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PC_01-05-00_Meeting_MinutesF , MEETING MINUTES OF THE • FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 5, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice - Chairman/ Back Creek District; Marjorie H. Copenhaver, Back Creek District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; Terry Stone, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District STAFF PRESENT: Kris C. Tierney, Planning Director /Secretary; Evan A. Wyatt, Deputy Planning Director; Christopher M. Mohn, 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. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 12/20/99 Mtg. Mrs. Marjorie Copenhaver, subcommittee member, reminded the Commission of the two Northeast Land Use Study public information meetings scheduled for January 13 and January 18 at 7:00 p.m. in the Stonewall Elementary School Cafeteria. Frederick County Planning Commission Minutes of January 5, 2000 Page 45( i 2- 0 ------- - - - - -- Sanitation Authority (SA) - 12/21/99 Mtg. Mrs. Marjorie Copenhaver, Planning Commission's Liaison to the SA, reported the following topics from the last SA meeting: Engineer/Director, Wellington Jones, reviewed the Drought Management Plan; discussion on closing the Echo Village Lagoon; approved a contract with the owners of the Long Acre Kennel property; the status of the Northwest Water Storage Tank. Winchester Planning Commission Mr. Vincent DiBenedetto, Winchester City's Liaison, reported that Chairman Richard DeBergh has reached his term limit, which is two four -year terms, on the Winchester City Planning Commission. He said that the City Council chose to appoint Broc Johnson to a four -year term on the Commission. 0 PUBLIC HEARINGS Conditional Use Permit #29 -99 of John Chamberlain Bellingham and Claire Austin Bellingham for a Cottage Occupation to establish a counseling practice. This property is located at 200 Crestwood Lane (zoned RP- Residential Performance) and is identified with P.I.N. 63B- 2 -2 -74 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Mr. Mark R. Cheran, Planner I, read the background information and review agency comments. He said that the applicants have stated that the counseling practice will be conducted in a separate room of their home, the number of clients seen on a weekly basis will not exceed ten, and there will be no weekend hours. Mr. Cheran added that the adjoining properties are located approximately 25 feet from the principal structure and no screening or buffers will be required. Mr. John Chamberlain Bellingham and Claire Austin Bellingham, the applicants/ owners, were available to answer questions from the Commission. A member of the Commission inquired of the Bellinghams if they were aware of any deed covenants that would preclude business in this particular development. Mrs. Bellingham stated that before Frederick County Planning Commission Minutes of January 5, 2000 Page 457 i -3- moving into Woodbrook Village, they checked with Mr. Jim Vickers, the owner/builder, and he waived the covenants that preclude any home occupations. There were no public comments. Based on the limited scale of the proposed use, the Commission believed the use would not have a significant impact on the adjoining properties. Upon motion made by Mr. Romine and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #29 -99 of John Chamberlain Bellingham and Claire Austin Bellingham for a Cottage Occupation for a Counseling Service at 200 Crestwood Lane in the Back Creek District with the following conditions: All review agency comments shall be complied with at all times. 2. Days of operation shall be limited to weekdays only. 3. Any expansion of use will require a new Conditional Use Permit. • Conditional Use Permit #30 -99 of "The Van Man" submitted by Winchester Motor Service to operate a public garage without body repair. This property is located at 2372 Berryville Pike (zoned RA -Rural Areas) and is identified with P.I.N. 55 -A -102 in the Stonewall Magisterial District. Action - Recommended Approval w/ Conditions Mr. Mark Cheran, Planner I, read the background information and review agency comments. Mr. Cheran stated that the business will be located in a 24'X 24' garage located on the property fronting on Route 7 and is located on property that is being used as a legally non - conforming salvage yard. He explained that this non - conforming use was established prior to November 1973, when the Frederick County Zoning Ordinance was enacted. He said that the adjoining properties are setback 50' from the property as required in the RA (Rural Areas) District and 100' from the garage where the business will be located. Mr. Cheran added that the applicant's use of this business will not impact or expand the nonconforming status of the property. He