PC_12-06-00_Meeting_MinutesPr
MEETING MINUTES
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 December 6, 2000.
PRESENT: Charles S. DcHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice - Chairman, Back
Creek District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; George J. Kriz,
Gainesboro District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L.
Thomas, Opequon District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook,
Legal Counsel.
ABSENT: S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; Vincent DiBenedetto,
Winchester City Liaison
STAFF PRESENT: Kris C. Tierney, Planning Director; Amy M. Lohr, Planner II; Eric R. Lawrence,
Zoning Administrator; Jeremy F. Camp, Planner 1; and Renee' S. Arlotta, Clerk.
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CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - October 18, 2000 and November 1, 2000
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of October 18,
2000 were unanimously approved as presented.
Upon motion made by Mr. Marker and seconded by Mr. Light, the minutes of November 1,
2000 were unanimously approved with corrections to Page 3 and Page 4.
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Frederick County Planning Commission
Minutes of December 6, 2000 Page 591
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• COMMITTEE REPORTS
Transportation Committee - 12/05/01 Mtg.
Mr. George Kriz reported that the Transportation Committee tabled the request to abandon
a portion of Dairy Comcr Place (Route 716) until more information is available.
Economic Development Commission - 12/01/00 Mtg.
Mr. Roger Thomas reported that the EDC discussed the upcoming year's budget and the
presentation that will be given to both the Frederick County Board of Supervisors and the Winchester City
Council.
Sanitation Authority - 11/21/00 Mtg.
Mr. Wayne Miller stated that the Sanitation Authority's Engineer /Director, Mr. Wellington
Jones, reported that funding has been made available for four of the Authority's projects: the Northem Water
Treatment Plant (Clearbrook Plant), expansion of the James H. Diehl Water Filtration Plant, the South Quarry
Pumping Station, and the raw water line and transmission main from the Diehl Plant to the headquarter's tank.
Mr. Miller said that the Authority's Chairman, Mr. Anderson, announced that the Town of Stephens City had
signed an agreement with the Authority over previous wastewater disputes.
PUBLIC HEARINGS
Proposed Amendments to the Frederick County Code, Chapter 165, Zoning, Amending Article X,
Business and Industrial Zoning Districts, Section 165- 82.B(1) and 165 -82.C, Allowed Uses. The
proposed amendments would permit Animal Speciality Services, except Veterinary (SIC #0752), in the
B2 and B3 Zoning Districts.
Action - Recommended Approval
Ms. Amy M. Lohr, Planner 11, stated that this amendment is to allow for Animal Speciality
Services, except Veterinary (SIC 40752) in the B2 (Business General) and B3 (Industrial Transition) Zoning
Districts. Ms. Lohr said that the Development Review and Regulations Subcommittee (DRRS) and Planning
Commission have held discussions regarding this amendment and are comfortable with the proposed language
associated with this amendment.
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Frederick County Planning Commission
Minutes of December 6, 2000 Page 592
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• Mr. Stephen M. Gyurisin of Triad Engineering was present as the applicant of this request.
There were no public comments regarding the proposed amendment.
Mr. Thomas stated that this proposed amendment was discussed at length at the DRRS and
the Commission could not come up with any negative aspects to the request.
No issues of concern were raised by the Commission and the members believed the amendment
request was appropriate.
Upon motion made by Mr. Thomas and seconded by Mr. Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
the adoption of text amendments to the Frederick County Code, Chapter 165, Zoning, Article X, Business and
Industrial Zoning Districts, Section 165- 82.B(1) and 165 -82.C, Allowed Uses. The proposed amendments
would permit Animal Speciality Services, except Veterinary (SIC #0752), in the B2 and B3 Zoning Districts,
as follows:
Animal Speciality Services, Except Veterinary (SIC #0752)
B2 (Business General) Zoning District
B3 (Industrial Transition) Zoning District
165 -82.B. B2 Business General District
(1) Allowed uses shall be as follows:
165 -82.C. B3 Industrial Transition District
Allowed Uses
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Frederick County Planning Commission
Minutes of December 6, 2000 Page 593
SIC - 074 Veterinary Services with all activities and animals kept within the fully enclosed
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. Proposed Amendment to the Frederick County Code, Chapter 165, Zoning, Amending Article X,
Business and Industrial Zoning Districts, Section 165 -82.A, B1 (Neighborhood Business) District,
Allowed Uses. The proposed amendment would permit Tobacco Stores and Stands (SIC #5993) in the
B1 Zoning District.
Action - Recommended Approval
Ms. Amy M. Lohr, Planner II, stated that in the SIC, these establishments are described as
primarily engaged in the retail sale of cigarettes, cigars, tobacco, and smokers' supplies. Ms. Lohr said that
the intent of the B 1 District is to provide surrounding residential neighborhoods with limited retail and personal
services. She said that business uses in this district should be small in size and should not produce substantial
vehicle traffic in excess of what is usual for residential neighborhoods.
Ms. Lohr said that at their October 26, 2000 meeting, the Development Review and
Regulations Subcommittee discussed the appropriateness of the use and did not have any objection to allowing
the proposed use in the B I District.
