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PC_07-06-77_Meeting_MinutesFV MINUTES OF THE MEETING • OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room July 6, 1977 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; Elmer Venskoske; R. Wesley Williams ABSENT: Thomas B. Rosenberger CALL TO ORDER The Chairman Called the Meeting to Order and proceeded to the First Order of Business. MEETING MINUTES -- May 31, 1977 -- Approved as Submitted June 1, 1977 -- Approved as Submitted June 15, 1977 -- Approved as Submitted Upon motion made by James Golladay, Jr., seconded by Frank Brumback and approved by the following vote: DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES: • BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virgina does hereby approve the minutes of the Special Meeting on May 31, 1977; the 'regular meeting.of June 1, 1977; and the regular meeting of June 15, 1977. SITE PLAN No_ 017 -77 Allied Engineered Products, Inc. -- M -1 Shawnee Magisterial I District. 18,125 square foot industrial plant fronting Route 50 East, in the Industrial Park developed by JIC, Limited. Action - Recommended Approval Mr. Berg stated this was an industrial building to be located fronting Route • 50 near Route 728. He stated there would be a temporary entrance fromiRoute 50 to the plant parking area, however, when the main roads are completed in the Industrial Park, a permanent entrance will be constructed. Mr. Berg said the Health Department had issued the health permit and the Highway Department had reviewed and approved the entrance. J I 265 (P /C 07/06/77) p 2 Mr. James Sumption representative from Allied Engineered Products, Inc., • appeared before the:Commission. He stated-they hoped to be in operation by September or early October. Mr. Sumption opined the plant would be employing about 30 to 35 people, operating only a day shift. I Upon motion made by Elmer Venskoske, seconded by Frank Brumback and approved by the following vote: 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 of the Site Plan No. 017 -77 -- Allied Engineered Products, Inc. SITE PLAN No. 022 -77 Cerro Metal P roducts -- M -1 Stonewall District. 25,640 square foot manufacturing plant in the Stine Industrial Park. Action - Recommended Approval Mr. Berg told the Commission this was an industrial building to be located • on Lot 26 in the Stine Industrial Park. The entrance will be on Brooke Road which is a 60 foot right -of -way that is not in the State system, however, Mr. King has reviewed the entrance and indicated it does meet the State requirements. Mr. Berg stated the plant will be constructed in two phases. The firs) phase will be a 25,000 square foot manufacturing building along with visitor and employee automobile parkins and truck parking. Mr. Berg explained the sanitation will be provided by the Frederick County Sanitation Authority and that I Cerro Metal Products, Inc. had indicated they would be discharging only domestic sewage into the treatment plant. Mr. Fred Showalter appeared before the Commission and told them Phase I • of the project would employ about 40 persons, and the whole project would employ about 300 persons when completed. Mr. Showalter showed the Commission a map of the whole Stine Industrial Park. r,. I (P /C 07/07/77) p 3 Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and • approved by the following vote: 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 of the Site Plan No. 022 -77 - Cerro Metal Products. 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 ( -3 ). This property is designated as parcel numbers 7, 8, 9, 10, on Tax Map 74B -(1) and is in Opequon Magisterial District. Action - Held for Public Hearing on August 3, 1977 Mr. Berg told the Commission the petition had been tabled at the June 1st meeting because there was not sufficient information available on the septic system. Mr. Berg said that the type and extent of the sprinkling system also had to be verified with the Frederick County Building Inspector. ' Mr. Bob Mitchell attorney for Mrs. Urena, appeared before the Commission. He explained that they had gathered information concerning the septic Iystem in existence at the motel and proceeded to call Mr. Joseph J. Cook, Jr. resident of Clearbrook, Virginia, to describe the system. Mr. Cook told the Commission that he was employed by Manuel C. DeHaven and that he used to pump the septic tanks at Mrs. Urena's motel for about eight (8) or nine (9) years the last time being in 1958. Mr. Cook said that he pumped the tanks once a year whether they needed it or not -- this was a routine