PC_03-15-95_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
March 15, 1995.
PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr.,
Chairman/Stonewall District; John R. Marker, Vice Chairman/Back Creek
District; John H. Light, Stonewall District; Marjorie H. Copenhaver, Back Creek
District; Robert A. Morris, Shawnee District; Terry Stone, Gainesboro District;
Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; Richard
C. Shickle, Gainesboro District; George L. Romine, Citizen at Large; Robert M.
Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay
Cook, Legal Counsel.
ABSENT: S. Blaine Wilson, Shawnee District
Planning Staff present: Robert W. Watkins, Director and Secretary; Jean M.
Moore, Planner I; and Kris C. Tierney, Deputy Planning Director.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES
The staff recommended a revision to the fifth paragraph on page four of the
minutes of February 1. Upon motion made by Mr. Marker and seconded by Mr. Light, the
minutes of February 1, 1995 were unanimously approved as corrected.
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BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's
information.
COMMITTEE REPORTS
Comprehensive Plans & Programs Committee - 3/13/95 Mta.
Mrs. Copenhaver reported that the CPPC discussed Mr. Linwood Ritter's request
for authorization to extend sewer to his MH1 (mobile home) property located on Route 636.
Mrs. Copenhaver said that the CPPC felt it would not be appropriate to extend either the Sewer
and Water Service Area or the Urban Development Area at this time.
Battlefield Task Force - 3/13/95 Mte.
Mr. Watkins reported that the BTF discussed the acquisition activity in relation
to Third Winchester that the APCWS is undertaking. He said that the BTF essentially completed
their discussions of the draft plan and it will next be submitted at a worksession to both the City
and County's Commissions and Boards.
Economic Development Commission
Mr. Romine said that the EDC has appointed two new members, Mr. James W.
Golladay, Jr. and Mr. Douglas Rinker.
Sanitation Authority - 3115195 Mtg.
Mrs. Copenhaver reported that the SA has purchased a T.V. camera to monitor
sewer lines for surface water infiltration. She said that they also plan to purchase a flushing
truck to clean and vacuum problem lines. Mrs. Copenhaver reported that the SA also discussed
their prioritized projects -- connecting the south and north quarries and the new administration and
maintenance headquarters.
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Winchester Planning Commission - 3/14/95
Mr. Shickle reported that the City Planning Commission held a worksession on
March 14, 1995. Mr. Shickle read a list of the upcoming rezoning applications that will be
heard by the City Planning Commission. j
Informal Discussion with Bruce E. Welch, DVM, Regarding an Amendment to the RP
(Residential Performance) Zoning District to Allow Veterinary Hospitals with a Conditional
Use Permit. The property is located at 689 Aylor Road, near Stephens City, and is
designated with PIN# 75 -A -38.
Mr. Tierney said that Mr. Bruce E. Welch, DVM, who spoke with the
Commission on January 18, 1995 about establishing a veterinary clinic on the east side of Route
647, is now contemplating the possibility of requesting veterinary clinics as an allowed use in
RP (Residential Performance) Districts. Mr. Tierney said that Mr. Welch's previous discussions
with the Commission involved rezoning the property to B2, which is the required zoning for
veterinary clinics. Mr. Tierney said that the property is currently zoned RP and is surrounded
by RP uses.
Mr. Bruce E. Welch, DVM, came forward to get the Commission's feelings on
pursuing an ordinance amendment to allow veterinary clinics in an RP District with a conditional
use permit. Mr. Welch said that fraternal lodges and civic clubs, day care facilities, and
convalescent nursing homes are all uses which are allowed in RP with a conditional use permit,
yet all of these uses generate much more traffic than a veterinary clinic. Mr. Welch said that
other benefits of a conditional use permit would be that the Commission could evaluate sites and
apply restrictions on an individual basis. Mr. Welch felt that if the property was rezoned to B2,
the B2 buffer restrictions would infringe on the site and the use of the property, and he also felt
that B2 zoning, which allows Taco Bells and Burger Kings, would not fit well within the
neighborhood. Mr. Welch presented a handout showing two different layouts for the location
of structures, the driveway, and parking lot.
