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PC_06-01_77_Meeting_Minutesr. MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room June 1, 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; R. Wesley Williams ABSENT: None CALL TO ORDER The Chairman Called the Meeting to Order and proceeded to the First Order of Business. MEETING MINUTES -- May 18, 1977 -- Approved as Submitted Upon motion made by James Golladay, Jr., seconded by Frank Brumback 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 May 18, 1977 as submitted. SITE PLAN No. 013 -77 Technicon Instruments Corporation -- M -1, Opequon Magisterial District. 18 acres adjacent to Western Union, fronting Route 11 South. Central water and sewer facilities. Highway and Sanitation authority approved. Action - Recommended Approval Mr. Berg stated that this was an industrial building located south of Middletown on the east side of Route 11. It will use an entrance directly off Route 11.. The drive will feed into a loading area and parking area for employees, office and visitor parking. The entrance has been reviewed and approved by the Highway Department. Parking does meet the zoning requirements. The facility will be connected to the Middletown Sewage Treatment Plant and water will also be provided by Middletown. The sewage will flow to the pumpiu� ® station at Western Union. 246 I (P /C 06/01/77) p 2 Engineers, Incorporated, the engineering firm retained by Technicon,.has advised that all sewage discharged by the plant will meet the County's SewagelDischarge Ordinance. i I Mr. Rodgers, Frederick County Building Inspector, reviewed the plans as to hazardous waste materials that would be stored and corrusive materials that would be stored and the fire prevention systems and they are all adequate. Although.a permit for sewer has not been issued by the town of Middletown, they have expressed their willingness and desire to provide this service. The staff review is that all zoning requirements are met. There should be a tree buffer on Route 11 along the south property line. Mr. Joseph M. Morell i,.from Engineers, Inc. of New Jersey, appeared before the Commission. He stated there would be landscaping to make the site attractive. The Company manufactures blood analysis equipment for hospitals. • They also make reagents for that machine and this plant would make the reagents only and not the machines. The Company would be employing approximately 150 people, and is scheduled for January opening. Mr. Morelli added that they would plant white pine trees to serve as a buffer along the south property. Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved by the following vote: Snarr- ABSENTION 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 the Site Plan No. 013 -77 - Technicon Instruments Corporation. I 247 J (P /C 06/01/77) p 3 PUBLIC HEARING ® Zoning Map Amendment Petition No. 008 -77 of D. A. and Elia M. Urena Box 98 Stephens City, Virginia, hereby requests that 1.988 acres, more or less, located at the intersection of Walnut Street and Route 11, now zoned Residential- Limited ( -1 ) be rezoned: Residential - General (R -3). This property is designated as parcel numbers 7, 8, 9, 10, on Tax Map 74B -(1) and is in Opequon Magisterial District. Action - Tabled until further information is obtained Mr. Berg told the Commission that the proposed property would be put to use as a home for Senior Citizens with no new construction except remodeling and enclosing the front walkway. The Highway Department has reported that the entrance is in poor condition and will soon require reconstruction. It is, however, permissible to use in its present condition. The Health Depart- ment has reported that no records can be found of the existing drainfields of the motel. As Stephens City sewer lines are within a reasonable distance, it would appear that connecting to those lines should be explored. The Health Department cannot approve the existing drainfields which were designed many years ago for the motel. The water usage has increased and will continue to increase when used on a 24 hour basis. Mr. John Prosser attorney representing Dr. & Mrs. Urena, appeared before the Commission. He stated the Home for the Senior Citizens would involve people.who can walk and take care of themselves. Meals will be served at the home. The facilities will be regulated by State rules. Some suggested changes will have to be made to the property to meet requirements. There is a problem as to lack of information on the septic system. Mr. Millar, of the Health Department, does not know exactly what size system exists and,therefore, cannot give approval. Mr. Prosser suggested that he have some time to obtain some information on the septic system. He had some information from Mr. Lawrence White who has serviced the septic system for years. Mr. White is under • the impression there are two (2) 1,000 gallon tanks. Mr. Prosser added if this is the case there may not be a problem. 248 (P /C 06/01/77) p 4 Mr. Prosser told the Commission that the sewer line was some distance • away and it would be very expensive to hook on to it. If this wererequired it could prohibit the entire operation. Some discussion was held about the septic system. Mr. R. Wesley Williams i told the Commission probably the reason the Health Department does not have any record is because the motel was built prior to 1949. The Commission's consensus was to table the petition as requested by Mr. Prosser until further information can be obtained on the septic system. CONDITIONAL USE PERMIT No. 005 -77 Battle of Cedar Creek Campgrou -- A -1 Opequon Magisterial District. Route 11 South at Cedar Creek.