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PC_06-04-97_Meeting_Minutes• MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 4, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; George L. Romine, Citizen at Large; Terry Stone, Gainesboro District; W. Wayne Miller, Gainesboro District, Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Deputy Director; Andrew Evans, Zoning Administrator; Eric R. Lawrence, Planner II; Michael T. Ruddy, Planner I; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - APRIL 16, 1997 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the Commission unanimously approved the April 16, 1997 minutes as presented. BIMONTHLY REPORT Chairman DcHaven accepted the Bimonthly Report for the Commission's information. • Frederick County Planning Commission Minutes of June 4, 1997 Page 56 2- • COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 05/29/97 Mtg. Mr. Thomas reported that the DRRS discussed two major topics -- boulevard entrance design and buffers and screening. He said that discussions on these two items will continue and they will be brought before the Commission at a later date. Transportation Committee - 05/13/97 Mtg. Mr. Thomas reported that the Transportation Committee discussed a community request for a four -way stop sign at Fairfax Drive and Montgomery Circle in Fredericktowne Estates. Mr. Thomas said that this request was endorsed and forwarded to VDOT. Also discussed was the acceptance of Boundary Avenue as a rural addition project, which will need to be forwarded to the Board of Supervisors. Sanitation Authority (SA) - 05/20/97 Mtg. Mrs. Copenhaver reported that the SA elected officers and Ned Cleland remains the Chairman; • a Director of Finance has been added to the Sanitation Authority staff, Ms. Judith Smootz; repairs are continuing in Fredericktowne. Joint Frederick County /Stephens City Planning Committee - 05/27197Mtg. Mr. Thomas reported that the Joint Committee discussed boundary adjustments between Stephens City and Frederick County, and the economic development and growth of Stephens City. PUBLIC HEARING Conditional Use Permit #007 -97 of John and Patricia Bowers to operate an antique shop. The property is located at 4489 Martinsburg Pike and is identified with P.I.N. 33 -A -93 in the Stonewall Magisterial District. Action - Recommended Approval is Frederick County Planning Commission Minutes of June 4, 1997 Page 57 3- Mr. Evans said that the previous use of the building was a lodge. He stated that some modification to the existing building will be required for the change of use, however, changes to the building and site should not adversely affect the character and environment of the area. Mr. Evans said that the staff is requesting that a "minor site plan" be submitted. Mr. John E. Bowers, the applicant, asked what was involved for the submittal of a minor site plan, which was one of the recommended conditions for his permit. Mr. Wyatt explained that the minor site plan is a development plan for the use which illustrates certain agency issues, but does not go to the extreme of requiring topography or grading plans. Mr. Wyatt said that for this particular use, they would be looking for a commercial entrance, which is a VDOT requirement, parking requirements, and various building code requirements. He added that the site plan would need to be prepared by a licensed architect, engineer, or surveyor, however, the amount of information required would be limited. There were no citizen comments. No issues of concern were raised by the Commission. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conitional Use Permit 4007 -97 of John and Patricia Bowers to operate an antique shop at 4489 Martinsburg Pike in Clearbrook with the following conditions: 1. All review agency comments shall be complied with. • 2. A (minor) site plan shall be approved prior to occupancy of the site. 3. A business sign for the use shall be limited to a maximum of 50 square feet. 4. Any outside display area should be designated on the site plan. Conditional Use Permit #008 -97 of Peter and Michelle Bragger for a Cottage Occupation /Catering Business. The property is located on Lusitano Lane in Marlboro and is identified with P.I.N. 83 -A -19C in the Back Creek Magisterial District. Action - Recommended Approval Mr. Ruddy stated that the catering business proposed by the applicants meets the requirements for a cottage occupation and would, therefore, be permitted with an approved conditional use permit (CUP). He said that the Broggers are proposing to construct a new residence and catering kitchen at the Lusitano Lane property and this property is currently under contract for purchase by them. Mr. Ruddy said that unlike the Broggers' existing location, no events will take place at this property. Mr. Ruddy said that the staff believes that establishing the cottage occupation will not have a • Frederick County Planning Commission Minutes of June 4, 1997 Page 58 4- • negative impact upon the surrounding neighborhood; and when considering the scale of the proposed kitchen, it will clearly be incidental to the proposed residence. Mr. Ruddy stated that VDOT has commented that the existing private entrance is inadequate for the proposed use and they cannot support a CUP for the property. Mr. Ruddy further stated that it was the staff's opinion that if only the applicant's personal vehicles are used to transport goods to and from the property, it would alleviate many of VDOT's concerns; and in essence, the traffic generated at this location would be of a scale consistent with normal residential traffic. Some of the Commission members questioned a comment made by the Health Department in a letter dated May 8, 1997, Paragraph 2, Criteria 42, in which the Health Department states that the applicant could not cater any events that have more than 150 people per day. The Commissioners were concerned because they felt the Health Department may be out of their purview by making the statement, which could limit the Brogger's business, or the Health Department