PC_04-20-11_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 April 20, 2011.
PRESENT: June M. Wilmot, Chairman /Member at Large; Roger L. Thomas; Vice Chairman/
Opecluon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley
Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee
District; George J. Kriz, Gainesboro District; Kevin O. Crosen, Back Creek District; Christopher M.
Molrn, Red Bud District; Philip E. Lemieux, Red Bud District; Roderick B. Williams, County
Attorney; and David Shore, Winchester Planning Commission Liaison.
ABSENT: Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision
Administrator; and Renee' S. Arlotta, Clerk.
® CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m.
Chairman Wilmot announced one addition to the agenda, a resolution stating the
Planning Commission's recommendation to the Board of Supervisors regarding the Comprehensive
Policy Plan. She said this item will be Number 6 on the agenda, after the DeCanio conditional use
permit.
Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the
Planning Commission unanimously adopted the April 20, 2011, Planning Commission agenda with the
amendment as stated.
COMMITTEE REPORTS
Historic Resources Advisory Board (HRAB) — 4/19/11 Mtg.
Commissioner Oates reported that the HRAB reviewed an application for an AT &T
Commercial Telecommunications Facility at 2418 Indian Hollow Road. He said the HRAB
recommended denial of the request due to its visual impact on historical features in the area. However, if
this were to go forward, the HRAB believed this was a good opportunity to use a monopine so the
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structure would be camouflaged. They also recommended shortening the height, moving the structure
is closer to the woods, and placing a landscaped buffer around the base of the tower to hide the building.
Winchester Planning Commission — 4/19/11 Mfg.
Mr. David Shore, Winchester Planning Commission Liaison, reported that the Planning
Commission held a public hearing on the City's Comprehensive Policy Plan and it was recommended to
City Council for approval. The Planning Commission also gave administrative authorization to staff to
approve a site plan for a new Longhom Steak House which will be on South Pleasant Valley Road. Mr.
Shore said this will take the old Circuit City Store out of the vacant category; the old structure will be
demolished and a new structure erected.
Chairman Wilmot called for citizen comments on any issue not on this evening's agenda.
No one came forward to speak and Chairman Wilmot closed the citizen comment portion of the meeting.
• PUBLIC HEARING
Conditional Use Permit #03 -11 of Shenandoah Valley Flea Market for an outdoor flea market at
3800 Front Royal Pike (Double Tollgate). This property, zoned RA (Rural Areas), is identified with
P.I.N.s 87 -3 -B and 87 -3 -B1 within the Shawnee Magisterial District.
Action — Recommended Approval with Conditions
Zoning & Subdivision Administrator, Mar, R. Cheran reported that the proposed flea
market will be on two parcels of land totaling 14+ acres. Mr. Cheran noted that the applicant is leasing
12± acres of the 94 +- acre property identified as Tax Parcel 87 -3 -B and owns 2+ acres identified as Tax
Parcel 87 -3 -131. He said the use is an expansion of the existing flea market adjacent to the site which is
located within Clarke County, Virginia. This 14 -acre flea market use will have a total vender area of
99,030 square feet, with frontage and a single entrance along Fairfax Pike (Rt. 277). Mr. Cheran said this
entrance shall be the only entrance used to serve this site and no other entrances shall be permitted along
Fairfax Pike (Rt. 277) or Front Royal Pike (Rt. 522). An engineered site plan will need to be submitted
by the applicant and approved by Frederick County. In addition, all parking areas and travel areas shall
be graveled, the proposed entrance will need to meet the entrance requirements of the Zoning Ordinance,
and the use will only operate on Friday through Sunday and on holidays.
Mr. Cheran stated that the Health Department will allow this use to utilize portable toilets
for a period of one year; however, the applicant will need to apply for and install an approved septic
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system within one year of the approval date of the conditional use permit. Mr. Cheran next read a list of
® recommended conditions, should the Commission find this use to be appropriate.
Mr. Cheran added that the property owner, Mr. Royston Eshelman, and co- applicant, Mr.
Montie W. Gibson, Jr., were present and were represented by Mr. Robert Light of Lawson & Silek,
P.L.C.
Commissioner Oates noted that the Health Department comment regarding permanent
sewage disposal is a State requirement; however, he did not see anything that indicated the applicant
could not have portable toilets for convenience after that requirement is met. Mr. Cheran replied that was
correct.
