PC_05-06-09_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 May 6, 2009.
PRESENT: Roger L. Thomas, Vice Chaimtan/Opequon District; Brian Madagan, Opequon District; Gary R
Oates, Stonewall District; Richard Ruckman, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H.
Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District;
Christopher M. Molun, Red Bud District, Greg L. Unger, Back Creek District; and Roderick Williams, Legal
Counsel.
ABSENT: June M. Wilmot, Chairman/Member at Large, Gregory S. Kerr, Red Bud District; and Cordell
Watt, Back Creek District.
STAFF PRESENT: Eric R. Lawrence, Planning Director, Mark R. Cheran, Zoning & Subdivision
Administrator, Candice E. Perkins, Senior Planner, and Renee' S. Arlotta, Clerk,
CALL TO ORDER & ADOPTION OF AGENDA
0 Vice Chainnan Thomas called the meeting to order at 7:00 p.m.
Upon motion made by Co mniSSIOner Kriz and seconded by Commissioner Triplett, the Planning
Commission unanimously adopted the May 6, 2009 agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Oates and seconded by Commissioner Ruckman, the
Planning Cotmnission unanimously approved the minutes of the March 18, 2009 meeting.
COMMITTEE REPORTS
Development Review & Regulations Committee (DRRC) — 04/23/09 Mtg.
Commissioner Unger reported that the DRRC discussed the following: revised secondary
(accessory) use standards in the OM, M 1, and M2 Zoning Districts; revisions to off - street parking and parking
• lots pertaining to commercial vehicle parking, surface materials, and curb and gutter, and revisions to the
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subdivision ordinance pertaining to sidewalks, pedestrian walkways, and streetlights.
Sanitation Authority (SA) - 04122/09 Mtg.
Commissioner Unger reported that the SA gained about 186 new customers for the third quarter
and they are expecting about 200 for the year, which is down considerably. He said rainfall for March was about
two inches, which is below average; both the Diehl and Anderson plants are working well with the Anderson plant
back up to full operation, however, the Parkins Mill Plant is below average; the City of Winchester has increased
their rates about 1 I percent. Commissioner Unger also reported that the SA is considering changing the
standards for the plant at Lake Frederick, Crooked Run, when it reaches full capacity. He said Clarke County
received approval again this year to bring sewage to the Comity's plant on Route 7.
Transportation Committee — 04/27/09 Mtg.
Conmussioner Oates reported that the Transportation Committee discussed two items: I) TIA
(Transportation Impact Analysis) standards; Deputy Director- Transportation, John A. Bishop, will bepreparing
information for the next Transportation Conmrittee meeting, as well as continuing dialogue with the Top of
Virginia Builders; and, 2) new secondary street acceptance requirements mandated by the General Assembly and
• currently being implemented by VDOT. Commissioner Oates reported that although news media coverage
implies that Virginia will no longer allow cul -de -sacs, this is definitely not the case. Over the last few years,
many subdivisions are islands unto themselves with only one or two ways in or out. The new standards will seek
to inter - connect subdivisions much like towns and villages did up until the 1950s. There will probably be about
50% fewer cul -de -sacs in most designs.
NAICS Conversion Committee - 4/30/09 Mtg.
Conunissioner Manuel reported that the NAICS Conversion Conunittee continues to meet, but
are nearing completion of their work. He said the committee is doing some fine tuning and clarifying some of the
language.
Vice Chairman Thomas called for public cormnents on any subject not on the Commission's
agenda for this evening. No one came forward to speak.
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PUBLIC HEARING
Revised Conditional Use Permit 902 -09 for Leroy Harrison to enable a property ownership transfer of an
existing auto repair business at 8365 North Frederick Pike (Rt. 522). This property is identified with
P.I.N.s 11 -A -52 in the Gainesboro Magisterial District.
Action — Recommended Approval with Conditions
Zoning and Subdivision Administrator, Mark R. Cheran, reported that this property, currently
zoned RA (Rural Areas) District, is subject to the conditions of a CUP (conditional use permit) that was approved
by the Board of Supervisors for a public garage in August of 1982. Mr. Cheran said the garage has not been
operated, but has met all the conditional requirements of the CUP. He said the applicant is requesting to update
and amend the existing CUP by deleting the following conditions:
This is a one -year permit to be reviewed annually by the staff, the Planning Commission, and the Board
of Supervisors.