set up by the owners. He went on to say he never knew of any problems with the system. Mr. Cook opined that the system consisted of a 2,000 gallon, homemade tank of cinder block with plaster walls. , • - 267 L (P /C 07/06/77) p 4 have to have a sprinkler system and that this system could be supplied by a well. Mr. Berg suggested to the Commission that the whole area around Mrs. Urena's motel be rezoned to R -3 instead of spot zoning. He stated in order to do this rezoning a public hearing would have to be held for Mrs. Urena and the surrounding property owners. Upon motion made by James Golladay, Jr., seconded by Frank Brumback and approved by the following vote: DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES: BE IT RESOLVED,'That the Planning Commission for the County of Frederick, Virginia does hereby hold this Zoning Map Petition No. 008 -77 of D. A. and Elia M. Urena to be advertised with the adjoining property owners for a Public Hearing on August 3, 1977 to be rezoned from Residential - Limited ( -1 ) to Residential - General (R -3). • - - - - - - - - - - - - - - - - - - - - CONDITIONAL USE PERMIT No. 005 -77 Battle of Cedar Creek Campground -- A -1 Opequon Magisterial I District. Route 11 South at Cedar Creek. A portion of this campground is in Warren County. Action - Recommended Denial Mr. Berg read the amended Conditional Use Permit application fromlMr. Woodrow Cornwell for forty -five (45) campsites. The Chairman read the following letter of July 6, 1977 that had been received from Mr. William H. Hatfield, M. D., Director, Lord Fairfax Health Department: "This letter is in reference to your telephone conversation with Mr. E. D. Millar, Sanitarian Supervisor, Lord Fairfax Health District,on July 5, 1977 concerning the proposed campground of Mr. William Cornwell. As was discussed, tentative approval has been given Mr. Cornwell to install a subsurface drainfield system to serve forty -five (45) campsites. A dumping station will have to be provided, and this will be served by a • separate septic tank and subsurface drainfield. I 268 Mr. Berg told the Commission that he had contacted the Frederick County • Building Inspector and found out that the boiler area and the kitchen would have to have a sprinkler system and that this system could be supplied by a well. Mr. Berg suggested to the Commission that the whole area around Mrs. Urena's motel be rezoned to R -3 instead of spot zoning. He stated in order to do this rezoning a public hearing would have to be held for Mrs. Urena and the surrounding property owners. Upon motion made by James Golladay, Jr., seconded by Frank Brumback and approved by the following vote: DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES: BE IT RESOLVED,'That the Planning Commission for the County of Frederick, Virginia does hereby hold this Zoning Map Petition No. 008 -77 of D. A. and Elia M. Urena to be advertised with the adjoining property owners for a Public Hearing on August 3, 1977 to be rezoned from Residential - Limited ( -1 ) to Residential - General (R -3). • - - - - - - - - - - - - - - - - - - - - CONDITIONAL USE PERMIT No. 005 -77 Battle of Cedar Creek Campground -- A -1 Opequon Magisterial I District. Route 11 South at Cedar Creek. A portion of this campground is in Warren County. Action - Recommended Denial Mr. Berg read the amended Conditional Use Permit application fromlMr. Woodrow Cornwell for forty -five (45) campsites. The Chairman read the following letter of July 6, 1977 that had been received from Mr. William H. Hatfield, M. D., Director, Lord Fairfax Health Department: "This letter is in reference to your telephone conversation with Mr. E. D. Millar, Sanitarian Supervisor, Lord Fairfax Health District,on July 5, 1977 concerning the proposed campground of Mr. William Cornwell. As was discussed, tentative approval has been given Mr. Cornwell to install a subsurface drainfield system to serve forty -five (45) campsites. A dumping station will have to be provided, and this will be served by a • separate septic tank and subsurface drainfield. I 268 (P /C 07/06/77) p 5 Two (2) showers are to be installed to accomodate the forty -five (45) camp sites, this will also be a separate system. • Mr. John Nuttall, Tourist Establishment Director of Camping, has met with Mr. Cornwell and has given tentative approval to the proposed camp sites. The water source to serve this proposed campground will be a Class I well, which is directly under the jurisdiction of the Bureau of Sanitary Engineering. If there are additional questions concerning the health department