PC_04-05-00_Meeting_MinutesM m
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 April 5, 2000.
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PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John 12- Marker, Vice- Chairman/Back
Creek District; Gregory L. Unger, Back Creek District; John H. Light, Stonewall District; S.
Blaine Wilson, Shawnee District; W. Wayne Miller, Gainesboro District; George J. Kriz,
Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon
District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vincent
DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel.
ABSENT: Robert A. Morris, Shawnee District;
STAFF PRESENT: Kris C. Tierney, Planning Director /Secretary; Evan A. Wyatt, Deputy Planning
Director; Michael T. Ruddy, Zoning Administrator; Christopher M. Mohn, Planner II; Mark R Cheran,
Planner I; and Renee' S. Arlotta, Clerk.
=o CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - FEBRUARY 15, 2000 and MARCH 1, 2000
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the mmutes of February 15,
2000 were unanimously approved as presented.
Commissioner Kriz pointed out a correction on Page 486 ofthe March 1, 2000 minutes. Upon
motion made by Mr. Kriz and seconded by Mr. Miller, the minutes of March 1, 2000 were unanim ously
approved with the correction.
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• APPLICATIONS ACTION SUMMARY
Chairman DeHaven accepted the report for the Commission's information.
COMMITTEE REPORTS
Development Review & Reeulations Subcommittee (DRRS) - 02/23/00 Mtg.
Commissioner Thomas, member of the DRRS, reported that the subcommittee discussed the
ordinance concerning wooded areas and steep slopes.
Transportation Committee - 04/04/00 Mtg.
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Commissioner Kriz, Planning Commission's liaison to the Transportation Committee, reported
that the committee endorsed a request from the Sheriff's Department to submit a grant application for highway
safety funds in the amount of $15,000; they recommended the approval of the realignment of Route 522 South
. using Alternative B, which is the Prince Frederick Drive connection to Routes 50 and 17; and finally, they will
be receiving two hard- surface road petitions for Ebenezer Church Road in Gainesboro District and Hollow )
Road in Back Creek District.
Sanitation Authority (SA)
Commissioner Miller, Planning Commission's liaison to the SA, reported that the SA has
announced negotiation of a 70 -year agreement with Global Chemstone Corporation to extract water from
quarries at Clearbrook, Middletown, and Strasburg. He said that a second meeting was held to announce the
settlement of the Costello suit and, although some concessions were made, all the water in the south quarry is
now available to the citizens of Frederick County.
Winchester Plannine Commission
Mr. Vincent DiBenedetto, Winchester City Planning Commission member, reported that the
biggest issue discussed by the Winchester City Planning Commission in the last month or so has been the
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concept of "shared parking" which is generally designed for older downtowns by encouraging the use of older
buildings.
PUBLIC HEARINGS
Conditional Use Permit #02 -00 of T. Phillip Wilfong to operate a restoration consultant business. This
property, zoned RA (Rural Areas), is located at 514 Redland Road and is identified with P.I.N.18 -A -18A
in the Gainesboro Magisterial District.
Action - Recommended Approval with Conditions
Mr. Mark R. Cheran, Planner I, read the background information and review agency
comments. Mr. Cheran stated that the applicant is currently operating as a home occupation and would like
to expand his business to service customers at this property. He explained that the business will be conducted
wholly within the principal dwelling, however, due to the applicant's desire to have a business sign, approval
as a cottage occupation is necessary.
Mr. T. Phillip Wilfong, President of R. W. Wilfong & Sons, said that his business specializes
in historic restoration. He explained that his office will be at this location but the work is done at other
locations. Mr. Wilfong had no problems with the conditions attached to his permit.
. There were no citizen comments.
Based on the limited scale of the proposed operation, the Commission believed that the use
would not have a significant impact on any of the adjoining properties.
Upon motion made by Mr. Miller and seconded by Mr. Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit 402 -00 of T. Phillip Wilfong to operate a restoration consultant business
at 514 Redland Road with the following conditions:
1. All review agency comments shall be complied with at all times.
No storage of any equipment associated with this business on the property.