If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and
a new conditional use permit will be required.
Entrance must be relocated as shown.
Mr. Cheran stated that Conditions 41 and 42 no longer apply in Frederick Comity. Mr. Cheran
said he spoke with VDOT about Condition #3 and the original entrance was relocated in accordance with the
• conditions of the approved 1982 permit. Mr. Cheran next read the list of recommended conditions, should the
Commission find this use to be appropriate.
Mr. Leroy H. Harrison, the applicant and owner of the property, said that due to the economic
downs -turn, he wanted to operate the garage as a supplement to his income from his job at the Saturn dealership.
Mr. Harrison said he wanted to do a little work on the weekends.
Vice Chairman Thomas asked Mr. Harrison if he understood and agreed with all six conditions
associated with the CUP and Mr. Harison replied that he did.
Vice Chainnan called for public conunents and the following person came forward to speak:
Mr. Jeremy Mills, an adjoining property owner, wanted to make sure he understood the six
conditions proposed for this CUP. Mr. Mills asked if the applicant would be required to get a new permit for any
expansion of the use. He also asked for clarification on the condition that only five vehicles could be repaired at
any one time. Mr. Mills was concerned the proposed garage might negatively affect the value of his properly. He
also asked what would constitute a violation on the property.
Vice Chairman Thomas noted that all repairs must take place within an enclosed structure, the
vehicles waiting for repair outside must be limited to five, and outside vehicles must be screened from view by an
opaque fence. Vice Chairman Thomas said a violation of the permit would be anything that is not consistent with
the conditions of the pennit. He suggested to Mr. Mills that he speak with staff members after the hearing about
what would constitute a violation on this property.
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No other citizens wished to speak and Vice Chairman Thomas closed the public comment
portion of the meeting.
Conunissioner Kriz made a motion to recommend approval of CUP 402 -09 with the conditions
as recommended by the staff. This motion was seconded by Commissioner Triplett and unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Conmmission does hereby unanimously recommend
approval of revised Conditional Use Permit 402 -09 for Leroy H. Harrison to enable a property ownerslup transfer
of an existing auto repair business at 8365 North Frederick Pike (Rt. 522) with the following conditions:
1. All review agency continents and requirements shall be complied with at all times.
2. Outside storage limited to less than five vehicles and screened by an opaque fence.
3. Limited to the applicant and one employee.
4. All repair activities shall occur entirely within the enclosed structure.
The applicant will be limited to repairing only five vehicles at a time.
•
6. Any expansion or change of use shall require a new conditional use permit.
(Note: Chairman Wilmot and Commissioners Kerr and Walt were absent from the meeting.)
An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article X (Business and
Industrial Zoning Districts), Subsection 82A, District Use Regulations. This amendment will add
veterinary clinics as a permitted use in the B1 (Neighborhood Business) Zoning District.
Action — Recommended Approval
Senior Planner, Candice E. Perkins, reported that this ordinance amendment was initiated by a
formal request to allow veterinary clinics as a pennitted use in the B I (Neighborhood Business) Zoning District.
Ms. Perkins said currently, the Frederick County Zoning Ordinance allows veterinary offices as a permitted use in
the B2 (Business General) and the B3 (Industrial Transition) Zoning Districts and as a conditional use in the RA
(Rural Areas) and RP (Residential Performance) Districts. She said the staff has prepared an ordinance revision
that would add Veterinary Services for Animal Specialties (SIC 0742) to the B 1 Zoning District permitted uses.
She said this ordinance revision is intended to only allow animal and pet hospitals, veterinarians for pets, and
veterinary services. She said it would exclude any type of livestock services and requires that all animals and
activities be kept within the enclosed primary structure.