require- ments, please advise. /s/ William H. Hatfield cc: John Nuttall, Director, -TES 'Dave Alexander, TES The Chairman also read the following letter of June 9, 1977 received from Mr. Arnold M. Williams, Acting County Administrator, County of Warren: "This is to advise the Frederick County Planning Commission of the action taken by the Warren County Board of Supervisors on June 7, 1977. After receiving the information as requested by the Board, they have no objections to the further development of the proposed campground. We would like to thank you and the Commission for the consideration given Warren County on this matter. /s/ Arnold M. Williams The Chairman told the Commission that a lot of letters had been received favoring and opposing the campground. Upon motion made by James - Golladay, Jr., seconded by Elmer Venskoske and approved by the following vote: DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES:. + BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby accept the letters favoring and opposing the campground and that the names and addresses be recorded in the minutes. The following names and address are of letters favoring the proposed Campground: 1) Mr. Phillip E. Lewis President National Campers & Hikers Association, Inc. 2) Marty & Carolyn Riggleman Route #I, Box P61 Stephens City, Virginia 22655 3) Tom & Reida Butler State Directors, N. C. H. A. 609 Runnymede Ct. Virginia Beach, Virginia 23452 • 4) Loring R. Carper 1625 Purdue Drive Winchester, Virginia 22601 269 P (P /C 07/06/77) p 6 5) Mary S. & Gene T. Dicks Middletown, Virginia 6) Sue Bell Hogshead Box 95 Middletown, Virginia 22645 7) Mrs. Colleen A. Jenkins Joseph-R. Jenkins P. 0. Box 222 Middletown, Va., 22645 8) Mr. & Mrs. James D. McFarland Middletown, Virginia 22645 9) Mr. & Mrs. Johnnie A. Stickley Route 1, Box 226 Middletown, Virginia 22645 10) Julian F. Carper, President Virginia State AFL - CIO Home Address: 7730 Church Street Middletown, Va., 22645 11) Elwood-B. Patterson, President Valley Camping & Trailer Club The following names and addresses are of letters opposing the proposed I campground: 1) Mr. & Mrs. Julius Kuhnert Skyland Estates Linden, Virginia 22642 2) Mrs. Harry P. Bowman Rising President Turner Ashby Chapter United Daughters of Confederacy Winchester, Virginia 22601 3) Dr.. T. C. Powers - Helen Powers Brill Dr. B. A. Brill C. A. Brill John B. Lumpkin Betty Lumpkin (Taxpayers of Warren, Frederick & Shenandoah Counties) 4) Ms.'Cyreal G. Wilson, President Massanutten Garden Club • Box 25C, Route 600 Star Tannery, Virginia 22654 5) Katherine M. McClanahan Hanna Lane Toms Brook, Virginia . 22660 270 PF (P /C 07/06/77) p 7 6) Laura F. Pifer • Council President The Frederick County Environmental Council, Inc. P. 0. Box 327 Stephens City, Va., 22655 7) Dr. Marie M. Jenkins Emeritus Professor of Biology Madison College Harrisonburg, Virginia 22801 (Route 2, Box 237 Strasburg, Virginia 22657) 8) Mrs. Sarah P. Faulconer P. 0. Box 2 Strasburg, Virginia 22657 9) Mrs. Roy M. Downey Route 2, Box 309 Strasburg, Virginia 22657 10) Kay M. Cook Box 265P, Route 1 Strasburg, Virginia 22657 11) Mr. Paul Popkins • PAUL POPKINS INSURANCE 39 East Boscawen Street Winchester, Virginia 22601 12) Mr. James R. Humphrey Route 4, Box 560 Front Royal, Va., 22630 13) Wynn Lee Executive Director for Board of Directors Belle Grove, Inc. P. 0. Box 137 Middletown, Virginia 22645 14) J. Leslie Thomas R. F. D. 112, Box 306 Strasburg, Va., 22657 15) Mr. James Biddle, President National Trust for Historic Preservation 740 -748 Jackson Place, N. W. Washington, D. C. 20006 16) Suzanne W. Silek, President Warren Rifles U. D. C. Front Royal, Va., 22630 • Mr. Lewis Costello attorney representing Mr. Cornwell, appeared before the Commission and stated the amended Conditional Use Permit was to make crystal 271 (P /C 07/06/77) p 8 clear the intentions of the petitioners. He explained that the proposed camp- 40 ground would be located where people could get to it easily from Interstate 81 and Interstate 66, and travel trailers need to be in an area that can hold and attract the people. He stated the Health and Highway Departments had approved the forty -five (45) campsites. Mr. Costello presented a petition to the Commission containing 100 names of people approving the campground. Mr. Costello pointed out two prejudices that he thought hurt the campground proposal. 