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PC_06-02-76_Meeting_MinutesMINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION ® Held in the Board of Supervisors' Room, June 2, 1976. PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; Thomas B. Rosenberger; Elmer Venskoske;.Keith Williams NONE ABSENT CALL TO ORDER The Chairman called the Meeting to Order and proceeded to the First Order of Business. MEETING MINUTES Submitted - - May 5 & 19, 1976 Action - Approved Upon motion made by Frank Brumback, seconded by Elmer Venskoske and approved by the following vote: Williams; DeHaven; Golladay, Jr.; Venskosek; Rosenberger; Brumback - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby dispense with the Reading of the Minutes of the Meetings of May 5 and 19, ® 1976. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the Minutes of the Meeting of May 5, 1976 with the following corrections: a) p .7, para. 2 ... "Mr. Wade Bridgeforth, Jr." changed to "Mr. W. E. Bridgeforth, Jr. ", b) p 11, para. 2 ... "initially 90 -acre tract is located" changed to "initially 9 -acre tract is located ". c) p 11, para. 7 ... "lives advacent and maintains an apple orchard." changed to "main- tains an apple orchard adjacent. ". d) p 11, para. 8 ... change vote of yes by James Golladay, Jr. to that of abstained. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby approve the Minutes of the Meeting of May 19, 1976 as written. CONDITIONAL USE PERMITS James A. Sandy T/A White 0ak Trading Post & Campground - CUP App L. No. 64 to erect one (1) directional sign (2' X 3') on 10.470 acres (owned by Exxon Co., USA) located South side of Route 277, one -tenth (1 /10) mile East of Stephens City Interchange No. 78, Opequon Magisterial District, B -1 Zoning. Action - Recommended Approval Mr. James A. Sandy appeared before the Commission and stated that the State Highway 0 Department had told him they would approve his application contingent on county approval. I (PC 06/02/76) P. 2 Upon motion made by James Golladay, Jr., seconded by Manuel DeHaven and approved by the following vote: Williams; DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of said County of the Con- ditional Use Permit Application No. 64 submitted by Mr. James A. Sandy, T/A White Oak Trading Post and Campground to erect one (1) directional sign (2' X 3') on 10.470 acres (owned by Exxon Company, U.S.A.) located South side of Route 277, one -tenth (1/10) mile East of Stephens City Interchange No. 78, Opequon Magisterial District, B -1 Zoning. Forest Lake Estates (Mobile Home Park) - CUP Appl. No. 62, Opequon Magisterial District, A -2 Zoning, 485 spaces, 123 acres, by H. Ray VanDyke and T. G. Adams for Rayland Corp. Action - Recommended Denial Mr. Lewis M. Costello appeared before the Commission and stated that he believed that the Planning Commission's requests addressed in the new plat were met as outlined. Mr. Costello listed the changes: a) Road::has been widened; b) Of 485 total lots 172 are 30', 260 are 40' or more, 52 are 50' or more; c) Approximately 2.6 miles of street shown on the plat; d) Plat shows 70 developed acres and 36 non - designated acres; and e) Typical sections of finished grades have been shown. Mr. Bruce Edens, P.E., stated that what is not presently a 5% slope gradient will be cut or filled to comply with the Ordinance. Mr. Williams asked if the proposed sewage treatment plant would discharge into or onto adjacent property. Mr. Edens stated that the point of discharge would have to be below the dam. The Chairman asked if the sewage lines would be through the lake. Mr. Edens stated that the effluent line (cast iron with mechanical joints and watertight) going under. the pond to the discharge point. Mr. Costello stated that lots within the drainage area have been eliminated. Mr. Venskoske asked if any work had begun yet on the project. Mr. Costello replied that any work accomplished had been done under the first permit. Mr. Golladay asked if they had contacted the State Department of Highways and Trans- 0 portation re safety of Route 636. C'f L (PC 06/02/76) P. 3 Mr. Costello replied that they had contacted the department. He also stated that anything, in his opinion, on state property is not a private citizen's responsibility. ® He elaborated that availability of access is not criteria for approving or rejecting a plat. Mr. Berg asked how the mobile homes would be tied down on "fill" land. Mr. Costello answered that this would be accomplished as required by the Ordinance which might