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PC_10-05-77_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room October 5, 1977 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; W. French Kirk; Elmer Venskoske ABSENT: Thomas Rosenberger CALL TO ORDER The Chairman called the Meeting to Order and proceeded to the First Order of Business. Minutes of the Meeting -- September 7, 1977 -- Approved with corrections BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the minutes for the meeting of September 7, 1977 with the following corrections: page 309 -- spelling -- dividng change to dividing Add Mr. Venskoske's name to the vote on "minutes approved" Upon motion made by W. French Kirk, seconded by James Golladay, Jr., and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES Consideration of Zoning Map Amendment Petition No; 010 -7 of E. & D. Enterprises, Inc No Action .Taken The Chairman told the Commission this zoning map amendment petition was held over from the meeting in August for Health Department comments. Mr. Berg stated he had had a report from the Health Department and they had said they could not find a suitable location for a septic system,-therefore, a permit could not be issued. A discussion was held whether to deny the application or not to take any action on it. Mr. Berg told the Commission the Department would refund one -half Q�) Mr. Hart's fee if the Planning Commission did not act on the application. 314 (P /C 10/05/77) p 2 BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby decide to take no action on this Zoning Map Amendment Petition No. 010 -77 of E. & D. Enterprises, Inc. Upon motion made by Manuel DeHaven, seconded by W. French Kirk and approved by the following vote: DeHaven - ABSTAIN Kirk; Golladay, Jr.; Venskoske; Brumback; Chairman - YES Mr. DeHaven said the reason he abstained was because he had property adjoining Mr. Hart's property. The Chairman directed Mr. Berg to proceed with the reimbursement of one -half (�) the fee. SUBDIVISIONS Northwest portion (39,059 square feet) of the 10.466 acre Allen Properties, Inc. land. Action - Recommend ADDroval Mr. Berg told the Commission this was a subdivision request asking for the land to be divided into a nine (9) acre tract and a one (1) acre tract. He said that the water and sewer is currently being provided to the Kentucky Fried Chicken, store on the one (1) acre tract, by the Sanitation Authority and they have approved this application and it did meet all zoning and staff requirements. Tom Dickinson and Gary Pearson of Kuykendall, Whiting, Costello Attorneys, appeared before the Commission representing the petitioner. Mr. Dickinson said the property was at the interchange of Route 277 and Interstate 81. He explained the Kentucky Fried Chicken lot would be taken out of the ten (10) acre tract. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval to the Board of Supervisors of the Subdivision.of the Allen Properties, Inc. Upon motion made by James Golladay, Jr., seconded by Manuel DeHaven and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES 315 (P /C 10/05/77) p 3 The Lenoir City of Virginia Lots, three (3) lots -- 1 acre, 2 acres, 2.077 acres Action - Recommend Approval Mr. Berg told the Commission this subdivision was for three (3) lots in an M -1 Industrial area located directly behind Crown, Cork and Seal, Inc., He stated the lots would have septic tanks and drainfields which have been approved by the Health Department. Mr. Berg added the Highway Department had approved the plat, and that-"-the lots did comply with zoning and staff requirements. Mr. Berg stated that because the lots were Industrial tracts, no recreation impact fee would be involved. Mr. Kenneth Gilpin representative of Lenoir City Company of Virginia, appeared before the Commission and stated that all three lots had been sold subject to =the approval of the Planning Commission and the Board of Supervisors. The Commission had a discussion on the lot sizes. Some of the members felt a one acre industrial tract was not enough to operate an industry.especially. since the setback requirement was 75 feet. Mr. Berg explained that the present Zoning Ordinance permits a one acre industrial lot. He also told the Commission that the purchaser of the one acre tract was aware of the setback requirements and that the one acre is really all he needed. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of the Subdivision of the Lenoir City Company of Virginia Lots. Upon motion made by-Manuel DeHaven, seconded by W. French Kirk and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES 316 (P /C 10/05/77) p 4 Resignation of R. Wesley Williams The Chairman read the following letter of resignation received from Mr. R. Wesley Williams, Lord Fairfax Health District, on September 7, 1977: "It is with regret that I submit my resignation from the Frederick County Planning Commission, effective immediately. The Virginia Department of Health feels that since I have been promoted to the position of Administrator, Lord Fairfax Health District, that one of the Sanitation supervisors in the District should assume my position on the Frederick County Planning Commission, provided this is the pleasure of the Planning Commission. I have enjoyed serving on the Commission, and I leave realizing the great job that the Commission has done for Frederick County and the hard work that has yet to be done to provide an orderly development of our great County." /s/ R. Wesley Williams cc: Mr. Ron Berg The Commission shared their regrets of losing Mr. Williams and discussed who would be responsible for appointing someone else to fill the position. