HomeMy WebLinkAboutPC_02-18-04_Meeting_MinutesMEETING MINUTES
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OF THE
FREDERICK COUNTY PLANNING COMMISSION
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Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on February 18, 2004.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice
Chairman/Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie
F. Straub, Red Bud District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; John
H. Light, Stonewall District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District;
Richard C. Ours, Opequon District; Gene E. Fisher, Citizen at Large; Barbara E. Van Osten, Board of
Supervisors' Liaison; Gary Dove, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel.
ABSENT: William C. Rosenberry, Shawnee District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning
Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Mark R. Cheran, Planner I; Jeremy F.
Camp, Planner II; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
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MINUTES - JANUARY 21, 2004
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
minutes of January 21, 2004 were unanimously approved as presented.
Frederick County Planning Commission
Minutes of February 18, 2004
Page 1251
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COMMITTEE REPORTS
Historic Resources Advisory Board (HRAB) - 02/17/04 Mtg.
Commissioner Gochenour reported that the HRAB received a presentation from Architectural
Historian, Maral Kalbian, on the Secretary ofthe Interior's Standards for the Treatment of Historic Properties
Commissioner Gochenour said that a hard copy of the presentation was provided to each member so that
important material covered could be studied and used at a later time for reference. She said that over the next
several months, the HRAB will continue to receive training to become more knowledgeable regarding the
proper procedure to follow when reviewing and making recommendations involving Frederick County's
historical sites and buildings.
Winchester City Planning Commission (WPC) - 02/17/04 Mtg.
Commissioner Ours reported that the WPC recommended the approval ofthree lots on Valley
Avenue which will be the precursor to the new business park that is being developed in the City. Commissioner
Ours reported that this new development will entail road work and the creation of some new roads. He said
that several businesses have already indicated their intentions to locate within the business park, including an
Arby's and a BB &T.
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PUBLIC HEARING
Conditional Use Permit #01 -04 of Susie C. Yost for re- establishing a legal nonconforming use for an
antique and collectible shop at 9263 North FrederickPike. This property is identified with P.I.N. 6 -A -77
in the Gainesboro Magisterial District.
Action - Recommended Approval with Conditions
Planner Mark R. Cheran reported that the property is subject to Conditional Use Permit #14-
01 approved by the Board of Supervisors on October 24, 2001 to re- establish a legal nonconforming use for
a country store with a 24 -seat restaurant. Planner Cheran stated that Mrs. Susie C. Yost is seeking to operate
an antique shop at this location and has requested a new conditional use permit. Mr. Cheran advised that the
new proposed use for an antique shop will impose less of an impact on the surrounding community than a
country store with a restaurant. He added that no exterior alterations or changes to the property or building
are being proposed.
Planner Cheran continued, stating that an inspection of the property revealed that the parking
area is not delineated by striping or wheel stops. He said that the Frederick County Zoning Ordinance requires
that parking areas outside of the UDA (Urban Development Area) and the SW SA (Sewer and Water Service
Area) are to have a minimum of double prime and seal treatment of all parking areas with striping and wheel
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Frederick County Planning Commission
Minutes of February 18, 2004 Page 1252
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stops. He said that VDOT has pointed out that the northernmost entrance does not meet minimum standards
for sight distance due to topography. He said that VDOT has also indicated a preference for use of the
• Cumberland Trail Road (Rt. 694) for ingress and egress from the site. Planner Cheran next read a list of
recommended conditions, should the Commission find the use to be appropriate.
Questions from the Commission included a request for clarification on the timing for the
upgrades per VDOT's comments and how direct access of the site via Route 522 would be prohibited. Planner
Cheran replied that these issues would be addressed during the site plan approval process.
The applicant, Mrs. Susie C. Yost, stated that she owns the property next door. Mrs. Yost
said she did not want to see the building deteriorate and hoped this use would help to preserve the building.
Chairman DeHaven asked Mrs. Yost if she would be able to address VDOT's comments concerning the
commercial entrance requirement and access via Rt.694. Mrs. Yost believed she could meet VDOT's
requirements.
There were no public comments.
Commissioners believed this would be a good use for this particular building in the Gainesboro
area.
Upon motion made by Commissioner Kriz and seconded by Commissioner Straub,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #01 -04 of Susie C. Yost to re- establish a legal nonconforming use as an
antique and collectible shop at 9263 North Frederick Pike with the following conditions:
• 1. All review agency comments and requirements must be complied with at all times.
2. An engineered site plan shall be submitted to and approved by Frederick County. All identified
improvements shall be installed within six months of conditional use permit approval.
3. Signage shall be limited to one illuminated free - standing business sign, not to exceed 50 square feet
in area and ten feet in height, along the frontage of North Frederick Pike (Rt. 522).
