PC_08-04-04_Meeting_MinutesMEETING MINUTES
• OF THE
COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on August 4, 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; Marie F. Straub, Red Bud District; William C. Rosenberry, Shawnee District; Robert A.
Morris, 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.
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.
• CALL TO ORDER
•
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - JULY 7, 2004
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
minutes of July 7, 2004 were unanimously approved as presented.
Development Review & Regulations Subcommittee (DRRS) - 07/29/04 Mtg.
further study.
Commissioner Thomas reported the DRRS talked about a number of items that will need
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Comprehensive Plans & Programs Subcommittee (CPPS)
Commissioner Light reported that the CPPS will be having a meeting on August 9, 2004 to
present the first rough draft of the Rural Areas Study Comprehensive Plan Amendments.
Transportation Committee - 08/03/04 Mtg.
Commissioner Kriz reported that two items were on the Transportation Committee's agenda.
One item was the alternative routes for no through truck traffic on Brucetown Road. Commissioner Kriz said
there is really no viable alternative and, therefore, no recommendation will be coming forward. The second
item was the review of the hard- surface improvement project rating system policy, initiated by the inclusion
of the Rural Rustic Roads in Frederick County.
PUBLIC HEARING
Conditional Use Permit 916 -04 of Soon H. Kang to reestablish a legal non - conforming use. The property,
zoned RP (Residential Performance), is located at 623 Front Royal Pike (Rt. 5225) and is identified with
P.I.N. 64B -A -87 in the Shawnee Magisterial District.
Action - Recommended Approval with Conditions
Planner Mark R. Cheran stated that this proposed use is to reestablish a non - conforming use
for a convenience store. Planner Cheran said that a convenience store, trading as Mooreland's Stop and Save,
and Boyce's Western Shop were two of the stores that operated on this property in prior years. He reported
no negative comments from any of the reviewing agencies. Planner Cheran next read a list of recommended
conditions, should the Planning Commission find the use to be appropriate.
Ms. Soon H. Kang, the applicant and property owner, was present to answer questions from
the Commission. Ms. Kang referred to one of the staff s recommended conditions that prohibited the use of
an illuminated sign; she believed it was crucial for a convenience store to have an illuminated sign, especially
since her hours would extend to 8:00 p.m. in the evening. All of the remaining conditions were satisfactory to
the applicant.
Commissioners had questions for the applicant on the kinds of items that would be sold in the
convenience store and the proposed hours of operation. They also questioned the staff about any possible
adverse impacts if the applicant were to have an illuminated sign.
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• Ms. Kang replied she would be selling items similar to a 7/11 -type convenience store with a
deli and she also intended to apply for an ABC license. Her proposed hours of operation were 8:00 a.m. until
8:00 p.m. daily, except Sundays.
Planner Cheran commented that the applicant was simply reestablishing a previous business
use that was conducted on this property. He could not foresee any adverse affect to having an illuminated sign,
although he did not recall the previous businesses having one.
' Chairman DeHaven called for public comments and the following persons came forward to
speak in favor of the proposed use.
Mrs. Pamela Mooreland Goode came forward and stated that her family previously owned and
operated Mooreland's Stop and Shop Grocery for 19 years with an ABC license and gas pumps. Mrs. Goode
proceeded to relay the history of this property to the Commission, noting that it was a grocery store in 1968;
the store was operated by four consecutive families; and the building was originally built in the 1940s as a bar,
trading as "The Plaza." Mrs. Mooreland said that her property abuts the Kang's property on the north and
west sides and her home sits behind the store. Mrs. Mooreland said that the previous owners had let the
building and grounds deteriorate, but since the Kang's purchased it, they have worked hard to improve its
appearance. She said that the Kangs have painted, torn down dilapidated buildings, and have replaced
windows, etc., all of which she and the neighborhood have appreciated. Mrs. Mooreland said that numerous
folks have approached her to say they miss the store and she thought it would be nice to have the store restored.
Mrs. Beverly Mooreland came forward and stated that she and her husband operated the
is grocery store for many years. Mrs. Mooreland said she would like to see the building reestablished as a
grocery store.
Commission members believed that reestablishing the grocery store use on this property was
appropnate.