further added that prior to operation of the business, the Fire Marshal's comments need to be addressed, as well as the VDOT comments on entrance requirements. Ms. Sheila Marie Beach, the owner and applicant, was available to answer questions from the Commission. Ms. Beach stated that Mr. Clark S. Loy, her step - father, turned the business over to her and her plans were to continue with the salvage business, however, she will not continue to buy and sell vehicles. A member of the Commission inquired as to how the County would distinguish between the salvage yard vehicles and the vehicles associated with the public garage awaiting repair. Mr. Cheran explained 0 Frederick County Planning Commission Minutes of January 5, 2000 Page 458 I A -4- that two businesses will be operating on this property—one with a conditional use permit (CUP), the public • garage, and one as a non - conforming use, the salvage yard. He said that vehicles associated with the public garage must be legal to operate on the roads of Frederick County, i.e. must have a valid inspection sticker, county sticker, and license plate; vehicles associated with the salvage yard will not be registered vehicles. speak: Chairman DeHaven called for public comment and the following persons came forward to Mr. Dionisio Urena, an adjoining property owner at 227 Cavalry Drive, asked if the boundaries of the legal non - conforming use of the salvage yard had already been exceeded by the discontinuance of the operation before Mrs. Beach acquired it. The Planning Staff addressed Mr. Urena's concern and stated that if the use is discontinued for more than one year, it is considered abandoned and an application for a CUP could be made to re- establish a previously - existing, non - conforming use. It was noted that in this case, however, the use was determined not to have been discontinued as evidenced by the yearly issuance of a salvage license and a county business license to the property owner, Mr. Larry P. Ulsh, an adjoining property owner at 221 Cavalry Drive, stated that the auto repair operation has been ongoing at this location for the past few weeks. He said that repair work is taking place at all hours, including 9:30 p.m. and 10:30 p.m., and on weekends. Mr. Ulsh was concerned that the setbacks were not being met towards adjoining residential properties. He mentioned the existence of a residence and livestock on the property. Mr. Ulsh was concerned about security because there was no fence along the rear of the salvage yard and he was also concerned about pollution of the creek that runs through the property O by fluids draining from the inoperable vehicles. Mr. and Mrs. James Freeman, adjoining property owners at 231 Cavalry Drive, next came before the Commission to speak. Mr. Freeman said that the salvage yard is an eyesore. He said that when he and Mrs. Freeman bought their lot three years ago, there were perhaps three or four vehicles on Mrs. Beach's property, however, now there are approximately 75 to 150. Mr. Freeman expressed his aggravation with the noise and banging as late as 10:00 p.m. and 12:00 p.m. at night, along with dogs barking and lights that are on all through the night. Mr. Freeman said that because there is no fence around the rear of the property, children from the neighborhood go into the salvage yard and play. Mrs. Freeman believed the condition of the property has gotten progressively worse in the last three years. She said that they have made numerous complaints and have asked Frederick County officials and sheriffs to come out to the property. Commission members discussed the possibility of having the owner place a fence around the salvage yard for safety and screening purposes. Mrs. Beach commented that she has made considerable progress towards cleaning up the property. She said that she removed 800 vehicles from the upper and lower lots and numerous tires because Frederick County had asked her to do so. Mrs. Beach stated that the vehicles located in the rear area were not placed there by her, but she intends to have them removed. She said that her future plans were to place clusters of pines in the back area. Mrs. Beach added that she inherited this property with all its junk and that it will take her some time and money to clean it up. Members of the Planning Commission had concerns about the appearance of the property, especially since this was one of the major corridors coming into Frederick County. In addition, they were concerned about its appearance because of the efforts that have been put forth in the last seven or eight years 0 Frederick County Planning Commission Minutes of January 5, 2000 Page 45S or 5- by Frederick County and the City of Winchester towards developing the major corridors. In response to the . residents who spoke, the Commission believed their concerns were legitimate and the question of whether the residents and the County would be better served by voting against or for the CUP was debated. Commissioners believed that if the CUP was granted, the regulations and the law would work for the residents in case the undesirable situations continued. Upon motion made by Mr. Morris and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #30 -99 of "The Van Man" submitted by Winchester Motor Service to operate a public garage without body repair at 2372 Berryville Pike with the following conditions: L All review agency comments shall be complied with at all times. 