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PC_07-01-92_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 July 1, 1992 PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; Manuel C. DeHaven, Stonewall District; Todd D. Shenk, Gainesboro District; George L. Romine, Shawnee District; Ronald W. Carper, Gainesboro District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; and Beverly Sherwood, Board Liaison. ABSENT: S. Blaine Wilson, Shawnee District Planning Staff taff present were: Kris C. Tierney, Assistant Planning Director; Lanny C. Bise, 111, Planner 1; and W. Wayne Miller, Zoning Administrator CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES - -MAY 6, 1992 AND MAY 20, 1992 Upon motion made by Mr. Marker and seconded by Mr. Carper, the minutes of May 6, 1992 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Carper, the minutes of May 20, 1992 were unanimously approved as presented. BIMONTHLY REPORT i Chairman Golladay accepted the Bimonthly Report for the Commission's information. 3522 2 COMMITTEE REPORTS Development Review & Regulations Committee (DR&RC) - 6/9/92 Mtg. Mr. Thomas reported that the DR &RC discussed stormwater management revisions to the ordinance. Economic Development Commission (EDC) Mr. Romine said that the EDC is busy with the Existing Industry Committee. Mr. Romine said that the Committee's purpose is to furnish information to local industry to stimulate local buying. Mr. Romine presented a letter from Mr. Joseph Vergi, Jr. from Brucetown regarding Route 37. Upon motion made by Mr. DeHaven and seconded by Mrs. Copenhaver, the Commission unanimously voted to make the letter a part of the official record. (Letter attached at end of minutes.) The staff said that Mr. Vergi's suggestions would be forwarded to the Transportation Committee. Joint Transportation Committee Mr. Tierney said that Bruce Santilli, a Winchester Wheelman and a member of the VDOT's Bicycle Advisory Council, was present to share ideas on hike facilities in the City and County. Mr. Santilli had stated that the Wheelmen would take the lead role in conducting a "needs- assessment" survey to determine what areas would be the most functional in terms of accommodating cyclists. Mr. Santilli also discussed the new federal legislation involving funding for bicycle paths and lanes. He said that in order for localities to be eligible for funding, the localities would have to have a bicycle transportation plan. HISTORIC RESOURCES ADVISORY BOARD (HRAB) PLAQUE PROGRAM Mr. Tierney said that the HRAB has developed a proposal for a program that would recognize locally significant properties through the presentation of a plaque. The program would rely on property owners applying for designation as a historic site. He said that the application would be reviewed by the HRAB and a recommendation would be made to the Board of Supervisors as to the merits of the application. 3523 3 Mr. Tierney said that plaques would be awarded to any structure /site which the Board designated as locally significant. He said that if the program is put into place by the Board, the HRAB would like to run a design contest to determine the appearance of the plaques. Mr. Tierney added that several years ago, over $10,000 was given to the County under the condition that the money be used to fund a plaque program; therefore, if a program is started, there should be no cost to the County. Concerns were raised on the liability of allowing public access to historically - designated properties. Mr. Tierney said that the property owner is under no obligation make his property available to the public. Another question concerned whether a well- meaning citizen could volunteer someone else's property. Mr. Tierney said that the application would be considered only at the owner's consent. Upon motion made by Mr. Thomas and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the Historic Resources Advisory Board's amendment to the County Code to establish a locally significant Historic Property Recognition Program. ACCESS TO LOCKHART PROPERTY FROM FORT COLLIER INDUSTRIAL PARK Mr. Tierney presented a letter from Dellitt Lockhart requesting that the access extending from Brooke Road in Fort Collier Industrial Park to the east and connecting with the Arcadia property, currently shown as a "future 50' road," be dedicated. Mr. Tierney gave the following background information: When the Fort Collier MDP first received a recommendation for approval from the Planning Commission in April of 1990, the Planning Commission specified that there should be access provided to the Lockhart property. A statement providing for the proposed future access was placed on the approved MDP, but not dedicated. A letter of agreement was provided which stated the conditions under which the right -of -way would be granted. One of these conditions was that the dedication would take place when the Lockhart property was rezoned M -1. The reasoning was that this would prevent through residential traffic should the Lockhart property be developed residentially. When the Fort Collier MDP was amended, eliminating portions of Brooke Road and Center Drive to accommodate the Hershey development, the future access was, shifted south, adjacent to the property line of the Regional Jail. This location does not provide direct access to the Lockhart property. As it is presently located, the access point is on the Arcadia property. The Lockharts are concerned that if the future road is not dedicated, it might again 3524 4 be relocated or eliminated all together. The rational for not dedicating the right -of -way in its present location is the same as it was previously. This would open up Fort Collier to additional residential traffic from the Arcadia Mobile Home Park. Mr. Tierney said the staff has explained to the Lockharts that the conditions originally placed on the MDP are still valid. No action was required of the Planning Commission on this matter. APPOINTMENTS TO THE STEPHENS CITY STUDY COMMITTEE As a result of the June 29 meeting between the Stephens City Town Council and the Frederick County Board of Supervisors, Chairman Golladay appointed Roger Thomas, Marjorie Copenhaver, and John Marker as county members of a Stephens City Area Study Committee to study the business corridor on Route 1 I North. He said that the function of the Committee would be to formulate a proposal to study development plans that are submitted along the business