be subject to some variation for each individual site. Mr. Berg stated that the state requires that the tiedowns be below the established frostline on stable soil. Mr. Costello, during the ensuing discussion, stated that they proposed to dig down until they hit solid ground and then use concrete, or whatever is required. The Chairman asked Mr. Costello to estimate, if possible, what percentage of the lots might be affected by severe gradients requiring fill. Mr. Costello submitted, with regard to the Site Plan approval, this did not apply; • they would not know until faced with individual lot construction; and any lots that could not be used certainly would not be used. He stated that he did not recognize the question as being legal, rather as being economic or practical. Mr. Rosenberger stated that he had visited the site and that he considered it to be, visually, one of the most undesirable sites in Frederick County with grades and hollers, a very narrow and winding road, and a steep gully through the entire property. Mr. Costello contended that desirability of-the site for trailers is not an issue in this case because zoning had already been determined. He stated that access roads, as a legal matter, cannot influence a decision. Mr. Costello emphasized that the issue was only of whether the Site Plan meets technical requirements of the Ordinance in effect at the time the proposal was originally reviewed -- none of these questions were asked then. Mr. Costello also stated that the site was selected in part because of its sec =' • luded location and in consideration of the interests of the Board of Supervisors. L I (PC 06/02/76) P. 4 Opposition Mr. Mason Larwood appeared before the Commission (The Frederick County Environmen- • tal Council, Inc.) and stated that he did not understand why the access road would have no bearing on the proposal because if it were inadequate it would involve traffic safety. Mr. Golladay discussed with Mr. Costello the difference between 173 and 491 trailer spaces. Upon motion made by Thomas B. Rosenberger, seconded by Manuel DeHaven and approved by the following vote: DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES, Williams - NO: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend denial to the Board of Supervisors of said County of the Condi- tional Use Permit No. 62 submitted by H. Ray VanDyke and T. G. Adams for Rayland Cor- poration for a trailer park consisting of 485 spaces, 123 acres, A -2 Zoning, Opequon Magisterial District, and entitled Forest Lake Estates for the following reasons: a) land contour, b) access roads, c) sewage treatment plant feasibility, and d) isolation lends easily to crime. Mr. Costello requested the reasons be stated in writing by the Commission'to the applicants. The Chairman directed the secretary to do so. Mr. DeHaven commented that it is up to the Commission to protect the community as far as the roads are concerned. PUBLIC HEARINGS Zoning Map Amendment Petition No. 016 -76 of Opequon Estates, Inc. Route 7, Box 81, Winchester, Virginia hereby requests that 76.788 acres, more or less, located North of Burnt Factory, fronting the East side of Route 664 and South side of Route 660, now zoned Agricultural - General (A -2) be rezoned: Residential - Limited (R -1). This parcel is designated as No. 2 on tax map 56(A) and is in Stonewall Magisterial District. Action - Recommended Approval Mr. Berg stated that the property is located five (5) miles Northeast of Win- chester upon which the applicants propose thirty one (31) lots ranging in size from • two (2) acres to three - point -two (3.2) acres. Mr. James R. Wilkins appeared before the Commission and stated that he is presidp�t I (PC 06/02/76) P. 5 of Opequon Estates, Inc. He discussed with the Commission the location as compared to Routes 664, 660, a new road, and two (2)'proposed roads. He mentioned that these is new lots would not adjoin Opequon Creek as the previous ones do. Mr. Wilkins stated that the land percolates well after being retested, that the proposed lots would average over two hundred feet (200') of frontage, and that all roads would be in accordance with state standards. The Chairman quoted the following review comments from (respectively) the Frederick - Winchester Health Department, and the Virginia Department of Highways and Transportation: "Please be advised that the proposed Opequon Estates Subdivision is tentatively approved for subsurface septic tank system. This tentative approval is based on soil evaluations