2. Fire Marshal comments to be complied within 30 days of permit approval. 3. All work shall be accomplished within an enclosed structure. 4. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not exceed four square feet. 5. No outdoor storage of equipment associated with the business. 6. No more than five vehicles awaiting repair shall be permitted. . 7. Hours of operation shall be from 7:00 a.m. to 7:00 p.m., Monday through Saturday. 8. No expansion of the legally non - conforming salvage yard will be permitted. 9. Any change of use or expansion of the business will require a new Conditional Use Permit. This conditional use permit was approved by the following majority vote: YES (TO APPROVE) Ours, Thomas, Romine, DcHaven, Marker, Copenhaver, Light, Marker NO: Miller, Stone TEA -21 (Transportation Equity Act) Enhancement Project Funding Proposal: To establish a TEA -21 Enhancement Project for Frederick County for the provision of a facility for bicycles and pedestrians. This TEA -21 Enhancement project will develop Phase II of the Sherando Bicycle and Pedestrian Facility through the portion of Sherando Regional Park located on the north side of Fairfax Pike (Rt. 277). Action - Recommended Approval I� Frederick County Planning Commission Minutes of January 5, 2000 Page 46C ss Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Planning Department, working • in conjunction with the Parks & Recreation Department, has prepared a Transportation Efficiency Act (TEA - 21) grant application for consideration by the Commonwealth Transportation Board (CTB). He said that this particular grant application is for the development of Phase II of the Sherando Bicycle and Pedestrian Facility. Mr. Wyatt pointed out the location of the proposed facility on a map. He stated that Phase 11 of the facility would be developed as a 10' -wide asphalt path within a 20' easement, spanning a distance of 3,200'. Mr. Wyatt next explained the anticipated costs and local shares. Chairman DeHaven called for public comment, however, no one was present to speak. The Planning Commission believed this project would establish the necessary linkage to develop a comprehensive bicycle and pedestrian facility within this portion of the County. They recognized the benefit of providing residential subdivisions with the ability to access the Sherando Regional Park and the Sherando High School through an alternative transportation system. Upon motion made by Mr. Romine and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the TEA -21 (Transportation Equity Act) Enhancement Project Funding Proposal for the provision of a facility for bicycles and pedestrians and will develop Phase 11 of the Sherando Bicycle and Pedestrian Facility through the portion of Sherando Regional Park located on the north side of Fairfax Pike (Rt. 277). • TEA -21 (Transportation Equity Act) Enhancement Project Funding Proposal: To establish a joint TEA - 21 Enhancement Project for Frederick County and the City of Winchester and to assist with the acquisition of the remainder of the historic Kernstown Battlefield site. This TEA -21 Enhancement project is a continuance of the grant application which was successful in securing funds to acquire a portion of the Kernstown Battlefield. Complete acquisition of the Kernstown Battlefied site would be the first step toward the creation of a Civil War Battlefield Network in the City of Winchester and Frederick County. Recommended Approval Mr. Christopher M. Mohn, Planner 11, stated that Frederick County and the City of W inchester planned to submit an application for ajoint TEA -21 Enhancement Project to further assist with the acquisition of the remainder of the historic Kernstown Battlefield site. He said that this TEA -21 Enhancement Project is a continuance of two previous ISTEA grant applications that were successful in securing funds to acquire a portion of the Kernstown Battlefield. Mr. Mohn explained that complete acquisition of the Kemstown Battlefield site would be the first major step toward the creation of a Civil War Battlefield Network in Frederick County and the City of Winchester. He said that purchasing the Grim Farm and preserving the