1) A prejudice against trailers generally. He said this site would not have paved roads anywhere so there would be very little disturbance of the land. He opined that the campground was located in an area that is not visible approaching from any direction. Mr. Costello added that there would be no chance of adjacent Commercial enterprises springing up because the area is zoned A -1 and the Planning Commission has complete zoning control overtthis area. ® 2) Some feel it will Burt Belle Grove's property or hurt somethiL historically; Mr. Costello does not find it listed anywhere where Mr. Cornwell's I property is historical. The land has no value to be farmed, but it 'does have value for being used as a recreation campground. Mr. Costello told the Commission there were forty -five (45) lots being asked for with none being located in '.Darren County Mr. James Golladay Jr. asked if the County Health Department had jurisdiction over the septic system or does it go to the State Water Control Board. Mr. R. Wesley Williams told the Commission the local Health Department supervises the water and sewage. The licenses are issued by the Statei Health Department. The contamination of streams is the State Water Control Board's responsibility. As far as the water is concerned, explained Mr. Williams, the local health department supervises the construction of the well and it 272 ' (P /C 07/06/77) p 9 has to be a Class I well which means at least 100 feet of casing. Mr. Williams the campground. He told the Commission he had known this site for a long time and it had virtually no value because it was no-good for farming or building. Mr. Pickerill said that when he went to College he conceived the idea of preserving the whole Cedar Creek basin and making it into a historical area and to preserve the wildlife there. He stated he had a tremendous respect for historical value however, he feels this campground will render tax money for the County. Mr. Pickeral opined that over the years noone had purchased the tract of land to preserve it for Historical reasons therefore, he doesn't feel Mr. Cornwell should have to set his land aside just because some feel it should be maintained as an historical spot. He feels that if the land is going to be kept for historical purposes then it should be publicly owned. Mr. Pickeral said he • thinks.this campground would bring business to the area and he doesn't feel Belle Grove should be opposed because he feels they need some place to put the people that are visiting them. Mr. Edward B. Patterson President of the Valley Camping and Trailer Club, appeared before the Commission and spoke in favor of the campground. He told the Commission there were eight -three (83) members in the Club and they voted unanimously to approve this-campground. Mr. Patterson said they need something in the Frederick County area to provide camping accomodations. He stated that most of the campgrounds he has gone into have been clean, respectible places, i and that they endeavor to leave the area cleaner:than they find it. I�TI TI/1 C T T T/� \1 Mr. James R. Humphrey property owner just below the proposed campsite, opined that 90% of the property is rock and sloping land. He said that he • had examined the property before Mr. Cornwell bought it. He stated that he owns a campground on the Shenandoah River and said that it would be very 273 said they take samples periodically of the water. Mr. John Pickeral appeared before the Commission and spoke in favor of the campground. He told the Commission he had known this site for a long time and it had virtually no value because it was no-good for farming or building. Mr. Pickerill said that when he went to College he conceived the idea of preserving the whole Cedar Creek basin and making it into a historical area and to preserve the wildlife there. He stated he had a tremendous respect for historical value however, he feels this campground will render tax money for the County. Mr. Pickeral opined that over the years noone had purchased the tract of land to preserve it for Historical reasons therefore, he doesn't feel Mr. Cornwell should have to set his land aside just because some feel it should be maintained as an historical spot. He feels that if the land is going to be kept for historical purposes then it should be publicly owned. Mr. Pickeral said he • thinks.this campground would bring business to the area and he doesn't feel Belle Grove should be opposed because he feels they need some place to put the people that are visiting them. Mr. Edward B. Patterson President of the Valley Camping and Trailer Club, appeared before the Commission and spoke in favor of the campground. He told the Commission there were eight -three (83) members in the Club and they voted unanimously to approve