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PC_11-05-97_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 November 5, 1997. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice-Chairman/Back Creek District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; W. Wayne Miller, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District; John H. Light, Stonewall District; and Vincent DiBenedetto, Winchester City Liaison; STAFF PRESENT: Kris C. Tierney, Director; Andrew D. Evans, Zoning Administrator; Michael T. Ruddy, Planner II; and Renee' S. Arlotta, Clerk. 40 CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - OCTOBER 1, 1997 Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of October 1, 1997 were unanimously approved as presented. Development Review & Regulations Subcommittee (DRRS) - 10/30/97 Mtg. Mr. Thomas reported that the DRRS discussed the proposed revised design standards at their 40 Frederick County Planning Commission Minutes of November 5, 1997 Page 113 2- last meeting. Mr. Thomas said that it was a very productive meeting and that representatives from the Top of • Virginia Home Builders, the Industrial Park Association, and numerous area builders were present. He said that a mutual agreement was reached and it was a good team- building session. Mr. Thomas said that the revisions will be coming back to the Planning Commission, probably at the next meeting. Transportation Committee - 11/03/97 Mtg. Mr. Thorns reported that the Transportation Committee reviewed the Frederick County Secondary Road Improvement Plan. He said it was approved as submitted and will be coming to the Planning Commission at their next meeting. Economic Development Commission (EDC) Mr. Romine reported that the Industrial Services Directory has been completed and several other directories, including the Construction Management Directory, are nearing completion. 0 Joint Frederick County- Stephens City Plannine Committee - 10/28/97 Mtg. Mr. Thomas reported that the Joint Committee discussed general concepts for land use plans and proposed developments around Stephens City. He said that the two Planning Departments are going to meet together to continue that discussion. Mr. Thomas said the Committee made arrangements to have representatives from the Commission on Local Government to speak to both bodies of government, Stephens City and Frederick County, early in December. PUBLIC HEARING Conditional Use Permit #016 -97 of Joyce M. Brinklow for a Cottage Occupation/ Bargain Retail Store. This property is located at 8421 Valley Pike and is identified with P.I.N. 90 -A -56 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Mr. Andrew Evans, Zoning Administrator, read the review agency comments and background information for this application. Mr. Evans stated that this site is adjacent to the Cedar Creek Battlefield Visitors' Center. He said that VDOT is recommending a commercial entrance with suitable parking. Mr. Evans • Frederick County Planning Commission Minutes of November 5, 1997 Page 114 3- explained that the applicant plans to use an existing 14' X 20' building, but has also requested that he be allowed ® an outdoor display area. Mr. Brinklow, the applicant, said that they currently conduct yard sales between three to five days per week, weather permitting. He said that this has gone so well, it prompted them to pursue the bargain store inside the building; however, they understood that a permit was required to sell merchandise from a building. Mr. Brinklow asked for some outdoor display, because of the limited space inside the building. Members of the Commission were concerned about allowing outdoor display and they felt the operation might develop into a perpetual yard sale. It was noted that permanent yard sales are not listed as a permitted use in the ordinance. Commission members raised the point about the high visibility of the site, due to the adjacent historical properties and visitors center. It was suggested that an additional condition be added to prohibit the outside display of merchandise. Some members of the Commission pointed out that the size of Mr. Brinklow's building was not very large and raised the possibility of allowing expansion of the building. Staff read the section of the Code pertaining to cottage occupation activities and the interpretation was made that outside activities are prohibited, whether or not the cottage occupation is conducted within the residential structure or an accessory structure. There were no public comments. Mr. Miller made a motion to approve the conditional use permit with the addition of Condition #6, stating that there will be no outside storage, display, or sales from this location. This motion was seconded by Mr. Marker. • Mr. Tierney suggested that the Commission.may want to entertain the idea of allowing Mr. Brinklow to expand the size of his building. Members of the Commission were in favor of allowing expansion of the building up to 100% and they were also in favor of authorizing the administrative staff to approve the amended conditional use permit, if Mr. Brink decided to go ahead with the expansion. Mr. Miller amended his motion to include authorization for administrative approval of a revised conditional use permit for expansion of the existing building up to 100% with a minor site plan to be also administratively approved. This amended motion was seconded by Mr. Romine. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #016 -97 of Joyce M. Brinklow for a Cottage Occupation/ Bargain Retail Store at 8421 Valley Pike in Middletown 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. Applicant limited to a single, four - square foot sign. 4. Only members of the household shall be employed at the facility. Expansion of the existing building, up to 100% of its existing size, will be allowed with an • Frederick County Planning Commission Minutes of November 5, 1997 Page 115 administratively - approved, revised conditional use permit and submittal of a minor site plan, also to be • administratively approved. 6. No outside storage, display, or sales from this location. Conditional Use Permit #017 -97 of Elizabeth T. Robinson for a Cottage Occupation/ Crafts Instruction, Decorating Lessons, Cooking Demonstrations, Etc. This property is located at 4468 Middle Road and is identified with P.I.N. 74 -A -2 in the Back Creek District. Action - Approved with Conditions Mr. Michael T. Ruddy, Planner II, read the background information and review agency comments to the Commission. He stated that the staff received a letter from adjoining property owners, Mr. and Mrs. Vernon E. West, residents at 4536 Middle Road, who had no objections to the request for a cottage occupation. Mr. Ruddy said that the group size proposed by Mrs. Robinson is consistent with that established by the Health Department; he said that the applicant will be required to comply with building code and accessibility issues determined by the Building Official; and he noted that VDOT has stated that the existing entrance is sufficient and the driveway is large enough to accommodate parking for the proposed use. He also noted that the adjoining properties are in orchard and agricultural use. Mrs. Elizabeth T. Robinson, the applicant, came forward and explained her proposed operation • to the Commission. Mrs. Robinson said that she will be teaching crafts and home -bred occupations such as gift basket - making, kitchen decorating, gifts from the kitchen, cooking demonstrations for nutritional needs or beginners, gift packaging, and seasonal craft - making. She said that she will be working with small groups of up to ten persons and will offer classes to 4 -H group leaders, girl scout leaders, church leaders, etc. There were no public comments. No issues of concern were raised by members of the Commission. They felt that the scale of the business was incidental to the existing residence and would not impact the surrounding area. Upon motion made by Mr. Marker and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #017 -97 of Elizabeth T. Robinson for a Cottage Occupation for Crafts Instruction, Decorating Lessons, Cooking Demonstrations, etc. with the following conditions: 1. All review agency comments must be complied with. 2. The applicant is to install an area of additional asphalt toward the bottom of the driveway to allow for vehicle turn- around on the property. A sketch plan should be reviewed by the staff to determine how this will be accomplished. C J Frederick County Planning Commission Minutes of November 5, 1997 Page 116 5- • 3. Any expansion of the proposed facility or use will require a new Conditional Use Permit. 4. Only members of the household shall be employed at the facility. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 7:35 p.m. by Respectfully submitted, is C. Tierney, Sec ary d,,, � - LA'- T'- • Charles S. DeHaven, Chairman (Jr.) Frederick County Planning Commission Minutes of November 5, 1997 Page 117