�A portion of this campground is in Warren County. Action - Recommended Public Hearing • The Chairman noted that this Conditional Use Permit had been tabled on the meeting of May 18, 1977 until further comment was heard from Warren County. He then read the following letter of May 26, 1977 that had been received from Mr. Arnold M. Williams, Acting County Administrator, of Warren County: "Thank you for the information concerning the Battle of Cedar Creek Camp - ground, by the Warren County Board of Supervisors. At the May 17 meeting, the Board had no information regarding the proposed sanitary facilities or the means of disposal. I hope the information that you have forwarded will meet their approval. I have reviewed the in in question and will place it on the agenda for the regular Board meeting of June 7, 197,7, for their review and comments. Perhaps the Frederick County Planning Commission and the Board of ,Supervisors would tentatively approve the plan,- subject to any comments the Warn en County Board of Supervisors may have. Thank you for your cooperation and consideration in this matter. I hope it will meet the approval of all concerned." /s/ Arnold M. Williams cc: Mr. J. 'O. Renalds, III Mr. Woodrow D. Cornwell F 1 LJ 249 Pr (P /C, 06/01/77) p 5 The Chairman also read the following letter of May 26, 1977 "received • from Wynn Lee, Executive Director, for the Board of Directors, Belle Grove, Inc.., National Trust for Historical Preservation: "The proposed installation of a campground and trailer facility on U. S. Route 11 at Cedar Creek is a matter of the gravest concern to the Board of Directors of Belle Grove, Inc. As you are aware, I'm sure, the National Trust for Historic Preservation and its lessee, Belle Grove, Inc., hold a half interest in a tract of land adjoining the site in question. We feel that the proposed use of the creek frontage will have a potentially injurious effect on Cedar Creek and on the Cedar Creek Battlefield, one of only two sites in Frederick County currently listed on the National Register of Historic Places. In our opinion there has not been sufficient time for a complete study of this development, and we respectfully request that the Frederick County Planning Commission schedule a public hearing so that the impact of the proposed campsite may have a full discussion in a suitably public form." /s/ Wynn Lee cc: Mr. Will Owings Mr. Doug Cornwell appeared before the Commission and presented a petition for the approval of the campground. There were 100 names on the petition. He stated that they had complied with the laws and ordinances • ever since they started the proposal and to table it or delay it in any way would be a hardship on them. He went on to say that it was not their intent to deface the property in any way. It was their intent to use Belle Grove as an historical attraction for out of state people to enjoy. He stated that he doesn't see why only a priviledged few get to tour Belle Grove, that campers are families, and that he doesn't understand why Belle 'Grove would object. OPPOSIT Mr. Wynn Lee, Executive Director of Belle Grove, Inc., appeared before the Commission. He stated their interest because of th'e - ad'foining land which Belle Grove is part owner. He commented that they were never approached with the petition before action was taken. He stated they had no objection to the people visiting Belle Grove as they are very interested in having people 0 visit Belle Grove. I 250 r (P /C 06/01/77) p 6 • However, his prime purpose or reason for being at the meeting is that Belle Grove and the Cedar Creek Battlefield be protected. The land adjoining Mr. Cornwell's land is being held by them to protect the Battlefield and the Cedar Creek. He went on to say that they can handle visitors to the house and grounds, however, he was concerned for the public safety and for the condition of the land that adjoins the proposed campground and what would occur if a large number of people were there on a regular basis over the summer. He asked that the Commission call a special public hearing so they will have time to investigate the implications. Mr. Lee stated that he had discussed the land with Mr. Malcolm Brumback who had said there are Civil War trenches, so forth, on the property Mr. Cornwell is planning to develop. nTPDnCTTTnM • Mr. Ben Belchic President of Winchester- Frederick County Historical Society,appeared before the Commission. He commented that he hoped they could have a public hearing so it could be studied further. Frederick County was an important area as far as -Civil War is concerned and basically of the five (5) major battles that took place in Frederick County, the Cedar Creek Battlefield area is really the only-one left untouched. He feels the Cedar Creek itself is an important water area as far as beauty and scenery. nDnneTMTnffi Mr. Fred L. Glaize III,told the Commission that he feels the entire area from the Battleground to Cedar Creek should be given upmost consideration and study before any adverse use should be made with that territory. It probably could be made the largest tourist area in Frederick County, therefore, it should be considered carefully. • 251 (P /C 06/01/77) p 7 REBUTTAL • Mr. Doug Cornwell told the Commission that he feels the opposition is making an unfair request to ask for another public - hearing. He feels the people have had ample time for speaking out. Mr. Woodrow Cornwell rebuted by telling the Commission that Belle Grove has shows at their place, they congest the roads during this time and the people complain but nothing is done. Mr. Cornwell stated the property had been for sale a long time before he bought it, he wondered why Belle Grove didn't buy it. Upon motion made by James Golladay, Jr., seconded by Tom 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 approve that a Public Hearing be held on the Conditional Use Permit No. 005 -77 Battle of Cedar Creek Campground. - - - - - - - - - - - - - - - - - - - - ® Mr. Rosenberger left the room at this time, therefore his vote will not be listed in the next two actions. Zoning Ordinance Amendment -- Action Approval Mr. Berg told the Commission a company was considering this area for a possible location. However the company would be using stamping machines. The stamping machine will be in excess of the 40 ton rating that is in the present Ordinance. Mr. Berg commented that he had made some research on the matter -'and found that the modern zoning ordinances do not carry ton ratings, =but some do carry the decibel and vibration ratings. Mr. Berg told the Commission that they were confronted with two proposals: 1) That they do away with the reference to the ton rated stamp machine. 