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PC_07-20-77_Meeting_MinutesMINUTES OF THE MEETING 0 OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room July 20, 1977 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; Thomas Rosenberger; R. Wesley Williams 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 -- July 6, 1977 -- Approved as Submitted Upon motion made by James Golladay, Jr., seconded by Manuel DeHaven and approved by the following vote: DeHaven; Golladay; 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 July 6, 1977 as submitted. i SUBDIVISION Douglas L. Whitacre Lots -- Two lots fronting the relocated Route 127 in the Gainesboro District. A -1 zoning. Health and Highway approved. Action - Recommended Approval Mr. Berg gave the Commission members a plat of the Whitacre lots and told them the Health Department and the Highway Department had approved the lots. Mr. Douglas Whitacre appeared before the Commission and told them the new highway for Route 127 had not been built yet however, the right -of -way had been purchased. Mr. Whitacre told the Commission he had had the land since 1962. He stated he was going to keep the land that was between the old and •. the new highway. 1 4 I 283 (P /C 07/20/77) p 2 • The Chairman showed a concern for approving some small lots and disapproving others. A discussion followed about these lots. Upon motion made by Thomas Rosenberger, seconded by Manuel DeHaven and approved by the following vote: Golladay, Jr. - NO DeHaven; 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 Douglas L. Whitacre Lots. - - - - - - - - - - - - - - - - - - - - Starbrook Acres -- Two lots fronting Route 661 in the Stonewall District. Health and Highway approved. Action - No Recommendation Mr. Berg showed the Commission members a plat of the Starbrook Acres lots. � 1 J He stated the zoning was A -2 which requires a minimum of one (1) acre and a minimum of 150 feet setback.' Mrs. Margaret Starliper appeared before the Commission and told them the lots were on Route 661 near Route 7. She opined the lots were both nice lots and that they were wooded. Mrs. Starliper also pointed out the lots were along a state maintained gravel road. She opined that houses were in the area on lots which she sold ranging in sizes of three (3), five (5), and seven (7) acres. The Commission carried on a discussion on the size of the lots. They thought the lots needed to be a little larger although Mrs. Starliper was meeting the Ordinance requirements. Upon motion made by Manuel DeHaven, seconded by Thomas Rosenberger and 11 failing by the following vote: DeHaven; Rosenberger - YES Golladay, Jr.; Chairman - NO BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of the Starbrook Acres -lots. The Chairman shared the Commissions consensus of No Recommendation to the Board of Supervisors. 284 r r (P /C 07/20/77) p 3 • Ridgefield Section I -- 49 lots adjacent to Route 277 and The Meadows in the Opequon District. Sanitation Authority and Highway Department approved. Action - Recommended Approval Mr. Berg told the Commission this was the first section of the Ridgefield Subdivision. He stated the lots are-.approved by the Sanitation Authority and it would have central water and sewer. Mr. Berg said the Highway Department had reviewed the street plan profile and had approved both design and drainage. Mr. Harry Stimpson appeared before the Commission and told them there were one hundred and seven (107) lots projected for the entire Subdivision however, Section I is forty -nine (49),-lots. Mr. Stimpson stated that the sixty foot (60') right -of -way would be beside Ewings Lane and the two roads would tie in together at the rear of the property. Upon motion made by Thomas Rosenberger, seconded by James Golladay, Jr. and • approved by the following vote: DeHaven; Golladay, Jr.; 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 Section I of Ridgefield Subdivision. REVISIONS TO AMEND SECTION 12 -1 -9 IN THE PERMITTED USES FOR M -1 ZONING DISTRICT Action - Recommended Approval Mr. Berg told the Commission there had been a public hearing held on this • amendment at the meeting of July 6, 1977, however, the Commissioners did not feel comfortable with the wording. He said he had spoken with some engineers that specialize in the area of noise and they had suggested the following: 285 I J (P /C 07/20/77) p 4 12 -1 -9 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. 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. 12 -2 -6 Noise will be measured with a sound level meter. The maximum sound pressure level permitted from any industrial source and measured at the property line shall be 75 dB(A) (slow meter response re: 0.0002 Microbar). 