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby direct a letter -to be drafted requesting the Board of Supervisors to appoint someone to replace Mr. Williams. Upon motion made by Frank Brumback, seconded by James Golladay, Jr., and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES Housing Plan Component Mr. Berg told the Commission the Housing Plan Component of the Comprehensive Plan had been held over for the joint meeting between the Board of Supervisors and the Planning Commission and there had been no comment on it, therefore, the Housing Plan was ready for a public hearing. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby direct the Housing Plan Component of the Comprehensive Plan be advertised for a public hearing to be held on November 2, 1977. Upon motion made by James Golladay, Jr., seconded by Frank Brumback and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES 317 (P /C 10/05/77) p 5 Planners Institute Mr. Golladay brought up the Planners Institute that had been held in Charlottesville on September 18, 19, and 20. He said that he would like to speak for the three members that had attended and thank the County for sending them. He stated that it was interesting to know that counties all over the State had problems similar to Frederick County's. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby direct the report of the seminar be made a part of the minutes. Upon motion made by W. French Kirk, seconded by Elmer Venskoske and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES The Chairman called a twenty (20) minute recess. The Chairman called the meeting back to order for the Public Hearings. PUBLIC HEARINGS Zoning Map Amendment Petition No. 013 -77 of Buddy E. and Joan W. Spears c/o Benjamin M. Butler, P. 0. Drawer 2097, 11 South Cameron Street, Winchester, Virginia, hereby requests that 1.54 acres, on the East side of Route 522 at its intersection with State Route 642 now zoned Agricultural- General District ( -2 ) be.-rezoned: Business - General District ( -2 ). This property is designated as parcel No. 83 on Tax Map 76 and is in Shawnee Magisterial District. Action - Tabled Mr. Berg told the Commission the property sought to be rezoned is located on the east side of Route 522 approximately seven (7) miles south of Winchester in Shawnee Magisterial District. He stated the property had a frontage of 240 feet on Route 522 and that it consisted of 1.54 acres. Mr. Berg said it was proposed that the property would be put to the following use: upholstery business, furniture store, and repair shop. Mr. Berg said that no new buildings would be constructed. 318 (P /C 10/05/77) p 6 Mr. Benjamin Butler attorney representing Mr. & Mrs. Spears, appeared before the Commission and explained the Spears were deaf mutes and he would be representing them. He explained the building had been owned by Buddy Artrip and that at one time the building was intended to be a furniture outlet store. He said Mr. Artrip then sold the building to the Spears and they continued the upholstery shop. Mr. Butler told the Commission that the petition was being filed to recognize what the building had been in use for years as a nonconforming use and to protect the Spears in case something would happen to the store. Mr. Butler pointed out that this business was the only type of business the Spears could conduct and this was their income. Mr. Berg told the Commission the Health Department had not responded as yet, however, they had said that when the building was used for a restaurant several years ago, the septic system had failed. A discussion was held concerning the Health Department's approval. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby table the Zoning Map Amendment Petition No. 013 -77 of Biddy E. and Joan W. Spears until the next meeting so that the Health Department would have time to comment. Upon motion made by W. French Kirk, seconded by Manuel DeHaven and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES CONDITIONAL USE PERMIT No. 007 -77 of Mrs. Adam B. Myers -- request to operate a home for the aged. Action - Recommend Approval Mr. Berg told the Commission Mrs. Myers wanted to operate a home for the aged. He stated Mrs. Myers presently has three (3) patients in her home which is located in the Lockhart Subdivision. Mr. Berg said Mrs. Myers is requesting this Conditional Use Permit to operate a nursing home in her home which is located in A -2 zoning. He explained that Mrs. Myers has been going back and forth from the County to the State trying to get some action, and that finally it has been 319 (P /C 10/05/77) p 7 determined that the State will not act until the County has acted. Mr. Berg said upon this conclusion, he had recommended Mrs. Myers receive a one (1) year permit with a recommendation of