Any proposed business sign shall conform to the cottage occupation sign requirement; the sign shall
not exceed four square feet.
4. Any change of use or expansion of the business will require a new conditional use permit.
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Conditional Use Permit #04 -00 of Crystal and Robert Repine to operate an adult care residence in their
home. This property, zoned RP (Residential Performance), is located at 200 Riverdale Circle and is
identified with P.I.N. 56 -4 -2-8 in the Stonewall Magisterial District
Action - Recommended Approval with Conditions
Mr. Mark R Cheran, Planner I, read the background information and Ireview agency
comments. Mr. Cheran stated that Mr. Repine has received a letter from the Department of Environmental
Quality granting a permit for domestic sewage discharge of less than or equal to 1,000 gallons per day and
authorizes discharge under the Virginia Pollutant Discharge Elimination System.
Commenting on the Repine's application whereby they desired to have six qualifying adult
residents, the Commission inquired if the applicants were aware of the major structural changes that are
required by the Building Inspections Department when increasing the number of residents from five to six.
Mr. Robert Repine, the owner and applicant, stated that they had been made aware of these
additional requirements and have decided to stay with a maxim of five qualifying residents, instead of six.
Commission members had numerous questions regarding the sewage disposal system. Mr.
Repine stated that, at this point in time, they are planning to use an engineer - designed system with three sand -
filter tanks which will discharge into a nearby creek. He said the tanks will be located in a wooded area and
only the tops of the tanks will be exposed. He reported that the closest neighbors are approximately 600' or
more from the tanks.
. Members of the Commission inquired about the requirements controlling the aesthetic
disturbance of an on -site disposal system, since this is located within a residential district. There were also
concerns about discharge into the creek. The Staff reported that the County has chosen not to regulate the use
of alternative sewage disposal systems within the County and has no regulations that would govern the
aesthetics or operation. Staff reported that the County permits alternative sewage disposal systems and relies
on the State to determine if the system is appropriate and whether or not the site meets the necessary criteria
for installation and discharge. The staff also commented that there are numerous alternative sewage disposal
systems operating throughout the County.
A member of the Corrirnission inquired of Mr. Repine if he was currently operating a
construction business from this site. Mr. Repine replied that he was. Mr. Repine said that he did store a dump
truck and a trailer in the rear of the site, but has since moved those vehicles to another location.
There were no citizen comments.
Mr. Light made a motion to approve the conditional use permit with an amendment to
Condition 43, to reduce the maximum number of qualifying adults from six to five. This motion was seconded
by Mr. Marker. The motion was approved by a majority vote, however, because some of the members still had
concerns about the alternative sewage treatment system.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit 404 -00 of Crystal and Robert Repine to operate an adult care residence at 200
Riverdale Circle in the Stonewall Magisterial District with the following conditions:
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1. All review agency comments shall be complied with at all times.
• 2. Health Department comments shall be addressed within 90 days of approval.
3. This assisted living facility shall be permitted to provide for a maximum of five qualifying adults.
4. No business sign will be permitted.
5. The applicant shall satisfy all licensing requirements of the Virginia DepartmentI of Social Services
and the County of Frederick.
6. Any change of use or expansion of the business will require a new Conditional Use Permit.
The vote on this recommendation for approval was as follows:
YES (TO APPROVE) Fisher, Kriz, Marker, Light, Unger, DeHaven
NO: Miller, Ours, Thomas, Wilson
Conditional Use Permit #05-00 of Timothy W. Johnson to operate a public garage with body repair.
This property, zoned RA (Rural Areas), is located at 4489 Martinsburg Pike and is identified with P.I.N.
33 -A -92 in the Stonewall Magisterial District.
Action - Tabled for 60 Days
Mr. Mark Cheran, Planner I, read the background information and review agency comments.
He stated that the applicant proposes to build a three -bay, 60'X 60' garage to house his business and that all
repair work shall take.place entirely within the enclosed structure. Mr. Cheran said that all exterior storage
of parts and equipment must be screened from view of surrounding properties by an op i ue fence or screen
at least five feet in height and be adequately maintained.