this-campground. Mr. Patterson said they need something in the Frederick County area to provide camping accomodations. He stated that most of the campgrounds he has gone into have been clean, respectible places, i and that they endeavor to leave the area cleaner:than they find it. I�TI TI/1 C T T T/� \1 Mr. James R. Humphrey property owner just below the proposed campsite, opined that 90% of the property is rock and sloping land. He said that he • had examined the property before Mr. Cornwell bought it. He stated that he owns a campground on the Shenandoah River and said that it would be very 273 (P /C 07/06/77) p 10 difficult for a trailer to turn around in the proposed campground. Mr. Humphrey also pointed out that there could be a lot of trailers using the dumping station • at the campsite. Heleen Becker resident of Middletown, told the Commission that she had lived in Florida for nine:(9) years and had seen what progress had done to the land. She said she had come to this valley because of the historical value and the way it was preserved. Ms. Becker also questioned where the sewage would go if the property was rocky. Tom Downey property owner across from the proposed campground, appeared before the Commission and told them'he agreed there is a need.for a campground in Frederick County but not at this location. Mr. Downey showed a concern about the Cedar Creek being polluted., Irvin O'Connell appeared before the Commission and told them he wondered if the people could find the campground if the spot was not visible. He stated he objected only to the sanitary facilites. • - - - - - - - - - - - - - - - - - - - - Mr. Frank Brumback suggested Mr. Williams explain the septic system and verify the Health Department's approval. Mr. R. Wesley Williams pointed out there would be two septic systems: (1) Dumping Station (2) Bathhouse and toilet system Mr. Williams said that the soil had been tested and approved; and Dr. Hatfield Director of Lord Fairfax Health District, had given tentative approval for the forty -five (45) campsites. Mr. Williams added that tentative approval is always given until the septic system is finished and a final inspection is given. Catherine Monte resident of Middletown, appeared before the Commission. She told the Commission she felt the Planning Commission would be violating its 274 own Land Use Plan if it were to let this campground be established. She stated • that according to the Land Use Plan there was to be no development west of Route 11. 274 (P /C 07/06/77) p 11 Lucinda Walker resident of Middletown, told the Commission she had moved • here because the area was "unspoiled ". She said that she had been many places and seen many campgrounds and she feels that the campgrounds spoil properties. Mrs. Walker said that she did not want her property devaluated. Mrs. Malcolm Brumback :(Mildred) told the Commission she would like to keep the value of history in the County, because people visit the area due to this historical value. Sam Cravotta architect and planner and area resident, told the Commission he was concerned with the environmental aspects. He said the proposed camp- ground property was in a flood plain and this would be a hazard to the people and the vehicles. He stated the land was subject to erosion from all the vehicles and people. Nathaniel Neblett historical architect with the National Trust for Historic Preservation, told the commission there are numerous health and ecological reasons for opposing, however, they were going to focus on the historical and visual qualities that would be seriously damaged. The National Trust believe) that Belle Grove and the Cedar Creek Battlefield are two of the nation's outstanding cultural assets. Mr. Neblett said the Frederick County Planning Commission had a duty to control future development in this historically significant area by restricting future development to agriculture and other non - commercial uses which do not detract from the historic and scenic integrity of the land. As a suggestion for the future, the National Trust urged the Planning Commission to consider recommending the establishment of a historic district encompassing the area of the Cedar Creek Battlefield to assure its future protection from Commercial or other incompatible development • 275 (P /C 07/06/77) p 12 Mr. Dick Rabun member of the Belle Grove House Council, told the Commission • he was concerned about the dumping station. He asked how can you anticipate how many trailers will pull up and use this dumping station. Mr. Rabun stated according to the County legislature, Mr., Cornwell