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PC_03-17-76_Meeting_MinutesMINUTES OF THE MEETING OF THE • FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, March 17, 1976 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel De }Iaven; James Golladay, Jr.; Thomas B. Rosenberger; Elmer Venskoske; Keith Williams NOME ABSENT CALL TO ORDER The Chairman called the Meeting to Order and proceeded to the First Order of Business. CONDITIONAL USE PERMIT APPLICATION NO. 53 Ralph W. Poe - Candy Hill Farm - Proposed Campground Action - Recommended Denial (4:1) (Approval Recommendation Motion Defeated, 4:1) Ronald Berg stated that the applicant proposes to initiate a campground containing: seventy five (75) travel trailer sites (30' X 60'), picnic and play areas, swimming pool and bath house to be constructed; and existing barn to be converted for indoor recreation. is He said that water will be piped from a central well to each site, and that a septic tank for the bath house and a tank for the campers' dumping station has been approved by the Frederick - Winchester Health Department. He further stated that the applicant's property is located at the end of Ward Avenue (State Route 1317); bounded by the W & W Railroad, Route 37 and the Stonewall Orchard Lots on the West -- that Ward Avenue is the intended access road (18''pavement width and a 50' right -of -way width) which has no provisions for deceleration or turning land(s) from Route 50, to the best of his knowledge. Frank Brumback disqualified himself from participation and voting because he and the applicant are on the same Bank Board. Mr. Ralph Poe and his attorney, E. Eugene Gunter, appeared before the Commission. Mr. Gunter stated that they had, happily, satisfied all requirements and requests made in connection with the proposal -- at considerable expense • Mr. Gunter stated that Mr. Poe's family residence is located at the site., (PC 03/17/76) P. 2 Mr. Gunter stated that Route 37 (Interstate Highway) which is presently under con- struction has created a permanent and natural barrier of visibility of the proposal by residents of Merriman's Estates -- germain, basic and important to the proposal. Mr. Gunter further stated that Mr. Poe is not interested in any type of permanent residence; only adequate facilities for overnight vacationers, etc. He said that this very well recognized class of people (reflecting today's lifestyle) would inject, obviously, very substantial amount of capitol into the County's economy; and that the applicant had met standards of vacation organizations. Mr. Gunter emphasized that they had canvassed that area and received no objections from the residents of Ward avenue. Opposition John R..Prosser appeared before the Commission and stated that he represented a number of landowners in the immediate area of the proposal. Mr. Prosser stated that the proposal is not new: historical prospective view of former and present applications are identical; no changed facts or circumstances at all, so no reasons why the Planning Commission should make a different recommendation to the Board of Supervisors than previously; it is an inappropriate area for a campground; it would be forcing something objectionable onto the neighbors if allowed to exist; submit that Ward Avenue residents did appear at the last hearing in opposition; Route 37, as a " natural barrier, was considered before by the Board of Supervisors. Mr. Prosser quoted: "Upon motion made by Richard F. Madigan and seconded by Keith Williams, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors that the application be denied to protect the residents of the County from harmful results of haphazard and ill - advised growth patterns, and because a campground is not compatable with a residential subdivision. The above motion was passed with Mr. Venskoske, Mr. Gordon, Mr. DeHaven, Mr. Williams and Mr. Madigan all voting in favor, with Mr. Perry abstaining." (Planning Commission Min. Bk. No. 2, -p 156 /Minutes of the Meeting of Jan. 3, 1974, p 11) Mr. Prosser then reiterated: the Board's decision; related testamonial history by both sides which was later tested in the courts; Judge Woltz's opinion of September 24, is 1976 that upheld the Planning Commission's recommendation and the Board's decision -- and asked: could the Judge, Board of Supervisors and Planning Commission have all been wrong? 