Commission members had concerns about the number of inoperable vehicles that would be
permitted on the property; however, it was noted that under the Zoning Ordinance, inoperable vehicles are not
permitted in the RA (Rural Areas) Zoning District, unless they are completely screened from adjoining
properties or roadways.
A member of the Commission noted that body repair usually involves painting and this needs
to be environmentally controlled so that paint and fumes do not drift to adjoining properties. Staff replied that
the Fire Marshal and the Building Inspections Department has addressed this issue and it could be further
addressed during the site plan stage of development.
Members ofthe Commission suggested amendment of Condition #4 by specifying that no more
than five automobiles waiting repair shall be permitted "exterior to the structure." It was noted that the
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proposed building was large enough to hold any additional vehicles waiting for repair on the inside, away from
• the view of adjoining property owners. F.'
Mr. Timothy W. Johnson, the owner and applicant, said that he was proposing to use an
environmentally - approved spray booth and sprinkler system. Mr. Johnson stated that since the soil consultant
he hired could not find a sufficient perc site, the Health Department recommended that he use a pump and haul
system. Mr. Johnson said that he is proposing a small business, employing his son, himself and maybe one
other employee.
Commission members inquired if Mr. Johnson had received any comments from the church
and if the proposed operation would conflict with any activities at the church. Mr. Johnson replied that he
spoke with the pastor of the church and they will be using the facility four days a month, usually on Sundays,
and they do not have any other service. Mr. Johnson said that his hours will be from 9:00 a.m. to 5:00 p.m.
weekdays and should not conflict with any activities at the church. Mr. Johnson said that he tried to speak with
all his adjoining property owners about his plans for the business.
Chairman DeHaven called for public comments and the following persons came forward to
speak:
Ms. Darian Hahn, formerly Ms. Darian Brandt, an adjoining property owner at 4469
Martinsburg Pike, raised concerns about screening, ventilation of the spray booth, hours of operation, and
where the garage will be located on the lot.
Mr. Manuel C. DeHaven, an adjoining property owner at 4273 Martinsburg Pike, with his
• daughter, Rhonda Lynch, came forward, not to protest the application, but to ask why the applicant was not
proposing to rezone the property instead of applying for a conditional use permit. Mr. DeHaven said that the
whole parcel is surrounded by commercial property. He commented that considering the type of operation
proposed, and the fact that there is no well or septic system, it would be better for the applicant to apply for
a rezoning rather than a conditional use permit.
Mr. Robert Hahn, husband of Ms. Darian Hahn who previously spoke, asked what types of
paints will be sprayed on the property.
Mr. Edward Brandt, resident at 4412 Martinsburg Pike, was concerned about the lack of
sewage capability for the property and fumes emanating from the property.
Mr. Timothy Johnson came back up to the podium and addressed the concerns ofthe adjoining
residents who spoke.
Members of the Commission shared concerns about the water and sewer issues that the
applicant had not yet had an opportunity to address; these issues would need to be addressed before the
operation could begin. Concern was raised about the significant investment the applicant is proposing to make
on the property with, at the moment, no water source and no sewage disposal potential. It was pointed out that
a conditional use permit could be revoked for any number of reasons at any point in time and is not a by -right
use. Commissioners believed there was a good argument for this property being rezoned, as opposed to
attempting this size and scope of operation on a conditional use permit.
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Commissioners asked Mr. Johnson ifhe would have a problem with atabling ofthe application
for 60 days until he had an opportunity to address the issues concerning the water source and sewage disposal
. and to also give him an opportunity to meet again with some of his neighbors. Mr. Johnson said that he would
not have any problems with tabling of his application.
In addition, members of the Commission stated that if the conditional use permit is pursued,
a tenth condition should be added to state there will be no application of flammable finishes exterior to the
building and the hours of operation under Condition #7 should be changed to 9:00 a.m. to 5:00 p.m., Monday
through Saturday.
