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PC_04-21-04_Meeting_MinutesMEETING MINUTES i 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 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; Richard C. Ours, Opequon District; William C. Rosenberry, Shawnee District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; Marie F. Straub, Red Bud District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; and 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: John H. Light, Stonewall 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; Candice C. Mills, Planner I; and Renee S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - MARCH 17, 2004 Upon motion made by Commissioner Kriz and seconded by Commissioner Gochenour, the minutes of March 17, 2004 were unanimously approved as presented. • Frederick County Planning Commission Minutes of April 21, 2004 Page 1279 2- • COMMITTEE REPORTS Historic Resources Advisory Board (HRAB) - 04/20/04 Mtg. Commissioner Gochenour reported that the HRAB reviewed two rezoning proposals: the Lawrence rezoning proposal, submitted by G. W. Clifford & Associates, Inc. and the Old Massie Store rezoning proposal, submitted by Greenway Engineering, Commissioner Gochenour stated that both of the rezoning proposals had historic significance, but in different ways. She said the review of the Lawrence proposal, located in the Brucetown area, had local historic significance pertaining to the character of the community; however, the review of the Old Massie Store rezoning proposal revealed the possibility of pristine rural historic district. Commissioner Gochenour said that both applicants will be receiving letters from Planner Candice Mills. Commissioner Gochenour reported that the remainder of the meeting was devoted to the discussion and potential topics for HRAB training and concluded in setting two dates for training: Friday, May 14, and Thursday, June 3, 2004. Sanitation Authority (CPPS) - 04/20/04 Mtg. Commissioner Fisher reported that the Sanitation Authority has agreed to extend the water service out to the Exit 323 Interchange on I -81 North. He also reported that the Sanitation Authority's Engineer/Director, Wellington H. Jones, reviewed the Authority's Five Year Plan with expansion possibilities for waste water and water facilities for the continued growth of the County. Winchester Planning Commission - 04/20/04 Mtg. Commissioner Ours reported that the Winchester Planning Commission rezoned approximately two acres of land at 315 East Cork Street from Limited High Density Residential to Central Business for the Edge Hill facility; they approved a site plan for a medical office complex near the Winchester Medical Center on Linden Drive; also approved was a site plan for a retail center behind the Red, Hot, & Blue restaurant and the Apple Federal Credit Union. Commissioner Ours reported that the Winchester Planning Commission also sent recommended approval to City Council for the subdivision of 13 single - family residences in the west Cedarmeade area. CITIZEN COMMENTS Ms. Diane Kerns of the Community Consensus Coalition (CCC) announced that the CCC is co- sponsoring, along with the Virginia Citizens Planning Association, a planning workshop on Monday, May • Frederick County Planning Commission Minutes of April 21, 2004 Page 1280 -3- • 18, 2004, from 7:00 to 9:00 p.m. Ms. Kerns said that the workshop will review the planning process in Virginia; specifically, who does what, how it works, and at what point the citizens can become involved. Ms. Kerns provided some flyers about the meeting for anyone who might be interested. PUBLIC HEARING Rezoning 404 -04 of the Bean Property, submitted by Greenway Engineering, to rezone five acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located on Bean's Pond Lane, approximately '/2 mile north of Senseny Road. This site adjoins the Lynnhaven and Sovereign Village Subdivisions and is identified by P.I.N. 55 -A -208 in the Red Bud Magisterial District. Action - Recommended Approval with Proffers Count} Planner, Jeremy F. Camp, stated that on December 8, 1999, all of the land around the subject five -acre site was rezoned to the RP (Residential Performance) District under Rezoning Application #15-99 of Channing Drive. Planner Camp explained that this land is collectively referred to as Charing Drive and independently as the Lynnehaven, Giles, and Fu -Shep properties. He said that on March 23, 2004, the Frederick County Board of Supervisors adopted a resolution which enables the three developers of the Charming Drive rezoning to proceed with master development plan revisions independently of one another; he said that it is expected that the Bean property will become part of the revised Lynnehaven master development plan, if this rezoning application is approved. He said that the applicant's intent in applying for the rezoning • is to improve the lot layout within the