Mr. Robert Light, with the firm of Lawson & Silek, P.L.C., was present to represent the
applicant, Royston Eshelman Properties, LLC. Mr. Light stated both lie and his client are working with
the Planning Staff and believe they will be able to work through the language issue regarding the
restroom facilities.
Commissioner Thomas remarked that once the Planning Commission makes a
recommendation to the Board of Supervisors, the language of the conditions cannot be changed unless the
conditional use permit is brought back before the Commission again. He asked the applicant what his
specific concern was regarding the language.
Mr. Light replied that his client was comfortable with all of the conditions, except
Condition Number 2. He indicated that his client is concerned about whether or not everything can be
completed in terns of installing an approved septic system within one year of the approval date of the
conditional use permit, or whether additional time may be needed. Mr. Light stated that his client is not
looking to delete Condition 92, but is thinking that additional time may be needed. He added that his
client has had an engineering firm look at the site.
Commissioner Thomas commented that Condition 42 is actually repetitive and is not
needed because Condition 91 states that the applicant must comply with all agency comments and the
Frederick County Health Department is an agency whose comments must be met. Commissioner
Thomas said if the Health Department stipulates the applicant must have the approved septic system
within 12 months, the Planning Commission would not want to override that requirement.
Chairman Wilmot opened the citizen comment portion of the public hearing and called
for anyone from the audience who wished to speak. No one came forward to speak and Chairman
Wilmot closed the public comment portion of the hearing.
Commissioner Manuel made a motion to approve CUP #03 -11 of Shenandoah Valley
Flea Market with all of the conditions recommended by the staff, except for Condition 42, which would
be eliminated. This motion was seconded by Commissioner Ambrogi and was unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval
of Conditional Use Permit #03 -11 of Shenandoah Valley Flea Market for an outdoor flea market at 3800
Front Royal Pike (Double Tollgate) with the following conditions:
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Minutes of April 20, 2011
I . All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted to and approved by Frederick County and all
improvements implemented prior to operating the flea market.
3. Days of operations shall be limited to Friday through Sunday, and holidays.
4. The use shall only have a single entrance onto a public road; that single entrance shall be onto
Fairfax Pike (State Route 277).
5. No signage will be allowed on this site for this use.
6. Any expansion or change of use shall require a new conditional use permit.
(Note: Commissioners Triplett and Unger were absent from the meeting.)
Conditional Use Permit #04 -11 of Christopher DeCanio and Janet DeCanio, submitted by Thomas
Moore Lawson, Esquire, for a cottage occupation for counseling at 1445 Senseny Road. This
property, zoned RP (Residential Performance), is identified with P.I.N. 54 -A -133 in the Red Bud
Magisterial District.
• Action — Recommended Approval with Conditions
Zoning & Subdivision Administrator, Mark R. Cheran, reported that this proposed
cottage occupation will be conducted within the residence and ultimately, will be moved to a converted
garage, separated from the residence. The proposed use will have no more than eight clients per day;
access to the property will be via Senseny Road on an existing driveway; and two parking spaces will be
required for the use. Mr. Cheran stated that based on the limited scale of the proposed use and the
evaluation of the property, it appears this proposed use will not have significant impacts on the adjoining
properties. Mr. Cheran next read a list of recommended conditions, should the Commission find the use
to be appropriate.
Commissioner Thomas had questions concerning some of the exterior structures; he
asked whether those structures were on the applicant's property and what they were used for.
Mr. Thomas Moore (Ty) Lawson, with the firm Lawson & Silek, P.L.C., came forward
on behalf of the applicants, Dr. Christopher C. DeCanio, LP, Ph.D. and his wife, Mrs. Janet V. DeCanio.
Regarding the exterior structures referenced by Commissioner Thomas, Mr. Lawson said these were old
farm sheds which belonged to the old farm house and pre -dated the subdivision. He said these structures
are not currently being used.
Chairman Wilmot inquired how the property to the east of this site would be accessed;
she asked if there would be ajoint use of the driveway. Mr. Lawson believed there were two driveways.
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Chairman Wilmot opened the citizen comment portion of the public hearing and called
for anyone from the audience who wished to speak. No one came forward to speak and Chairman
Wilmot closed the public comment portion of the hearing.