' Upon motion made by Mr. Light and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table
Conditional Use Permit #05 -00 of Timothy W. Johnson for a public garage with body repair for 60 days in
order for the applicant to explore some of the solutions to the issues that have been raised.
Conditional Use Permit # -06 -00 of Lawrence W. Wallace, III for a cottage occupation for a gunsmith
shop. This property, zoned (RA) Rural Areas, is located at 1421 Adams Road and is identified with
P.I.N. 12 -5-21 in the Gainesboro Magisterial District.
Action - Recommended Approval with Conditions
• Mr. Mark R. Cheran, Planner I, read the background information and review agency
comments. Mr. Cheran reported that the business will be conducted in an accessory structure located in the
rear of the property, which is surrounded by natural wooded screening and buffers; the applicant proposes to
have five customers a month and operate three days per week; there will be no sales of firearms at the property;
and the applicant will not be testing any of the fire arms on the property.
Mr. Lawrence W. Wallace, III, the owner and applicant, explained that he assembles target
rifles for a regular clientele. Mr. Wallace stated that he is not open to the public and does not want to have a
sign for his business. He added that he does not test the assembled weapons on site.
Chairman DeHaven called for public comments and the following person came forward to
speak:
Mr. William Bowman, a neighbor residing at 1086 Adams Road, spoke highly of Mr. Wallace
and said he had no problems with Mr. Wallace's application for a cottage occupation for a gunsmith shop.
The Planning Commission had no issues with the proposal and based o i f t he limited scale of
the proposed use, they believed it would not impact adjoining properties.
Upon motion made by Mr. Miller and seconded by Mr. Light,
Frederick County Planning Commission
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanim ously recommend
• approval of Conditional Use Permit 406 -00 of Lawrence W. Wallace, III for a Cottage Occupation for a
gunsmith shop with the.following conditions:
All review agency comments shall be complied with at all times.
2. No business sign will be permitted.
Any change of use or expansion of the business will require a new Conditional Use Permit.
Rezoning #01 -00 of Powell's Plumbing to rezone 3.01 acres from B2 (Business General) to B3 (Industrial
Transition). This property is located on Windy Hill Lane (Rt.1370), west of Front Royal Pike (Rt. 522),
and is identified with P.I.N. 64A -4G in the Shawnee Magisterial District.
Action - Recommended Approval
Mr. Christopher M. Mohn, Planner 11, read the background information and the reviewing
agencies' comments. Mr. Mohn pointed out three potential issues associated with the proposed rezoning to B3:
First, the B3 zoning would allow the development ofheavy commercial uses on the property which are typically
prohibited within the B2 Districts. Second, the B3 zoning has the potential for generating a greater amount
of truck traffic; and third, the high degree of visibility inherent with the location of the parcel may result in the
use of the site impacting the viewshed of the public right -of -way. Mr. Mohn stated that the zoning ordinance
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requires the development of buffers and screening between properties zoned B3 and 132; therefore, the impact
on adjoining properties associated with the allowance of heavy commercial use development could be
adequately mitigated if the rezoning was approved.
Members of the Commission asked the applicant if he was prepared to address the issue of
the visualimpacts of the development on the viewshed from the public right -0f - -ways. Another question raised
was whether or not the property would be impacted by the widening of I -81.
Mr. Jason Thomas with Greenway Engineering, the design-engineering firm representing the
applicant, stated that they were prepared to work with the Planning Staff during the site plan stage of
development in order to address visibility and other issues raised by the staff and Commission. Mr. Thomas
said that they received a response letter from VDOT with six comments, none of which expressed concern
about the I -81 widening. He did not believe VDOT's I -81 plans affected this property.
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The Commission believed the proposed rezoning was consistent with the land use policies
described in the Comprehensive Policy Plan and the statement of intent in the Frederick County Zoning
Ordinance.
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 Rezoning Application #01 -00 of Powell's Plumbing to rezone 3.01 acres, identified with P.I.N.