2) That they suggest machinery not exceed decibel level of 80 DB. • He told the Commission that he would like to see the strict standard maintained in the Ordinance. He felt that improvement to the Ordinance is needed even though the company may not come to the area. He stated that 252 I 7A (P /C 06/01/77) p 8 several officials were going to look at the industry to see if it would be • appropriate for this area. Mr. H. Edmunds Coleman III, attorney for said company, appeared before the Commission and remarked that he thought this would be an improvement to I the ordinance. He added that he had learned from an engineer that the noise level inside a home was 85, and the suggested reading for the Ordinance was 80 at the property line (which is a national level). The Commission discussed the change and decided it would improve the ordinance. Upon motion made by James Golladay, Jr., seconded by George Snarr, Jr. and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend the change in the Zoning Ordinance be adver- tised for public hearing. - - - - - - - - - - - - - - - - - - - - ® Board of Zoning Appeals Recommendation Mr. Berg told the Commission a building permit presented by Garland Pugh had been appealed to the Board of Zoning Appeals. The proposal was to construct a 60 foot by 30 foot garage and storage building. He was going to use this as a storage building for his plumbing trucks. In reviewing this application,the Zoning Administrator found this does not conform to the A -2 zoning. Plumbing supply storage is allowed in B -2 and M -1 zones. The applicant is requesting the Board to issue him the variance. Up to this point the Board of Zoning Appeals have heard only variance requests for relief of yard requirements. Mr. Berg felt that this is a zoning matter, and if this permit went through there may be more to follow. F , 1 LJ 253 (P /C 06/01/77) p 9 The Commission followed with a discussion as to the jurisdiction of the • Board of Zoning Appeals. They shared a concern that the Planning Commission and the Board of Supervisors should deal with changes in use. Upon motion made by George Snarr, Jr. and seconded by Frank Brumback and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby resolve that the application of Garland Pugh to the Board of Zoning Appeals is a matter which appears to be one assigned in wrong form, and should be a matter`_to be considered by the Planning Commission as one of zoning as opposed to one of variance. JUNK CAR ORDINANCE Mr. Berg told the Commission that Section 11 -17 (a) had been revised. It now restricts the keeping of inoperable motor vehicles, trailers, or the Committee is suggesting that the vehicle should carry only the current County license sticker. It had been discussed with Mr. Ambrogi and , he felt that this would be the most readily enforcible by the Sheriff's Depart- ment,'. because the sticker is colored and it is visible from the front or back. Mr. Berg also pointed out that there had been a wording change to exclude farm machinery as provided in the of`Virgiuia. The Commission shared some concerns about:the wording "sticker ", and they suggested it be called "decal" or to show definition of tag or sticker. Mr. Berg stated the Ordinance in existence now is not clear and it makes it difficult for the Sheriff's Department to carry out the law. • I 254 semi - trailers as defined and it restricts the keeping of a motor vehicle • that does not display a current County license tag or sticker. Rather than requiring the State Inspection sticker, license plate and County sticker, the Committee is suggesting that the vehicle should carry only the current County license sticker. It had been discussed with Mr. Ambrogi and , he felt that this would be the most readily enforcible by the Sheriff's Depart- ment,'. because the sticker is colored and it is visible from the front or back. Mr. Berg also pointed out that there had been a wording change to exclude farm machinery as provided in the of`Virgiuia. The Commission shared some concerns about:the wording "sticker ", and they suggested it be called "decal" or to show definition of tag or sticker. Mr. Berg stated the Ordinance in existence now is not clear and it makes it difficult for the Sheriff's Department to carry out the law. • I 254 VC (P /C 06/01/77) p 10 Upon motion made by George Snarr, Jr., seconded by Elmer Venskoske and • approved by the following vote: Rosenberger - NO Snarr, Jr.; DeHaven; Golladay, Jr,., Venskoske; Brumback; Chairman - YES: BE IT RESOLVED, That-the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors the Junk Car Ordinance as revised. Zoning Actions Mr. Berg submitted an interim progress report on #101 -150 previous zoning actions. Work Session Meeting Mr. Berg suggested to the Commission that they may wish to make a special work session date to consider the different things that are pending at this time. A date was set for Monday, June 20th, 1977 at 7 P.M. J Adjournment Upon motion made by Frank Brumback, seconded by James Golladayl Jr. 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. Respectfully submitted, �' I e "L-p " H. Ronald Berg, Secretary C. Lanloln Gordon, I[] 255 J