Loading...
HomeMy WebLinkAboutPCMinutes2024October2 Frederick County Planning Commission Page 4148 Minutes of October 2, 2024 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 2, 2024. PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District; Elizabeth D. Kozel, Shawnee District; Robert S. Molden, Opequon District; Kevin Sneddon, Opequon District; Justin Kerns, Stonewall District; Betsy Brumback, Back Creek District; Jeff McKay, Back Creek District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Charles Markert, Red Bud District; Mollie Brannon, Member at Large; Austin Cano, Acting County Attorney. ABSENT: Charles S. DeHaven III, Stonewall District. STAFF PRESENT: Wyatt G. Pearson, Director; M. Tyler Klein, Senior Planner; Amy L. Feltner, Planner I; Kayla Peloquin, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator. CALL TO ORDER Chairman Stowe called the October 2, 2024 meeting of the Frederick County Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Kozel, the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- Frederick County Planning Commission Page 4149 Minutes of October 2, 2024 COMMITTEES City of Winchester – 10/1/24 Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the Commission held a work session and discussed the following: Resolution for a Comprehensive Plan amendment; a resolution recommending the common council amend the City of Winchester 2022 Comprehensive Plant to introduce Neighborhood Design Districts; ordinance to amend the development plan and revise proffers associated with 144 Weems Lane; a CUP for Dawood Hatami to allow for a bed and breakfast inn and off street parking; a request for Oakcrest Builders for preliminary major subdivision approval of 8 residential lots; text amendment to the zoning ordinance. ------------- CITIZEN COMMENTS Chairman Stowe called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Stowe closed the public comments portion of the meeting. ------------- PUBLIC HEARINGS Conditional Use Permit #06-24 for Robert Molden Action – Recommend Approval Commissioner Molden would abstain from all discussion on this item for a possible conflict of interest. Kayla Peloquin, Planner I, reported the Applicant proposes using an existing barn and the surrounding farm for a special event facility. The property is located at 230 Dependence Lane and is the Opequon Magisterial District. She continued, the events will consist of 4-6 weddings, 4-6 private parties, and 4-6 music events per year. The proposed maximum is 250 people for weddings and private parties, and 500 people for music events. The applicant will bring in portable restroom facilities and allow food trucks on the property for events. Mrs. Peloquin explained, the Applicant’s sketch reflects parking along the existing driveway (Dependence Lane). There are several other gravel parking areas and there is at least 1,000’ of distance in all directions from the existing barn to the nearest dwelling. The proposed use would not significantly change the character and established pattern of development of the area as no new structures are proposed. She shared a zoning map and a sketch of the property. Mrs. Peloquin continued, the proposed use generally does not aid the County in achieving the desired land use expressed in the Comprehensive Plan, however it may otherwise be an appropriate use in the near term as a special event facility is permitted in the RA (Rural Areas) Zoning District with an approved CUP and the proposal would not inhibit future development of the area. Furthermore, the current Frederick County Planning Commission Page 4150 Minutes of October 2, 2024 lack of Frederick Water infrastructure in the vicinity presents a large obstacle to industrial and office development in the area in the near term. Mrs. Peloquin shared the conditions as recommended by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. Outdoor amplified music shall conclude by 10:00 p.m. 3. No more than 500 people on the property at any one time. 4. No more than 18 events per year. 5. An illustrative sketch plan, addressing the additional regulations for special event facilities contained in §165-204.30 shall be approved by Frederick County, and the improvements shown on the plan, including the commercial entrance required by VDOT, shall be completed prior to the establishment of the use. 6. Any expansion or change of use shall require a new Conditional Use Permit. The Planning Commission discussed the Zoning Ordinance definition of a special event facility that allows events to be conducted for up to three consecutive days. The Zoning Administrator has made the interpretation that overnight stays/camping would be permitted in conjunction with an event as long as the conditions of the Cup and the health department standards for temporary camping were followed. The Commission pointed out that the VDOT comment only stated a commercial entrance would be required but did not comment on the ability of Reliance Road to handle additional traffic from the proposed use. The Commission recommended adding a condition that would nullify the CUP if any of the properties were sold. They also discussed the County’s recourse through the zoning violation procedure should a complaint be submitted for the properties. Robert Molden, the Applicant stated that the music events would take place around the barn, camping would be allowed in the open field behind the house and barn, a small sign would be placed along Reliance Road, and gate near the entrance would be installed to control attendees. He noted, he would like to work with the Middletown Volunteer Fire & Rescue Department to have help if needed. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Marlene Cross whose property borders this proposal came forward and spoke in favor of this application. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Sneddon and seconded by Commissioner Thomas to include revised conditions BE IT RESOLVED; the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #06-24 for Robert Molden. (Note: Commissioner DeHaven was absent from the meeting) Conditional Use Permit #07-24 for Lynn Ramey Wolfe Trust (Brenda Edwards) Action – Recommend Approval Frederick County Planning Commission Page 4151 Minutes of October 2, 2024 Commissioner Triplett would abstain from all discussion on this item for a possible conflict of interest. Amy Feltner, Planner I, reported this is a proposal for a special event facility located at 1261 N. Hayfield Road and in the Gainesboro Magisterial District. She shared a location and zoning map of the property and surrounding parcels. Mrs. Feltner continued, the Applicant proposes utilizing a 20’x30’ open picnic shelter, a wooden low-rise platform, and a 10’x12’ low rise photo deck for the primary area of the special event facility. An existing 30’x60’ metal building is proposed to be utilized as the primary office, bridal suite, and staging area. In the event of inclement weather, the building would serve as the event area and if the venue is successful, renovation of a second metal building may develop in the future, at which time the Applicant will submit for a new conditional use