. to serve as liasion to the
Sanitation Authority.
522
(P /C 9/20/78) p 7
Upon motion made by W. French Kirk and seconded by Manuel DeHaven,
BE IT RESOLVED, That the Planning Commission for the County of Frederick ,..
Virginia does hereby move to close the nominations.
The motion passed by the following vote: Golladay, Jr. -- ABSTAIN
Kirk; DeHaven; Brumback;
Rosenberger; Chairman -- YES
James Golladay, Jr. was elected to represent the Commission at the
Sanitation Authority meetings.
MEETING DATE
The Commission set the date of Tuesday, October 3rd at 7:00 PM as the
next worksession meeting to finalize the zoning maps.
PLAN OF WORK
Mr. Berg presented a list of some of the projects the Commission needs
to work on during the year of 1978 -79.
The list was discussed and the Commission wondered whether they should
list priorities. A discussion was held and serviceidistricts was listed as
another project to ponder. The consensus of the Commission was to study the _.
list and make priorities at the next worksession and then give the priority
list to the Board of Supervisors for their comments.
A discussion was led by James Golladay, Jr. on the recent "tabling" by
the Board of.Supervisors of the large lot subdivision regulations. He stated
he didn't mind the work or the time involved with the projects but he felt the
Board of Supervisors should express their ideas on what they felt the Planning
Commission should be working on and then stick with them.
Mr. Brumback agreed with Mr. Golladay and stated he felt the Commission
should get a firm committment from the Board of Supervisors on what they want
the Commission to do. He stated there are too many important projects for the
Commission to be working on and if the Board of Supervisors felt the Commission
523
(P /C 9/20/78) p 8
was doing their job wrong then they should tell them the reasons.
Mr. Rosenberger told the Commission he felt the Board of Supervisors
respected the Commission's recommendation.
Mr. Golladay pointed out that the whole substance of the Subdivision
regulations had been jointly planned by the Commission and the Board.
Mr. Rosenberger stated although the two governing bodies had met jointly
he didn't feel that everyone had agreed one hundred percent with the changes.
The Chairman stated he'would like to know that there is some consistency.
Mr. Rosenberger stated that the Board had not completely turned down the
regulations. He stated the Board just wanted the staff to mark the individual
sections and point out what was new, what had been changed, and what had been
left out, so that an average layman could understand the changes.
A discussion was held about informing the applicants that they must be
present when their applications are scheduled to be heard by the Commission.
Mr. Berg told the Commission each applicant was sent an agenda page with a
red rubber stamp mark reading "Representative is Required at this meeting
for Item No. " The Commission held a brief discussion and 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 move that the Secretary spell out to the applicants that
their applications will not be acted upon unless there is a representative
present at the meeting. The message can be either conveyed by note or stamp.
The motion passed by the following vote: Kirk; DeHaven; Golladay, Jr.;
Brumback; Rosenberger; Chairman - YES
524
(P /C 9/20/78) p 9
Adjournment
Upon motion made by James Golladay, Jr., seconded by Frank Brumback 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,
H. Ronald Berg, Secretary
c Lt 1 Ldltai
Lit-
C. Langlon Gordon, Chairman
525