5 O - (PC 03/17/76) P. 3 Mr. Prosser insisted that Mr. Poe's family residence location at the site was not remarkable or proof of anything -- where else would Poe live, than where his business •is located? Mr. Prosser submitted to the Chair a four (4)- page petition that, he said, had been signed by surrounding residents in objection to the establishment of the campground pro- posal (including four Ward Avenue residents); and two (2) letters addressed to Thomas B. Rosenberger from residents of Ward Avenue in opposition to same to Mr. Rosenberger; and asked that the above submittals become part of the record. Mr. Prosser cited his clients' opposition to : traffic problem - Ward Avenue lacks proper entrances or exit, groundwater pollution problem - State Water Control Board had raised this question, and a drainage problem Mr. Prosser suggested that the Commission's decision should be consistent with the correct decision previously made; and commented that most of the petitioners were immediate residents in the proposal's vicinity. • Applicant Rebuttal - Mr. Gunter and Mr. Poe Mr. Gunter stated that the proposal is a new application with new factors and involving different circumstances. He stated objection to the generalities of a signed petition. He further stated that it is preferential to campers to find facilities here than to drive all the way to the Cove because that is not convenient or economical, plus difficult to locate. He said that Mr. Poe had not known of the letter from the State Water Control Board, but that the applicant must satisfy all regulations anyway. He maintained that Mr. Sluder (Frederick - Winchester Health Department) had made a full approval in the forementioned letter. qtr. Rosenberger stated that he had viewed the site the day before and asked if the septic tank, dumping station, etc. would ever be a problem with the stream by the railroad track. • Mr. E. D. Millar, Superintendent, Frederick- Winchester Health Department, appeared before the Commission and stated that he saw no problems with the proposal; that sewage disposal is presently planned in accordance with regulations; the State Water Control I (PC 03/17/76) P. 4 Board's statement would be true of any septic tank system from here to Bristol. Mr. Herbert Sluder, Sanitarian, Frederick '.dinchester Health Department, stated that • they would have to do a little blasting for the septic tank itself, but none in the drain- "t-ld area; and that there would be very little risk incurred in the drainfield area itself. He further stated that when he was first approached he drilled a few test holes and the soil looked good. He said that he then requested Mr. Poe to employ his own soil scientist; Mr. John Kane was then employed by Mr. Poe, and he (Mr. Kane) gave a very favorable report. He assured the Commission of their awareness of limestone rock. Mr. Gunter stated that Mr. Ebert's plat (March 6, 1976) is more specific. He emphasized that the State Department of Highways and Transportation had recommended that Ward Avenue be used as an entrance rather than coming across any part of the remaining terrain of Mr. Poe's land; which they had offered to do. The Chairman stated his objection to the potential traffic hazard. Mr. Gunter stated that the entranceway would be off of a dual highway with an island in between them; and that the highway is already provided with a crossover at that very •point. He stated that the said Highway Department_ had told him entry would be no problem. Opposition Rebuttal - Mr. Prosser Mr. Prosser stated: (1) Route 37 was considered last time - no change; (2) Mr. Poe's residence location is irrelevant; (3) Mr. Ebert's plat is only a surveyed rendering as opposed to Mr. Poe's sketch that was used for the previous application. He said that it is inappropriate to place a campground adjacent to residential subdivisions. Opposition Mark Stivers identified himself as being in opposition; including his belief that Route 37 would not obstruct the visibility of the proposed campground. Opposition Ms. White, resident of 'Merriman's Estates (she said), stated that she felt Route 37 would not obstruct visibility of the proposed campground; she said that a campground may &dd to the tremendous surface water runoff and drainage problem from Route 37. 