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64 -A4G, from B2 (Business General) to B3 (Industrial Transition) with the stipulation that the applicant
adequately addresses the issues identified by the staff, in addition to any comments made by the Planning
. Commission and Board of Supervisors.
Rezoning Application 902 -00 of Adams Family Limited Partnership to rezone 35.396 acres from MI
(Light Industrial) to RP (Residential Performance). This property is a part of the Airport Business
Center, Section II, and is accessible from Bentley Avenue via Front Royal Pike (Rt. 522) and is identified
by P.I.N. 64 -A -40 in the Shawnee Magisterial District.
Action - Recommended Approval
Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review
agency comments. Mr. Wyatt pointed out several potential impacts associated with the residential development
of this parcel: First, the projected 479 vehicle trips per day generated will be directed through residential
subdivisions and, although VDOT has not indicated that the local street system is incapable of accommodating
the additional traffic, they have suggested that the intersection point may need to be relocated. Second, due
to the comments from the Winchester Regional Airport's Executive Director cautioning that existing flight
patterns will most likely create noise and visual impacts from aircraft, the Executive Director has recommended
that the applicant incorporate a disclosure of this activity within sales literature and property deed information
for future lot purchasers. Third, although the County's Capital Facilities Fiscal Impact Model has
demonstrated a negative fiscal impact for capital facilities needs, the applicant has proffered to limit the
development of the acreage and to provide a monetary contribution for each developed residential lot in an
. amount that is consistent with the results of the Impact Model.
Mr. John C. Lewis, P.E. of Painter - Lewis, P.L.C., the design engineer for the project, stated
that this 35 acres is the same acreage referenced as "future residential area" on the original master plan for the
Airport Business Center, which was completed in 1988 and revised in 1996. He said that the applicants believe
this is the best use for this particular parcel.
Ms. 'Peggy Carter, a representative of the Chapel Hill Subdivision Homeowners Association,
stated that the residents are very concerned about the additional traffic that will be utilizing Bentley Drive and
the fact that VDOT has suggested that the access point through Chapel Hill may have to be relocated. Ms.
Carter said that, in addition, the residents are not happy with the idea of tree removal on the subject parcel
because the trees create a buffer from the noise coming from the airport and the Winchester Speedway.
Commission members were in agreement that the comments of the Winchester Regional
Airport's Executive Director, S. R Manuel, in her letter of February 24, 2000, recommending that the
applicant incorporate a disclosure in sales literature and property deed information for future lot purchasers,
was indeed something that should be adhered to.
Members of the Commission were also in agreement in their desire to see curb, gutter, and
sidewalks incorporated withinthe proposed development. It was pointed out that the zoning ordinance requires
12,000 -square -foot lots or less to have curb and gutter; however, if the applicant decided to go with larger lots,
it would not be required. The staff suggested that it may be appropriate for the applicant to consider using the
proffer statement as a mechanism to ensure that the use of curb, gutter, and sidewalks, along with the
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disclosure regarding airport flight patterns, are realized in this development.
• (;.
Mr. Lewis returned to the podium and stated that they have chosen to use the 12,000 square
foot lots because it is their intention for curb and gutter to be installed. He said that they have no problem
clarifying this in the proffer language. Regarding the concern about additional traffic, Mr. Lewis stated that
he believed Chapel Hill Road was not designed to carry much more traffic than the Chapel Hill subdivision
itself. He believed that was the reason, during review of the Morgaine Trace Master Plan, that a note was
added stating access would be allowed to this 35 acres through the Morgaine Trace subdivision. Mr. Lewis
stated that the issue would need to be addressed at the site plan stage.
A member of the Commission commented that using the Capital Facilitie i Impact Model
calculations, the applicant's proffer covers approximately 60% of the impact per lot. Mr. Wyatt stated that
the Board of Supervisors has directed the staff to implement the model in this manner, which nets out to 50%
of the capital facilities fiscal impacts for public schools and parks and recreation and 100% of all others.