which were conducted according to the Health Department policy by digging test holes on each site to a depth of approximately 4 feet. Each lot will be judged on an individual basis at the time an applicant seeks a health permit to install a subsurface drainfield system." /s/ Paul E. Musick and E. D. Millar, Sanitarian Supervisor, May 13, 1976. "Insofar as this office is concerned, this plat appears to be satisfactory, how- ever, it may be difficult to construct entrances to some of the lots due to limited site distances." ® /s/ R. C. King (J.O.) Assistance Resident Engineer, May 13, 1976. Upon Mr. Venskoske's question, Mr. Wilkins stated that the entrances would not be a great problem because there would not be heavy use and, even though the land rolls some, construction could eliminate a great deal of the difficulty. Upon the Chairman's inquiry, Mr. R. W. Williams stated that Messrs. Sluder and Musick had said that they considered the site to be generally'suitable for septic tanks and drainfields providing individual lots pass examination upon development. He also said that they (Messrs. Sluder and Musick) were not concerned about the soil in general, and that the proposed lots are large enough to accommodate addi- tional drainlines. Mr. DeHaven commented that he had visited the site following a heavy rainstorm and had noticed that the test borings had retained no water. Mr. R. W. Williams further stated that the land in the proposal's general • vicinity contains shale that does not lie horizontally and the Health Department had previously had difficulty keeping water in the test borings to obtain a reading. I (PC 06/02/765 P. 6 Mr. Berg, upon inquiry by Mr. Brumback, stated that water would be more feasible than sewer from Route 7 to service the proposal. • The Chairman asked if he should read and have entered into the record a letter from "Jordan Springs Resident" that had been received in opposition to the proposal. Upon motion made by Thomas B. Rosenberger, seconded by Elmer Venskoske and approved by the following vote: Williams; DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby not wish to have quoted, nor entered into the Minutes of This Meeting, the letter in opposition to Zoning Map Amendment Petition No. 016 -76 that had been anonymously signed "Jordan Springs Resident ". Upon motion made by Keith Williams, seconded by Manuel DeHaven and approved by the following vote: Williams; DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend approval to the Board of Supervisors of said County of Zoning Map Amendment Petition No. 016 -76 of Opequon Estates, Inc. based upon the following: a) proximity to existing housing and lots already subdivided by the present owner; • b) lot size; c) proposal's location; d) road improvements shown on the Site Plan; and e) proposal's secondary county road lot frontage. Zoning Map Amendment Petition No. 017 -76 of Irvin F. and James E. Barb 22 West Main Street, Berryville, Virginia hereby request that 53.173 acres, more or less, fronting the South side of Route 621, approximately four - tenths (4/10) mile West of inter- section with Route 628, now zoned Agricultural - General (A -2) be rezoned: Residential - Limited (R -2). This parcel is designated as No. 50A on .tax map 62 and is in Back Creek Magisterial District. Action - Recommended Approval Mr. Berg stated that the proposal is for fifteen (15) single- family residential lots. The Chairman quoted the following review comments from (respectively) the Frederick- Winchester Health Department, and the Virginia Department of Highways and Transportation: "A detailed soil study was not conducted but'; a brief walk over inspection of the above tract of land was made on May 14, 1976. In my opinion, the soil for the most part appeared suitable for on site sewage disposal system. Due to numerous rock • ledges, drainage ways, and a flood plane, great care will be required in the proper arrangements of lots of any future subdivision of this land. (PC 06/02/76) P. 7 The Health Department would recommend that large acreage tracts as opposed to small lots be considered." /s/ E. D. Millar, Sanitarian Supervisor and R. R. Wittmann, Sanitarian, May 16, 1976 "Insofar as this office is concerned, this plat appears to be satisfactory." /s/ R. C. King (Jo) Assistant Resident Engineer, May 13, 1976. Mr. Irvin F. Barb appeared before the Commission and stated that there exists a prior deed restriction limiting the number of allowable residential lots to fifteen (15). He said that there