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PC_10-20-76_Meeting_MinutesF MINUTES OF THE MEETING [8) =Y;i� • FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room October 20, 1976 PRESENT: C. Langdon Gordon, Chairman; Frank Brumback, Vice Chairman; Manuel C. DeHaven; James Golladay, Jr.; George G. Snarr, Jr.; Elmer Venskoske; Thomas B. Rosenberger;R. Wesley Williams NONE ABSENT CALL TO ORDER The Chairman Called the Meeting to Order and proceeded to the First Order of Business. CONDITIONAL USE PERMITS CUP No. 071 / SITE PLAN No. 036 Phillip L. Williams to erect one (1) 35' X 60' storage building on five (5) acres (M -2). Located on the West side of Pennsylvania RR, 3/10 miles South of Route 37, Stonewall Magisterial District. Staff Recommendation 1. A chainlink fence, five (5) feet in height, along the eastern boundary to catch windblown debris. • 2. Preservation of the existing screen of trees along the eastern boundary. 3. Preservation of the existing trees along the northern boundary that is shared with Fruit Hill Orchards, Inc. and the iron works. 4. Expand, with additional trees, the northern boundary screen to a minimum of twenty -five feet (25') of width. 5. Observe a twenty -five foot (25') setback along the entire property's perimeter that will not be used for storage of material, structures, or parking. Action - Recommended Approval Per Above Conditions Mr. Ronald J. Brown (Harrison & Johnston) appeared before the Commission in the company of Messrs. Phillip L. and Steve Williams. He stated that it was his understanding that Mr. Phillip Williams had discussed the staff recommendation with Mr. Berg,-.and that Mr. Williams does not object to items two and three. He stated that his client concedes to the approximately seven feet (7') t6.,eight feet (8') of trees remaining on the northern boundary but the twenty -five foot (25') setback requirement would create difficulty with the present 147 Site Plan that places the truck exit side of the building sixty feet (60') from • this boundary which would not allow enough truck - turning room. He said that it 147 (PC 10/20/76) p 2 would necessitate moving the building South to allow one - hundred feet (100'). He also said that he believed that, with proper planning, approximately five feet (5') • to ten feet (10') of trees along this boundary would.provide adequate screening. He continued that he did not see that this proposal would be an imposition on neigh- hors to the North even in parking trailers up to the property line, which they were not asking for. He asked that his client not be required to expand the width of trees, but be allowed to plant a row of trees to provide a thick, high screening, such as pines and /or evergreens. Mr. Brown said that, in regard to the twenty -five foot (25') setback requirement for the eastern boundary along the railroad, there is a thirty -foot (30') right -of- way belonging to the railroad. He said that the southern boundary is shared with Southern Scrap (industrial use). He stated that, in regard to the seventy -five foot (75') setback requirement for the western boundary a sufficient growth of trees and greenery to a width of fif- teen to twenty feet (15' -20') would meet requirements so that trucks could be parked • up to the treeline -- didn't believe the Ordinance required a setback for parking of these trailers. He stated that Mr. Williams is willing to build a fence, but asking to not be restricted to a chainlink fence, rather be allowed to erect a fence with spaces of not more than three inches (3 ") square to prevent debris from blowing. He emphasized that his client's assets are limited while trying to establish a truck -part storage. Mr. Brown stressed that his client did not plan to move the noiseless, odorless, non - polluting paper recycling operation to the site at the present time because of the expense, but that he planned only to store truck parts along with two to three truck trailers and several trailers, and proposed no storage of anything other than metal in the building. The Frederick County Zoning Ordinance Section 13 -5 -2 was quoted and discussed in • relation to permanent structures versus stored vehicles along the southern boundary 148 Pr (PC 10/20/76) p 3 Mr. Berg conceded that twenty -five feet (25') of setback along the railroad is the least important of the requirements, that the present trees and a fence would • be sufficient for the eastern boundary He stated that he felt the twenty -five foot (25') requirement along the northern boundary is necessary. Mr. DeHaven stated that he had viewed the site and that he felt a chainlink fence is asking too much because of the expense, especially just for a building. Mr. Rosenberger expressed concern that this permit could eventually involve waste material. Opposition Mr. Michael L. Bryan (McKee and Butler) appeared representing, he said, Shockey Brothers and Fruit Hill Orchards, Inc. He stated that his clients would prefer placing of the most restrictive conditions on this proposal -- that they would be satisfied with the staff recommendations because they would provide the most adequate protection. Mr. Brumback opined that, because of prior problems