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PC 04-03-13 Meeting MinutesMEETING MINUTES OF THE FREDERICK COUNTY'PLANNING COMMISSION Winchester,.Virgnia on.Apnl 3;,20.13.: ounty'fldminstration Building at: T07 North Kent Street in-' Held in the Board Room of the Frederick C PRESENT: Brian Madagan,.Opequon District--,Pa ' R.:Oates; Stonewall'District; J. Stanley Crockett; Stonewall District; Lawrence, R. Ambrogi; Shawnee: District; H. Paige Manuel; Shawnee District; Kevin Kenney, 'Gainesboro. District; Charles E. Triplett,. Gainesboro District; Greg L: Unger;, Back Creek District; Christopher :M. Mohn, Red Bud District ;, Charles, F. Dunlap, Red Bud District; Roderick B Williams, County' Attorney,; Robert 'Hess, Board' of Supervisors Liaison and 'Steve Slaughter, Jr., Winchester Planning',Commission Liaison... g Roger Chairman/ . . ABSENT:: Juno 'iV1. Wilmot. Chairman /Member at Large; Ro L; Thomas, Vice, Qpeopon District; and -Ke i.n,0., Crosen, Back Creek District, STAFF PRESENT'. Eric R. Lawrence Plannin g Director; Michael. T. ,Ruddy, .D:eputy Planning ° Director; Mark. R. Cheran, Zoning & S,ubdivision', Administrator; Dana M. Johnston; Z6n'mg.,Inspector and, Renee' S. - Arlotta Clerk, CALL TO ORDER Secretary Lawrence called the'meeting to order at 7:00,p.m: . . ELECTION OF PRO- TEM'CHAIRMAYFOR THIS MEETING Secretary Lawrence 'announced that 'a pro -tem chairman for tonight's Planning! Commission would.need to be, elected„ due to the, absence of°the Chairman and Vice. Chairman. Election of Gary Oates, Pro -Tem °Chairman for the April 3; 2013' Meeting Secretary. Lawrence declared nominations' open for Pro -Tem Chairman; The nomination, of Commissioner Gary Oates for Pro -Tem Chairman, was "made, by Commissioner Crockett and seconded by Commissioner Triplett: A motion was made by °Commissioner Triplett, seconded by Commissioner Crockett; and` unanimously passed to closemominations for•Chairman,, PFrederickCountyPlanningComnissionaget959 Minutes, of April' 3,, 2013 2- Development Review & Regulations .Committee (DRRQ —3/19/13 Me. Commissioner .Unger reported the, DRRC did not have a meeting; .however, there was one,..' " review item emai led to committee members. He- said the ,staff had received a. request .to increase the set aside by more than the.required 60 %. Commissioner Unger said all - DRRC:members replied back and no ohe:had a problem with this modification request:.: City of Winchester`Plannin Commission — 3/11/13 Mtg., Commissioner Steve Slaughter, JK;, the City Planning Commission Liaison; reported the&. City Planning Commission is, currently working, on :an ordinancei for temporary signage within the City, In addition, they are working ;on an ordinance to better regulate: restaurants and entertainment. " establishments in the downtown area. Commissioner Slaughter said the City' Planning' Commission has scheduled their retreat for this Saturday, April 6, 201;3; ' Citizen .,Confnienis Chairman Oates called,for citizen comments for any subject,not currently: on the Planning Commission's agenda. No one came forward',to.speak'and Chairman Oates closed.the citizen,coniments; portion of the,meeting_, PUBLIC HEARING Conditional Use Permit, #02 -13 of Fred Sabia for a, Cottage Occupation -Home Office at, 102, Caliber C _ Court t, 1396). This property, -zoned RP :(Resdential:Performance), is :identified with P:LN. 54N7,: - • - 2- 5 -82'in the:Stonewall,,Magisterial District.: Action — Recommended Approval with Conditions, Zoning Inspector, Dana M. Johnston re or ed the applicanY'is requesting a onditonal_ use permit (CUP) to allow a, marriage and family counseling office within his residence. Mr. Johnston said cottage "occupations are allowed within the; RP (Residential .Performance) Zoning- District with an' approved` CUP, and At least two parking spaces will be required for this use. He reported the proposed' use is located within the Star Fort 'Subdivision and has direct access off of Caliber Court 'on an existing, driveway. M'r. Johnston, stated the applicant wishes to .have, no more than six „clients; per day and has requested the hours of ope-ration'be limited, to Monday through Friday, 9:00 a.m. to 6!00 p.m, with one additional Saturday per, month from 9:00 a.m., to 3;00 pm, He said the applicant has opted to have no t signs with this- use and no additional employees. Mr. Johnston said `the property is surrounded by residential properties- and based on the limied scale of the proposed use and the evaluation of the ,' property. this proposed use would not have any signifcant.impact on the adjoining properties Frederick °County Planning Commission `R Page 2961.