Commissioner Fisher moved to recommend approval of this conditional use permit including
the conditions as recommended by the staff, but with the exception that Condition Number 4 be amended to
eliminate the statement prohibiting an illuminated sign. This motion was seconded by Commissioner Triplett
and was approved unanimously.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit 416 -04 of Soon H. Kang to reestablish a legal non - conforming use at 623
Front Royal Pike (Rt. 522S) with the following conditions:
All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed
and complied with at all times.
2. Prior to operation of this business, a minor site plan approved by Frederick County will be required.
VDOT and Fire Marshall requirements will be addressed on this site plan.
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3. No new signs shall be allowed.
4. Replacement of existing, freestanding business sign on the property will be allowed. Sign shall not
exceed 25 feet in size and 18 feet in height.
5. No retail sale of gasoline will be allowed.
6. Any expansion or modification of this use shall require approval of a new Conditional Use Permit.
An ordinance to amend the Frederick County Code, Chapter 165, Zoning Ordinance, Article X, Business
and Industrial Zoning Districts, Section 165 -82, District Use Regulations, (B) B2 Business General
District, by excluding the listed permitted SIC uses.
Action - Recommended Approval
Planner Mark R. Cheran stated that the Development Review and Regulations Subcommittee
(DRRS) recommended the exclusion of Standard Industrial Classification (SIC) uses from the B2 (Business
General) Zoning District at their meeting on April 29, 2004. Planner Cheran reported that the DRRS believed
these SIC uses may not be appropriate, nor meet the intent of the B2 Zoning District and they recommended
• the uses simply be added to the appropriate zoning districts. He said that during the Planning Commission's
discussion of this issue on June 2, 2004, members believed the amendment would assist in clarification of the
code and they endorsed the recommendation by the DRRS. Planner Cheran said that the Board of Supervisors
discussed the ordinance amendment at their July 14, 2004 meeting and instructed the staff to proceed with
scheduling of a public hearing.
Chairman DeHaven called for public comments, however, no one stepped forward to speak.
No issues of concern were raised by the Planning Commission. Upon motion made by
Commissioner Ours and seconded by Commissioner Kriz,
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 Ordinance, Article X,
Business and Industrial Zoning Districts, Section 165 -82 District Use Regulations, (B) B2 Business General
District, by excluding the listed permitted SIC uses.
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• An ordinance to amend the Frederick County Code, Chapter 144, Subdivision of Land, Section 17,
Streets, Article L, Curbs and Gutters, to clarify language regarding residential curb and gutter
requirements; specifically, that residential developments with lot sizes less than 15,000 square feet would
require curb and gutter.
Action - Recommended Approval
Planner Mark R. Cheran reported that the Development Review and Regulations
Subcommittee (DRRS) recommended a change to Section 144 -17L of the Subdivision Ordinance at its meeting
on April 29, 2004. Planner Cheran said that the suggested text amendment would clarify that residential
developments with lot sizes less than 15,000 square feet would require curb and gutter. He explained that this
amendment was not a new requirement, but merely clarified the existing language. Planner Cheran said that
the Planning Commission endorsed the DRRS's recommendation during their discussion of this issue on June
2, 2004 and on July 14, 2004, the Board of Supervisors instructed the staff to proceed with scheduling a public
hearing.
Regarding the last sentence in Section L, "...The Planning Commission may allow for
alternatives to curbs and gutters..." Commissioner Morris inquired if this might include low intensity
development proposals that would be absent curbs and gutters. Planner Cheran replied this was correct.
Chairman DeHaven called for public comments, however, no one came forward to speak.
No other questions or issues were raised. Commission members endorsed this clarification
to the wording of the ordinance.
r Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of an ordinance to amend the Frederick County Code, Chapter 144, Subdivision of Land, Section 17,
Streets, Article L, Curbs and Gutters, to clarify language regarding residential curb and gutter requirements;
specifically, that residential developments with lot sizes less than 15,000 square feet would require curb and
gutter.
OTHER
Commissioner Straub mentioned to the Commission that she receives the periodical, "Tri-State
Business Journal," and she reported to the Commission about an article where silos are being used as cell
towers. Commissioner Straub believed this would be a preferable visual alternative to monopole and lattice
towers out in the rural areas of the County. She requested that the Planning Department review these
alternative cell towers for possible use in the rural areas.
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• ADJOURNMENT
No further business remained to be discussed and the Planning Commission adjourned by a
unanimous vote at 7:20 p.m.
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Respectfully submitted,