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PC_03-18-98_Meeting_Minutes• MEETING MINUTES OF THE COUNTY PLANNING Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 18, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; STAFF PRESENT: Kris C. Tierney, Director; Eric R Lawrence, Zoning Administrator; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. BIMONTHLY REPORT There were questions regarding the overflow parking for the site plan for Fellowship Bible Church and whether additional land was involved with that. No other issues were raised and the Chairman accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 03/09/98 Mtg. Mrs. - Copenhaver reported that the CPPS discussed a request from Mr. Ritter to extend the • Frederick County Planning Commission Minutes of March 18, 1998 Page 179 2- Water and Sewer Service Area to his trailer park located adjacent to Sherando. She said that the general • consensus of the subcommittee was that nothing had changed from their recommendation of two years ago, but they are waiting for Mr. Ritter to present his request to the Parks & Recreation Commission. She said that he has offered to donate some land to the Park. Mrs. Copenhaver added that the CPPS also began working on the land use studies for the 522 South and Shady Elm Corridors. Economic Development Commission Mr. Routine said that there is concern about the loss of the glass plant and they are hoping it does not have an effect on other prospects for this area. Sanitation Authority (SA) - 03/17/98 Mtg. Mrs. Copenhaver reported that due to Cardinal Glass not coming to this area, the SA will not have to construct the water tower; therefore, the funds that were allocated are going to be used towards water and sewer improvement projects that are needed throughout the County. • Winchester City Plannine Commission - WPC Mr. DiBenedetto, liaison member, said that the WPC approved a site plan that has opened up additional discussions and issues concerning second entrances into high- density residential areas. PUBLIC HEARINGS: Possible Continuation or Revocation of Conditional Use Permit 9012 -97 of Michael M. Milam to operate a landscaping and garden center business. The property is located at 2186 Northwestern Pike and is identified with Property Identification Number 52 -A -B in the Gainesboro District. Action - Recommended Approval with Conditions Chairman DeHaven said that he would abstain from discussion and voting on this item, due to a possible conflict of interest, and he turned the chair over to Vice Chairman Marker. Mr. Eric R. Lawrence, Zoning Administrator, stated that Conditional Use Permit 4012 -97 was approved by the Board of Supervisors on October 7, 1997 for Michael M. Milam to operate a landscaping service • Frederick County Planning Commission Minutes of March 18, 1998 Page 180 -3- and a retail/wholesale business at 2186 Northwestern Pike with the following conditions: 1) All review agency • comments must be complied with at all times; 2) A minor site plan shall be approved by the County; 3) A commercial entrance meeting VDOT requirements shall be constructed and approved within 60 days of the CUP approval; 4) Health Department approval of a sewage disposal system shall be obtained within 60 days of the CUP approval; and, 5) Any signs for the business must be as permitted by the zoning ordinance. Mr. Lawrence said that to date, a number of these conditions have not been satisfied and the CUP is being presented to the Commission for its continuation or revocation. Mr. Lawrence reviewed with the Commission the items that have not been satisfied, which include the VDOT entrance requirements, the submission of a minor site plan, and the placement of a legal sign. He continued, stating that the staff has mailed a number of letters to Mr. Milam addressing the CUP requirements and a second deadline of February 20, 1998 was established. He said that the Planning Office received a letter from Mr. Milam on February 9, 1998 stating his intention of satisfying the CUP requirements by April, 1998; however, Mr. Milam continues to operate his business illegally without pursuing the necessary requirements from VDOT or the services of an engineering firm to do a site plan. Mr. Michael M. Milam, the owner of Michael Milam's Landscape and Garden Center, admitted that he has not complied with the requirements imposed by the CUP. He explained that at the time the permit was approved, the requirements did not seem to be a problem; however, afterwards he learned that $13,000- $14,000 is required for a commercial entrance /street connection and approximately $2,000 to $4,000 is needed for a minor site plan. Mr. Milam explained that his finances were low because of the winter slow period and the money he had set aside for the entrance and site plan was used to pay other expenses. Mr. Milam said that at this time, he has the money available to do the necessary work and he intends to comply with the requirements. Mr. Milam presented a letter from Painter -Lewis stating that a site plan would be submitted to the County for review • by March 25, 1998. Mr. Milam said that the commercial entrance is pending the approved site plan from Mr. Painter, however, he has retained Carroll Construction for the work and he presented a letter to this effect. Commission members asked Mr. Milam if he had obtained a permit for the illegal sign that exists on the property and whether or not he had obtained a business license. Mr. Milam said that he had reduced the size of the sign to meet requirements and a sign permit application has been submitted for approval; he stated that he is working with the Real Estate Office and hopes to have this year's license paid for soon. Upon considering the time frame for possible completion, the Commission did not feel that a commercial entrance could be completed until July. There