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PC_02-08-74_Meeting_Minutesl MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors' Room, February 8, 1974 ' PRESENT: Keith Williams, Vice - Chairman; Manuel C. DeHaven; C. Langdon Gordon; Richard F. Madigan; R. Wesley Williams; Maurice W. Perry; Elmer Venskoske; H. Ronald Berg; J. William Riley; and Clinton Ritter, Jr. ABSENT : James W. Golladay, Sr., Chairman. Due to the illness of Mr. Golladay and the absence of Mr. K. Williams, Vice - Chairman, • Upon motion made by Maurice W. Perry and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby elect Richard F. Madigan temporary Chairman until the arrival of Keith Williams. The above motion was passed unanimously. W 0 R K S E S S I O N The Chairman called the Meeting to Order and announced that the first order of business was the discussion of a zoning district for Labor Camps. Mr. Madigan read a letter from the Frederick County Fruit Growers' Association, Inc. requesting a zoning district • for Labor Camps (Attached). With the arrival of Keith Williams, Mr. Madigan turned the Chair over to the Vice - Chairman. J \ J e Mr. Robert Russell appeared before the Commission and stated the problem was to properly rezone approximately fivej(5) acres on Route 522 North for labor camps which is presently zoned Business, General (B -2) and Residential, General (R -3). After a short discussion, it was agreed by the Members of the Planning Commission that labor camps would be allowed in A -1 districts with a Conditional Use Permit and that it was to follow the guidelines set by the Government. ERASURE OF TAPES The Chairman announced that the next order of business was the discussion of a motion to erase the tapes used to record the Meetings after the Minutes were typed and approved. Upon motion made by Manuel DeHaven and seconded by • Maurice Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby approve the erasure of all tapes used to record Planning Commission Meetings after the Minutes have been typed and approved. The above motion was unanimously passed. LAND PROGRAM - YEAR 2000 The Chairman announced that the next order of business was the discussion of the Lord Fairfax Planning District Commission Land Program for the Year 2000. Mr. R. Berg stated that the Commission had submitted a Plan and that the only objections he had was the housing section. He stated that no provisions for housing had been made for the • future. After a short discussion, it was decided that the Page 2 I I' Planning Commission would make no recommendation until the Members • had had a chance to review the plan. KWICK KLEAN REFUSE SITE PLAN RECOMMENDED APPROVAL Mr. Jim Wilson submitted a Site Plan to the Commission to erect a building for the storage and maintenance of his trucks used for Kwick Klean Refuse. A short discussion followed in which the exact location of the proposed site was established. Upon motion made by Richard Madigan and seconded by C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this Site Plan to the Board of Supervisors. • The above motion was passed unanimously by roll call vote. QUAIL MEADOW CAMPGROUND TABLED This campground is located of Route 670 and will con- tain 86 campsites. However, the campsites will be located in West Virginia and due to the unusual circumstances of this Con- ditional Use Permit, the following motion was made, Upon motion made by Richard Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That,�the Planning Commission of Frederick County does hereby table this application until the next meeting. • The above motion was unanimously passed by roll call vote. Page 3 I C6 MINUTES - APPROVED J Upon motion made by Manuel DeHaven and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby approve the Minutes of December 6, 1973 and January 3, 1974 as written. The above motion was passed unanimously. S U B D I V I S I O N S MANUEL SUBDIVISION DEFERRED FOR FURTHER RECOMMENDATIONS This is a Preliminary Plat and is located on Route 625 between Stephens City and Middletown. This subdivision will con- tain 19 lots. Staff Comments: Drainage is adequate Meets zoning and subdivision ordinances Highway access is adequate All lot sizes are adequate Mr. R. Berg stated that there had been a few comments concerning this subdivision's location and it was suggested that the Commission might want to refer this plat to Stephens City and Middletown before taking any action. Upon motion made by Richard Madigan and seconded by 0 Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby refer this subdivision to Stephens City and Middletown for their comments before taking action. The above motion was unanimously passed by roll call • vote. Page 4 ORRICK CEMETERY, INC. RECOMMENDED APPROVAL This cemetery is located approximately at the inter- section of Routes 656 and 657 behind Cleveland's Market. This Conditional Use Permit was requested to operate a cemetery on approximately 35 acres. A short discussion followed in which Mr. R. Berg stated that Orrick Cemetery, Inc. had owned the land since 1967 with the intention of establishing a cemetery. The Commission decided that the following conditions should be included on the Conditional Use Permit: 1. It should be landscaped properly. 