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									                                          MINUTES
                            PAGE COUNTY PLANNING COMMISSION
                                      WORK SESSION
                                   June 8, 2010 - 7:00 P.M.

Members Present:                  Paul Price, Chairman, District 4
                                  Paul Otto, District 1
                                  Bernie Miller, District 1
                                  Alyce Getz, District 2
                                  Sherry Myers, District 2
                                  Charles Newton, District 3
                                  Sandra Hammel, District 5
                                  Scott Alexander, District 5

Members Absent:                   Louis Bosley, District 3

Staff Present:                    Kevin Henry, County Planner
                                  Michelle Somers, Zoning Administrator
                                  Tracy Clatterbuck, Program Support Technician

Others Present:                   Jamie Holsinger, Jon Phillips, Natalie Zuckerman

Call To Order:
Chairman Price called the meeting of June 8, 2010 Page County Planning Commission to order in
the Board of Supervisors Room located at the Page County Court House, 116 South Court Street,
Luray, Virginia, at 7:00 p.m.

New Business
A. Special Use Permit- Commercial Workshop- Jon Phillips
Mr. Henry began by noting the property in question was located on a private right-of-way, known as
Wynngate Drive, located one mile north of Rt. 211. The proposed business will allow for the repair
and restoration of vehicles within an existing building. In accordance with Section 125-10D (12) of
the Page County Zoning Ordinance, commercial workshops are allowed within the Agriculture
District with an approved special use permit. The property is roughly 6 acres, and no new
construction is proposed.

The type of repair being done is for historic vehicles, and since most of the work revolves around
restoration, vehicles will be in the workshop much longer than the average car repair, generating
less traffic than an ordinary auto mechanic. The business is limited to a maximum of three
employees with no initial plans for employees. All work being performed on the vehicles will take
place inside the garage as well as storage of parts and equipment.

Access to the property will be by means of an existing private entranceway on Wynngate Drive,
which is a private right-of-way. VDOT has indicated that no upgrades to the private right-of-way are
required at this time since the projected traffic to the business is minimal. The Health Department
has no objections to the application given the current health system. The garage is equipped with a
restroom facility. Finally, the Building Official has indicated that the garage meets the building code.
Page County Planning Commission
Minutes
June 8, 2010
Since the business is of a low intensity, the impact to adjoining properties is minimal. Although
most of the adjoining land has residential uses upon them within close proximity of the proposed
business, the impact will still be insignificant, given the conditions that are proposed.

The proposed workshop will have little to no impact on the surrounding area. The 2009 Page
County Comprehensive Plan states within Policy 6.10, that the county should allow commercial
and industrial uses in rural areas or near existing neighborhoods only if the use:

        a)      Does not unduly impede traffic flow on roads or intersections
        b)      Is not, and does not, initiate strip development
        c)      Has direct access to adequate roads, railroads, or airports;
        d)      Meets all standards for water, sewage, and waste disposal; and,
        e)      Does not adversely affect surrounding agricultural and residential activities

Given the above criteria, staff feels that this workshop is in conformance with the standards and
policies of the 2009 Page County Comprehensive Plan, and would recommend the following
special use permit which has been scheduled for public hearing later this month:

    1. THIS SPECIAL USE PERMIT IS TRANSFERABLE AND SHALL MEET ALL
        REQUIREMENTS WITHIN THE PAGE COUNTY ZONING ORDINANCE AS WELL AS
        ANY ORDINANCE AMENDMENTS FOR THE PERIOD SET FORTH WITHIN THE
        PARAMETERS OF THIS SPECIAL USE PERMIT. THE SPECIAL USE PERMIT SHALL
        REMAIN WITH THE PROPERTY FOR A PERIOD OF THIRTY 30 YEARS.
    2. THE BUSINESS SHALL BE IN COMPLIANCE WITH ALL COUNTY AND STATE
        AGENCY REGULATIONS.
    3. ANY CHANGE OF USE OR EXPANSION WILL REQUIRE A NEW SPECIAL USE
        PERMIT.
    4. ALL WORK RELATED TO THE BUSINESS SHALL BE PERFORMED INSIDE THE
        EXISTING DETACHED GARAGE, INCLUDING STORAGE OF PARTS AND VEHICLES.
    5. THE BUSINESS IS PERMITTED A MAXIMUM OF THREE (3) EMPLOYEES.
    6. THE BUSINESS IS LIMITED TO REPAIRING/RESTORING ONLY EIGHT (8) ANTIQUE
        VEHICLES AS DEFINED BY THE DEPARTMENT OF MOTOR VEHICLE AT A TIME,
        INCLUDING STORAGE.
    7. ANY BUSINESS USES OUTSIDE THE REPAIR REALM OF THE SPECIAL USE PERMIT,
        IS NOT PERMITTED.
    8. HOURS OF OPERATION SHALL BE 7 A.M. THROUGH 7 P.M.
    9. THE VIRGINIA DEPARTMENT OF TRANSPORTATION MAY REQUIRE THE
        ENTRANCE TO BE UPGRADED IF SAFETY, USE, OR MAINTENANCE OF THE
        EXISTING ENTRANCE CHANGES OR TRAFFIC GENERATION IS MORE THAN WHAT
        THE APPLICANT HAS PROJECTED.
    10. THIS SPECIAL USE PERMIT MAY BE REVOKED UPON MATERIAL NON-
        COMPLIANCE WITH THE TERMS OF THE PERMIT OR UPON VIOLATION OF ANY
        OTHER RELEVANT TERMS OF THE ZONING ORDINANCE. HOWEVER, PRIOR TO
        THE COMMENCEMENT OF ANY ACTION TO REVOKE THIS PERMIT, THE COUNTY
        SHALL NOTIFY THE PERMIT HOLDER IN WRITING OF THE MATERIAL NON-
        COMPLIANCE OR VIOLATION AND THE PERMIT HOLDER SHALL HAVE THIRTY (30)
        DAYS THEREAFTER TO CURE THE MATERIAL NON-COMPLIANCE OR VIOLATION.


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Page County Planning Commission
Minutes
June 8, 2010
        THE NOTICE SHALL BE DEEMED GIVEN WHEN HAND DELIVERED TO THE PERMIT
        HOLDERS OR WHEN MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
    11. THE ZONING ADMINISTRATOR OR THEIR DESIGNATED REPRESENTATIVE MAY
        VISIT THE SITE AT ANY TIME TO ENSURE COMPLIANCE WITH THE SPECIAL USE
        PERMIT CONDITIONS.

Mr. Henry explained that the covenants of the subdivision stated only residential uses were allowed
with the exception of home occupations. He noted that Mr. Phillips’ business was not considered a
home occupation because the size of the building was too large, even though Mr. Phillips resides
on the property. Basically, this proposal goes against the covenants of the subdivision. That means
that the BOS can approve this request because county code trumps covenants, but we would be
approving something knowing it’s wrong. If approved, it could also be open for civil dispute
between Mr. Phillips and the subdivision.

Commissioner Myers questioned if the adjoining neighbors were being notified of the proposed
business. Mr. Henry responded they would be receiving notice for the upcoming public hearing on
the proposal. He noted that a neighbor had complained about the business in which Mr. Phillips
was aware. Mr. Phillips has also spoken with other neighbors whom have no problem with the
proposed business.

Commissioner Otto stated that most Home Owners Associations have provisions for something
similar to a variance. He questioned if this particular subdivision had some sort of provision similar
to that. Mr. Henry stated that he was not aware, but Mr. Phillips may know of something like that.
It’s something that would need to be researched. Commissioner Newton questioned if they had an
active Home Owners Association. Mr. Phillips replied that they did not have an active association.
He explained that the complainant was just using this request against another issue. He explained
that 50 years ago there was a pond on site that dried up. With all the rain we’ve had in the last few
years, the pond has filled back up and they don’t like it there. Kenny Fox, Building Official, has
visited the site and has found no problem with the pond along with two other state officials whom
also have no problem with the pond. The only thing that the county or state has told him was that if
he decided to dredge it, he would have to contact the Army Corps of Engineers. He explained that
his business was basically an out of hand hobby for himself. He was originally from Maryland in
which he ran the business for eight years in a subdivision that had approximately 400 homes. He
stated he is known from around the country for his Model A’s. Commissioner Newton questioned
what the complainant wanted him to do about the pond. Mr. Phillips noted they were complaining
because of the mosquitoes. Commissioner Newton questioned if the pond had been there before
Mr. Phillips purchased the property, and Mr. Phillips replied, yes. Mr. Phillips noted that if the pond
wasn’t there, it would be worse on the neighbors.

Commissioner Hammel suggested checking on the covenants in the court house. Mr. Henry replied
that what he had handed out was the actual covenants from the court house. He noted he would
have to look for separate documentation on when the association was created. Commissioner
Hammel questioned if he could partition off a portion of the building (1,000 square feet) so it could
be considered a home occupation. Mr. Phillips stated he did not use the entire footage of the
building for the business. Mr. Henry pointed out that in the code it was 60% of the house, but you
can’t go over 1,000 square feet. Mr. Henry replied that after his site visit, he didn’t think Mr. Phillips
could do it due to all the storage and equipment needed for the business.