Commissioners discussed the precedent setting situation that may be created by
allowing veterinary clinics in RP with a conditional use permit. They felt the precedent was not
just veterinary clinics, but all the small business offices that fall under B2 Zoning. There was
discussion about amending the ordinance to allow veterinary clinics as an allowed use in B1
(Neighborhood Business) Zoning Districts; however, if this business failed, a problem could
arise in deciding what other use to put at this location. They did not feel that a B2 (Business
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General) Zoning was appropriate. Chairman DeHaven polled the Commission and the majority
of members felt it would be best to pursue allowing this use in RP with a conditional use permit
because of the ability to evaluate individual sites and to apply restrictions on an individual basis.
No other action was needed by the Commission at this time.
Informal Discussion with Mr. John Stevens Regarding a Rezoning from B1 (Neighborhood
Business) to B2 (Business General) for an art gallery /framing shop. This property is
designated with PIN# 90 -A -55.
Mr. Tierney said that Mr. John Stevens owns a 3.21 acre parcel Ion the east side
of Route 11 south of Middletown, zoned B1, and he is interested in selling the property to
someone who would like to have an art gallery /framing shop. Mr. Tierney said that an art
gallery/framing shop requires B2 zoning. He added that surrounding zoning is RA and the Belle
Grove property is located across Route 11.
Mr. John Stevens was available to answer questions from the Commission. Mr.
Stevens said that he would like to see the property used for something favorable to the area and
to Belle Grove.
The Commission felt that an art gallery /framing shop would be an improvement
over the uses that have operated from this location in the past. There was some discussion about
inconsistencies that exist in the ordinance with regard to the uses allowed in B1 and B2. It was
noted that some of the uses allowed in B1 were more intense than a framing shop, which is only
allowed in B2. It was suggested that a "miscellaneous retail' classification be placed in the BI
District to allow this use and other small, neighborhood retail uses. The Commissioners felt that
the art gallery/framing shop use should be allowed in a B1 District and instructed the staff to
proceed with advertising.
Informal Discussion with Linden Unger Regarding a Rezoning from B2 (Business General)
to RP (Residential Performance). This property is designated with PIN# 53 -A -55 and PIN#
53 -A -62.
Mr. Tierney said that in January, the Commission had discussions with Mr.
Linden Unger concerning the possibility of rezoning two small parcels of land (totaling roughly
one and a third acres) located on the south side of Route 522 North from B2 (Business General)
to RP (Residential Performance). Mr. Tierney said that at that time, there was confusion over
the location of the two parcels (53 -A -55 and 62) and surrounding zoning. He said that the staff
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has since resolved both issues and both parcels are deeded separately and are listed separately
in the real estate records. Mr. Tierney said that the parcels are adjoined on the east and west
by parcels zoned B2 and Parcel 55 adjoins RP (Residential Performance) zoning to the south.
Mr. Linden Unger said that he has no plans for the property. He said that under
B2 Zoning, the taxes have already exceeded the value of the property, and he wanted to change
that.
Commissioners felt that if Mr. Unger would like to have the property changed
back to RP because he has no use for B2 Zoning, he did not ask for B2 zoning, and the taxes
were presenting a burden, then they were in favor of rezoning the property back to RP.
Commissioners noted that the zoning was probably changed to B2 back in the 1970s as a
comprehensive rezoning for that whole area.
DISCUSSION ON THE STREAMLINING OF THE SITE PLAN REVIEW PROCESS
Ms. Moore came forward to discuss the efforts the Planning Department has made
regarding streamlining the site plan review process. Ms. Moore said that the goal of
streamlining the site plan review process has been three -fold and includes ways to improve
service to customers, to gain a competitive edge in economic development, and to encourage the
submission of quality plans. Ms. Moore discussed the analysis of the review process with the
Commission. She said that representatives from county and state reviewing agencies were
involved in the streamlining effort and letters were also sent to the development community
asking for their opinions on improving the process.
Ms. Moore said that modifications were recommended in three areas: the site plan
application package, the review process itself, and the Frederick County Ordinance that governs
the process. Ms. Moore discussed nine recommended modifications to the review process.
The Planning Commission was in favor of the efforts made so far in the
streamlining process and endorsed the recommended modifications to the site plan application
package, the review process, and minor changes to the county ordinance governing the process.
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ADJOURNMENT
No other business remained to be discussed and the meeting adjourned at 8:20
IUM
Respectfully submitted,
i
Charles S. DeHaven, Jr., Chairm
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