erroneously addressed the location for which the catering was being provided. Chairman DeHaven requested that the staff seek clarification from the Health Department on the issue, before the Board's review of the application. Mr. and Mrs. Peter Brogger, the applicants, felt the Health Department's comments would not be restrictive; however, they were concerned about the comments from VDOT, which stated that minimum site distances were unobtainable to allow for the construction of a commercial entrance. Mrs. Brogger said that they were interested in having a minimal amount of deliveries made to the property. Mrs. Brogger said that they receive about 30 -40 days of one delivery per day from a UPS -sized truck. She added that their business is seasonal and during the months of January, February, and March, they basicially have nothing going on. Mrs. Brogger said that VDOT would like them to pave the first 20' -30' of the entrance and they would have no problem doing that, if they were allowed to have a minimal amount of deliveries. • Mr. Miller recommended that the applicants attempt to negotiate an entrance with VDOT in order to arrive at a solution that would permit deliveries. Mr. Miller said that if the Broggers could not resolve the issue with VDOT, the deliveries would have to be eliminated. There were no citizen comments. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 4008 -97 of Peter and Michelle Brogger for a Cottage Occupation/ Catering Business with the following conditions: Review agency comments must be complied with at all times. No retail sales on the property and no delivery of goods to the property by vehicles other than those owned by the applicants. 3. Any expansion of the proposed facilities or use will require a new Conditional Use Permit. • Frederick County Planning Commission Minutes of June 4, 1997 Page 59 -5- • DISCUSSION ITEMS Discussion Reeardina the Route 37 West Land Use Study - Preliminary Concept Mr. Lawrence presented a preliminary concept for the Route 37 West Land Use Plan which was developed by the staff and the Comprehensive Plans and Programs Subcommittee (CPPS). Mr. Lawrence hoped to receive the Commission's thoughts and suggestions on the proposed plan. He explained that the study is a result of the recent DeGrange property rezoning, the continual expansion of the Winchester Medical Center within the City, and the provisions for sewer and water service to be provided to the DeGrange property from the Sunnyside area. He stated that within the proposed 645 -acre area, there arc two designated areas for business and office use -one along the Rt. 522 N. Corridor (approx. 83 ac.) for business use and one west of the Medical Center, north of the DeGrange property (approx. 118 ac.) for business /office use. Mr. Lawrence stated that a collector road system with signalized intersections is proposed; however, at the request of the CPPS, the collector road system does not transverse the areas of the study that have no proposed use changes. Mr. Lawrence said that the staff believed the roads should be indicated for long -range planning. Commission members raised the subject of the Medical Center's proposed interchange access and they felt the County needed to pursue working with the Medical Center and the Commonwealth Transportation Board so that the County could gain western access to the interchange. Commission members strongly felt that uses along Route 37 should be tied to some type of "medical" business uses. Most members were not in favor of industrial uses along Route 37, across from the medical center campus. Regarding the proposed collector road network, Commissioners believed it would not materialize until well into the future. A suggestion was made that the collector road network be legended outside of the plan • and that it be stated that the roads are proposed, but the County doesn't foresee them being constructed anytime soon. The question of whether or not this plan was consistent with the Round Hill Plan was raised and whether or not there was a need for additional business and office use. Also discussed was the issue of proposing development for the area west of Rt. 37, which had always been designated for Waal development. It was noted that there was already considerable available land east of Rt. 37 that was already rezoned, along with a skeletal infrastructure system to support it; whereas the land west of Rt. 37 had no infrastructure. Again, Commissioners voiced their feelings that if the area west of Rt. 37 was developed, it should only be for business supporting the medical center. Commissioners pointed out that 90% of Phase 11 of DeGrange property was already in the Sewer and Water Service Area (SWSA). It was felt by members of the Commission that if a sewer line was going to be run through the undeveloped area, then some kind of plan needs to be adopted by the County to guide future use, whenever that might occur. Some members said that they would not support any expansion of the SWSA beyond its current location. The Commission recognized that impacts were going to occur in this area; specifically, the hospital interchange and the Sanitation Authority's 20 -yr and 5 -yr water and sewer plans. They felt they needed to get ahead of the game by establishing "intent," by way of a plan stating the type of development desired by the County. Commissioners instructed the staff to arrange a worksession with the Board of Supervisors in early July. Frederick County Planning Commission Minutes of June 4, 1997 Page 60 R 0 • • CANCELLATION OF THE JUNE 18, 1997 PC MEETING Upon motion made by Mr. Miller and seconded by Mr. Marker, the Commission unanimously voted to cancel the June 18, 1997 Planning Commission meeting because there were no pending applications or discussion items. ADJOURNMENT unanimous vole. No further business remained to be discussed and the meeting adjourned at 8:00 p.m. by Respectful) submitted, is C. Tierney, Se rotary Charles S. DeHaven, Chairman (Jr.) Frederick County Planning Commission Minutes of June 4, 1997 Page 61