2. The grass is to be mowed. • 3. No animals to be allowed to graze in the area. 4. A Site Plan should be submitted. EXECUTIVE SESSION Upon motion made by Richard Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby move into Executive Session to discuss a legal matter. The above motion was unanimously passed by roll call vote. EXECUTIVE SESSION ADJOURNMENT Upon motion made by Richard Madigan and seconded by • Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby adjourn from Executive Session. Page 5 The above motion was passed unanimously. ® REGULAR SESSION Upon motion made by Richard Madigan and seconded by C. Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby reconvene into Regular Session. The above motion was unanimously passed. APPROVAL OF CEMETERY Upon motion made by Richard Madigan and seconded by Maurice Perry, BE IT RESOLVED,- That.-the Planning Commission of Frederick County does hereby recommend approval of the Con - ditional Use Permit for Orrick Cemetery to the Board of Super- visors with no recommendation and in the interim that our Staff • come up with guidelines for the Board in granting such permit. The above motion was passed unanimously by roll call vote. P U B L I C H E A R I N G JOSEPH CHESHIRE RECOMMENDED APPROVAL The Secretary read the application of Joseph Cheshire to rezone 13.70 acres located on Route 50 East approximately three (3) miles East of Winchester City Limits. This application is made for displaying - selling -- constructing pre -cut homes. Mr. Cheshire appeared before the Commission on his own behalf. He stated that there would be three (3) sample houses on • the site itself. He added that these houses would be set upon blocks and would not be liveable. Page 6 A m No one appeared in opposition. Upon motion made by Maurice Perry and seconded by Richard Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to the Board of Supervisors the Cheshire Rezoning. The above motion was passed with Mr. Gordon, Mr. DeHaven, Mr. Madigan and Mr. Perry voting in favor of the motion and Mr. Venskoske voting against the motion. RAY 0. SHENK RECOMMENDED APPROVAL The Secretary read the application of Ray 0. Shenk to rezone 0.72 acres located North of Winchester on Route 11 North (Loudoun Street Extended). This application is made•to con- 0 struct an office building and off - street parking. Mr. Joseph A. Massie, attorney for Mr. Shenk, appeared before the Commission in favor of the application. Mr. Massie stated that the land had been used for a Used Car Lot (a nonconforming use). He added that there was a trailer on the property in question now. Mr. Massie further added that it would be a year or more before any buildings would be constructed. He continued that there would be not more than eight (8) employees on the property. Mr. Madigan asked what type of offices would be built. Mr. Massie stated that it would be the BANK OF VIRGINIA. No one appeared in opposition. Upon motion made by Richard F. Madigan and seconded • by Manuel DeHaven, Page 7 ,;2C BE IT RESOLVED, That the Planning Commission of ® Frederick County does hereby recommend approval to the Board of Supervisors the rezoning of 0.72 acres, more or less, of Ray Oswell Shenk property from R -1 to B -2. The above motion was unanimously passed by roll call vote. AMENDMENT TO ZONING MAP 522 NORTH - SUNNYSIDE Mr. Berg stated that the land in question is located on Route 522 North in Sunnyside starting at Foremen_ Drive and extending to Darlington Drive and consisting of approximately 19.2 acres. Mr. Berg showed the exact location to the Members of the Commission changing the area from B -2 to R -3. ® Upon motion made by Richard Madigan and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to the Board of Supervisors the changing of the Zoning Map to R -3. The above motion was unanimously passed by roll call vote. FOLTZ - AIR FREIGHT RECOMMENDED DENIAL Mr. Berg read the application of Louis H. Foltz re- questing that approximately 9 acres of land located on Route 50 East and beside Town and Country Department Store be rezoned from Business to Industrial. Mr. Ben Butler, attorney for Mr. Foltz, appeared before the Commission in favor of the application. Mr. Butler presented a resume to the Members which explainedthe types of current operations A going on now. • Sides were also presented to the Commission showing the property in question and elaborated on the proposed expansion. MR. SHIRLEY CARTER APPEARED IN OPPOSITION Mr. Carter submitted a petition with 182 signatures from landowners and citizens in opposition to the rezoning to the Planning