and lack of good policing • system, the staff recommendations would be reasonable for all concerned, still allowing the applicant freedom of endeavor. Upon motion made by Thomas B. Rosenberger, seconded by Elmer Venskoske, and approved by the following vote: Snarr, Jr.; Golladay, Jr.; Venskoske; Brumback; Rosenberger; Chairman - YES, DeHaven - 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 the Conditional Use Permit No.! including the restrictions as recommended by the Staff and Site Plan No. 036 by Phillip L. Williams for said storage building, Stonewall Magisterial District. SUBDIVISIONS BROOKNEILL $ I (R -2) Back Creek 15 lots - Septic tank and well utilities. Health and Highway Departments approved. Off Route 621, near Stonebrook and Dav -Mar Village. $111 per lot Recreation Impact Fee recommended. Action - Recommended Approval Mr. Berg described the location and stated that each of the fifteen lots is two • acres or larger with septic tanks, drainfields and individual well. He said that 149 i (PC 10/20/76) p 4 the Health Department had approved each lot, and the Highway Department had approved the plan and the drainage easements. • Mr. Irvin F. Barb appeared before the Commission, and stated that any further land division would consist of five (5) or more acres per lot for the property located behind the proposal. He said that this proposal is the same as the application for rezoning (ZMAP No. 017 -76) of the 53 acres on this tract. He further stated that a 15 -acre common area of unbuildable stream basin (Opequon Lake Park) would be partially restored by way of dredging into five to six acres of lake. He stated that policing provisions had not yet been made, and that they would retain ownership of the 15 -acre common area. Mr. Williams stated that each lot had been individually evaluated and all fifteen are suitable for subsurface sewage systems. Upon motion made by GeorgeG. Snarr, Jr., seconded by Manuel C. DeHaven and approved by the following vote: Smarr, Jr.; DeHaven; Golladay, Jr.; Brumback; Rosenberger; Chairman - YES, Venskoske - 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 the said subdivision_application of BROOKNEILL Section I for fifteen (15) lots. MARVIN N. DOVE LOTS (R -2) Stonewall 2 lots - Utilities by Sanitation Authority. Health, Highway and Sanitation Authority approved. Fronting Route 659 (Valley Mill Road), be- tween the existing homes of Swanson and Wehrheim. $111 per lot Recreation Impact Fee recommended. Action - Recommended Mr. Berg described the location and stated that the proposal would be serviced by central water and sewer by the Sanitation Authority. He further stated that each lot is in excess of 22,000 square feet. Messrs. Marvin N. Dove and Ben Goerlich appeared before the Commission and stated ® that the lots contain no existing buildings. 150 i (PC 10/20/76) p 5 Upon motion made by Frank Brumback, seconded by James Golladay, Jr. and approved by the following vote: Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback; 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 said County of the said subdivision application of MARVIN N. DOVE LOTS for two (2) lots. MT. OLIVE CHURCH Parsonage Lots (A -1) Back Creek 2 lots - 27,098 square -foot lot with existing parsonage house to be kept, 63,934 square -foot lot to be sold to adjoining lot owner (Loring Nail), and no new dwellings are planned to be built. Health and Highway Departments approved. No Recreation Impact Fee is recommended. Action - Recommended Mr. Berg described the location. Mr. Rosenberger stated that he had thoroughly examined the situation. He said that the drainfield seems to work adequately; the most part of tract B is pretty swampy with a creek running through; and he saw no reason for denial of the appli- cation. Mrs. Luther Larrick appeared before the Commission and stated that she is a trustee of Mount Olive Church. She said that the church wishes to sell the land to pay back the $1500 that was borrowed to purchase a furnace for the parsonage. Upon motion made by Thomas B. Rosenberger, seconded by Frank Brumback and approved by the following vote: - Snarr, Jr.; DeHaven; Golladay, Jr.; Venskoske; Brumback 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 said County of the said subdivision application of MT. OLIVE CHURCH Parsonage Lots for two (2) lots. COMPREHENSIVE PLAN - LAND USE CHAPTER Adopted October,13, 1976 Messrs. Brumback and Venskoske expressed their appreciation to the Board of Super- visors for their support of the Land Use Plan. COMPREHENSIVE PLAN -'RECREATION PLAN ,,.HOUSING_: &;TRANSP,ORTATION COMPONENTS Mr. Berg stated that he had received the Transportation Component of the Compre- hensive Plan which he had returned for revisions to the Lord Fairfax Planning District • Commission. He said that it might be available for the next Work Session of the Plan- ning Commission. He also said that he felt the Recreation Plan would soon be available 151 ' (PC 10/20/76) p 6 and that he was beginning work on the Housing Component. ADJOURNMENT • Upon motion made by Elmer Venskoske, seconded by Frank Brumback 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 r C. Langdon Gordon, Chairman 152