Loading...
HomeMy WebLinkAboutPC_07-21-04_Meeting_MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on July 21, 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; George J. Kriz, Gainesboro District; Mane F. Straub, Red Bud District; William C. Rosenberry, Shawnee District; Charles E. Triplett, Gainesboro District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Robert A. Morris, Shawnee District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Jeremy F. Camp, Planner II, Mark R. Cheran, Planner I; and Renee S. Arlotta, Clerk. is CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES- NNE 2, 2004 AND NNE 16, 2004 Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of June 2, 2004 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of June 16, 2004 were unanimously approved as presented. • Frederick County Planning Commission Minutes of July 21, 2004 Page 1343 -2- • COMMITTEE REPORTS Historic Resources Advisory Board (HRAB) - 07/20/04 Commissioner Gochenour reported that the HRAB received an overview of information from the HRAB training and began work on establishing their new by -laws. Commissioner Gochenour also remarked how fortunate Frederick County and the HRAB was to have the excellent support from both Maral Kalbian, Historic Consultant, and Candice Mills of the Planning Department. Sanitation Authority Commissioner Fisher stated that the Engineer/Director, Wellington Jones, reported that they are going to bid with the Route 50 West Water and Sewer Project. PUBLIC HEARING • Rezoning 07 -04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., a division of Patton, Harris & Rust, Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District to accommodate general commercial land uses. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Rt. 11 North), surrounded to the east and south by Clearbrook Park, and is identified with P.I.N. 33-A -162 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Planner Mark R. Cheran read the background information andthe review agencies' comments. Planner Cheran stated that the subject parcel is located within the Sewer and Water Service Area (SWSA) and the request generally conforms with the applicable policies of the Northeast Land Use Plan (NELUP). Planner Cheran said that the Traffic Impact Analysis (TIA) for this project concludes that the impacts generated by this development will result in overall Level of Service (LOS) Category "C" conditions or better on study area roads during peak traffic periods at project build -out (2006). A critical exception to this overall condition is the continued existence of LOS Category "E" peak hour conditions at the intersection of Hopewell Road and Martinsburg Pike. The TIA indicates that the future signalization of this intersection will improve conditions to the desired LOS "C." Planner Cheran noted that the subject rezoning proposal does not provide, either in whole or in part, for the necessary signalization of the intersection of Hopewell Road and Martinsburg Pike. Planner Cheran next reviewed the proffers offered by the applicant, which included a Generalized Development Plan, a monetary contribution to offset the impact of the development, a list of prohibited uses on the site, and several site improvements including a single entrance onto Martinsburg Pike. • Frederick County Planning Commission Minutes of July 21, 2004 Page 1344 -3- is Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., a division of Patton, Harris & Rust Associates, PC, came forward to represent the property owner, Mr. William H. Lawrence, 111. Mr. Maddox said that this site has been in commercial and industrial use over the last century for the woolen mill and for sales. Mr. Maddox stated that VDOT has commented on the TL4 and one of their recommendations was to reduce the number of entrances on the site from two to one. Mr. Maddox said that the owner has agreed to the one entrance and this is included in the proffer. In addition, Mr. Maddox said they have met with the adjacent church to the north ( Clearbrook Presbyterian Church) and representatives of the church are pleased with the proposal; he said the church has provided a letter indicating their desire not to see screening between this site and the church. Mr. Maddox further added that Mr. Lawrence provided a 20 -foot water main easement to the Sanitation Authority and vegetation can not be planted within this strip. Commissioner Gochencur expressed her concern that there may not be adequate personnel at the Clearbrook Fire & Rescue facility for adequate coverage of this area. Mr. Maddox replied that the Department of Emergency Services had been consulted and their comments were included within the agenda. He added that the site is adjacent to a 24 -inch water main, a 10 -inch main, and there are available hydrants for fire - fighting capability. Commissioner Light inquired if the entrance would be aligned with one of the existing