restrictions. He said that he had talked with Mr. Sluder of the Health Department and he felt that the septic system on . the property would function properly with four (4) patients, however, it may be necessary to pump the system frequently in wet weather. Mr. Berg stated that Mr. Wellington Jones, Sanitation Authority, is willing to accept the pumped effluent at the Sanitation Authority's treatment plant and that Mrs. Myers had contracted with the Authority for the water and sewer hookup which will be available next summer. Mr. Berg said the next issue would be whether or not the building would meet the fire safety building code requirements and until a Conditional Use Permit is issued, the state will notinspect the property and tell Mrs. Myers what she needs to meet the requirements. Mr. Charles Kirkland land surveyor, and Mrs. Myers applicant, appeared before the Commission. Mrs. Myers told the Commission she had planned for six (6) patients and Mr. Sluder had told her one more patient would be the maximum for the septic system. She explained she now has three (3) patients, however, she has room for six (6) and she would like to have that many when the water and sewer is hooked up. She said the fire inspector was out to see the house but he didn't have a form however, he did tell her that she needed exit signs for the doors and two fire extinguishers and a smoke detector. Mrs. Myers said they had added an addition to her house for the patients. She said she had talked with Mr. Berg and Mr. Sluder and she was aware that she would have to have restrictions. Mr. Brumback said he felt with the restrictions made he didn't see any problems with the Conditional Use Permit. 320 (P /C 10105177) p 8 BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of the Conditional Use Permit 11007 -77 of Mrs. Adam Myers with the following restrictions: Mrs. Myers should receive a one (1) year permit with the following conditions: (1) Care limited to four (4) ambulatory patients only. (2) All fire safety and building code requirements must be met by March 1, 1978. (3) If a State license is not received by March 1, 1978, then the permit is subject to review. (4) Septic tank must comply with Health Department requirements. Upon motion made by Frank Brumback, seconded by W. French Kirk and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES - - - - - - - - - - - - - - - - - - - - CONDITIONAL USE PERMIT No. 006 -77 of Candy Hill Farm Camp round -- request to operate a 70 space camp- ground by Ralph Poe. Action - Recommend Denial Mr. Berg told the Commission that Mr. Ralph Poe, applicant, was applying for a seventy (70) site campground to be located off Ward Avenue. The site was to be for recreational purposes, overnight campers, travel trailers, picnic areas, and play areas. Mr. Golladay told the Commission he was going to abstain from voting or discussion on the application since he was building a home in Merriman's Estates. E. Eugene Gunter attorney representing Mr. Poe, told the Commission all matters had been taken care of and presented on the application form. He said the application for a Conditional Use Permit would fit into the category of rezoning and therefore before the Commission could take any action that would meet the requirements of the County Code he felt it should be advertised for a public hearing. Mr. Gunter went on to say that the Conditional Use Permit had not been advertised for a public hearing therefore, he felt they were going to have a preliminary meeting, however, if the Planning Commission felt differently, he was ready to present authority in the form of Section 15.1 -504 of the Code of Virginia which provides how ordinances, permits, or other things involving discretion 321 (P /C 10/05/77) p 9 of a Commission or Board whether it be advisory or final action. The Chairman told Mr. Gunter he was not aware that a Conditional Use Permit had to have a public hearing. Mr. Gunter said that a Conditional Use Permit on an already existing zoned area is still a discretionary action as far as the advisory powers of the board is concerned and a discretionary action as far as the action of the Board of Supervisors is concerned, and much the same as a rezoning. Therefore, he thought it would be unfair to the Commission, unfair to the objectors, and also to his client and his proponents to go on with the meeting as though the Commission was having a legal public hearing. Mr. Gunter went on to say that he didn't believe the meeting was being held with a properly advertised, law complying public hearing simply because it had not been publicized for two consecutive weeks. The Chairman told Mr. Gunter he felt this application had dragged on long enough and some determination should be made on it, therefore, the application would be heard. Mr. Berg told the Commission that a Conditional Use Permit was never advertised unless the Commission or the Board felt that a public hearing was required. He said he was not familar with the section of the Code that Mr. Gunter was citing however, he would certainly disagree based upon the Commission's previous experience. Mr. Gunter brought up the previous campground Conditional Use Permits and said that in each case they were advertised for a public hearing. Mr. Berg stated that in each case the public hearing was specifically requested and advertised as an option of the Planning Commission. 