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