entrances at the Old Stone Restaurant. Commissioner Light explained that when tractor- trailers pull out of the Old Stone Restaurant and proceed north towards I -81, there is a change of lane issue there and the entrance will probably need to go below that swing area for trucks. Mr. Maddox agreed with Commissioner Light's point and assured the Commission this issue would be addressed during the site plan stage. • Commissioners wanted to make sure that any intended use for this site would be sensitive to the adjacent church. They also recommended the use of shaded lighting in the parking areas. Referring to the SIC uses that were proffered out on Page One of Three of the applicant's proffer statement, Board Liaison Barbara Van Osten, asked Mr. Maddox why the four uses listed in the impact statement, golf driving ranges, self -service storage facilities, commercial batting cages, and adult retail uses were not included within the proffer statement. Mr. Maddox believed this was an oversight and assured the Commission that those uses would also be included with the listing in the proffer statement. Chairman DeHaven called for public comments, however, no one came forward to speak. Chairman DeHaven invited the VDOT representative forward to answer questions from the Commission. Commissioner Straub raised a concern about the traffic on Hopewell Road up to I -81. Mr. Lloyd Ingram of VDOT stated that since gasoline stations and truck stops were proffered out, VDOT looked at the next worst -case scenario, which did not seem to have the potential to produce a significant impact. In addition, he said that VDOT's ability to relocate the single entrance would allow them to maintain control of the traffic. Mr. Ingram concluded that considering the applicant's proffers, the intersection should be able to handle the additional traffic. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, • Frederick County Planning Commission Minutes of July 21, 2004 Page 1345 -4- • BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning 407 -04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., a division of Patton, Harris & Rust, Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District to accommodate general commercial land uses and with the proffers offered by the applicant. The majority vote was as follows: YES (TO APPROVE) Straub, Watt, Unger, Light, DeHaven, Thomas, Ours, Fisher, Kriz, Triplett, Rosenberry NO: Gochenour (Commissioner Morris was absent from the meeting.) Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the letter from Pastor C. Richard Slider, 11 ofthe Clear Brook Presbyterian Church was made a part of the official record by a unanimous vote. . The 2005 -2006 Update of the Secondary, Primary, and Interstate Road Improvement Plans. The Secondary, Primary, and Interstate Road Improvement Plans establish local priorities for improvements to the Secondary, Arterial, and Interstate Roads in Frederick County. Comments from the Planning Commission shall be forwarded to the Board of Supervisors. The priorities recommended by the Board of Supervisors shall be forwarded to the Commonwealth Transportation Board for funding consideration. Action - Recommended Approval Planner Jeremy F. Camp said that the three separate transportation plans before the Commission include the 2005 -2006 Secondary Road Improvement Plan, the 2005 -2006 Primary Road Improvement Plan, and the 2005 -2006 Interstate Road Improvement Plan. Planner Camp said that the Transportation Committee reviewed and recommended approval of the plans at their meeting of June 17, 2004. He noted that the most significant changes include the addition of Old Baltimore Road (Rt. 677) to the list of Hard Surface Road Improvement Projects, the re- rating of all unscheduled roads to be paved, the completion of Warrior Drive, and the paving of the first half of Adams Road. In addition, Planner Camp reported that the Transportation Committee recommended that a number of roads be added to the Rural Rustic Road Program. He explained that the Rural Rustic Program is an option which may be used which allows public roads on the Hard Surface Road Improvement Plan to be hard surfaced with lesser design standards and a lower cost. The only road in Frederick County which has been approved so far as a Rural Rustic Road is Adams Road (Rt. 689). Planner Camp said that the Board of Supervisors must pass a resolution of request, prior to VDOT placing a road into the Rural Rustic Road Program. Frederick County Planning Commission Minutes of July 21, 2004 Page 1346 -5- • Planner Camp further added that the Primary Road Improvement Plan was also modified upon recommendation by the Transportation Committee and the Route 37 Eastern Bypass had been added as the top priority, consistent with previous County plans before the bypass was removed. Thus, the prioritization of the 2005 -2006 Primary Road Improvement Plan places the first phase of