322 (P /C 10/05/77) p 10 Mr. Gunter stated that the tract of land being discussed was a tract of land that was already zoned appropriately. Mr. Kirk brought up the width of Ward Avenue. He said he thought the road should be at least four to six feet wider. Mr. Kirk said he didn't think two trailers could pass on the Avenue. Mr. Gunter stated that the road (Ward Avenue) was studied by the Assistant Resident Engineer, Mr. Reginald C. King, and he had approved it for the purposes for which this permit requests. Mr. Gunter said the survey that the Highway Department conducted did include Ward Avenue, and the point where Ward Avenue comes into Route 50 and that they had indicated that they did not consider the granting of this permit would create any hazardous situation at that intersection. Mr. DeHaven brought up the question of why the site plan said that Ward Avenue was fifty (50) feet and the staff report stated it was forty (40) feet. Mr. Berg told the Commission the right -of -way on the site plan was not correct and that Ward Avenue is forty (40) feet instead of fifty (50) feet. Mr. Gunter said if Ward Avenue is forty (40) feet instead of fifty (50) feet than a clerical error must have been made. The Chairman read a note from Mr. King of the Highway Department that stated Wardi Avenue as being eighteen (18) feet wide and a forty (40) foot right -of -way. Mr. Gunter said the maximum width of a trailer is eight (8) feet and two of these passing would leave two (2) feet. Mr. Gunter said they had met with all the requests of the staff and the Health Department had approved the plan. He stated the site plan had been revamped to some extent in order to provide for the five hundred (500) foot requirement that was recently added to the Code of Virginia and the number of spaces called for do comply with the state code and also with both the state and local Health Department requirements. 323 (P /C 10/05/77) p 11 Mr. Gunter said that the campground was not for permanent living but for overnight or weekend camping. He said that Mr. Poe already has built and installed and invested money in the property but has not proceeded any further because he does not have the permission from the governing bodies of the County. Mr. Gunter said that the campground was not to be an eyesore to the area, and added that camping is a hobby accomodating a fine group of tourists. Mr. Gunter said that in view of continued development of this camping hobby, and in view of approval of campgrounds elsewhere in Frederick County that obviously a campground is needed near or about the metropolitan area of Frederick County. He said that the petitioner, Mr. Poe, was back for the third time and as the years pass, obviously the pendulum is swinging towards the thrust of this petitioner and there is no reason for it to be denied. Mr. Gunter added that the lay out of the area had changed in some appreciable aspects since Mr. Poe had first appeared before the Commission. He said now an interstate highway is open, and that this interstate highway constitutes about as much a natural barrier that you can get. He said that also the livestock exchange had added on to the back of the market and that it now extends back towards the proposed campground.and that there is a certain amount of smell, odor and perhaps stench that goes along with a livestock market; this would make this a common boundary line. Mr. Gunter stated that around the property there was a truck repair shop and a scrap junk yard. Mr. Gunter told the Commission that he respectfully and honestly request and hope that they would give approval to this permit. FAVOR Bill Thomas appeared before the Commission and said he was retired and a trailer owner. He stated he had looked over Mr. Poe's property and he thought it would make an ideal trailer park, and also that it is situated in such a place 324 (P /C 10/05/77) p 12 that you would get trailers there during the Apple Blossom Festival that would benefit Frederick County as far as taxes go. nDDnCTTTnN Everett Weitzell resident of Merriman's Estates, appeared before the Commission and said that his house was approximately one hundred (100) feet from Mr. Poe's boundary. Mr. Weitzell said that Mr. Poe's Conditional Use Permit was an imposition on the people as well as to the governmental body serving the County to have it brought up so many times. He said each time we are faced with practically the same issues. Mr. Weitzell said that saying Frederick County needs another camper park is not a matter of fact because we already have several and there is no valid reason why a trailer park should be put in the midst of the residential areas that surround Mr. Poe's property. He said that a critical point was that of water pollution, and maintained that the concentration of a seventy (70) unit camper park adjacent to the wells in the residential area would jeopardize the water supplies of all the people. Mr. Weitzell said if the effluents went into the ground then it would go right into the limestone that feeds the wells. He said in addition