4. Any change of use or modification will require a new conditional use permit application.
PUBLIC MEETING
Site Plan #02 -04 of Shenandoah Mobile Court, prepared by Greenway engineering, for 17 mobile homes
and a request to expand the existing private street system. The property is located on the east side of
Front Royal Pike (Rt. 522 South), approximately 1,000 feet south of the intersection of FrontRoyal Pike
and Papermill Road (Rt. 644), and is identified by P.I.N. 76 -A -1 in the Shawnee Magisterial District.
Action - Approval of Private Road System Extension
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Frederick County Planning Commission
Minutes of February 18, 2004 Page 1253
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Planner Jeremy F. Camp recalled for the Commission that a rezoning of approximately seven
acres to the NMI Zoning District was approved lastyear for up to 20 mobile homes in the Shenandoah Mobile
® Court. Planner Camp said this rezoning was approved with the intent to relocate a number of mobile homes
that are being displaced with the new major collector road, which is being constructed in conjunction with the
new Frederick County Middle School. He explained that the owner of Shenandoah Mobile Court is now
seeking site plan approval for the seven acres, which includes a request to expand the existing private street
system as shown on the site plan. Planner Camp said that the site plan is being presented to the Commission
for review because the zoning ordinance requires that the Planning Commission approve the extension of any
private streets within an MH 1 Zoning District. Using an overhead display, Planner Camp pointed out the
details of the site for the Commission. He said that following the Planning Commission's meeting, staff will
coordinate with the applicant the issues that need to be addressed in order to grant final administrative
approval.
Commissioner Morris inquired about buffering or landscaping requirements for the areas to
the east and west sides of the strip and if those requirements would be different if the adjoining lands were
zoned RP as opposed to RA. Planner Camp replied that there was no required zoning ordinance buffer at this
location, whether the adjoining lands were zoned RP or RA. He pointed out areas that would accommodate
street trees.
In response to Commissioner Gochenour's questions regarding the sewer and water lines,
Planner Camp replied that the applicant will be accessing existing sewer and water lines owned by the
Frederick County Sanitation Authority.
Commissioner Straub inquired if screening was proposed between the mobile homes and the
collector road from Rt. 522 to the Middle School. Planner Camp replied that there will be a road efficiency
• buffer, which is a standard ordinance requirement, alongthe collector road between themobile homes and the
road itself.
Chairman DeHaven called for public comments, however, no one came forward to speak.
Commission members were comfortable with what was proposed on the site plan.
Upon motion made by Commissioner Morris and seconded by Commissioner Fisher, the
Planning Commission unanimously voted to approve the extension of the private road system within the
Shenandoah Mobile Court, per the applicant's proposed site plan.
DISCUSSION REGARDING THE ADDITION OF MINOR SITE PLAN TO THE FREDERICK
COUNTY ZONING ORDINANCE
No Action Required
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Frederick County Planning Commission
Minutes of February 18, 2004 Page 1254
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Planner Mark R. Cheran stated that the Minor Site Plan concept was proposed when the new
development review fee schedule was approved by the Board of Supervisors on December 17, 2002. Following
• the initiation of the concept, the Development Review & Regulations Subcommittee (DRRS) discussed the
issue at their meeting of January 29, 2004 and recommended that a Minor Site Plan be included in the
definitions section of the ordinance, as well as to Section 165 -144E. Planner Cheran said that staff was seeking
input from the Commission on this discussion item.
Chairman DeHaven assumed there would no longer be an option for expansions without a site
plan, if the definition of Minor Site Plan was added to the ordinance and Planner Cheran noted that his
interpretation was correct.
Commissioner Morris inquired if a Minor Site Plan would need to be technically engineered.
Planner Cheran said that it would. Planner Cheran explained that in December of 2002, the Board approved
adding a Minor Site Plan to the development review fee schedule, however, the terminology was never
incorporated into the zoning ordinance. He added that the engineered site plan would still go through some of
the reviewing agencies, but there would be a reduced fee.
Planning Director En c R. Lawrence stated that although the requirement is for an engineered
site plan, the staff would continue to use their as to the expectations of the information included on
the site plan. For example, if VDOT would like to see a commercial entrance established for a business
requiring a conditional use permit, the minor site plan would show the entrance engineered to VDOT
requirements. Director Lawrence explained that the document would not be created solely as a Planning
Department requirement, but if other agencies that are requiring information, the Planning Department will
serve as the coordinator.
• The Planning Commission was in favor of the amendment as presented by the staff.
ADJOURNMENT
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 7:30 p.m.
Respectfully submitted�,�
DeHaven, Jr., Chairman
Eric lop Lawfence, Secretary
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Frederick County Planning Commission
Minutes of February 18, 2004 Page 1255