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PC_02-02-77_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION • Held in the Board of Supervisors' Room February 2, 1977 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; Thomas B. Rosenberger; George G. Snarr, Jr.; Elmer Venskoske ABSENT: R. Wesley Williams CALL TO ORDER The Chairman Called the Meeting to Order and proceeded to the First Order of Business. MEETING MINUTES - January 19, 1977 - Approved as Corrected Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the Minutes of the Meeting of January 19, 1977 as corrected. TRANSPORTATION PLAN Draft (Comprehensive Plan) Amended & Public Hearing to be Advertised for March 2, 1977 1 The Commission discussed whether or not strip development could be precisely defined, and the key word of "prohibit" versus "discourage ". Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved by the following vote ( Snarr, Jr. was absent): DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger;' - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval of the Transportation Plan Draft to the Board of Super- visors of said County as presented and amended: Objective 2, Implementation Method 1, page 14 to read: Discourage commercial strip development along arterial and collector roadways, and residential subdivision strip development along any roadway carrying through traffic. Mr. Berg stated that he.would advertise this item for Public Hearing at the first Planning Commission meeting of next month. C , J 179 (PC 02/02/77) p 2 WINCHESTER TRANSPORTATION STUDY Review Comment Requested by Va. Dept. of Highways & Transportation • Mr. Berg expressed his pleasure at receipt of this request for comments during the planning stage because this had not been the highway department's practice in the past. He said that this study is part of the Winchester Thoroughfare Plan, with many roads that do extend into the County. He stated that he had a meeting with Mr. Reed Nester, Planner for the City of Winchester, so that they, as planners, would have a mutual understanding. It was the Commission's consensus that the following were favorable Route 11 North and South, Route 522 North and South, and Route 657 NOTE: This item continued following Conditional Use Permit application No. 001 -77. PUBLIC HEARING ZMAP No. 001 -77 of Albert A. and Margaret L. LEE Rt. 1, Box 63, Clearbrook, Virginia, hereby request that 62.84 acres, more or less, located East of Brucetown on the East side of Route 668, approximately 3/10 miles North of intersection with Rt. 672, now zoned Agricultural - General ( -2 ) be rezoned: Residential- Limited (R -1). This prop- erty is designated as parcel Nos. 96 and 97 on tax map 34(A) and is in Stonewall Ma- gisterial District. Action - Recommended Denial Mr. Berg stated that the proposal would be for residential, frame - construction, single - family dwellings of 1100 square feet with three bedrooms and one and one -half i baths on lots of approximately 70,000 square feet. G. M. (Butch) Kerns of Joel Stowe Associates appeared before the Commission. The Chairman read the following review comment from Paul E. Musick, Frederick - Winchester Health Department, dated January 24, 1977: "This department has performed a rough soil evaluation on the above described property. Several holes were dug with a backhoe for my evaluation. This soil was evaluated for the purpose of determining the suitability of the soils for installation of septic tank and drainfield systems. Approximately seventy to eighty percent of the holes on the slopes along the state road frontage were suitable soils for drainfields. The holes to the rear of this property near the wooded area and line fence were unsuitable for drainfields." Mr. Berg stated that Mr. R. C. King of the state highway department had indicated is that the project would be satisfactory. 180 I (PC 02/02/77) p 3 The Chairman asked Mrs. Lee to identify herself, and she moved toward the front of the audience and offered to answer any questions. • Mr. Kerns stated that there would be only one entrance extending from the state road which would branch off to a tee for the back lots of the subdivision. He stated that he and Mr. Mills were under contract subject to rezoning. He said there would be six lots with driveways onto Route 668. He agreed to presentation of a complete subdi- vision with no vacant lots for a recommendation by the Commission. He also stated that Mr. Musick had seemed to think that eighty percent of the lots on the lower side of the road would percolate, but that he had indicated that only fifty percent on the back lots would percolate. Opposition Robert T. Mitchell Sr. appeared before the Commission. He said that he represented adjoining landowners. He stated that the proposal is not in conjunction with the Land Use Plan. He cited objections to: individual septic systems in unsuitable soils; the percentage of lots unsuitable for drainfields; spot zoning; and strip development in • agricultural land. Mr. Jones appeared before the Commission. He stated that he was spokesman for the opposition to this petition. He said that his 333 -acre farm is northeast of the