permit. Mrs. Feltner shared, the special event facility will operate from May to November with hours of operation limited to Fridays, Saturdays, and Sundays; dawn to dusk and under no conditions, later than 10:00 p.m. The Applicant proposes no more than 10-26 total events per year with each event averaging 25-100 people in attendance. Mrs. Feltner noted, the Applicant is proposing no amplified music. She shared and aerial photo provided by the Applicant. She explained §165-103.02 of the Zoning Ordinance on standards for Conditional Use Permits: The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use; The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties; The conditional use shall be in accord with the polices expressed in the Comprehensive Plan of the County and with the intent of this chapter; The conditional use permit shall be approved only if adequate facilities, roads, safe access, and drainage are provided; and the conditional use shall conform with all applicable regulations of the district in which it is located. Mrs. Feltner presented the condition for this CUP as suggested by Staff: 1. All review agency comments and requirements shall be complied with at all times. 2. Operations shall begin no earlier than 6:00 a.m. and shall conclude by 10 p.m. 3. Special events shall be held on Friday, Saturday, and Sundays only. 4. No amplified music will be allowed at any time. 5. Special events may accommodate up to and not to exceed 100 persons. 6. Employees are limited to those that reside on the property. 7. An illustrative sketch plan, addressing the additional regulations for special event facilities contained in §165-204.30 shall be approved by Frederick County, and the improvements shown on the plan, including the commercial entrance required by VDOT, shall be completed prior to the establishment of the use. 8. Any expansion or change of use shall require a new Conditional Use Permit. The Planning Commission requested clarification from the Health Department comment on the differences on the required restroom facilities as it relates to the attendees and wished to understand the inconsistency seen in two recent special event facility applications. Concern from the Planning Commission addressed the requirement of the gravel surface for the parking area and the detrimental effects to the hay field. Mrs. Feltner noted an ordinance change that if adopted, would be retroactive to the approved CUP. The proposed change is currently in the process and will be forthcoming in the near future. Frederick County Planning Commission Page 4152 Minutes of October 2, 2024 The size of an existing building was discussed; however, the building was identified as an Agricultural exempt structure by the Building Inspections Department and is exempt from building code/occupancy regulations. The stipulation of no amplified music was questioned and the Applicant verified that the events were intended to be low key and no amplified music would be on the property. The Planning Commission questioned the hours of operation, specifically the start time of 6 a.m. The Applicant wished to acquire a predictable income with the event facility, operate at a small scale, and the 6 a.m. start time was to make use of the sunrise in the southeast area of the property for health and wellness groups. Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Two citizens spoke against the CUP, both are located at a lower elevation that the Applicant. Their concerns were of noise generations, people wondering onto their property, failure of a private septic system, and traffic on N. Hayfield Road and the Route 50 West intersection. One resident feared the noise would disrupt their children’s sleeping pattern and another voiced concerns about the location of the parking area of the events facility as it related to his required septic field. The Applicant stipulated the events were seasonal and Indian Hollow Elementary School is not in session during the summer months nor the weekends. A pond located on the adjacent property was a concern for the neighbor and the liability associated width any accidents. Mrs. Feltner noted, the pond is located approximately 140 ft. north of the adjoining property line and 220 ft. from the proposed parking area. There is no fence installed at the property line to prevent access to adjoining properties. No one else came forward to speak and Chairman Stowe closed the public comment portion of the hearing. Upon a motion made by Commissioner Aikens and seconded by Commissioner Thomas BE IT RESOLVED; the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #07-24 for Lynn Ramey Wolfe Trust (Brenda Edwards). (Note: Commissioner DeHaven was absent from the meeting) ------------- ACTION Rezoning #08-24 for D & M Container Service Action – Recommend Approval M. Tyler Klein, Senior Planner, reported this is a request to rezone one parcel totaling 13- acres from the RA (Rural Areas) Zoning District to the M1 (Light Industrial) Zoning District with proffers for the purposes of establishing a container service facility and other M1 Zoning District uses. He shared a zoning map of the property and a GDP (Generalized Development Plan). Mr. Klein shared, a public hearing was held on September 4, 2024 and action was tabled to this meeting. A revised proffer statement (dated September 26, 2024) was submitted: Additional Route 277 ROW dedication and to include a trail; Limitations on allowed and conditional uses; Hours of operation restrictions; Commitment to high quality building materials for new buildings; and Landscape buffer/screening along Route 277. Mr. Klein concluded; this application proposes uses typically associated with industrial land use designation. A commitment to high-quality building material limited to 25% of façade as other applications in the vicinity Frederick County Planning Commission Page 4153 Minutes of October 2, 2024 of the project have committed to 100% of road facing façade to be high quality building materials including cast stone, stone, brick, glass, wood, dry vit, or stucco. The Planning Commission expressed support for the changes the Applicant made to the application to address future Route 277 ROW, architectural standards envisioned by the Plan, hours of operations, and restriction of industrial uses that could impact adjoining residential properties and roadways. Upon a motion made by Commissioner Molden and seconded by Commissioner Thomas BE IT RESOLVED; the Frederick County Planning Commission does unanimously recommend approval of Rezoning #08-24 for D & M Container Service. (Note: Commissioner DeHaven was absent from the meeting) ------------- OTHER Wyatt G. Pearson, Director, reported there will be a work session on November 6, 2024. He noted, the Planning Commission meeting scheduled for October 16, 2024 will be canceled. ------------- ADJOURNMENT No further business remained to be discussed, and a motion was made by Commissioner Kozel to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting was adjourned at 8:25 p.m. Respectfully submitted, ____________________________ Tim Stowe, Chairman ___________________________ Wyatt G. Pearson, Secretary