Upon motion made by Mr. Miller and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application #02 -00 of Adams Family Limited Partnership to rezone 35.396 acres from
Ml (Light Industrial) to RP (Residential Performance) for single - family detached urban residential lots with
the stipulation that the development incorporates curb, gutter, and sidewalks and that a notation is recorded
on the deeds cautioning that existing flight patterns of aircraft using the Winchester Regional Airport will most
likely create noise and visual impacts.
• (Note: Mr. Greg Unger abstained from this vote.)
PUBLIC MEETING
Request for an exemption to the 50' right -of -way requirement of Section 144- 31.C(3) of the Frederick
County Subdivision Ordinance by Thomas P. Martin for a two-lot subdivision. This property is located
on Valley View Drive, off Old Bethel Church Road (Rt. 608), and is identified with P.I.N. 41 =A -9 in the
Gainesboro Magisterial District.
Action - Recommended Denial
Mr. Michael T. Ruddy, Zoning Administrator, reported that staff has received a request from
Ms. Betty Bowen of Re -Max Realty, on behalf of Mr. Thomas P. Martin, to gain an exemption to the 50' right -
of -way width requirement of the Subdivision Ordinance, Section 144- 31.C(3). Mr. Ruddy explained that Mr.
Martin owns a 21.7 -acre parcel within a large -lot subdivision and access to the property is via a private road
system with an existing 30' right -of -way width which is owned by others. Mr. Martin is requesting that this
land division be exempt from the 50' requirement so that the existing right -of -way may be utilized.
Mr. Ruddy continued, stating that the request has not demonstrated that an unusual situation
exists and adherence to the regulations would result in substantial injustice or hardship. He said that the
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applicant has provided two letters from adjoining property owners stating that they are not willing to provide
additional land for the expansion of the right -of -way. Mr. Ruddy stated that the letters are inconsequential as
the ability exists on the Martin property to expand the right -of -way in this area. He added that the existing
right -of -way runs through six additional properties prior to connecting with Old Bethel Church Road.
Chairman DeHaven asked about the status of Upland Road. Mr. Ruddy replied that it is State -
maintained to the intersection with Valley View Drive.
Mr. Elliott Ritchie, Jr., the land surveyor for Mr. Martin, pointed out that Upland Road which
comes off of Route 608, is a 40' -wide, State - maintained right-of-way. Mr. Ritchie said that a 1990 plat by
BM &G Investments dedicated an additional 30' -wide rightof- -way across Lot 2A, (the first lot subdivided) that
adjoins this property; therefore, there exists a stretch from Lot 2A over to Mr. Martin's property, which is
approximately. 700' and is a 30' wide right-of-way. He stated that a subdivision plat was approved by the
County on December 30, 1997 and, at that time, additional right -of -way across this property was not required.
Mr. Richie said that Mr. Martinis willing to put all of the 50' wide easement on his lot, if necessary; however,
the 30' -wide, 700' strip remains.
Chairman DeHaven called for any other public comments, however, no one came forward to
speak.
The Planning Commission believed that Mr. Martin had not demonstrated any effort to secure
the additional right-of-way across the 700' strip on Lot 2A.
Upon motion made by Mr. Ours and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of the
request for an exemption to the 50' right-of-way requirement of Section 144 -3 LC(3) of the Frederick County
Subdivision Ordinance by Thomas P. Martin for a two -lot subdivision.
The vote on this recommendation was as follows:
YES (TO DENY) Light, Marker, Wilson, Thomas, Ours, Miller, Kriz, Fisher
NO: Unger, DeHaven
(Mr. Morris was absent from this meeting.)
Request for an exemption to the access requirements for major rural subdivisions of Section 144- 31.B(2)
of the Frederick County Subdivision Ordinance by John E. Folds of Melbourne Properties, Inc. for aten-
lot major rural subdivision. The proposed subdivision is located adjacent to the West Virginia State line,
in the vicinity of Route 522 North, and is identified with P.I.N. 2 -A -3A in the Gainesboro District.