5�- (PC 03/17/76) P. 5 Applicant Rebuttal - Mr. Poe Mr. Poe stated that Mark Stivers lives at the highest elevation; and that a runoff 0 problem does exist at this time of the year. He said that tree foliage seasonally obscures view of the campground site entirely. lie rebutted the residents' opinions for.ementioned of visibility.. He said that runoff water'does not come from his property. He opined that Merriman's Lane is narrow and a driver would not have much occasion to he viewing scenery. He stated that he did not intend to locate campers close to Route 37. lie mentioned that one (1) former opposing resident had since changed his mind and another former opposing resident parks a tractor - trailer in front of his house; also there are four (4) mobile homes parked in that area. The Chairman pointed out the need to consider the basic question of whether or not the proposal would be good zoning practice which constituted commonsense judgment. He then asked for a motion explicit in reasoning as much as possible. Thomas B. Rosenberger made the motion that the Commission recommend approval to the Board of Supervisors because it, in his opinion, was the Commission's duty to consider • several facts; such as health, highway and community need (not necessarily in that order) as well as.the.tremendous fill along Route 37 that is a permanent barrier. He said that he had viewed the site and had talked to all the people along Route 50 of which none had stated opposition to the proposal (in the vicinity of Ward Avenue and around the Tortuga Restaurant). Keith Williams seconded Mr. Rosenberger motion for expediency and stated that it was necessary that he qualify his vote of " after a good bit of deliberation the proposal had not changed, in his opinion, one iota from the previous proposal and that conditions were still not favorable to its location. Manuel DeHaven cited the severe outcropping of limestone at the site (which he had viewed several times) and stated that he wished to vote " even though the Health Depart- ment appeared unopposed to the proposal. James Golladay, Jr. ABSTAINED; Elmer Venskoske voted NO; Thomas B. Rosenberger voted YES; the Chairman voted NO -- therefore the motion by Mr.. Rosenberger was defeated with the vote count of four (4) " votes, one (1) " vote, one (1) " ABSTAIN ". Frank Brumback did not vote, having disqualified himself earlier in the meeting. Upon motion made by Keith Williams, seconded by Manuel DeHaven and approved by the following vote: Williams; DeHaven; Venskoske; Chairman -- YES, Rosenberger -- NO , Golladay; Jr. -- ABSTAINED: • 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 Application No'. 53 for Candy Hill Farm submitted January 27, 1976 by Mr. Ralph W. Poe with the proposed use of seventy -five (75) travel trailer sites, picnic and play areas, swimming pool and bath house to be constructed and existing barn planned to be converted for indoor recreation. 53 (PC 03/17/76) P. 6 Announcement of Frederick County Sanitation Authority Meeting made b the Planning Commission's S ecretar y , • Mr. Berg stated that the Sanitation Authority has been at work on the feasibility and initial design stations of the regional sewage treatment plant and will make a pre- sentation; along with their consultants, Alexander Potter Associates, to the representa- tives of the county and city governments at 7:30 PM, Tuesday, March 23, 1976 at the Apple F'ie Ridge Elementary School which he urged the Commission members to attend. He also mentioned that a public meeting will be announced at a later date. 1. CUP Trailer Parks with unspecified area boundaries discussed Mr. Berg stated that there are several Conditional Use Permits on file for trailer parks without the area boundaries being specified and discussed with the Commission the existing and occupied spaces in said trailer parks. He said that he would like to receive a guideline from the Commission before proceeding further with the maps of said trailer parks. He stated that there are parks that have Conditional Use Permits, yet are not presently operating; that there are conditional Use Permits on file for trailer parks that i have not been used to full capacity (twelve approximately) and /or without the condition that it would run with the land without stipulations. He.further stated that the only regulations that must be met with these Conditional Use Permits would be the design criteria of the Trailer Ordinance. Mr. Berg pointed out that whether or not a vested interest exists should be considered and asked if it is legally possible to nullify and void Conditional Use Permits for areas that are unused with additional area granted at a later date. The Commission conferred with Mr. Lawrence. R. Ambrogi, Legal Counsel. The Chairman stated that, in his opinion, Mr. Berg should exclude Frye and include all other Mobile Home Parks while terminating and reducing area of Conditional Use Permits. He also stated that the secretary should use his discretion in handling this matter. ADJOURNMENT Upon motion made by Keith Williams, seconded by James Golladay, Jr. and approved unanimously, L (PC 03/17/76) P. 7 Bt: 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, " ' [r H. Ronald Berg, Secretary c �✓ Wi.. a2cY�c: — ' C. Langdo ` ordon, Chairman . F L p- I