Commissioner Mohn believed the use was appropriate at this location and he thought a
counseling office was an ideal cottage occupation. He also believed the conditions were appropriate for
mitigating any impacts of the use. Therefore, Commissioner Mohn made a motion to recommend
approval of Conditional Use Permit 404 -11 of Christopher C. DeCanio, LP, Ph.D. and Janet V. DeCanio
with the conditions as recommended by the staff. This motion was seconded by Commissioner Thomas
and was unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval
of Conditional Use Permit #04 -11 of Christopher DeCanio and Janet DeCanio, submitted by Thomas
Moore Lawson, Esquire, for a cottage occupation for counseling at 1445 Senseny Road with the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. The applicant shall provide and delineate two parking spaces for this use.
3. No signage allowed.
4. No more than eight clients per day.
5. Any expansion or change of use shall require a new conditional use permit.
(Note: Commissioners Triplett and Unger were absent from the meeting.)
OTHER
A RESOLUTION RECOMMENDING THE ADOPTION OF THE 2030 COMPREHENSIVE
POLICY PLAN FOR FREDERICK COUNTY, INCLUDING APPENDIX I AND APPENDIX H
Action — Recommended Adoption
A motion was made by Commissioner Kriz to recommend approval of the Resolution
Recommending the Adoption of Frederick County's 2030 Comprehensive Policy Plan Including
Appendices I and II, and with the amendment of this day's date on the front page of the resolution. This
motion was seconded by Commissioner Oates and unanimously passed, as follows:
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Minutes of April 20, 2011
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RESOLUTION
Action: Planning Commission: April 20, 201 1 - Recommended Approval
RESOLUTION
RECOMMENDING THE ADOPTION
OF THE
2030 COMPREHENSIVE POLICY PLAN
INCLUDING APPENDICES I & H
u
C �
J
WHEREAS, the 2030 Comprehensive Plan, The Plan, a significant and rewarding undertaking
throughout the Year 2010 and into 2011, was drafted with the assistance of many others, including
community partners and stakeholders, as part of a broad and successful public outreach effort; and,
WHEREAS, this amendment was reviewed by the Comprehensive Plans and Programs Committee
(CPPC), and the Planning Commission during their regularly scheduled meetings; and,
WHEREAS, the Comprehensive Plans and Programs Subcommittee recommended approval of this
adoption on March 14, 2011; and,
WHEREAS, Section 15.2 -2225 of the Code of Virginia requires posting of the Comprehensive Policy
Plan on a website, public notice in a local newspaper, and conducting a public hearing prior to a
recommendation by the local Planning Commission to the governing body on adoption of a
Comprehensive Policy Plan, the County staff posted the Comprehensive Policy Plan that is being
considered for recommendation on the official County of Frederick website maintained by the County and
on which matters pertaining to the Planning Commission are generally posted; and,
WHEREAS, notice of the April 6, 2011 public hearing was published twice in a local newspaper in
accordance with Section 15.2 -2204 of the Code of Virginia; and,
WHEREAS, the Planning Commission held a public hearing on the Comprehensive Policy Plan on April
6, 2011;
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission hereby forwards The Plan to
the Board of Supervisors recommending approval.
BE IT FURTHER RESOLVED, that the Planning Commission hereby directs the Secretary to prepare a
certified copy of this resolution to the governing body and directs the County staff to post the
recommended and certified version of the Comprehensive Policy Plan on the County website.
Passed this 20' day of April, 2011 by the following recorded vote:
June Wilmot, Chairman — Aye
Roger L. Thomas — Aye
Kevin O. Crosen — Aye
Brian Madagan — Aye
Christopher Mohn — Aye
Gary R. Oates — Aye
George J. Kriz - Aye
Philip A. Lemieux - Aye
Lawrence R. Ambrogi - Aye
Stan Crockett - Ave
H. Paige Manuel — Aye
Frederick County Planning Commission Page 2750
Minutes of April 20, 2011
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FI
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A Copy Attest
(Note: Commissioners Unger and Triplett were absent from the meeting.)
/s/ Eric R. Lawrence, AICP
Secretary
L J
Chairman Wilmot announced there were no pending items for the
2011 meeting.
Upon motion made by Commissioner Thomas and seconded by
the Planning Commission unanimously voted to cancel their May 4, 2011 meeting.
ADJOURNMENT
No further business remained to be discussed and upon motion made
Kriz and second by Commissioner Thomas, the meeting adjourned at 7:30 p.m. by a on
May 4,
Manuel,
Commissioner
sous vote.
Respectfully
June M. Wilmot, Chairman
V Lawrence, Secretary
Frederick County Planning Commission Page 2751
Minutes of April 20, 2011