corridor and to deal with the various problems associated with each proposal between Stephens City and Frederick County. I APPOINTMENTS TO THE COMPREHENSIVE PLAN SUBCOMMITTEE Mrs. Sherwood said that discussion took place at the last Board meeting on the problems that may have been created with some of the direction the Comprehensive Plan Subcommittee was taking. Mrs. Sherwood suggested that two non - voting citizen members be added to the Comprehensive Plan Subcommittee - -one from Middletown and one from Stephens City- -so that information could be shared and the ongoing communication problem might be resolved. It was the consensus of the Commission that this was a good proposal. PUBLIC HEARINGS Conditional Use Permit #007 -92 of John E. Merrill for an off - premise sign_ This property is identified with PIN #600000A000075A and is located in the Reynolds Store area, on the west side of Route 522 North, in the Gainesboro District_ Action - Approved Staff noted that the applicants are requesting an off- premise business sign to advertise their business, the Log Cabin Campground. The applicants are proposing to place the sign on property owned by the Reynolds Store Volunteer Fire Company. Staff recommendations were for approval with conditions. 3525 5 Mr. Jack Merrill, representing Log Cabin Campground, was present to answer questions. Mr. Shenk said that he was familiar with this area and he felt there would not be problems if the recommendations listed by the staff were followed. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve CUP #009 -92 of John E. Merrill for an off- premise sign with the following conditions: I . The sign will be maintained in accordance with the requirements of the Frederick County Zoning Ordinance and the Virginia Department of Transportation. 2. If the dimension of the sign is changed, a new conditional use permit will be required. 3. The sign will be located at least 50 feet from any other business sign. Conditional Use Permit #008 -92 of Joan M. and Kristi C. Riggleman for a Cottage Occupation for a Bridal Consultation Service. This property is identified with PIN #410000A0000990 and is located three miles north of Winchester on Route 522 North, immediately north of John's Grocery in the Gainesboro District. Action - Approved Staff noted that the Rigglemans are currently operating Ellie's Bridal Shop in the Harriman Building on the Loudoun Street Mall. They will be closing that business and intend to continue to offer a consulting service at this new location. The business will! be conducted from an accessory building and will be operated by the mother /daughter partnership with no additional employees. Ms. Kristi C. Riggleman, one of the applicants, was present to answer questions. Upon motion made by Mr. Carper and seconded by Mr. Shenk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #008 -92 of Joan M. and Kristi C. Riggleman for a Cottage Occupation for a Bridal Consultation Service (T /A Ellie's Bridal Consultation), with the following conditions: 1. All review agency comments must be complied with. 3526 1• 2. No more than one sign shall be placed along Route 522 and it shall be limited to four square foot in area. 3. No structures shall be expanded to contain the use nor new structures constructed to contain the use, unless a revised CUP is obtained. CANCELLATION OF CONDITIONAL USE PERMIT #016 -90 OF CHRISTOPHER CHISOLM Staff noted that Conditional Use Permit #016 -90 of Christopher Chisolm currently exists for the location proposed for Ellie's Bridal Consultatiod Service described above. The CUP #016 -90 was for a kennel and dog grooming service. There is no indication that this business is active since the sign has been removed, the phone disconnected, and there is no listing for this individual in the Winchester area. Staff recommends that this CUP be cancelled. Upon motion made by Mrs. Copenhaver and seconded by Mr. Carper, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to advertise CUP #016 -90 of Christopher Chisolm for cancellation. Proposed Amendments to Chapter 21, Zoning, of the Frederick County Code, Article XIII, Flood Plain District, Article XVII, Nonconforming Uses, Article XVIII, Board of Zoning Appeals, and Article XIX, Definitions, of Chapter 21, Zoning Ordinance, of the Frederick County Code. Action - Approved Staff noted that the revisions are being done to bring the County's Flood Plain Ordinance into compliance with FEMA (Federal Emergency Management Act) requirements. Failure to do so would result in Frederick County being dropped from the National Flood Insurance Program. Staff noted that the revisions were reviewed by the Development Review and Regulations Subcommittee at their June 9th meeting and their comments have been incorporated into the revisions. Mr. Bise reviewed the amendments with the Commission. CHAPTER 21 ARTICLE XIII FLOODPLAIN DISTRICTS Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously 3527 7 recommend approval of the ordinance to amend Article XIII, Floodplain Districts, Sections 13 -1, 13 -4, 13 -5, and the creation of a new Section 13 -6, 13 -9, and 13 -10 to bring the ordinance into compliance with FEMA requirements. CHAPTER 21 ARTICLE XVII NONCONFORMING USES Upon motion made by Mr. Marker and seconded by Mr. Carper, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the ordinance to amend Article XVIII, Nonconforming Uses, to create Section 17 -4 -5 that sub - references Article XIII, Section 13 -6 when considering expansion or modification to an existing structure or use that is located within the Flood Plain Districts. CHAPTER 21 ARTICLE XVIII, BOARD OF ZONING APPEALS Upon motion made by Mr. Marker and seconded by Mr. Carper, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the ordinance to amend Article XVIII, Board of Zoning Appeals, to create Section 18 -2 -3.3 that sub- references Article XIII, Section 13 -10 when considering a variance application within the Flood Plain Districts. CHAPTER 21 ARTICLE XIX DEFINITIONS Upon motion made by Mr. Shenk and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the ordinance to amend Article XIX, Definitions, by adding and revising definitions to bring the ordinance into compliance with FEMA requirements. 3 528 ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:30 p.m. by unanimous vote. Respectfully submitted, Robert W. Watkins, Secretary 0 444 , 111 lez& Jams W. 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