the Route 37 Eastern Bypass as the top priority, followed by the first phase of Fairfax Pike. He said the recommended Interstate Road Improvement Plan had not changed from last year's plan; improvements to Exit 313 and 310 are still top priorities, followed by the planned widening of I -81. Commissioner Rosenberry expressed the need for Inverlee Way, Project #5 on the Major Road Improvement Plan, predicting that motorists will use Inverlee to cut through Oakdale Crossing and the Ravens from Senseny Road to Millwood Pike after the barricades in those developments are removed. Commissioner Rosenberry said that he was told the road couldn't be extended to Senseny because the land was not for sale. Planner Camp said that by placing this road on the plan, the County is recognizing the need for the road and it has been entered into the Revenue Sharing Program. Planning Director Eric R. Lawrence agreed that Inverlee Way has been identified in the County's Eastern Road Plan as the connection from Senseny to Route 50 and by placing it in the Major Road Improvement Plan, the County is placing it within the programming sequence. Director Lawrence also noted that this is a two million dollar project and while the money is being raised, the County will continue to work with property owners in that area to secure right -of -way. Commissioner Straub said that she attended the Community Consensus Coalition's (CCC) Transportation Forum with the Metropolitan Planning Organization (MPO); she asked for an explanation of how all of these transportation groups fit together. Director Lawrence explained that the Transportation Committee assembles the Primary, Secondary, and Interstate Road Plans and ultimately, those plans are • adopted by the Board of Supervisors. He said that the interstate and the primary road improvements are eligible for additional funding, but must be part of an MPO policy because of the County's population; the secondary road projects are still controlled solely by Frederick County and not by the MPO. Director Lawrence added that the three plans proposed this evening will proceed through the County's normal process and the Primary and Interstate will be passed along to the MPO for their consideration. He said that ultimately, to receive federal funding, the MPO must endorse the project. Commissioner Light commented that the road from White Hall (Rt. 67 1) down past the old Omdorff Butcher Shop needs widening. Commissioner Light said this is a very dangerous road and it needs shoulders, widening, and poles need to be moved. Commissioner Straub commented that the northern portion of Greenwood Road has been widened, however, the southern portion of that road does not align with the northern portion. She said that the traffic signals are convoluted and no one knows who has the green light. Commissioner Straub requested that if any improvements are made on Greenwood south, that an alignment be made with Greenwood north. Commissioner Thomas said he thought there were portions of Rt. 277, from I -81 towards US Rt. 522, that were high on the listing for the major road improvement projects. Commissioner Kriz pointed out that those sections had been included within the Primary Road Plan as #2, Rt. 277 east of Stephens City, and is broken apart into sections. Chairman DeHaven called for public comments, however, no one came forward to speak. • Frederick County Planning Commission Minutes of July 21, 2003 Page 1347 • Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 2005 -2006 Update of the Secondary, Primary, and Interstate Road Improvement Plans for Frederick County to establish local priorities for improvements to the Secondary, Arterial, and Interstate roads. Chairman DeHaven noted that the Planning Staff had also requested a recommendation on the inclusion of eight roads into the Rural Rustic Road Program. Mr. Ben Lineberry of VDOT came forward and referred the Planning Commission to the criteria for rural rustic roads included within the package. Mr. Lineberry read that, "the County Board of Supervisors will endeavor to limit growth on roads improved under this program." He explained that the rural rustic road is a narrower road, a minimum of 16 feet wide; it will be tar and chipped (surface treatment); and it must carry at least 50 vehicles per day, but no more than 500. He said that the rural rustic paved condition is less expensive to maintain than the unpaved road condition. He answered various other questions from the Commission concerning speed limits, maintenance, environmental impacts, and legislation. Commission members inquired about the consequences of the traffic counts exceeding the 500 vehicle per day limit. Mr. Lineberry replied that there is nothing that VDOT could do if the limit was exceeded, except to attempt to add the road to the County's Secondary Road Improvement Program. He noted that it would be dangerous for a rural rustic road to carry more