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Page County Planning Commission
Minutes
June 8, 2010

Commissioner Newton questioned who maintained the roads, and Mr. Phillips replied that the land
owners did. Commissioner Newton pointed out that was another reason they should have an active
association. Commissioner Otto stated he felt it wasn’t a good idea to go against the covenants.

Commissioner Alexander questioned if they could approve it with the condition of the covenant
issue being resolved. Chairman Price stated he felt the proposed business was a good thing. He
felt that was not the road to go down though. He stated they could schedule it for public hearing or
delay it until the covenant issue was resolved. Mr. Henry explained that the public notices had
already been sent out and advertised. He suggested they have the public hearing for more
discussion, and if the issue wasn’t resolved, they could table it. That way no one is losing any
money for the process. Chairman Price suggested Mr. Phillips talk with other owners regarding the
Home Owners Association, and bring back what he found at the public hearing. If that issue was
not resolved, then the SUP could just be tabled.

B. Cemetery Update
Mrs. Somers stated she had researched state code and surrounding counties and could not find
much information. She suggested the Commission set up a committee to establish some basic
regulations.

Commissioner Otto wondered if the Health Department had been contacted and Mrs. Somers
replied, no. He also pointed out that there was a difference in cemeteries and graveyards.

Chairman Price requested volunteers for the committee. Commissioner Hammel wondered if they
could do an independent study, and from there create a committee. Mrs. Somers reminded the
Commission Dow McGrady would be a great person to serve on the committee. Commissioner
Alexander questioned why this had been brought up to the Commission. Mrs. Somers explained
that the Zoning Department received questions on a regular basis about setbacks to cemeteries,
and there are no county regulations, so we can’t help them. After discussion amongst the
Commission, the following were appointed to the committee: Chairman Price, Commissioner
Hammel, Mr. Holsinger, and Dow McGrady. The first meeting was scheduled for July 8th, 2010 at
6:00 p.m. in the Conference Room in the Administration Building.

Unfinished Business
A. Mileage Reimbursement
Chairman Price stated that everyone knew what shape the county budget was in and that was the
reason he was suggesting that the Commission give up their mileage just as they had voted to do
their stipend for the upcoming year.

Commissioner Otto stated he had no problem with giving up the stipend, but the mileage was an
out of pocket expense. Along with the monthly meetings, they also have committee meetings. By
giving up the mileage, it may discourage participation. He suggested that if they voted on the
proposal, they do it by secret ballot. Commissioner Hammel stated that she agreed with
Commissioner Otto and by doing away with the mileage, would create a hardship for her.
Commissioner Miller stated that he was okay with giving up the stipend, but without the mileage it
may be difficult to find someone to volunteer for the Commission. Commissioner Myers stated she



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Page County Planning Commission
Minutes
June 8, 2010
had just got a job. She pointed out she didn’t take the Commission job for money, but she was
grateful for the mileage.

Chairman Price stated he was not trying to put anyone in a hardship position and he apologized if
he had stepped on anyone’s toes. Regardless of how the other members voted, he would not be
taking the mileage.

Commissioner Otto made a motion to act on Chairman Price’s recommendation of suspending the
mileage reimbursement by a unanimous vote through secret ballot. Commissioner Newton
seconded the motion. The motion passed unanimously.

Chairman Price noted that by writing “yes,” would mean you wanted to give up the mileage, and by
writing “no,” would mean you did not want to give up the mileage.

After a secret ballot vote of 4-4, it was determined that the Commission would not be giving up their
mileage reimbursement.

B. Citizen Comments on the agenda
Mr. Henry stated they had agreed at the last meeting to talk about the location of the Citizen
Comment Period on the agenda when more Commissioners were present. He reminded them how
many times they had heard from citizens that it was currently located in the wrong spot.

Commissioner Newton stated that at the beginning of the meeting could possibly work, but the
downside was the citizens would have another chance for a public hearing. Commissioner Otto
reminded them it could always be changed if it’s not working where they put it. Chairman Price
stated that there were reasons to put it everywhere on the agenda. The most important thing is to
make sure the public has the time, and to make sure they feel like they were heard. Mr. Holsinger
pointed out that the school board had two comment periods.

After much discussion amongst the Commission, it was decided to add another comment period
before unfinished business.

Other
There being nothing else on the agenda, Chairman Price adjourned the meeting at 8:15 p.m.



____________________________
Paul Price, Chairman




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