is a fifty -foot (50') access easement to the West of the property that is only a right -of -way through years of "use ", not record, and consists only of an unimproved lane. He said, also, that there is a stone dam on the property with a roadway across it. Mr. Barb stated that the road intersecting with Route 621 is somewhat steep with approximately a twelve - percent (12 %) grade that they planned as their access road. Mr. Barb stated that the proposal would encompass more than half of fifty (50) acres and would include a twelve (12)- acre common area on a former lake bed. West of the proposal (approximately 323 acres) would be developed later (his present plans) under A -2 Zoning for 5 -25 acres per tract containing high -class dwellings. Mr. Brumback remarked that consideration must be given to removing land from productive capacity even though it may not be prime land as well as adding houses to an area that already has in existence a great many wells and septic systems. He also noted that no public service is planned in the forseeable future. The Chairman noted that the proposal is for property in an area that is totally wooded with no primary agricultural land. Upon motion made by Manuel DeHaven, seconded by James Golladay, Jr. and approved by the following vote: Williams; DeHaven; Golladay, Jr.; Rosenberger - YES, Venskoske; Brumback - NO: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval to the Board of Supervisors of said County of Zoning • Map Amendment Petition No. 017 -76 of Irvin F. and Jamesr ;E. Barb due to minimum frontage facing Route 621, lot size, and wooded area being unsuitable for orcharding or agri- cultural purposes in the future. , I v Mr. Barb stated that the present steepest gradient is 25% that would be leveled • to a maximum of 12 %. He also stated that the property under his ownership to the West of the proposal (approximately 323 acres) would be developed later (his present plans) under A -2 Zoning for 5 -25 acres per tract containing high -class dwellings. Mr. Brumback remarked that consideration must be given to removing land from productive capacity even though it may not be prime land as well as adding houses to an area that already has in existence a great many wells and septic systems. He also noted that no public service is planned in the forseeable future. The Chairman noted that the proposal is for property in an area that is totally wooded with no primary agricultural land. Upon motion made by Manuel DeHaven, seconded by James Golladay, Jr. and approved by the following vote: Williams; DeHaven; Golladay, Jr.; Rosenberger - YES, Venskoske; Brumback - NO: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia, does hereby recommend approval to the Board of Supervisors of said County of Zoning • Map Amendment Petition No. 017 -76 of Irvin F. and Jamesr ;E. Barb due to minimum frontage facing Route 621, lot size, and wooded area being unsuitable for orcharding or agri- cultural purposes in the future. , I v i (PC 06/02/76) P. 8 Zoning Map Amendment Petition No. 009 -76 of Edwin G. and Phyllis S. Simmons 9902 Rogant Road, Silver Springs, Maryland hereby request that 39.11 acres, more or less, located on the North side of Route 50 opposite intersection with Route 803 West, now • zoned Agricultural, Limited (A be rezoned: Residential- Limited (R -1). This par- cel is designated as 52- (A) -17 on tax map 52 and is in Gainesboro Magisterial District. Action - Recommended Denial The Chairman quoted: "This letter is to confirm that I have visited your property, 39.11 acres, on the north side of Route 50 -West in Frederick County, Virginia. You propose to develop this tract of land into a residential subdivision known as Crestwood, and having 30 -35 home sites. I did soil borings and checked over a hundred test holes previously drilled by John Kane, private soil scientist, and found that the soil is generally suitable for subsurface sewage disposal systems." (Letter to Mr. David Zeiger, 1100 -17th St., N.W., Washington, D.C. 30006 from H. L. Sluder, R.S., Sanitarian Supervisor A, Frederick - Winchester Health Department dated June 1, 1976:) Mr. Benjamin M. Butler, counsel for contract purchaser and developer (Leon B. Zeiger) appeared before the Commission and presented pictures for examination: a) Frontal view from Route 50 showing the existing land of 80% pine, etc. that had not been farmed for over two (2) years. b) Eastern boundary showing the residential house adjacent to the property. c) View of the property from the