was discussion on whether the operation could legally proceed as an agricultural use until July, without retail sales; however, it was pointed out that even without retail sales, there would still be landscape crews going in and out of the site. Commission members felt it was very difficult to support further extension of the CUP while waiting for the requirements to take place, especially when other similar businesses throughout the County had complied with requirements. However, the Commission did not want to place Mr. Milam out of business, especially since he seemed to be making a good faith effort to comply. There were no public comments. Mr. Miller moved to allow the permit to remain as is with the following additional stipulations: 1) that the existing sign will be covered until such time as everything has been prepared for the business to open; 2) there will be no sales from the location; 3) all other conditions as stated by staff will be complied with. This motion was seconded by Mr. Romine. • Frederick County Planning Commission Minutes of March 18, 1998 Page 181 M Mr. Milam remarked that his sign was not in violation as of this time because he had reduced • the square footage to meet ordinance requirements. Mr. Milam said that he was told that if his CUP was not revoked, that his sign permit would be approved. The Commission preferred not to revisit this CUP. On those grounds, members of the Commission requested that should Mr. Milam fail to satisfy the requirements issued in October, in addition to those outlined above by July 15, 1998, then the CUP should automatically be revoked. Mr. Miller then restated his motion that the CUP be allowed to remain as is with the following additional conditions /stipulations to be completed no later than July 15, 1998: 1) the sign will be removed or covered until the business is ready to open; and, 2) all requirements of the CUP be satisfied to the satisfaction of the staff before the operation is open for business for any retail sales from this location. Mr. Romine restated his second to the motion and it was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that CUP #012 -97 of Michael M. Milam to operate a landscaping and garden center business be allowed to remain as is with the original conditions approved in October of 1997 and the additional conditions /stipulations to be completed no later than July 15, 1998: 1) the sign will be removed or covered until the business is ready to open; and, 2) all requirements of the CUP will be satisfied to the satisfaction of the staff before the operation is open for business for any retail sales from this location. (NOTE: Mr. DeHaven abstained from vote. Mr. Stone and Mr. Ours were absent from the meeting.) Subdivision Application #005 -98 of Signal Station Associates by Mr. Forrest Brown for the subdivision of a three -acre tract, zoned B2, into two lots. This property is located at the existing Signal Station shopping center, two miles from the Winchester Medical Center on the south side of Northwestern Pike (Route 50 West), and is identified with P.I.N. 52 -A -92B in the Back Creek Magisterial District. Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that this subdivision is before the Commission for review and approval because it does not have an approved master development plan. The proposal is to subdivide a three -acre parcel into one 2.1502 -acre tract and one .9263 -acre tract. He said that no issues of concern were raised by any of the reviewing agencies and there is adequate distance on Northwestern Pike (Route 50 West) to accommodate a second entrance for the second parcel that would be created. Mr. Lawrence believed the request was in compliance with the zoning and subdivision ordinance. Members of the Commission inquired what effects the pending design standards would have on this particular subdivision, if the standards were currently in effect. Mr. Lawrence replied that there would not be an effect on the actual subdivision; however, the standards, such as greater setbacks, would come into play at the site plan stage. Ms. Millie Murphy Brown, representing Signal Station, was present to answer questions from the Commission. i Frederick County Planning Commission Minutes of March 18, 1998 Page 182 -5- There were no public comments. No issues of concern were raised by the Planning Commission. Upon motion made by Mr. Marker and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application 11005 -98 of Signal Station Associates by Forrest Brown for the subdivision of a three -acre tract into two lots consisting of a 2.1502 -acre parcel and a .9263 -acre parcel. DISCUSSION ITEMS RETREAT SUMMARY - Setting Priorities for 1998 and for the Draft 1998 -1999 Work Program Mr. Kris C. Tierney, Planning Director, thanked Commissioners for their attendance at the 1998 Planning Commission Retreat. He said that in response to a survey that was circulated at the retreat, staff has ranked work projects for the coming year and Mr. Tierney presented and reviewed that list for the Commission. PLANNING DEPARTMENT POSITIONS FILLED - Promotion of Eric R. Lawrence to Zoning ® Administrator and Vacant Planner I Position Filled Mr. Tierney announced that Mr. Eric R. Lawrence was promoted to the position of Zoning Administrator. He said that the promotion occurred alter that position was left vacant by Mr. Wayne W. Miller's retirement. Mr. Tierney added that interviews were held for the vacated Planning position and an offer has been made. He stated that, hopefully, there will be another planner on board in the coming weeks and this should help in terms of productivity of the staff. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:50 p.m. by unanimous vote. Respectful submitted, Kris C. e�S`e r ary Charles S. DeHaven, Chairman (Jr.) • Frederick County Planning Commission Minutes of March 18, 1998 Page 183