than 500 vehicle trips per day. • Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the inclusion of the following roads to be included into the Rural Rustic Road Program: Back Creek Road (Rt. 704), Gough Road (Rt. 618), Ebenezer Church Road (Rt. 705), Indian Hollow Road (Rt. 679), Chestnut Grove Road (Rt. 681), Carter Lane (Rt. 629), Pack Horse Road (Rt. 692), and Old Baltimore Road (Rt. 677). PUBLIC MEETING The revocation of Conditional Use Permit 017 -90 of White Oak Trading Post for an existing campground and expansion of the store by 75 %. The property is located at the northwest corner of Routes 277 and 636, and is identified with P.I.N. 86 -A -143 -A in the Opequon Magisterial District. Action - Tabled for Six Months Planner Mark R. Cheran stated that the Planning Commission tabled this item at its June 16, 2004 meeting for 30 days to enable the applicant to come into compliance with the Frederick County Zoning Ordinance. Planner Cheran said that the staff has met with the applicant's counsel and has supplied him with an application for a new conditional use permit. He said the staff explained to the applicant the violations of is CUP 9017 -90 and explained that a new conditional use permit to expand the country store to include a Frederick County Planning Commission Minutes of July 21, 2004 Page 1348 -7- • restaurant was needed. Planner Cheran noted, however, that site improvements must be completed prior to a new application for a conditional use permit being accepted; he also noted that a site plan for the property was approved in 1991, however, those improvements have not yet been implemented. Planner Cheran stated that the Frederick County Building Official conducted an inspection of the property on July 2, 2004 and violations of the Virginia Uniform Statewide Building Code were cited on the property. He pointed out that the 31 -seat restaurant was never an allowed use on this property and it is a violation of the conditions placed on CUP 4017 -90. In conclusion, Planner Cheran noted that long -term tenants are still located on the property. Members of the Commission who had visited the site said the establishment was well -kept and organized, and that it served a need in this community. They inquired if any regulations or laws would be violated by tabling consideration for 90 days to give the applicant the opportunity to work out the building code violations or problems and to seek a new conditional use permit. Planner Cheran believed the Commission's decision to table would not violate any laws; however, regardless of what action is taken by the Commission, the building violations are a separate issue entirely. Mr. Eugene Gunter, attorney for the owner, Mrs. Yancey, stated that a number of the citizens of this area were present at the last meeting and all spoke well of this establishment. Mr. Gunter said there was a lot to be done and they will need time to accomplish everything. He requested that the Planning Commission table consideration of this matter for a period from three to six months. Chairman DeHaven called for public comments, however, no one came forward to speak. Commission members believed there had been a good faith effort to clean up this area to make • it more presentable and they believed tabling the consideration of the permit was fully appropriate to allow the applicant to work on the issues that needed addressed. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the revocation of Conditional Use Permit 9017 -90 of White Oak Trading Post for an existing campground and store expansion for six months to allowthe applicant time to address the building official's comments and other comments that have been raised. Master Development Plan H02 -03 for Regents Crescent, submitted by Bowman Consulting, for residential and commercial uses. The property is located on North Frederick Pike (Rt. 522 North), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood, and is identified with P.I.N. 53 -A -53 in the Stonewall Magisterial District. Action - Recommended Approval of the Entrance Spacing Waiver Request Action - Recommended Approval of the Lot Access Waiver Request Action - Recommended Approval of the Internal Residential Screen Waiver Request Action - Recommended Approval of MDP #02 -03 of Regents Crescent • Frederick County Planning Commission Minutes of July 21, 2004 Page 1349 -8- • Planner Jeremy F. Camp stated that this master development plan (MDP) was tabled at the Planning Commission's meeting on May 19, 2004, due to a last minute change by the applicant. Planner Camp said that the MDP has been revised and all relevant reviewing agencies have commented on the revised plan. He noted that the residential component would consist of 42 townhouses, which are proposed in the center of the development, and 28 single- family cluster dwellings proposed around the perimeter, which adjoins Westminster- Canterbury. Planner Camp said that