road. • Mr. Butler then described a scale model to the Commission as a proposal that would upgrade the area with thirty -four (34) lots, each having its individual well and septic system. Mr. Butler stated that Mr. Kane, Soil Scientist, had told him the land is unsuit- able for farming. Mr. Butler continued that the proposal is for low to middle- income housing. He further stated that,the preliminary plat is what the final layout will be with very small road frontage to avoid alley -type development, and 45,000 square feet as the average lot size. Mr. Berg stated that, even though reports indicate the soil to be good, they do not indicate that the sewage effluent will have to be pumped which would be an additional cost to the individual lot purchasers. Mr. Rosenberger expressed his concern for the lot size and cost to the lot • purchasers to pump sewage effluent. Mr. Berg quoted an excerpt of letter to Mr. Leon Zeiger dated February 26, 1976 from the Frederick - Winchester Health Department: C� r (PC 06/02/76) P. 9 "In view of the number of houses on lots of this size, the concentration of sewage in the developed area will be great, if• septic tanks and drainfields are used as a means of waste disposal. This concentration of sewage could also affect the • ground water supplies, if individual wells are used as the supply source. In view of these considerations, this office requests that you employ the services of a prof- essional engineer, and pursue the possibilities of installing a central water and sewer system to serve your proposed development. If you are unable to install central water and sewer systems to serve this proposed development, then as our staff is limited, it would be necessary for you to submit more information for our consideration. First of all, a much more detailed map of the property, using the information supplied by your soil scientist and a surveyor will be necessary. This map would also include boundaries of soil types (with profiles), alluvial and colluvial areas, streams and drainageways, degree of slope, contours, rock outcrops, and depth of bedrock if applicable. A primary and alternate drainfield site should also be located on each lot, by the soil scientist. Also, proposed well locations are to be noted for our information and consideration." /s/ E. D. Millar, Sanitarian Supervisor and H. L. Sluder, R.S., Sanitarian. Mr. Butler rebutted that it was his understanding that three (3) to four (4) houses might have to pump effluent for which the builder would have to stand the cost; that the developer would be happy to make a cul -de -sac of the road into'.adjoining land; and that he had not been privy to staff comments prior to today. Mr. John F. Kane, Soil Scientist, appeared before the Commission and stated that is suitable; and described the soil. Mr. Bruce Edens, P.E., in reply to Mr. Brumback, stated that he didn't know what the consumption would be, but he doubted it would justify central water system rather than individual wells for the number of lots proposed. The Chairman asked Mr. Leon B. Zeiger if it would be economically feasible to enlarge the lot sizes. Mr. Leon B. Zeiger stated that they were held to a ceiling by the Farmer's Home Administration, and that by averaging less than one acre per lot, they would put in a street. He emphasized that they could give no more. Mr. Brumback opined that the lots should either be larger or have central water and sewer. • Mr. DeHaven opined that the wells may cause more future problems than septic tanks. Mr. Rosenberger stated that he was in favor of larger -sized lots. each lot had been staked for septic field locations; he had thoroughly examined the • area with approximately ten (10) to fifteen (15) test borings per lot; that the area is suitable; and described the soil. Mr. Bruce Edens, P.E., in reply to Mr. Brumback, stated that he didn't know what the consumption would be, but he doubted it would justify central water system rather than individual wells for the number of lots proposed. The Chairman asked Mr. Leon B. Zeiger if it would be economically feasible to enlarge the lot sizes. Mr. Leon B. Zeiger stated that they were held to a ceiling by the Farmer's Home Administration, and that by averaging less than one acre per lot, they would put in a street. He emphasized that they could give no more. Mr. Brumback opined that the lots should either be larger or have central water and sewer. • Mr. DeHaven opined that the wells may cause more future problems than septic