12 -2 -7 No vibration will be produced which is transmitted through the ground and is perceptible to the human being at or at any point beyond the property line; nor will any vibration produce a particle velocity of 0.03 inches per second measured at or beyond the property line. Mr. Berg pointed out that the 75 dB(A) requirement should allow an industry to operate without being a nuisance to the adjoining property owners. He stated the meter and the type of response had been changed. Mr. Berg told the Commission • there were two types of noise: a continuous sound which is measured by the slow meter response, and an impact sound which is intermittent and there is no adequate technology for measuring this type sound other than vibration level. Upon motion made by James Golladay, Jr., seconded by Manuel DeHaven and approved by the following vote: DeHaven; Golladay, Jr.; 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 revised amendment to the Section 12 -1 -9 in the permitted uses for M -1 zoning district. RECONSIDERATION OF THE GOALS AND OBJECTIVES TO THE HOUSING PLAN Action - Advertise for Public Hearing Mr. Berg told the Commission he had redrafted the Goals and Objectives to the Housing Plan. He stated that under Goal I - Objective 2 it was first 286 J (P /C 07/20/77) p 5 • suggested that the County take a positive roll in the housing market, now "_it is being suggested that the County assist private developers to take advantage of the assistance available through state and federal programs. A discussion was held by the Commission on the word "assist ". Then Mr. Berg went on to Goal II, Objective 1, and told the Commission that the wording had been changed to read "wherever possible, the County should take advantage of state and federal programs to assist modest income residents with rehabilitation ". Mr. Berg said this meant that the County would be using state and federal programs to upgrade the housing and to provide county water and sewer. A discussion was held concerning other counties in the area with a housing program. Mr. Rosenberger told the Commission that one of the committees of the • Board of Supervisors had a meeting with Dr. Hatfield of the Health Department and the Committee members had decided a survey should be made to determine how many approved health facilities the County has. Mr. Berg stated there were quite a few County residents who do not have a standard dwelling as defined. Mr. Williams stated that perhaps the Health Department and the County could work on this project together. Mr. Berg then read the Objective 2 of Goal II to the Commission. Mr. Rosenberger opined the word "discourage" should be changed to "give careful consideration to ". The Chairman shared the consensus of the Commission to advertise the Housing Plan for a public hearing. • I 287 (P )C 07/20/77) p 6 • CONSIDERATION OF BUILDING PERMITS Action - Refer back to the Health Department Mr. Berg told the Commission he had two (2) building permits for mobile homes. He opined there were three (3) individual deeded lots that front Ward Avenue. Mr. Berg told*the Commission that Mr. Robert Johnson was proposing to put two (2) trailers on the three lots and let the drainfield go across all three lots, and the well for both units would be-on one of the lots. He stated Mr. Johnson had put on record a sewer easement for the drainlines across lots 37 and 38. The Commission showed a concern that Mr. Johnson could sell the lot the drainfield occupied and there would be problems. Mr. Williams showed a concern for what could be done if the drainfield should malfunction. He opined that the lots should be recorded so that they could be sold only as one parcel. Mr. Williams also pointed out that one well was serving both lots and if one lot was sold, that would leave someone without water. I Upon motion made by Thomas Rosenberger, seconded by Manuel DeHaven and approved by the following: DeHaven; Golladay, Jr.; Rosenberger; Chairman - YES: BE IT RESOLVED, That the Planning Commission the County of Frederick, Virginia does hereby recommend the building permits of Mr. Johnson back to the Health Department for further study. Mr. Frank Brumback joined the Commission meeting during Mr. Jones's presen- tation. He had been serving on jury duty. Presentation by the Sanitation Authority Action - Recommended Approval Mr. Wellington Jones, Sanitation Authority engineer- director, appeared • before the Commission and told them that in June about sixty (60) County residents appeared before the Board of Supervisors because of the inadequate or dry wells. I 288 (P /C 07/20/77) p 7 July. Mr. Jones said the residents were from the Lone Oak Subdivision. He went on to say the Farmers Home Administration looked at the project and determined it is feasible and could be funded under the drought assistance program, however, the work would have to be completed on the project by November 30, 1977. Mr. Jones said the project would involve the installation of about 16,000 feet of water line and would start at the intersection of Route 277 and Route 641 and go south down Route 641 approximately two (2) miles to the Lone Oak Subdivison. Mr. Jones stated there were about eighty (80) residents along the road, and fifty- three (53) of these have said they would hook up to the line. Mr. Jones said the cost of the project would be $225,000 total preliminary estimate. He said the Authority's plan was to file immediately with the FmHA and hopefully they could • begin in August, however, one of the big problems with the whole project is that it is outside of the proposed Land Use Plan for water and sewer. Mr. Jones said