Commission. Mr. Butler stated that he objected to the petition be- cause it was just a "general objection" the the area being rezoned. He added that it was his understanding that this petition had been circulated, in objection to Waste Reduction and not to Air Freight. Mr. Madigan stated that this petition was very broad • and asked Mr. Carter if he had explained to the people exactly what was being objected to. Mr. Carter stated that he did explain to the people what the petition was for. He added that they objected to the M -2 zoning coming into their community. He further stated that they were objecting because they had their homes there and did not want to be driven out by "undesireable" business. Mr. Leo Smith, a resident of College Park Subdivision, stated that when he signed the petition that it was with the under- standing that he was objecting to the refuse recycling operation. Mr. Charles Seleckie appeared before the Commission and expressed his views on the rezoning. Upon motion made by Richard Madigan and seconded by Elmer Venskoske, Page 9 BE IT RESOLVED, That the Planning Commission of • Frederick County does hereby recommend denial of this rezoning to M -2 to the Board of Supervisors. The above motion was passed with Mr. Venskoske, Mr. Gordon, Mr. DeHaven and Mr. Madigan all voting in favor of the motion; and with Mr. Perry abstaining. FOLTZ - REFUSE RECYCLING OPERATION RECOMMENDED DENIAL The Secretary read the application of Louis H. Foltz requesting to rezone approximately 9 acres located on Route 50 East beside Town and Country Department Store to construct a Refuse Recycling Operation in an M -2 zoning district. Mr. Ben Butler, attorney for the applicant, appeared before the Commission. He stated that the operation was to be • a resource recovery factory. Mr. Bill Woody appeared before the Commission and pre- sented a contract from Shockey's to construct Mr. Foltz's opera- tion should the rezoning go through. He explained what the building would be made of and how it would be constructed. Mr. Butler again presented slides to the Commission showing the location of the proposed recycling operation. Mr. Jimmy Jordon came before the Commission and presented the projected tax.figures should the rezoning go through and a building permit was issued. MR. SHIRLEY CARTER APPEARED IN OPPOSITION Mr. Carter stated that should the plan be allowed with • conditions placed on it, he and the residents were afraid that the conditions would not be adhered to. Page 10 Mr. Carter stated that they were opposition this location • for a refuse recycling plant because of the possibility of other "undesireable" businesses coming into the area. He further stated that if this industrial zone was granted, that it would not help the citizen's problem, but would only make it worse. Mr. Carter added that they were afraid of this rezoning because of the possibility of future rezonings. Mr. Norris appeared before the Commission and stated his views on the traffic and noise problem should the application be granted. Mr. Willie Artrip appeared before the Commission and stated that he went along with Mr. Carter and Mr. Norris in opposing this operation. . Ms. Courtney Bragg appeared before the Commission and stated her views in favor of the rezoning. Upon motion made by Manuel DeHaven and seconded by Elmer Venskoske, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of this rezoning to M -2 to the Board of Supervisors. The above motion was passed with Mr. Venskoske, Mr. Gordon, and Mr. DeHaven voting in favor of the motion; and with Mr. Madigan and Mr. Perry abstaining. OMPS CONDITIONAL USE PERMIT RECOMMENDED APPROVAL The Secretary read the application of Charles Omps for an extension to an existing service station of 20 x 30 feet • to be used as storage area. Page 11 Upon motion made by Elmer Venskoske and seconded by • Maurice Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this Con- ditional Use Permit to the Board of Supervisors. The above motion was passed unanimously. r RUSSELL CONDITIONAL USE PERMIT RECOMMENDED APPROVAL The Secretary read the application of Glenn Russell for a mobile home court located in Stonewall Magisterial District on Route 667. It contains 21 acres and he is applying for two (2) spaces. This land is zoned properly and Mr. Russell has obtained the necessary health approval. Upon motion made by Manuel DeHaven and seconded by C. is Langdon Gordon, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to the Board of Supervisors this Conditional Use Permit. The above motion was passed unanimously. ADJOURNMENT Upon motion made by Maurice Perry and seconded by Richard Madigan, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby adjourn. The above motion was unanimously passed. Respectfully submitted, • H. Ronald Berg, Secreta Ch James W, Gol aday, r. airman Page 12 • rebruesy.5, 1974 TO: Frederick County Planning Commission FROM: Frederic'r. County 