tanks. Mr. Rosenberger stated that he was in favor of larger -sized lots. I (PC 06/02/76) P. 10 Upon motion made by Manuel DeHaven, seconded by James Golladay, Jr. and approved by the following vote: DeHaven; Golladay, Jr.; Venskoske; ® Rosenberger; Brumback - YES, Williams - ABSTAIN: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby recommend denial to the Board of Supervisors of the Zoning Map Amendment Petition No. 009 -76 of Edwin G. and Phyllis S. Simmons (Leon B. Zeiger, contract purchaser) as described due to lot size and large amount of'wells concentrated in a small area. Evening Planning Commission Meetings Discussed Mr. Golladay suggested the Commission consider the possibility of rescheduling to evening meetings to accommodate more people. The Chairman directed the secretary to place this item on a Work Session agenda. Planning Commission Resignations (2 members) Mr. Thomas B. Rosenberger stated that this session was to be his last as liaison member for the Board of Supervisors. He said that he felt the Commission has a tre- mendous responsibility in the county's future. He also said that the Commission's decisions do guide the county; that the Commission is overworked and underpaid; and that he would recommend further compensation for the Commission at the next budget consideration. He further stated that he felt large rezoning requests should be carefully considered while exceptions should be made in small individual cases. The Chairman stated that the Commission was sorry to lose Mr. Rosenberger, but that it fully understood his position. He said that the time Mr. Rosenberger had spent on the Commission was appreciated and it would welcome any future comments or contributions. The Chairman directed the secretary to send Mr. Rosenberger a letter of appre- ciation on its behalf. The Chairman read the following letter of June 1, 1976 from Mr. Ke;fh Williams "It is with regrets and many mixed - memories that'I am obliged to submit my resigna- tion as a member of the Frederick County Planning Commission, effective July 1, 1976, ® when I shall cease to be a resident of the County and Shawnee Magisterial,District. Since 1970 the job has been both challenging and frustrating, but always rewarding, and I feel privileged to have served the County with so many exemplary colleagues. I wish the best to the continued success of this Commission and, where I may help, I shall be happy to. Wish warmest regards, Keith Williams" _ (PC 06/02/76) P. 11 The Chairman thanked Mr. Williams for his hard work and directed the secretary to • send Mr. Williams a letter of thanks for his concerns and input over the last few years. Loan Preapplication ($40,000) by North Mountain Vol.:Vire Co., Inc. for real estate refinancing. Action - In Accordance with County Planning is Mr. Berg stated that the request is addressed to Farmer =s Home Administration in the amount of $40,000 by North Mountain Volunteer Fire Company, Inc. Upon motion made by Thomas B. Rosenberger, seconded by Frank Brumback and approved by the following vote: Williams; DeHaven; Golladay, Jr.; Venskoske; Rosenberger; Brumback - YES: BE IT RESOLVED, That the Planning Commission for the County of Frederick, Virginia does hereby find in accordance with county planning the loan preapplication by North Mountain Volunteer Fire Company, Inc. in the amount of $40,000. BE IT FURTHER RESOLVED, That the Planning Commission for the County of Frederick, Virginia does recommend approval to the Lord Fairfax Planning District Commission of said loan preapplication. Senseny Road width and speed limit discussed. Mr. Williams asked the Commission for suggestions of procedure, etc., toward the goal of road width improvement and reduction of speed limit commensurate with the local school. He also mentioned the fact that Mr. King (Highway Department) had told him there had been no recent fatalities there, and that he had not yet approached the School Board. Mr. Rosenberger suggested traffic control study as a possible beginning to a solution,if requested by the School Board The Chairman stated the Commission is of the consensus of opinion that Mr. Rosenberger follow through with this problem with the Board of Supervisors. o ADJOURNMENT • Upon motion made by Elmer Venskoske, seconded by James Golladay, Jr. and approved unanimously, BE IT RESOLVED, That the Planning Commissionfor 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. I i (PC 06/02/76) P. 12 Respectfully Submitted, H. Ronald Berg, Secretary C. Langdo Gordon, Chairman • • �C