has no right to a campground in the proposed area. He opined that the conditional use permits are less restrictive than permitted uses. Mr. Rabun said the campground had been cut down to about one - fourth its size after it had been delayed, he now wondered if it would continue to decrease if it were further delayed. He stated no one could say this area was not in a flood plain area. He told the Commission they should consider the pollution of the Cedar Creek. He wondered how the campers were going to be kept from swimming in the Cedar Creek. He also wondered how the people would be kept from trespassing on the property of the adjoining landowners. Mr. Rabun finished by saying he thought the Planning Commission and the Board of Supervisors should consider the conditional uses of this permit ® very carefully. i Mr. George Smith former administrator of Belle Grove, told the Commission he thought the location was very good for a campground. He said the only complaint he had was the concentration of people in the area. Mr. Smith said eventually there would be problems with people with metal detectors coming to the area and taking all that was left on the battlefields especially since it was being promoted as the "Battle of Cedar Creek Campground ". He stated he was also concerned with policing the area since it was located at a point where three (3) counties meet. Mr. Smith told the Commission he thought they should think very carefully about the establishment of the conditionsfoi the use permit. Beatrice O'Connell property owner in Shenandoah County just below the proposed campground, appeared before the Commission and told them she had been all over the world and when she told people she was from the Shenandoah Valley • their faces would light up and they would tell her how lucky she was to live in I 276 (P /C 07/06/77) p 13 such a beautiful, undisturbed area. She told the Commission she felt it her t duty to look with horror upon any proposal that endangers the beauty of this historical land. Mary Mayhew resident of Middletown, appeared before the Commission and told them she feels the Valley is something special. She said that when you start making allowances here and there before long the land is whittled away. She stated she felt there were other places in the County were a campground could be put instead of distrubing the historical land. REBUTTAL Mr. Costello told the Commission he saw the objections as being in three parts. (1) Sewage-- (2) Visual Pollution a. history b. put it somewhere else (3) -other requirements should be imposed Mr. Costello said the sewage did not seem to be a problem since the Health Department had approved the sites. He added that Mr. Cornwell had had an independent study made on the sewage by John Kane, soil scientist, who commented that the sites would be suitable for subsurface drainfields septic systems, however, the size of the area necessary for the septic systems would have to be determined by the Health Department Sanitarian for the type of structure that would be constructed. Mr. Costello stated that as far as swimming in the Cedar- Creek, there would be no swimming because the insurance firms would not allow it. Mr. Costello stated the people that spoke about the visual degradation are members of Belle Grove, Inc. and he feels they should look at their own trailers parked at Belle Grove. He stated the campground would not be visible from Belle Grove. 277 '► (P /C 07/06/77) p '14 had met all the requirements. He told the Commission the land had been for sale so anyone who wanted to buy it and preserve it for historical purposes could have done so. Mr. Costello opined the only opposition was coming from an institution not an individual. Mr. Doug Cornwell told the Commission the forty-five-(45) campsites would be made available by September lst. Mr. Wynn Lee, Executive Director of the Board of Directors of Belle Grove, Inc., appeared before the Commission to make clear that there were also land owners that were opposed to the campground. He also told the Commission the trailers on the Belle Grove estate that were mentioned were there to house the summer archaeology program students. He said the trailers are used only two months out of the year. a Upon motion made by James Golladay, Jr., and seconded by Manuel DeHaven and failing by the following vote: DeHaven; Golladay, Jr. - YES Venskoske; Brumback; Chairman - NO BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend to the Board of Supervisors that the Conditional Use Permit 11005 -77 -- Battle of Cedar Creek Campground be