access for all of the proposed uses would be provided via a new state road and an internal private road system. He added that the development will provide an easement and driveway to link the existing private road along the northwest property line with the cul-de -sac of the proposed state road. He further explained that upon resolution of three requested waivers, the proposed development would meet the requirements of the Frederick County Zoning and Subdivision Ordinances. He next proceeded to review the requested waivers with the Commission. Mr. Thomas (Ty) Moore Lawson, P.C. of Lawson & Silek, P.L.C., came forward on behalf of the applicant. Mr. Lawson also introduced Mr. David L. Frank, CLA, Project Manager with the Bowman Consulting Group, and Mr. Wade Clements, the President of Sovereign Homes. Mr. Lawson noted that the residential screen waiver is new; he said they were attempting to create a street scape that would allow residents to interact with their neighbors, rather than using the traditional row of white pines. Mr. Lawson described the various types of evergreens proposed; indicating their intent to provide a total of 155 plants versus the 44 evergreens specified within ordinance. Mr. Lawson added that he had met with several of the adjoining property owners, in particular, the Peacemakers and the Lintzes, to discuss the proposed driveway connection to Regents Crescent's cul-de- sac. Mr. Lawson said that these property owners do not necessarily want that connection. He said they were concerned about people driving down their lane. Mr. Lawson said he would be willing to install a gate, if that would satisfy their concerns. Referringto the 90 -foot entrance spacing waiver request, a member ofthe Commission pointed out that there will be three entrances within a total of 130 feet. Mr. Lawson noted even tighter entrance spacing a short distance to the north at the Sheetz location. Commissioners suggested lowering the speed limit in that area from 45 to 35 mph. Commission members also recommended that if the screen waiver is granted, the applicant should designate a substitute; for example, the intent of following the philosophy of Option B in the applicant's handout. Mr. Lawson agreed to this and suggested that staff be given authority to oversee and approve the design. Individual Commission members also had questions on the type of business development that would take place and questions concerning the karst condition of the property were also raised. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Jeff Whetzel, adjoining property owner to the north of the Peacemakers and the Lintzes, was concerned about how the safety of his driveway would be compromised, if the applicant's entrance spacing waiver request was granted. Mr. Whetzel said that he will not agree to the use of his property for access to this new development. U Frederick County Planning Commission Minutes of July 21, 2004 Page 1350 M • Mr. Wayne Peacemaker, adjoining property owner, came forward and said that he was speaking on behalf of all three of the adjoining property owners on the west side of the Regents Crescent property. Mr. Peacemaker said that neither he or his neighbors saw the need for the additional access, nor did they want it. He said this decision was primarily based on their need to have privacy. Chairman DeHaven explained that the access was not a county requirement, but merely an attempt by VDOT to supply the three adjoining residences with a safer and modern egress and ingress. Mr. Russell Heitt, adjoining property owner on the southeast side ofthe proposed development, was concerned about the impact of surface water runoff on his property. Chairman DeHaven assured Mr. Heitt that water management would be addressed during the site plan stage of development and the County's engineer would need to approve the storm water management plan. Ms. Rita Lintz, adjoining property owner, agreed with the statements made by Mr. Peacemaker and Mr. Whetzel. Mr. Jeff Whetzel returned to the podium and expressed a concern about the impacts ofblasting on his and his neighbors' wells and septic systems; he said this property has never been developed because it is a solid rock mass. Mrs. Ann Heitt, adjoining property owner, came forward to speak in favor of the proposed development; she believed the designers had done a good job and this should be a nice- looking development. Mrs. Heitt stated that something needed to be done with this land; she said it was an eyesore and was becoming • overgrown. Mrs. Heitt concluded by saying that her and her husband's only concern was of surface water runoff. Mr. Lawson returned to the podium to confirm Chairman's DeHaven's point that the connection shown on the master development plan was VDOT's suggestion to provide the residents with an alternative access. He said the alternative driveway was not being installed for the applicant's benefit or for any