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PC_04-04-01_Meeting_MinutesMEETING MINUTES OF THE • FREDERICK COUNTY PLANNING Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on April 4, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; S. Blaine Wilson, Shawnee District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District; Vincent DiBencdetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; 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 - FEBRUARY 21, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of February 21, 2001 were unanimously approved as presented. COMMITTEE REPORTS Development Review & ReEulations Subcommittee (DRRS) - 03/22/01 Mtg. Mr. Wyatt reported that the DRRS met with representatives of Valley Health Systems and continued discussions on the Medical Support District. Mr. Wyatt said the discussion included uses that may be appropriate and the development of standards; he said that a draft skeleton ordinance will be prepared for the committee's meeting in April. Frederick County Planning Commission Minutes of April 4, 2001 Page 647 -2- • PUBLIC HEARINGS Rezoning Application #03 -01 of Jeffrey E. Williams (tabled 02/21/01), submitted by G. W. Clifford & Associates, Inc. to rezone 1.75 acres from RA (Rural Areas) to R5 (Residential Recreational). This property is located 1.7 miles south of Double Tollgate on the west side of Rt. 340 and 522 South and is identified with P.I.N. 94 -A -1 in the Opequon Magisterial District. Action - Recommended Approval with Proffers Mr. Evan Wyatt, Planning Director, pointed out the location of the property on a map and stated that the property is located outside of the County's Urban Development Area (UDA) and Sewer and Water Service (SWSA). He said that the property has frontage on Rts. 340/522 So. within Clarke County, which is classified as a major arterial road; he said the majority of acreage surrounding this parcel is within the Shenandoah Master Development Plan. Mr. Wyatt added that the relationship of this parcel to the Shenandoah Master Development Plan suggests this acreage would be within the area of the proposed Village Center and main access road; therefore, this acreage may actually eliminate an existing residential land use without creating new residences. Mr. Wyatt continued, stating that the impacts associated with this rezoning proposal are negligible. In addition, Stephens City Volunteer Fire and Rescue Chief, Greg Lauck, indicated no concerns with the proposed project, based on his discussions with the applicant's representative. Mr. Wyatt said this • rezoning was tabled from the Commission's February 21, 2001 meeting because the property was not posted appropriately as required by State Code, however, those requirements have been met for this public hearing. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for the project, was present to represent the applicant, Mr. Jeffrey E. Williams. In response to a question from the Commission, Mr. Maddox said that this parcel will become fully incorporated into the Shenandoah project. Mr. Maddox explained that this property will be the access road for the project and via a boundary line adjustment, will be dedicated to the State. Chairman DeHaven called for public comments and the following person came forward to speak in opposition Mr. Chris Bates, a property owner directly across Rt. 522 South and a property owner in the Shawnee District of Frederick County, was concerned that the owner of the property in question was not present and he believed Mr. Maddox did not have the authority to represent the property owner. Mr. Bates also believed that not all of the contingencies of the purchase agreement for this property have been met. In addition, Mr. Bates said that the Shenandoah project had a long way to go before it came to fruition and, therefore, there was plenty of time before this rezoning should even be considered. Mr. Wyatt believed that the applicant's presence wasn't relative because the last page of the application package includes required signatures of both the owner and the applicant, therefore, Mr. Maddox has the right to represent the applicant in this case. Mr. Wyatt stated that, in addition, the property owner has is Frederick County Planning Commission Minutes of April 4, 2001 Page 64F -3- signed the proff ?r statement. • The Planning Commission believed the rezoning was appropriate and no particular issues were raised. Upon motion made by Mr. Thomas and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #03 -01 of Jeffrey E. Williams, submitted by G. W. Clifford & Associates, Inc., to rezone 1.75 acres from RA (Rural Areas) to R5 (Residential Recreational) with proffers as submitted by the applicant. Conditional Use Permit #02 -01 of David and Lisa Moore (Seasonal Colors Landscape & Lawn Maintenance, Inc.) for a landscape contracting business. This property is located at 120 Green Spring Road and is identified with P.I.N. 22 -7 -1 -4 in the Gainesboro Magisterial District. Action - Recommended Denial Chairman DeHaven stated that he would abstain from discussion and voting on this item due to a possible conflict of interest. At this