the Authority felt there was a great need for water facilities in this area and they requested that the Planning Commission grant them the permission to install the water lines to serve these people. A discussion was held about the feasibility of this project and the location. I Mr. Jones told the Commission a ten (10) inch line would be used for the project and that the capacity of this line would serve five, six, or seven hundred people. He maintained the Authority could not put a limit on the number of customers the line could service. He said it was the Authority's policy to put in the ten (10) inch line so there would be fire service. He stated as long there was service capacity to provide the Authority would have to provide it Mr. Jones stated the Board of Supervisors had referred the people to the • had to have • the approval of the Planning Sanitation Authority and they had come to the Sanitations Authority's meeting in July. Mr. Jones said the residents were from the Lone Oak Subdivision. He went on to say the Farmers Home Administration looked at the project and determined it is feasible and could be funded under the drought assistance program, however, the work would have to be completed on the project by November 30, 1977. Mr. Jones said the project would involve the installation of about 16,000 feet of water line and would start at the intersection of Route 277 and Route 641 and go south down Route 641 approximately two (2) miles to the Lone Oak Subdivison. Mr. Jones stated there were about eighty (80) residents along the road, and fifty- three (53) of these have said they would hook up to the line. Mr. Jones said the cost of the project would be $225,000 total preliminary estimate. He said the Authority's plan was to file immediately with the FmHA and hopefully they could • begin in August, however, one of the big problems with the whole project is that it is outside of the proposed Land Use Plan for water and sewer. Mr. Jones said the Authority felt there was a great need for water facilities in this area and they requested that the Planning Commission grant them the permission to install the water lines to serve these people. A discussion was held about the feasibility of this project and the location. I Mr. Jones told the Commission a ten (10) inch line would be used for the project and that the capacity of this line would serve five, six, or seven hundred people. He maintained the Authority could not put a limit on the number of customers the line could service. He said it was the Authority's policy to put in the ten (10) inch line so there would be fire service. He stated as long there was service capacity to provide the Authority would have to provide it 289 � I especially since the project was federally funded. Mr. Jones said he had to have • the approval of the Planning Commission and the Board of Supervisors in order to 289 � I (P /C 07/20/77) p 8 • carry out this project, however, neither board could put any restrictions on the line. Mr. Jones stated the designs were already begun since time was so important in this case. Mr. Williams told the Commission that it had been proven that when you have central water you use more water and he wondered what that would do to the septic systems in this area. The Chairman shared the Commission's consensus that it was very hard to make such an important decision in such a short time. A recess was held at this point. The Chairman called the Meeting to Order. Upon motion made by James Golladay, Jr., seconded by Manuel DeHaven and approved by the following vote:, Rosenberger; Brumback - ABSTAIN DeHaven; Golladay, Jr.; 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 project presented by the Sanitation Authority to provide water to the Lone Oak Subdivision area. The Commission then asked if the Authority could try to find out where the water supply is low in areas so that this emergency action does not come up again. FAMILY - VARIANCE Mr. James Golladay Jr. brought up a situation in Opequon Magisterial District where an individual had six (6) acres of land and sold a five (5) acre lot and then reserved a one (1) acre lot to build a house. Mr. Golladay said the house was then going to be sold and he wanted to know if this was in keeping with the Land Use Plan and also family variance to the subdivision ordinance. Mr. Berg said that with a family variance this situation is unlimited and • there is nothing in the present ordinance to stop it. t016; (P /C 07/20/77) p 9 Mr. Berg said that he thought the family variance was good and it helped • a lot of people and it cleared the red tape for a lot of people. He said he is not overly concerned about the variance at this time but he is quite worried about all the five (5) acre lots that were going to record right now. He said that in years to come these lots could be divided into parcels and make smaller tracts. Mr. Golladay stated he was not against family variances, however, he was against people taking advantage of the system. Adjournment Upon motion made by Thomas Rosenberger, 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, Secretary UL'l cg 'ter y J'AJ C. Land n Gordon, Chairman • 291 '