Chairman DeHaven called for public comment and one person came forward to speak:
Mr. Bob Pownell, a resident of Shawnee District, believed that allowing tobacco stores and
stands in BI Zoning Districts was promoting tobacco use. He said that since tobacco has been found to be a
health hazard, he was opposed to allowing it as a permitted use in the Neighborhood Business Districts.
Mr. Bill Leachman, President of Virginia Leaf, Inc. and owner of the property, believed
tobacco specialy stores were the future of tobacco retailing because access is restricted by minors. He said that
anyone under age is not permitted inside the store unless they are accompanied by a parent.
No issues of concerns were raised by the Planning Commission and members believed the use
was appropriate in the B 1 Zoning District.
Upon motion made by Mr. Miller and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend the adoption
of the amendment to the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial
Zoning Districts, Section 165 -82.A, B (Neighborhood Business) District, Allowed Uses. The proposed
amendment would permit Tobacco Stores and Stands (SIC #5993) in the B 1 Zoning District, as follows:
165 -82.A. B1 Neighborhood Business. District
Allowed uses
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Frederick County Planning Commission
Minutes of December 6, 2000 Page 594
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• This amendment was approved by the following majority vote:
YES (TO APPROVE) Miller, Fisher, Kriz, Thomas, Marker, Light, Unger, DeHaven
NO: Morris
Proposed Amendment to the Frederick County Code, Chapter 165, Zoning, Article X, Business and
Industrial Zoning Districts, Section 165 -82.A, BI (Neighborhood Business) Zoning District, Allowed
Uses. The proposed amendment would permit Accounting, Auditing, and Bookkeeping Services (SIC -
872) in the BI Zoning District.
Action - Recommended Approval
Ms. Amy Lohr, Planner 11, said that the Development Review and Regulations Subcommittee
(DRRS) considered this amendment at their October 26, 2000 meeting. The DRRS believed that an allowance
for accounting, auditing, and bookkeeping services was consistent with the stated intent of the B 1 District;
furthermore, the services defined in this category are comparable to other uses currently allowed in the B1
District, such as tax return preparation services and medical offices.
There were no public continents regarding the proposed amendment.
• No issues of concern were raised by any of the Planning Commission members.
Upon motion made by Mr. Miller and seconded by Mr. Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend the adoption
of the amendment to the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial
Zoning Districts, Section 165 -82.A, B1 (Neighborhood Business) Zoning District, Allowed Uses. The
proposed amendment would permit Accounting, Auditing, and Bookkeeping Services (SIC - 872) in the B 1
Zoning District, as follows:
165 -82.A. B1 Neighborhood Business District
The amendment was approved by the following majority vote:
YES (TO APPROVE) Miller, Fisher, Kriz, Thomas, Marker, Light, Unger, DeHaven
NO: Morris
Frederick County Planning Commission
Minutes of December 6, 2000 Page 595
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RESCHEDULING OF THE COMMISSION'S FIRST MEETING IN JULY FROM WEDNESDAY.
JULY 4, 2001, TO MONDAY, JULY 2. 2001
Action - Unanimously Approved Rescheduling
Mr. Kris Tierney pointed out that the Commission's first regularly scheduled meeting in July
falls on a National holiday, the Fourth of July.
Chairman DeHaven announced that the Board Room is available for use on Monday, July 2,
2001 and Friday, July 6, 2001. Chairman DeHaven asked for a consensus of view on which date the
Commission members would prefer.
The consensus of opinion was that Monday, July 2, 2001, would be the preferred date, if there
were pending items to act on and discuss.
Upon motion made by Mr. Miller and seconded by Mr. Thomas, the Planning Commission
unanimously voted to change their regularly scheduled first meeting in July from Wednesday, July 4, 2001 to
Monday, July 2, 2001, due to the Fourth of July holiday.
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CANCELLATION OF THE PLANNING COMMISSION'S DECEMBER 20. 2000 MEETING
Action - Unanimously Approved Cancellation
Mr. Kris Tierney announced that there were no pending applications or items for discussion
for the Commission's December 20, 2000 meeting. Upon motion made by Mr. Miller and seconded by Mr.
Kriz, the Planning Commission unanimously voted to cancel their second meeting of December.
DISCUSSION OF DATE FOR PLANNING COMMISSION'S 2001 ANNUAL RETREAT
Mr. Kris Tierney asked for the Commission's preference on a date for the Planning
Commission's Annual Retreat. Mr. Tierney suggested Saturday, February 3, 2001 or Saturday, February 10,
2001. Other than checking to make sure the Board of Supervisors would be available, members of the
Commission had no particular preference on the date.
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Frederick County Planning Commission
Minutes of December 6, 2000 Page 59E
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APPOINTMENT OF CLAUS BADER TO THE DEVELOPMENT REVIEW & REGULATIONS
Chairman DeHaven announced the appointment of Mr. Claus Bader to the Development
Review and Regulations Subcommittee. Chairman DeHaven said that Mr. Bader is a civil engineer and a
resident of the Stonewall District.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 7:25 p.m. by
unanimous vote.
Respectfully submitted,
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Kris C. Tierney, Secretary
Charles S. DeHaven, Jr., Chairman
Frederick County Planning Commission
Minutes of December 6, 2000 Page 591
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