point, Vice Chairman Thomas conducted the meeting. Mr. Mark R. Cheran, Planner I, read the background information and review agency comments. Mr. Cheran said that this application is in response to a zoning violation complaint the staff • received and the applicant was cited for the operation of an illegal business. He stated that the property is located within the White Hall Rural Preservation Subdivision; the property contains a residential structure with an attached three -bay garage; adjoining uses include residential, a church, and a country general store. Mr. Cheran continued, stating that the applicant advised staff that the majority of his business is conducted off -site and only office functions of the business are located on -site; there are currently eight employees who work off -site, but park their vehicles on the property; one office employee will work in the residence three days per week; and the subject property would be the residence of the property owner, as well as the office for the business operation. In addition, Mr. Cheran advised the Commission that the property contains a large gravel area adjacent to the residence which provides access to the three -bay garage, as well as the storage area for company trucks, trailers, and equipment associated with the landscape business. Mr. Cheran next read five recommended conditions, should the permit be approved. He also pointed out a petition of opposition with 18 signatures within the Commission's information package, plus he noted that staff had received three phone calls concerning the permit. Mr. David Moore, the property owner and applicant, stated that he owned seven trucks with six stored on -site; he said that his business is conducted off -site and there is no retail. Mr. Moore explained that six employees arrive in one vehicle and one secretary arrives in one vehicle. He said that he has three trailers, a skid loader, two outbuildings, and one dumpster stored on the property. Mr. Moore said that he employees six laborers, one supervisor, one foreman, and two part-time persons for a total of ten employees • Frederick County Planning Commission Minutes of April 4, 2001 Page 649 -4- besides himself and his secretary. He stated that he has been in business for three years, however, in the past • he rented a commercial lot for his storage. Mr. Moore said that he was misled by the realtor about the restrictions on the property and he was under the assumption he could operate his business at this location. Commission members had questions for the applicant about vegetative buffering, a commercial entrance, a business license, and the use of chemicals/ fertilizers. Vice Chairman Thomas called for citizen comments and the following persons came forward to speak in opposition: Mr. Carmine Russo, property owner at 571 Warm Springs Road, spoke about the trucks, trailers, equipment, tanks, a small gas tank, and other materials he has observed on the property; he could not understand how the applicant could purchase this property without knowing about the subdivision's deed covenants and restrictions. Mr. Russo believed that the materials associated with the business should be removed and the property used solely for residential use. Mr. Ralph Cumberland, property owner on Green Springs Road, said that he purchased his property in February, two houses up from Mr. Moore, at the same time Mr. Moore moved his business in. Mr. Cumberland had a copy of the deed covenants, which he said was attached to his sales contract that he received when he purchased his property. He pointed out that the covenants prohibit commercial business on the property. Mr. Cumberland mentioned the petition of opposition with 18 signatures of persons in the community; he also presented photographs. Mr. Cumberland was opposed to the business because of its intensity and its impact on the quiet tranquility of the neighborhood. • Ms. Deborah Hogan, resident at 221 Green Springs Road, stated that both she and her husband were opposed to this business being located in their residential neighborhood because of its intensity and its impact on the quiet tranquility of the neighborhood. Ms. Hogan was concerned about the precedent that may be set if the busi.Lbs is allowed to continue and she was also concerned about possible future expansion of the business. She did not understand how anyone in business would not first check with the County to make sure there were no problems with establishing a business at this location. Mr. James Brinkmyer, a resident in Green Springs Estates, stated that he has a considerable amount of money invested in his home and it was upsetting for him to see a business established in this residential area. Mr. Brinkmyer said he was opposed to Mr. Moore's business at this location because it detracted from the beauty of the country- setting. He presented photographs of Mr. Moore's property and believed it would be difficult to screen because of its high elevation. Mr. Brinkmyer said that he has observed several trucks, a couple of bobcats, and two storage tanks on the property. He also was concerned about future expansion of the business. Mr. Erik Erdal, adjoining