Mr. Perkins stated that the Board of Supervisors discussed this item at their meeting on March
11, 2009, and had one minor revision concerning horses, which was included in the proposed amendment before
the Comunission this evening. Ms. Perkins said the Board directed the staff to exclude horses from the animals
permitted to be treated in the B I District. With that revision, she said the Board of Supervisors approved this
item to be sent to public hearing.
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Vice Chairman Thomas called for public continents; however, no one came forward to speak.
Is Commissioner Kriz made a motion to recommend approval of the proposed ordinance
amendment concerning veterinary clinics in the B 1 Zoning District. This motion was seconded by Commissioner
Mohn and was unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend
approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article X (Business and
Industrial Zoning Districts), Subsection 82A, District Use Regulations. This amendment will add veterinary
clinics as a permitted use in the B1 (Neighborhood Business) Zoning District.
(Note: Chairman Wilmot and Commissioners Kerr and Watt were absent from the meeting.)
PUBLIC MEETING
REVISIONS TO THE PLANNING COMMISSION'S BYLAWS
Action — Unanimously Approved
Planning Director, Eric R. Laurence, reported that on March 18, 2009, the staff presented the
Planning Commission with a proposed Bylaws amendment which was recommended by the Bylaws Work Croup.
Mr. Lawrence stated that the proposed amendment establishes a time restriction for how long an application may
• be tabled. He said the Planning Commission agreed the amendment was appropriate and authorized the staff to
initiate the 30 -day notice to change the Bylaws and to schedule the revisions for the Commission's consideration
to adopt at their meeting of May 6, 2009. This proposed amendment incorporates a time restriction for the length
of tabling.
Commissioner Unger asked how the amount of time will be tracked. Mr. Lawrence replied it is
12 months from when the application was submitted to the County and fees paid. He said when the application is
received, it is date - stamped and a file is created, so it will be simple to track.
Members of the Commission believed the amendment was consistent with what was discussed.
Commissioner Unger made a motion to approve this amendment to the Planning Commission's
Bylaws. The motion was seconded by Commissioner Moln and unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously approve revisions
to the Planning Commission's Bylaws by incorporating a time restriction for how long an application may be
tabled, as follows:
8 -3 -9 -2 The applicant shall be pemnitted to request that an agenda item be tabled from a scheduled
Planning Commission meeting one time. The Planning Commission shall table the application
for a specific period of time to ensure that the requirements of Section 165 -10 of the Frederick
County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this
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requirement. In no case shall an application be tabled for more than 12 months from the
time the complete application was received by the Zoning Administrator or applicable
staff.
(Note: Chainnan Wilmot and Commissioners Kerr and Watt were absent from the meeting.)
COMMISSION DISCUSSION
RECORDATION OF PROFFERS
Senior Planner, Candice E. Perkins, stated this item is a proposed text amendment regarding the
legal form and recordation of proffers. She said the zoning ordinance does not currently contain standards as to
how proffer statements should be written and also does not require they be recorded once accepted by the Board
of Supervisors. Ms. Perkins said the staff has prepared a revision to the ordinance that contains requirements for
the legal form of proffer statements and a requirement that approved proffers be recorded with the Frederick
Countv Clerk of the Circuit Court .
Ms. Perkins stated that this item was presented to the DRRC (Development Review and
Regulations Conunittee) at their meeting of February 26, 2009, and the DRRC expressed concerns over proposed
title requirements that were included with the initial version. She said the proposed ordinance was revised to
remove the title requirements and the changes were then endorsed by the DRRC. She said the revised text
includes requirements for the legal form of proffer statements, as well as a requirement for the recordation of
proffers.
• Commission members asked if this is done in otherjurisdictions and Ms. Perkins replied that a
number of localities have this same requirement.
Conunissioners believed this was an excellent idea and the process would create a tracking
system for proffers.
Ms. Perkins said this item is being presented for discussion. She said comments and suggestions
from the Planning Commission will be forwarded to the Board of Supervisors.
ADJOURNMENT
No further business remained to be discussed. Upon motion made by Commissioner Kriz and
seconded by Commissioner Oates, the meeting was adjourned at 7:30 p.m. by a unanimous vote.
L °Thomas, Vice Chainnan
Secretary
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