'Fruit vror:ers' Association, Inc. HEJECT:, Rezoning for building application I The Frederick County Fruit Growers' Association, Inc. requests that the Planning Commission zone a tract of land on Fairmont Avenue for housing P or agricultural labor. This tract of land adjoins the present labor camp located in the City of Winchester. The present .zoning on this property is B - 2and R — 3,.and the zoning ordinance does not mention labor camps. The Association purchased this property containing 27.84 acres from J. B. Chamberlain in 1958 as a site for future expansion and as a buffer zone. We request proper ,zoning of approximately five acres of this property adjacent to the present labor.camp We would like to give you some background information about the present camp and our future needs. The purpose of the Frederick County Fruit Growers' Association is to secure, to house, and to provide .administration of labor to harvest fruit for growers in Frederick and Clarke Counties. The present camp on Fairmont Avenue is divided into housing for American migrant labor and for foreign labor. The American migrant works in crews, with a crew leader responsible for, each crew. Most crews consist of both families and individuals. The foreign workers are.all individual men from the British West Indies. Therefore the camp must provide meals and super- vision for each.foreign worker. We have pictures of the present camp. As you can see, the buildings are all of masonry block construction. 0 -2- in addition tc the workers housed at the Winchester camp, a number of foreign workers are housed in grower owned camps; but none in Frederick County. The administrative paper work is done at the office in Winchester. The reason more housing is needed is because a Federal law requiring a minimum of 40 square feet per man in dormitories was enforced in 1973• We had planned to house 750 foreign workers at the camp but were allowed to house only 545 men. We had planned to house approximately 270 foreign workers in grower owned housing. After we were allowed to house only 545 workers at the Winchester camp, we utilized all available grower housing (352 men for a total of 897 workers) and appliea'a 15 percent reduction to all requests for foreign labor. 'The weather during the 1973 harvest season was excellent (we only lost two full days to rain) and most growers harvested considerably less .0 bushels than they had estimated. This apple harvest was completed satisfactorily but we cannot count on these factors in 1974. There are three sources of labor for apple harvest in this area. Local labor harvests part of the crop but has declined in numbers each year. You gentlemen are aware of the shortage of labor here. The second source of labor is American migrant crews, most of whom come.from the state of Florida. Each year the number of crews and workers has declined. In 1971 we housed a total of 389 migrant workers who picked 407,776 bushels of apples. In.1972 a total of 277 migrants picked 378,823' bushels and in 1973, 229 migrants picked 277,685 bushels. The third source of labor is foreign workers from the British West Indies. No. foreign workers can be brought here until all available American workers have been recruited. 'therefore the American side of the 9 -3- camp must be kept available for any workers who might arrive at any time. This is a Federal requirement before foreign labor can be used. We plan to erect buildings on this tract, each building to be 40 feet by 160 feet and will provide sleeping areas, toilets and wash rooms for 98 men in each building. The present law requires that a]-! new buildings have a minimum of 50 square feet of space per man. There is nu space available on the site of the present camp for construction of necessary buildings, except for some land that would be extremely expensive because of rock and terrain. By lo cating these buildings on the proposed < site, the present mess hall, recreation rcom, medical clinic, office and < Vs torage area will serve this new addition. We are not increasing the number " of spaces for workers over prior years, but are creating more space for the same number of workers. a We are planning to erect metal buildings because of improved appear- ance and less maintenance costs. We have plans for these buildings and pictures of a similar building erected in Berkeley County, West Virginia. ' The supply of harvest labor is vital to the apple industry which is the basic industry of Frederick County. Last year workers supplied by the Fruit Growers' Association harvested a total of 3,997,228 bushels of apples: At a price of $3.00 per bushel for freshley harvested apples, the total value was 12 million dollars. Using a multiplication factor of $7.00 for every dollar of raw product, the total dollar value to our area for the 1973 harvest would be 7 A 84 million dollars. Therefore you gentlemen can see the vital need of this project.