there is a culvert leading from Mr. Poe's property underneath Route 37 and right down through his property. Mr. Weitzell said to place a Commercial enterprise with all types of sewerage or surface drainage coming down he thinks would jeopardize health and welfare. He stated the noise pollution would be another problem. Mr. Weitzell said a commercial development would detract from the Route 37 corridors that have no other commercial development on it after you leave Route 50. Mr. Weitzell brought up traffic and safety. He said that Route 50 and Interstate Route 37 involves a very busy interchange and that Ward Avenue comes into the same spot without any kind of service or speed reduction lane. Mr. Weitzell ended by saying that the permit had been denied several times and the basic issues have not changed. 325 (P /C 10/05/77) p 13 James B. Fineland a resident of Merriman's Estates, appeared before the Commission and brought up the water conditions. He stated that he had lived in Merriman's Estates for the past eight (8) years and every winter water laid in the back yards of the houses there. He said now a culvert had been put in under Route 37 and this would allow more water to come into the area. Mr. Fineland said he felt the campground would be bad because the sewer system for the campground would probably contaminate the water of the people in the area. Mrs. C. Ridgeley White (Eleanor), resident of Merriman's Lane, appeared before the Commission and said that she was concerned for the residents and their water and also for Route 50. She stated when Route 37 went in, it made a very valuable commercial area and if the County neglects to hold the line and keep commercial industry from coming in then the area will end up like Valley Pike. Mrs. White said everybody in the County should care and hold the line on commercial development. She said she would like to see the Board of Supervisors give zoning a chance and let the County control development. REBUTTAL Mr. Gunter told the Commission that approval had been issued by the Health Department and he didn't feel the residents should think they knew more than the professionals. He pointed out that Route 37 had been put right through Mr. Poe's property and that the State had put the culvert under the road not Mr. Poe. In commenting about the subsurface drainage, Mr. Gunter said that Mr. Poe could not be held responsible for this water that laid on top of the ground during the wet seasons. Mr. Gunter said that the property was not zoned Commercial therefore, a commercial enterprise was not being developed; the property is zoned Agricultural 2. He said that as far as highway safety is concerned, the Highway Department had approved and all requirements had been met and he saw no reason to deny the permit. 326 (P /C 10/05/77) p 14 Mr. Weitzell appeared before the Commission and stated that Mr. Poe had an alternative for his property just like the owners of Merriman's Estates had had. He argued that as long as the standards of the Health Department and the Highway Department were met the departments had to approve. William Burslem a resident of Merriman's Estates told the Commission that the people were not attempting to point the drainage problem at Mr. Poe nor accuse him of creating it. He said they were just asking the County to prevent any increase of the drainage across the properties. He asked the Commission if it was good planning to put a campground immediately adjacent to a livestock market.' Wilbur Stivers appeared before the Commission and said perhaps they were "laymen" talking against this campground this time, however, experts had been heard at the previous times the Conditional Use Permit had been brought before the Commission. BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of the Conditional Use Permit #006 -77 of Candy Hill Farm Campground. Upon motion made by Manuel DeHaven, seconded by the Chairman and denied by the following vote: Golladay, Jr. - ABSTAIN Kirk; DeHaven - YES Venskoske; Brumback; Chairman - NO Upon the motion being defeated the following motion was made: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend disapproval to the Board of Supervisors of the Conditional Use Permit 11006 -77 of Candy Hill Farm Campground. Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved by the following vote: DeHaven; Golladay, Jr. - ABSTAIN Kirk; Venskoske; Brumback; Chairman - YES 327 (P /C 10/05/77) p 15 GRNRRAT. A discussion was held by the Commission and they decided they needed legal counsel at all the meetings, therefore the following motion was made: BE NT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby request:that the Commonwealth's Attorney or his assistant be present for the duration of the Planning Commission's meetings :.and if they can not be present then the Board of Supervisors will provide the Commission with a competent legal advisor to attend all the meetings. Upon motion made by James Golladay, Jr., seconded by Frank Brumback and approved by the following vote: Kirk; DeHaven; Golladay, Jr.; Venskoske; Brumback; Chairman - YES 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. Respectfully Submitted, �/' 4 H. Ronald Berg, Secretary C. Langdon Gordo , Chairman 3.2e