Kernstown Battlefield is a goal that is being pursued by Frederick County, the City of Winchester, and the Kemstown Battlefield Association. Chairman DeHaven called for public comment, however, no one came forward to speak. • Frederick County Planning Commission Minutes of January 5, 2000 Page 461 A i -7- The Planning Commission reviewed the application and was in support of the proposal as • presented. No issues of concern were raised. Upon motion made by Mr. Light and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the TEA -21 (Transportation Equity Act) Enhancement Project Funding Proposal to establish a joint TEA -21 Enhancement Project for Frederick County and the City of Winchester to assist with the acquisition of the remainder of the historic Kernstown Battlefield site. DISCUSSION DISCUSSION REGARDING THE 2000 -2001 CAPITAL IMPROVEMENTS PLAN FOR FREDERICK COUNTY Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans & Programs Subcommittee (CPPS) has forwarded a recommended draft ofthe 2000 -2001 Capital Improvements Plan (CIP) to the Planning Commission for discussion and consideration. Mr. Wyatt said that the CPPS evaluated new project requests provided by the Frederick County School Board, the Regional Airport Authority, and the Frederick County Parks and Recreation Department. He said that 28 projects were submitted by five agencies and departments with a total project cost of $71,825,263 and a total debt service • of $34,761,405. He said that the CIP total County cost would be $106,586,668. Members of the Commission had several questions pertaining to the County's support of the Winchester Regional Airport in the CIP. The Executive Director of the Winchester Regional Airport Authority, Serena "Renny" Manuel, was available to respond to the Commission's inquiries. Ms. Manuel explained that at this time, the Airport Authority is not their own fiscal agent. She said that even if this agency status is acquired, the Winchester Regional Airport, as do most airports throughout the State of Virginia, will require and approach supportingjurisdictions towards capital improvements and towards the operations of the facility itself. Ms. Manuel added that the Authority will still have to submit a CIP for consideration and approval and the participation level is determined by the jurisdictions themselves. Members of the Commission also discussed the issue of agencies establishing "working capital funds" for County improvements. No action was taken or needed at this time by the Planning Commission. • Frederick County Planning Commission Minutes of January 5, 2000 Page 462 IE • ELECTION OF OFFICERS & MEETING SCHEDULE FOR 2000 Election of Charles S. DeHaven, Jr., Chairman The Chairman declared nominations open for Chairman. The nomination of Charles S. DeHaven, Jr. for Chairman was made by Mr. Marker and seconded by Mr. Ours. Motion was made by Ms. Copenhaver, seconded by Mr. Thomas, and unanimously passed to close nominations for Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Charles S. DeHaven, Jr. as Chairman of the Planning Commission for the year of 2000. Election of John R. Marker, Vice Chairman Chairman DeHaven declared nominations open for Vice Chairman. The nomination of John R. Marker for Vice Chairman was made by Mrs. Copenhaver and seconded by Mr. Morris. Motion was made by Mr. Thomas, seconded by Mr. Ours, and unanimously passed to close nominations for Vice Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect John R. Marker as Vice Chairman of the Planning Commission for the year of 2000. Election of Kris C. Tierney, Secretary Miller. Chairman DeHaven declared nominations open for Secretary. The nomination of Kris C. Tierney for Secretary was made by Mr. Ours and seconded by Mr. Motion was made by Mr. Thomas, seconded by Mr. Ours, and unanimously passed to close nominations for Secretary. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Mr. Kris C. Tierney as Secretary of the Planning Commission for 2000. is Frederick County Planning Commission Minutes of January 5, 2000 Page 463 rkk 2000 Meeting Schedule Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. and worksessions on the fourth Monday of each month, as needed, at 7:30 p.m. Both the regular meetings and the worksessions will be held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia. 2000 ANNUAL RETREAT OF THE PLANNING COMMISSION Mr. Kris C. Tierney, Planning Director, reminded the Commissioners that the Planning Commission's Annual Retreat for 2000 will be held on Saturday, February 12. ADJOURNMENT • No further business remained to be discussed and the meeting adjourned at 8:30 p.m. by unanimous vote. Respectfully submitted, K C. Tie ep-Sec ry & d , . e n Charles S. DeHaven, Jr., Chairman 11 Frederick County Planning Commission Minutes of January 5, 2000 Page 464