pro- posal. He cited the following objections: a) overcrowding of schools and school transportation; b) public services such as fire and police protection; c) 200 -250 additional trips per day on a dirt road that is the shortest route to Winchester; d) livestock would be endangered by additional dogs; e) fire damage possibility to his ten acres of Christmas trees; f) aesthetic reasons; g) bible camp would be enfringed upon (located approximately 1/2 mile from proposal); h) threatens the occupation of farming. Brad Grove appeared before the Commission to oppose the petition. He stated that he farms in the general region of the proposal. He cited the impact in other areas and states that have allowed this type of proposal. He opined that farms and housing devel- opments do not go together. He cited operational practices of farmers that offend other people, such as manure spreading. He cited objection to pollution due to the septic 181 ' (PC 02/02/77) p 4 1 concentration of a spot development. He mentioned the public services that would be demanded by new residents. He closed by stating that development should be done where it is planned -- by water and sewer, etc. Carl Aye appeared before the Commission. He said that his farm is located just North of this proposal. He cited a personal experience of difficulty in obtaining a building permit for his house because he was required to install a 140 -foot drain - field due to the health department's difficulty in finding a percolation site on his land at the time. He guessed at five tons of bottles and cans in the fields which are a hazard to tractor tires, etc. Mr. Golladay staged that he and.Mr. DeHaven had visited the property, and that he was concerned about the concentration of homes and the number of wells and septic tanks that will be required to serve them. He said this proposal is not in keeping with the Land Use Plan. Mr. DeHaven stated that he felt that five -acre tracts would have just as much sales value as would the smaller tracts. • Upon motion made by George G. Snarr, Jr., seconded by James Golladay, Jr. and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; vinskoske; Brumback; Rosenberger; Chairman - YES:: BE IT RESOLVED, That the Planning Commission for the County of Frederick,. Virginia does hereby recommend denial to the Board of Supervisors of said County of the Zoning Map Amendment Petition No. 001 -77 of Albert A. and Margaret L. LEE from A -2 to R -1 . CUP No. 001 -77 of Lee Hy Paving Corporation to erect a portable asphalt plant and sup- port trailer on the property of W. S. Frey Company, Inc. at Clearbrook, Virginia (1.4 Ac.). Action - Recommended Limited Approval William C. Crotts representing Lee Hy Paving Corporation and Carl Miles representing W. S. Frey appeared before the Commission. Mr. Crotts stated that the Virginia Department of Highways and Transportation had awarded his company a contract to pave Route 37. He said that the Air Pollution Control • Board and the highway department will inspect their facilities prior to operation. He also stated that the contract specified 180 working days for completion of the project. He said that unseasonably low temperatures will affect beginning the project, but that he expected June 1, 1977 would be the best they could do. 182 (PC 02/02/77) p 5 Mr. Berg stated that there would be three trailers, and the plant itself with proper air pollution control devices. • Mr. Crotts showed the Commission pictures of the portable plant as it is now situated at Front Royal, Virginia; and an Aerial photo of the Frey property. Mr. DeHaven verified that the position of the plant on the property would only be visible from the air. Mr. Crotts stated that he would be comfortable with a one -year permit. Upon motion made by Frank Brumback, seconded by Thomas B. Rosenberger and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of said County of Condi- tional Use Permit No. 001 -77 of W. S. Frey Company, Inc. (Lee Hy Paving Corporation) for the period of one (1) year or completion of the contract to asphalt Route 37 -- whichever occurs later. WINCHESTER TRANSPORTATION STUDY -- Continued Following considerable discussion, the Chairman directed the Secretary, due to the • consensus of opinion, to relate to the highway department the Commission's request for points of reason behind their choice of routes for the Southern Connector and Route 739 (Fox Drive); and to express the Commission's appreciation for the opportunity to express an opinion. The Chairman, due to the consensus of opinion, asked the Secretary to follow through with his suggestion of indicating to the highway department that the land needed for the right -of -way of the two (2) Butler Drive alternatives would very soon be developed, therefore acquisition of the right -of -way should be required if there is hope of utili- zing this route. ADJOURNMENT Upon motion made by Frank Brumback, seconded,by Elmer Venskoske 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. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. 183 (PC 02/02/77) p 6 • Respectfully Submitted, Y " %/ H. Ronald Berg, Secretary r 1 U • C. Langdon Gordon, Chairman 134