Action - Tabled for 60 Days at the Applicant's Request
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Mr. Michael T. Ruddy, Zoning Administrator, stated that the staff received a phone call from
• the applicant, just prior to this evening's meeting, who is requesting tabling ofhis request. Mr. Ruddy reviewed'
the background information with the Commission. ✓
Upon motion made by Mr. Wilson and seconded by Mr. Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the
above - referenced exemption request, at the applicant's request, for 60 days.
DISCUSSION ITEMS
Proposed Amendment to the Frederick County Zoning Ordinance to permit Advertising Specialties -
Wholesale (SIC 95199) uses in the B2 (Business General) Zoning District.
No Action - Scheduled for Public Hearing
Mr. Christopher M. Mohn, Planner II, stated that a request has been submitted by Mr. Ralph
Beeman of Greenway Engineering, on behalf of TIC Enterprises (Signet Screen Services and Embroidery) to
amendthe Zoning Ordinance to permit Advertising Specialties - Wholesale (SIC #5199) uses in the B2 (Business
General) Zoning District. Mr. Mohn said that the request was considered by the Development Review and
Regulations Subcommittee (DRRS) at their February 23, 2000 meeting, who recommended that this activity
• be allowed as a permitted use. The DRRS further recommended that performance standards be adopted to
ensure that the scale and operation of such uses would remain consistent with the intent of the B2 District. Mr.
Mohn proceeded by reviewing the proposed amendment with the Commission.
A representative with Greenway Engineering, Mr. Claus Bader, stated that the proposed use
is a low -traffic generator, consisting mostly of automobiles with minimal truck traffic. The impetus for the
change is that Signet Screen, a local County business, has purchased a piece of property in a B2 District.
Through the site plan review process, it was determined that their use did not fall within the B2 Zoning District.
The Planning Commission believed the request was appropriate. The Commission instructed
the staff to proceed with advertising for public hearing.
OTHER
Committee Appointments - Northeast Land Use Study, CPPS, & DRRS
Chairman DeHaven stated that in light ofthe fact that the Commission has recently authorized
temporary committee members, several local citizens, from the area to be included in the Northeast Land Use
Study, have been invited to participate in the study. Chairman DeHaven formally appointed Mr. Thomas W.
Stephonson and Mr. Mark E. Stivers to the Comprehensive Plans and Programs Subcommittee (CPPS) for the
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Minutes of April 5, 2000 Page 50'
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duration ofthe Northeast Land Use Plan. Chairman DeHaven also appointed Ms. Diane S. Kearns as a citizen
member of the CPPS and Mr. Gary W. Dove as a citizen member of the Development Review and Regulations
• (DRRS).
Discussion Regarding Revisions to the Wheatlands Master Development Plan 4006 -89 (tentatively re-
named "Shenandoah").
Mr. Kris C. Tierney, Planning Director, stated that the Dogwood Development Group of
Reston, Virginia has requested time on the Commission's agenda to present a concept for the redesign of the
Wheatlands property in southeastern Frederick County. Mr.Tiemey said that the concept to be presented by
the Dogwood Development Group is for an "active adult and primary home community," tentatively to be
known as "Shenandoah." He said that preliminary discussions with the representatives of Dogwood
Development Group indicate that they will be seeking a number of amendments to the County's R5 (Residential
Recreational Community) Zoning, as well as the Subdivision Ordinance. He added that among other aspects
of the proposal, the developer desires to have private roads within a portion of their development, and desires
amendments to certain setback, buffering, and height regulations.
Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., the design - engineering firm
for the Dogwood Development Group, introduced himself and the Dogwood Development Group
representatives, Mr. Ray Smith and Mr. Mark Helmer. Mr. Maddox and Mr. Smith presented the concept of
the development, how they planned to redesign the property, and the proposed road layout.
• No action was needed or taken by the Commission at this time.
ADJOURNMENT
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No further business remained to be discussed and the meeting adjourned at 10:30 p.m. by
unanimous vote.
Respectfully submitted,
Kris C. Tie ey— Secrefary�
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Charles S. DeHaven, Jr., Chairman
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Frederick County Planning Commission
Minutes of April 5, 2000 Page 506