approved under the following conditions: (1) At the first meeting in January of each year, the Conditional Use Permit would come before the Planning Commission and the Board of Supervisors for approval or denial. (2) A Health Department approval to be obtained each year. (3) The dumping station on the property would not be used as a public dumping station, only the campers staying there could use it. Upon motion made by the Chairman, seconded by Elmer Venskoske and approved by the following vote: DeHaven; Golladay, Jr. - NO Venskoske; Brumback; 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 the Conditional Use Permit No. 005 -77 -- Battle of Cedar Creek Campground is The Chairman told Mr. Cornwell the Commission has to think what is best for all the County members and in this situation it is involving persons from three 278 Mr. Costello said as far as putting it somewhere else, Mr. Cornwell was ® a taxpayer with some property trying to put it to some reasonable use and he had met all the requirements. He told the Commission the land had been for sale so anyone who wanted to buy it and preserve it for historical purposes could have done so. Mr. Costello opined the only opposition was coming from an institution not an individual. Mr. Doug Cornwell told the Commission the forty-five-(45) campsites would be made available by September lst. Mr. Wynn Lee, Executive Director of the Board of Directors of Belle Grove, Inc., appeared before the Commission to make clear that there were also land owners that were opposed to the campground. He also told the Commission the trailers on the Belle Grove estate that were mentioned were there to house the summer archaeology program students. He said the trailers are used only two months out of the year. a Upon motion made by James Golladay, Jr., and seconded by Manuel DeHaven and failing by the following vote: DeHaven; Golladay, Jr. - YES Venskoske; Brumback; Chairman - NO BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend to the Board of Supervisors that the Conditional Use Permit 11005 -77 -- Battle of Cedar Creek Campground be approved under the following conditions: (1) At the first meeting in January of each year, the Conditional Use Permit would come before the Planning Commission and the Board of Supervisors for approval or denial. (2) A Health Department approval to be obtained each year. (3) The dumping station on the property would not be used as a public dumping station, only the campers staying there could use it. Upon motion made by the Chairman, seconded by Elmer Venskoske and approved by the following vote: DeHaven; Golladay, Jr. - NO Venskoske; Brumback; 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 the Conditional Use Permit No. 005 -77 -- Battle of Cedar Creek Campground is The Chairman told Mr. Cornwell the Commission has to think what is best for all the County members and in this situation it is involving persons from three 278 (P /C 07/06/77) P 15 Counties. He stated the Commission has a responsibility to the future • generations and thinks the time has come to lay ground work to preserve this type of land. He opined that if they were to approve the campground they would be departing from the Land Use Plan and would be disregarding the concerns of many land owners. The Chairman added that we have only one Cedar Creek and only one Belle Grove and only one intersection with two interstate highways, and he felt these considerations were very important. Mr. Frank Brumback stated you start out with forty -five (45) lots this year then each year you add a few more and before long things get out of hand. He said this area was one of the unspoiled areas and he thinks it should be kept that way, however, he does feel we need a good campground in Frederick County. Mr. James Golladay Jr. stated he felt the controls of the Highway Department and the controls of the State Campground along with the restrictions put into his motion the Planning Commission would be able to control the campground. • Mr. Manuel DeHaven stated he felt Mr. Cornwell would have the right to come back for more campsites because the forty -five (45) would not be feasible. He opined he didn't know of a better place in Frederick County for the campground and he felt it would be of help for Belle Grove. Zoning Map Amendment Petition # 009 -77 of VVB Properties, hereby requests that 3.1 acres, more or less, located on 50, approximately 2/10 miles West of Intersection with Ri Agricultural- Limited ( -1 ) be rezoned: Business - General is designated as parcel number 14D on Tax Map 28 (A) and Magisterial