adjacent Lynnehaven Subdivision. Planner Camp next reviewed the proffer statement which included monetary contributions for County services and traffic signalization. Mr. Evan A. Wyatt with Greenway Engineering, the design engineers for this project, was representing this application. Mr. Wyatt confirmed that the Bean property would become a part of the Lynnhaven project. He said that the monetary proffer contribution reflects what was offered with the previous Lynnehaven, Giles, and Fu -Shep projects. He said that the sum of $3,278.31 will be contributed for each single - family detached lot, $50,000 will be contributed within 30 days of final subdivision plat approval, and $12,000 will be contributed towards the installation of traffic signalization at the intersection of Greenwood Road (Rt. 656) and Valley Mill Road (Rt. 659). Chairman DeHaven called for public comments, however, no one came forward to speak. Commissioners Straub and Gochenour expressed concern that the worsening of conditions along Senseny Road, and especially the increasing impact to Senseny Road Elementary School, was not appropriate, regardless of the relatively limited size of the proposed development. The majority of the Planning Commissioners, however, believed this rezoning was appropriate. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, • Frederick County Planning Commission Minutes of April 21, 2004 Page 1281 -4- • BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning #04 -04 of the Bean Property, submitted by Greenway Engineering, to rezone five acres from RA (Rural Areas) District to RP (Residential Performance) District, located on Bean's Pond Lane, approximately %2 mile north of Senseny Road, adjacent to the Lynnehaven subdivision, with proffers as submitted by the applicant. This rezoning was recommended for approval by the following majority vote: YES (TO APPROVE) Unger, Thomas, Ours, Fisher, Rosenberry, DeHaven, Morris, Watt, Kriz, Triplett NO: Gouchenour, Straub (Please note: Commissioner Light were absent from the meeting.) Conditional Use Permit 903 -04 of David Monroe for a Cottage Occupation for a machine shop. This property is located at 262 Klines Mill Road (Rt. 633), off of Route 11 South, south of the Route 11 truck scales, and is identified with P.I.N. 84 -A -68 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions • County Planner Candice E. Mills stated that the proposed use will be conducted in a two -story accessory structure approximately 1,170 square feet in size, located on the side of the property. Planner Mills said that the applicant has reported that the proposed use will have no more than two employees and all work will be conducted within the accessory structure; the applicant plans to do fabrication and repair; the customer base will be no more than ten per day, with drop -off and pick -up; the items fabricated or repaired <ill be small in nature and no heavy equipment will be brought to the site. Planner Mills said the applicant plans to construct an opaque fence at least five feet in height to screen any outdoor storage from surrounding properties and Mines Mill Road (Rt. 633); the outdoor storage area will not exceed 500 square feet. Planner Mills next read the list of recommended conditions for this cottage occupation. Mr. David Monroe, the applicant, was available to answer questions from the Commission Mr. Monroe stated that although he doesn't plan on storing anything outside of the structure, he will install the fence per the County's instruction. Commission members asked Mr. Monroe ifhe would have any problems with a condition that would require opaque screening of a specific size for any outdoor storage and that no outdoor storage would be placed in the front of the building. Mr. Monroe said he would have no problems with this condition. Chairman DeHaven called for public comments and the following persons came forward to speak: • Frederick County Planning Commission Minutes of April 21, 2004 Page 1282 -5- • Mr. Donald Snapp, an adjoining property owner, expressed concerns on what would be stored outside and where, whether or not all work would be conducted inside of the structure, the amount of noise associated with this type of work, and the hours and days of operation. Mr. Snapp was concerned about how Mr. Monroe's business might impact the resale value of his home and property, especially in light of the investment he and his wife have made in their home. Mr. Wallace Bowman, an adjoining property owner, supported Mr. Monroe's proposed business with the conditions recommended by the staff. Mr. Monroe returned to the podium and stated that this is a secondary income for him; he will be keeping his full -time job. Mr. Monroe said that he would not be making noise in the late hours of the night nor did he want to bother any of his neighbors. Commissioner Unger moved for approval of the conditional use permit and this motion was seconded by Commissioner Kriz. Commissioner Thomas asked for consideration of an addition to Condition #5 specifying that the outside storage area must be to the side or rear of the building. Commissioner Unger and Commissioner Kriz both concurred with this amended condition. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 403 -04 of David Monroe for a Cottage Occupation for a machine shop at 262 Mines Mill Road (Rt. 633) with the following conditions: All reviewing agencies comments must be complied with at all times. • 2. No more than two (2) employees associated with this use will be allowed. 3. All repair work shall be done completely within the accessory structure. 4. No more than five (5) items awaiting repair shall be stored outside of the accessory structure. 5. All outdoor storage will be screened by opaque fencing that is no less than five feet in height, and the outdoor storage area will not exceed 500 square feet. Outdoor storage will only be allowed at the side and rear of the detached garage; storage of materials waiting repair will not be stored at the front of the detached garage. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and will not exceed four square feet in size. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. (Please note: Commissioner Light was absent from the meeting.) is Frederick County Planning Commission Minutes of April 21, 2004 Page 1283 rim Conditional Use Permit #04 -04 of Barry Eaton for a Cottage Occupation for a workshop with processing equipment, trading as Big Barry's Beef Jerky and Venison Processing, at 4694 North Frederick Pike. This property is identified with P.I.N. 30 -A -14A in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions County Planner Mark R. Cheran provided the background information and reviewing agencies' comments. Planner Cheran said the proposed use will be conducted in an accessory structure of approximately 150 square feet and the applicant anticipates having one employee on site. A Commissioner asked the staff to give a brief summary of Section 16542 (Rendering) of the code. Planner Cheran stated that this section addresses keeping the area clean and sanitary and the structure should be constructed in a manner that controls entrance ways from rodents and insects. The issue of product disposal was raised and Mr. Cheran believed that issue would fall under the jurisdiction of the Health Department. Planning Commissioners were of the opinion that the number of customers permitted under recommended Condition 44, "no more than 15 customers per day allowed," was neither reasonable or enforceable. Staff stated they had no problems raising the number, but were merely attempting to establish a threshold to gauge future expansion. Commission members believed that permitting 25 customers, rather than only 15, would be appropriate. Mr. Barry Eaton, the applicant, said that he has been field dressing deer for years for friends • and last year, he turned away numerous people. Mr. Eaton said that he processed a number of deer last year for the Hunters for the Hungry Program. As far as the rendering process, Mr. Eaton said there was no waste other than the hides, which he sells, and he incinerates the bones and fat. Commission members asked Mr. Eaton if he had a State Health Department Permit and Mr. Eaton said that he did not. There were no citizen comments. Commissioner Kriz moved to recommend approval of this application with an amendment to Condition 44, raising the number of customers allowed per day from 15 to 25. This motion was seconded by Commissioner Fisher. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 404 -04 of Barry Eaton for a Cottage Occupation for a workshop with processing equipment, trading as Big Barry's Beef Jerky and Venison Processing, at 4694 North Frederick Pike with the following conditions: All review agency comments and requirements shall be complied with at all times. Shall be in compliance with Section 165 -42 of the Frederick County Zoning Ordinance, in regard to rendering operations. • Frederick County Planning Commission Minutes of April 21, 2004 Page 1284 -7- • 3. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four square feet in size. 4. No more than 25 customers per day allowed. Any expansion or modification shall require approval of a new Conditional Use Permit. (Please note: Commissioner Light was absent from the meeting.) RURAL AREAS VISIONING MEETINGS Chairman DeHaven announced a visioning workshop for the Rural Areas Study scheduled for Thursday, April 22, at Middletown Elementary School, and a sixth meeting has been added for next Wednesday, April 28, at Indian Hollow Elementary School. Chairman DeHaven encouraged the public to attend. • ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 7:45 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary C , J Frederick County Planning Commission Minutes of April 21, 2004 Page 1285