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PC_01-18-06_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 January 18, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Christopher M. Mohn, Red Bud District; George J. Kriz, Gainesboro District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; Gary R Oates, Stonewall District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors' Liaison; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence K Ambrogi, Legal Counsel. ABSENT: David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R Lawrence, Planning Director; Mark R Cheran, Zoning & Subdivision Administrator; Kevin Henry, Planning Technician; and Renee' S. Arlotta, Clerk. CALL TO ORDER Vice Chairman Thomas called the meeting to order at 7:00 p.m. PRESENTATION OF RESOLUTION OF APPRECIATION — CHARLES S. DEHAVEN. JR. Vice Chairman Thomas read a Resolution of Appreciation for departing chairman, Charles S. DeHaven, Jr. Vice Chairman Thomas presented the Resolution of Appreciation to Mr. DeHaven on behalf of the entire Planning Commission. Mr. DeHaven expressed his thanks and he stated what an honor and privilege it had been to serve with the members of the Planning Commission over the years. He was excited that the Commission remained in strong hands and that he and the Board will continue to have the benefit of the Commission's advice and counsel. WELCOME TO NEW MEMBERS OF THE COMMISSION Vice Chairman Thomas welcomed three new members to the Planning Commission: Gregory S. Frederick County Planning Comrnission Page 1666 Minutes of January 18, 2006 -2- Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; and Gary R Oates, Stonewall District. C J ELECTION OF OFFICERS FOR 2006 Election of June S. Wilmot, Chairman Vice Chairman Thomas declared nominations open for Chairman. The nomination of June M. Wilmot for Chairman was made by Commissioner Light and seconded by Commissioner Kriz. The nomination of Roger L. Thomas for Chairman was made by Commissioner Ours and seconded by Commissioner Unger. Motion was made by Commissioner Morris, seconded by Commissioner Light, and unanimously passed to close nominations for Chairman. Motion was made by Commissioner Light, seconded by Commissioner Morris, and unanimously passed to vote by closed ballot, since there were two nominations for Chairman. The Secretary of the Planning Commission, Eric R Lawrence, read aloud the votes cast, with eight votes to Commissioner Wilmot and five votes to Commissioner Thomas. By this majority vote, Commissioner June M. Wilmot was elected as Chairman of the Planning Commission for the year 2006. • BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby elect June M. Wilmot as Chairman of the Planning Commission for the Year of 2006. Election of Roger L. Thomas, Vice Chairman for 2006 Chairman Wilmot declared nominations open for Vice Chairman. The nomination of Roger L. Thomas was made by Commissioner Morris and seconded by Commissioner Triplett. Motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2006. Frederick County Planning Commission Page 1667 Minutes of January 18, 2006 -3- Election of Eric R. Lawrence, Secretary for 2006 • Chairman Wilmot declared nominations open for Secretary. The nomination of Eric R Lawrence was made by Commissioner Morris and seconded by Commissioner Triplett. Motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously passed to close the nominations for Secretary. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Eric R. Lawrence as Secretary of the Planning Commission for the Year of 2006. MEETING SCHEDULE FOR 2006 Upon motion made by Commissioner Kriz and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have their regular' monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors meeting room; the Comprehensive Plans & Programs Subcommittee on the second Monday of each month at 7:30 p.m. in the first floor conference room; and the Development Review & Regulations Subcommittee on the fourth Thursday of each month at 7:30 p.m. in the first floor conference room. • COMMITTEE ASSIGNMENTS FOR 2006 Chairman Wilmot requested that Commissioners who are now serving on either the CPPS (Comprehensive Plans & Programs Subcommittee) or the DRRS (Development Review & Regulations Subcommittee) continue in their current positions. In addition, Chairman Wilmot renewed appointments to the following committees: Commissioner Kriz to the Transportation Committee; Commissioner Thomas to the EDC (Economic Development Commission); Commissioner Unger to the Sanitation Authority; and Commissioner Ours to the Winchester Planning Commission. She noted a vacancy to the HRAB (Historic Resources Advisory Board). PLANNING COMMISSION BY -LAWS FOR 2006 Upon motion made by Commissioner Kriz and seconded by Commissioner Oates, the Planning Commission unanimously adopted the By -Laws for the Year 2006. 0 Frederick County Planning Commission Page 1668 Minutes of January 18, 2006 -4— • MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the November 16, 2005 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 01/09/06 Mtg. & 01/17/06 A. WkSession Commissioner Light reported that the CPPS has held two recent meetings. He said the discussion at the regular committee meeting focused on the extension of the Sewer and Water Service Area (SWSA) to the Roundhill area. The second meeting was a work session with the Board of Supervisors which focused on the current UDA Study. Economic Development Commission (EDC) — 01/13/06 Mtg. Commissioner Thomas reported that the EDC discussed the Targeted Business Area Study. He said the study will be presented to the Board and City Counsel in the upcoming months. • Transportation Committee Commissioner Kriz reported there was no meeting in January; however, he understood the Board of Supervisors will be creating a new Transportation Committee. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not already on the Commission's agenda for this evening. No one came forward to speak. • Frederick County Planning Commission Page 1669 Minutes of January 18, 2006 -5- • PUBLIC HEARING Conditional Use Permit 906 -05 of Cingular Wireless -Armel for a 190 -foot monopole telecommunications facility at 218 Tadpole Lane. This property is further identified with P.I.N. 76 -A -47 in the Shawnee Magisterial District. Action — Withdrawn by the Applicant Zoning and Subdivision Administrator, Mark R. Cheran, reported that Conditional Use Permit 406 -05 of Cingular Wireless -Armel was withdrawrr by the applicant. No further action was needed by the Planning Commission. Conditional Use Permit 408 -05 of Shenandoah Storage Connection for an of(- premise business sign on Route 11 North, approximately 750 feet north from the intersection of Route 11 and Ebert Road. This property is further identified with P.I.N. 44 -A -5 in the Stonewall Magisterial District. Action — Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, said the proposed non - illuminated, off - premise business sign will be ten feet in height, with a sign face area of 56 feet, and will be located on property • adjacent to Martinsburg Pike (Rt. 11). He stated the proposed sign will be located within the Sewer and Water Service Area (SWSA) and the Northeast Land Use Plan ( NELUP), and it is also located adjacent to a developmentally — sensitive area (DSA). Mr. Cheran explained that the NELUP encourages higher standards of development along the Martinsburg Pike corridor and the protection of any DSAs. He added that Frederick County has traditionally regulated the height, the size, and the number of signs on properties located in its rural areas, along highways, and adjacent to DSAs. Mr. Cheran further added that the Zoning Ordinance specifies that when considering a conditional use permit (CUP) for an off - premise business sign, additional performance standards should be considered to promote orderly development; these standards shall include the height and size limitations of signs, the placement of signs along highway corridors, and the illumination of signs to mitigate any negative impacts to adjoining properties and uses. Mr. Cheran next read a list of recommended conditions, should the Commission find the CUP to be appropriate. Commissioner Light inquired if the size of the sign requested, 56 square feet in face area and 10 feet height, was within the limits of the Zoning Ordinance because he did not third- there were any other signs of this size and scale on the Route 11 North corridor. • Mr. Cheran replied there were no signs of this scale along the Route 11 North corridor. He said that on- premise rural area signs, or signs along corridors, have been limited to 50 square feet in area and ten feet in height. Mr. Cheran said the sign height for this particular CUP was ten feet maximum. Commissioner Light asked for clarification of staff's recommended Condition 43. He understood that if a multi -use sign is erected for the Carroll Industrial Park, then the sign for Shenandoah Storage Connections will need to be removed, according to Condition #3. Frederick County Planning Commission Page 1670 Minutes of January 18, 2006 cm Mr. Cheran said this was the intent; he directed the Commission's attention to the overhead • screen and pointed out the Carroll Industrial Park which contained multi- users. He pointed out the location of the Shenandoah Storage Connection site and noted there is an approved site plan for the facility which allows a 40- foot sign by -right. Mr. Cheran said the proposed sign under consideration this evening, is to be placed on the Shirley property. Commissioner Light asked if there was also an existing sign for Shirley's Pools and if the two signs would be placed side -by -side. Mr. Cheran said the sign for Shirley's Pools is a non - conforming sign (grandfathered); he said the two signs will not be placed together. Commissioner Oates observed there was already an existing sign for this business at the entrance; he asked if that sign would be removed or if there were going to be two signs for this business. Mr. Larry Short, the applicant, Stonewall District, explained that Mr. Butcher, the property owner on the northwest comer, said he could place a sign within the existing structure. In addition, the Zuckerman, the property owners behind the Butcher property, allowed him to place a temporary sign. Mr. Short said he would like to have a sign as large as possible at the comer for visibility. Chairman Wilmot called for public comment, however, no one came forward to speak. Upon motion made by Commissioner Light and seconded by Commissioner Unger, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #08 -05 of Shenandoah Storage Connection for an off - premise business sign on Route 11 North, approximately 750 feet north from the intersection of Route 11 and Ebert Road, with the is following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The sign shall be properly maintained. 3. The sign shall be removed within six months, if any other signs are erected for the industrial park where this business is located. 4. This non - illuminated, off - premise business sign shall not exceed 10 feet in height and 64 square -feet in face area. 5. Any expansion or modification shall require approval of a new Conditional Use Permit. PUBLIC MEETING • Rezoning Application 916 -05 of Willow Run, submitted by Greenway Engineering, to rezone347.77 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 12.20 acres from RA (Rural Areas) District to B2 (Business General) District with proffers. This property is located east of Route 37 and Merrimans Lane (Rt. 621), north of Cedar Creek Grade (Rt. 622), and south and west of the City of Winchester. This property is further identified by P.I.N.s 53-A-90,53-A-91, 53 -A -92, 53- A -92A, Frederick County Planning Commission Page 1671 Minutes of January 18, 2006 -7- • 53- A -92B, 53 -A -94, 53 -3 -A, and 53 -A -2A in the Shawnee Magisterial District. No Action — Applicant Requested Continuance Planning Director Eric R. Lawrence referred to correspondence within the Commission's agenda packet from the applicant requesting a continuance for consideration until February 15, 2006. Mr. Lawrence said the applicant is present and would like to provide additional background on his request. Mr. Evan A. Wyatt with Crreenway Engineering, representing the rezoning application for the Willow Run property, said that after the Commission's agenda packet was mailed, the Willow Run team had an opportunity to meet with County officials on the Board of Supervisors, the Planning Commission, and the Planning Staff. Mr. Wyatt said the meeting was very positive and good ideas were shared. He said the owners thought it would be prudent to build on that meeting and for this evening, the owners have requested a continuance; however, instead of the February 15 postponement, they are asking for a waiver of the Commission's time line requirements for 90 -day action. Upon motion by Commissioner Kriz and seconded by Commissioner Triplett, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to waive the Commission's 90 -day time line requirements and postpone the consideration of Rezoning Application 416 -05 of Willow Run for an indefinite period of time, depending on when the applicant is ready to come back before the Commission. (Commissioners Mohn and Unger abstained.) ADJOURNMENT Upon motion made by Commissioner Light, seconded by Commissioner Kriz, and unanimously passed, the meeting adjourned at 7:30 p.m. Respectfully submitted, 4. (U M. Wilmot, Chairman Secretary Frederick County Planning Commission Page 1672 Minutes of January 18, 2006