additional access. Mr. Lawson stated that the applicant will do whatever the County and VDOT believes to be appropriate, however, the neighbors have said in no uncertain terms that they did not want the connection. VDOT's representative, Mr. Ben Lineberry, stated that VDOT proposed the private connection, from the cul-de -sac to the property to the north, as a measure to eliminate some of the entrances directly onto Route 522; he said this was not a requirement. Commission members asked Mr. Lineberry for VDOT's position on allowing the applicant's entrance to be located 90 feet from the neighbors' existing private driveway. Mr. Lineberry replied that because the private driveway is for single - family residential access, VDOT believes it would be satisfactory because of the low trip volume. However, if the driveway was for commercial or other types of business applications within the 90 feet, then VDOT would have concerns. Entrance Spacing Waiver Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That by a majority vote, the Frederick Planning Commission does hereby recommend approval of an entrance spacing waiver for Master Development Plan 402 -03 of Regents Crescent to allow a • spacing of approximately 90 feet from the proposed entrance (Trafalgar Square) to the existing northwest Frederick County Planning Commission Minutes of July 21, 2004 Page 1351 -10- • entrance. The majority vote was as follows: YES (TO APPROVE) Watt, Unger, Light, DeHaven, Thomas, Ours, Fisher, Kriz, Triplett, Rosenberry NO: Straub, Gouchenour (Commissioner Morris was absent from the meeting.) Lot Access Waiver Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of a lot access waiver for Master Development Plan #02 -03 of Regents Crescent to allow lot areas to be up to 800 feet from a state road. (Commissioner Morris was absent from this meeting.) 9 Internal Residential Screen Waiver Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of an internal residential screen waiver for Master Development Plan #02 -03 of Regents Crescent, which will eliminate the requirement for an internal residential screen between the two proposed housing types, and also recommends adoption of Landscaping Option B on the applicant's schematic. The majority vote was as follows: YES (TO APPROVE) Watt, Unger, Light, DeHaven, Thomas, Ours, Fisher, Kriz, Triplett, Straub, Rosenberry NO: Gouchenour (Commissioner Morris was absent from the meeting.) • Frederick County Planning Commission Minutes of July 21, 2004 Page 1352 -1)- • Master Development Plan #02 -03 of Regents Crescent Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Master Development Plan 402 -03 for Regents Crescent, submitted by Bowman Consulting, for residential and commercial uses on North Frederick Pike (Rt. 522 North), with the waivers as stated. The majority vote was as follows: YES (TO APPROVE) Watt, Unger, Light, DeHaven, Thomas, Ours, Fisher, Kriz, Triplett, Rosenberry NO: Straub, Gouchenour (Commissioner Morris was absent from the meeting.) DISCUSSION • Discussion of adding the MS (Medical Support) District to Section 165- 47C(l) and Sections 165 -133 and 165 -134 to the Frederick County Zoning Ordinance. Planner Mark R. Cheran stated that on June 24, 2004, the Development Review & Regulations Subcommittee (DRRS) discussed adding the MS (Medical Support) Districtto sections ofthe Frederick County Zoning Ordinance. He said that the change would include references to the MS (Medical Support) District, Section 16547C(1) and Sections 165 -133 and 165 -134. Planner Cheran stated that the DRRS recommended that the MS (Medical Support) District be added in the relevant sections of the Zoning Ordinance. Although the inclusion of the MS District was fully supported, members of the Commission questioned why the RA (Rural Areas) District was not also included within the listed sections. For example, Section 165- 47C(1) states that, "inoperable motor vehicles shall not be stored outside of a totally enclosed building in the following districts;..." all the districts are listed with the exception of RA, despite the fact that inoperable vehicles are not permitted anywhere within the County. Staff responded that inoperable vehicles are permitted to be stored in the RA District if they are screened by natural screening or an opaque fence; also, the amendment was primarily focusing on the MS District. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, the Frederick County Planning Commission unanimously recommended approval of the ordinance amendment as presented and requested that it be forwarded to the Board of Supervisors for their discussion and to grant staff the authority to proceed with a public hearing. • Frederick County Planning Commission Minutes of July 21, 2004 Page 1353 -12- • ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:00 p.m. • n U Frederick County Planning Commission Minutes of July 21, 2004 Page 1354 Respectfully submitted,