District. Action - Recommended Approval Inc. Gore, Virginia, the South side of Route )ute 752, now zoned (B -2). This property is in Back Creek Mr. Berg told the Commission the property was located on the south side of Route 50 West, next to the Gore Post Office. He stated the land was to be used for general banking. Mr. Berg said Mr. King, from the Highway Department, had r 1 LJ 279 J (P /C 07/06/77) P 16 • given tentative approval to the entrance. He explained to the Commission that the first three (3) acres obtained and rezoned by VVB Properties, Inc. did not receive health approval and therefore, they had purchased three (3) more acres mainly for the septic system. The property is outside the flood hazard area. Mr. Roscoe Bowers ,-representative of Western Frederick Bank, appeared before the Commission and told them they now have approximately six or seven acres. He opined they intended to put the bank building in the middle of the two lots on the property line. He pointed out the first three acres had already been zoned to B -2. He said he hoped eventually the Fire Department could use the remaining land. Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and • approved by the following vote: 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 of the ZMAP #009 -77 of VVB Properties, Inc. - - - - - - - - - - - - - - - - - - - - AN ORDINANCE TO AMEND CHAPTER 11, ARTICLE II, OF THE FREDERICK COUNTY CODE ADOPTED JANUARY 14, 1976, dealing with abandoned and junk motor vehicles. Action - Tabled Mr. Berg told the Commission this was the modified Junk Car Ordinance. Upon motion made by Elmer Venskoske, seconded by Frank Brumback and defeated by the following vote: DeHaven; Brumback - ABSTAIN Venskoske - YES Golladay, Jr.; Chairman - NO BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend acceptance to the Board of Supervisors of the Amended Chapter 11, Article II, of the Frederick County Code adopted January 14, 1976. The Chairman stated that the consensus was to have all members present to • vote on this amendment, therefore, the amendment was tabled until the next meeting. 280 ' (P /C 07/06/77) p 17 AN ORDINANCE TO AMEND SECTION 21 -120 (i) OF THE FREDERICK COUNTY CODE ADOPTED • JANUARY 14, 1976 TO READ: "Light industrial manufacturing, assembling, processing and compounding, of glass (but only as a component part of the manufacturing, assembling, processing and compounding thereof), metal and plastic products from prepared and raw materials, together with associated operations including machining, stamping, treating and plating, excluding punch presses, drop hammers, or other machinery with a decibel level exceeding 80 db on an impact fast meter response when measured at the property line; such punch presses, drop hammers, or other machinery shall produce no vibration which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the property line, nor shall any vibration produce particle velocity of 2.0 inches per second measured at or beyond the property line. Provided,=however, that plastic or metal compounding and processing shall only involve previously prepared plastic or metal material and that no compounding or processing will be done using coke and coals as fuel." Action - Tabled Mr. Berg told the Commission in addition to the proposed changes to the decibel readings he had some new information which he shared with the Commission. Mr. Berg proposed a new decibel reading of 70 db instead of the proposed 80 db. He told the Commission the petitioner wanting the change would not be affected because they had to maintain 70 db inside their building and this proposal would be the reading from the property line. Mr. Berg said the loudest business in the area was Crown, Cork & Seal, Inc. and their decibel reading was not 70 db outside the building. Mr. Berg said the staff recommended the 70 db. A discussion was held by the Commission on the different decibel readings. It was their consensus to table the amendment for two weeks so that more infor- mation could be obtained on the average decibel readings. Upon motion made by James Golladay, Jr., seconded by Elmer Venskoske and 11 approved by the following vote: DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby close the public hearings. '► 281 I (P /C 07/06/77) p 18 Adjournment • 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 adjourn its meeting; there being no further business. THERE BEING NOTHING FURTHER TO COME BEFORE THE COMMISSION, THE MEETING WAS ADJOURNED. Respectfully submitted, H.'Ronald Berg, Secreta — tL"J, C. Langdon G don, Chairman • • 282 '