property owner 1208 Apple Pie Ridge Road, stated that he was opposed to the conditional use permit at this location for all the same reasons previously stated by the other citizens. Mr. Erdal stated that as a realtor who has sold homes in this subdivision, it has been well advertised that the use of the lots in this subdivision is restricted. There were no other citizen comments. Vice Chairman Thomas closed the public hearing portion of the meeting and asked the applicant if he wished to make any further comments. • Frederick County Planning Commission Minutes of April 4, 2001 Page 65C -5- Mrs. Lisa Moore, wife of Mr. David Moore and co -owner and applicant, came forward to • respond to some of the concerns raised by the neighbors. Mrs. Moore stated that the realtor has admitted to mistakenly omitting the deed restrictions when she and her husband purchased the property. She said that the realtor has offered a "guaranteed buy- back" as an available option, if the conditional use permit is not approved, however, she and her husband have already invested additional money into the home that they will never get back. Individual Commission members reported observing a large parking area with numerous vehicles and various equipment, and the unsightly appearance of a dumpster on the property; they believed the property would be difficult to screen. Commissioners also believed the use of the property was far too intense to be classified as a conditional use and they believed the use would negatively impact the neighborhood. Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of Conditional Use Permit 402 -01 of David and Lisa Moore (Seasonal Colors Landscape & Lawn Maintenance, Inc.) for a landscape contracting business at 120 Green Spring Road in the Gainesboro Magisterial District. YES (FOR DENIAL) Watt, Unger, Morris, Light, Wilson, Thomas, Ours, Kriz, Fisher ABSTAIN DeHaven is PLANNING COMMISSION ADJOURNS TO WORK SESSION Upon motion made by Mr. Kriz and seconded by Mr. Light, the Commission unanimously voted to adjourn their meeting to go into a work session and then reconvene after the work session to discuss the Bylaws of the Planning Commission. WORK SESSION -PRESENTATION BY H. WELLINGTON JONES, ENGINEER/ DIRECTOR OF THE F COUNTY SANITATION AUTHORITY REGARDING WATER & SEWER ISSUES IN FREDERICK COUNTY PLANNING COMMISSION RECONVENES TO REGULAR SESSION DISCUSSION OF THE PLANNING COMMISSION BYLAWS The Planning Commission and staff proceeded with a comprehensive review of the Commission's Bylaws to ensure that procedures were up -to -date. The following recommendations were made for potential amendments to the bylaws. Frederick County Planning Commission Minutes of April 4, 2001 Page 651 ® Article 4 -3 -1 -6 was amended to state, `The Chairman shall carry out other duties as assigned by the Board of Supervisors." Article 4 -3 -2 -2 was amended to state, "The Vice - Chairman shall carry out other duties as assigned by the Board of Supervisors or the Chairman of the Commission." Article 4 -3 -3 -5 was amended to state, "The Secretary shall maintain the official minutes of the Commission and will follow the State Code requirements for maintaining other official files." Article 5 -6 -2 was amended to state, "In establishing committees, the Commission shall describe the purpose for each committee." Article 7 -7 was amended to state, "Work sessions shall be held at the adjournment of regular meetings or at the time and place set by the Commission." Article 9 -1 Order of Business - subsections were amended as follows: 9 -1 -1 Call to Order 9 -1 -2 Consideration of Minutes 9 -1 -3 Committee Reports 9 -1-4 Citizens Comments on items not on the agenda 9 -1 -5 Public Hearings 9 -1 -6 Public Meetings 9 -1 -7 Discussions • 9 -1 -8 Other 9 -1 -9 Adjournment Article 9 -2 Minutes was amended to state, "The Commission shall keep minutes of each meeting. The minutes shall not be made available to the public until they are formally adopted by the Commission. The Chairman and Secretary shall sign all minutes, following approval by the majority of the Commission." Article 9 -3 -8 Master Development Plans - was omitted Along with these amendments, the Planning Commission believed that wording should also be incorporated to give the Commission the opportunity to review the By -Laws on an annual basis. Chairman DcHaven requcsted that the staff incorporate the amendments and bring the By -Laws back to the Commission for final disposition. • Frederick County Planning Commission Minutes of April 4, 2001 Page 652 -7- ® VIRGINIA CERTIFIED PLANNING COMMISSIONERS PROGRAM Planning Director Evan A. Wyatt announced that the next available certified planning commissioners program sponsored by Virginia Tech is scheduled for June 8 and 9, 2001, with the second portion cf the program scheduled for August 17 and 18. Mr. Wyatt stated that if any Commissioner is interested in aitcalIng, please contact the staff. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 10:20 p.m. by unanimous vote. Respectfully submitted, I. Evan A. W raft, Secret y &� ec�nnL ") Lk� • Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of April 4, 2001 Page 653