- Minutes. of April,, 3 ,, ° 20'-13 Mr. Johnston next read; .a list of recommended con_ ditions, "should, the Planning, Commission .find_ th_ i'_s use; to be appropriate. Commissioner Kenney referred to the 'applicant's, request-to have =no, more than six clients per day.He asked if the appointments are, staggered so there will not bean overflow of cars and parking. Commissioner Kenney inquired how many vehicles the applicant owns and. how many vehicles will the, driveway accommodate. Mr, Johnston "replied, the house has, a two -car- garage and a; driveway to , accommodate'four vehicles; therefore; parking should -not .be an.issue for-this use. Mr. Fred Sabia; the applicant and owner of the property, stated he was a marriage and family °therapist. Mr;, Sabia said he owns two vehicles; however, they often, park on: the street for various reasons. He said there is plenty of room to accommodate parking: Mr? Sabia. said his "in -Taws li'e neki door and he•often`parks there.; Mr. Sabia said he has'situations when he is with client and the next clierit Will arrive and be in the waiting room so there wi]l`be two vehicles• 'however, there, •should be sufficient room. Chairman Oates called for anyone, in the audience who may °wish to speak regarding-the .` pro osed CUP. No one "came forward to speak Chairman Oates closed the -ublic comment portion, ofPPP. the hearing,. No other issues were.raised.'bythe Commission and no further discussion;ensued. " Commissioner Crockett made a emotion to recommend approval with the conditions recommended by the staff. This motion. was seconded by .Commissioner "Manuel and unanimously passed. BE IT RESOLVED, the Frederick County Planning Commission does .hereby recomiend approval of .` Conditional Use Permit-#O2 - 13 of Fred. Sabia for a Cottage Occupation =Home Office,at 1'02 CalibermCourf:_ Rt. ;13.96,) with the fol lowing- conditions: 1 - Y 9 p times: ` All reviewagenccommentsandreuirementsshallbecompliedwrtliatal] 2. No; more, than six clients per day: 3: The.applicant shall provide twoparking spaces`for this, dse. .`. 4`. Hours of operation "shall'be Monday through .Friday, 0.00 a.m: to 6 a00 p.m., and one additional` Saturday a month from 9:00 a.m;, to 3° P.M. 5. 'No signage perhiitted 61 Other than: those: residing on .t to ees.; Theproperty; there, shall be rio additional emp _y 7. .Any expansion or change of use, shall. :require:,a new conditional use permit Note' Wilmot Thomas ,and "Crown were absenvfrom the meeting) Frederick County Planning Comnission• Page 2962 Minutes of April 3, 2013 INFORMATION/ DISCUSSIONATEMS Discussion, of a Comprehensive ;Policy Plan Amendment ,(CPPA) for Lord Fairfax Community College; (LFCC)/ Middletown. Sewer and Water Service Area (SWSA) - Future Expansion Area. Subsequent to the recently- approved LF..CC/Middletown.SWSA, which.:created a 438 -acre SWSA in the area surrounding and 'including the LFCC, °the proposed "future expansion area, previously identified as Phase 2, includes, An additional 1,00. acres, of`busi-hess development land uses in support: of the LFCC and a: potential expansion, of the Middletown/ Lord' Fairfax'SWSA. The LFFCC/ Middletown SWSA is ocated within the Back Creek Magisterial District Deputy Planning Director, Ivl Aae'l,' T. Ruddy, reported 'the, Middletown /,' Lord Fairfax. SWSA (Sewer :and Water :S,erviee ,Area) is an urea: plan approved by the; Board; of Supervisors in .. „ November of 201,2., -' 0:12:, Mn: Ruddy said it created a -SWSA just _north of 'the" Town of Middletown to accommodate ublic water and sewer.for `Lord Fairfax Community College, LFCC and surrouridin '` p. Ty g ( ). g properties which: were. a ,part of: the, college foundation., He said at that time, the direction, was 'to move forward with that project, but also; in due course;, to examine the surrounding; area and evaluate it° fore potential.inclusion and incorporation into this land use plan. Mr. Ruddy noted. the Comprehensive Plans and :;Programs Committee (CPPG) has studied the areas surrounding the LFCC ,over the recent few' months: Mr. Ruddy stated. the "future expansion area (or Phase 2 Area):is' approximately 100: acres: in ;size: and is :contiguous` to the existing Middletown/Lord Fairfax SWSA. He said the future land use'in this area is envisioned.' nvisioned to promote areas of business" development in support of the adjacent land' use; LFCC. The business development land uses may include a "variety of support services to programs offered at the college, including but not limited to;`Health` Care;, Life Sciences; ;and Technology, Other. independent, business development land uses may" promote the mixed use industrial %office °1'and use. p .. classification; o f the Comprehensive Plan, the OM Park District, which is designed fo "provide for areas; for research- and - development centers, office parks, and minimal inipact `industrial and; ;assembly uses. ''H said zoning districts oche "r, than O1VI may be proposed which support business development and "the college. Mr. Ruddy, noted all of these 'uses would ;provide opportunities for workforce deve'lop`ment - associated.with:LFFC.. He pointed out that residential land uses are not;proposed in this;area. Commissioner Crockett commented that: Frederick County Sanitation Authority (FCSA); does`not h;;ave infrastructure in this area; he inquired „if Middletown had the,capacity to serve the area:' Mr. Ruddy replied that the 'Town of `Middletown ,purchases water through an agreement.. with the,City of'Winchester; however, they have their own wastewater treatment ,facility. Mr. Ruddy said Middletown has, anticipated growth, within the town boundaries and in. addition the. have been, looking-to - the east of the ,,town, in the Reliance Road area. He said that while Middletown is aware of this area, and have commitments to serve the community college; their future planning would have to ;take into, account; this - location in,addition to other areas. He, said the, Town of Middletown has stated that although- the y'% presently have ,capacity, they will have to be; very thoughtful about.how`they would serve'these areas,and Which areas would be prioritized. Commissioner Cro:cketi commented the Town of Middletown would have to limit.or put,.- typ _ restrictions, on what e' of business or industry goes m there, depending on their, water usage or what type- of sprinkler systems. they have. Mr. Ruddy clarified that the Town of Middletown has stated they71 would lie, willing -to serve .this area; but they'would have, to. be thoughtful about how they planned,their Frederick County P,lannidg- Commission, Page 2963 , Minutes ,of April Y, 200 4- infrastructure Mr.,,Ruddy said 'the, Town's infrastructure may be. sufficient to; serve: this area presently, but they,may also have to grow 'the ir system: abilities for theTuture:. Commissioner. Unger.commented if this is something that would enhance the college and hopefully . ipy t will,, `he thought :it was an excellent idea; Comm ssioner' Unger:' believed it, would help the: ho . college to grow and,also help'the Town of Middletown,. Mt. Even Wyatt "with. Greenway Engineering was representing Mr. Jeff Hester, who was the owner of ihe` adjacent property to the north. Mr,.'Wyatt stated the .pr -imary, concern is for this area to. be placed within the SWSA. He said the relationship the Hesters have with LFCC is such that cif an-, opportunity presents itself, they want to be in a position to be able to ;go straight to rezoning and-,not to have to come back for `a ,second Comprehensive Policy Plan amendment because the'business opportunity would, most likely `not .be able to sustain that time frame.. Mr. Wyatt said, they have ,engaged both the City " of Winchester ,and 'thee Town of Middletown.. with the question, of water and sewer service and at this point in time, they havereceived, a letter'from the .City advising their willingness to serve with water. He( said'they also met with the mayor of 1Vliddletown,andhe is ready to provide the applicant With. a:letter as well.. He said both .groups, are: ready, willing,,-and able,-to provide service if the, Sanitation Authority and the Board o'f Supervisors' will allow, it: No action. was taken or needed by the Planning ,Commission at this time; = p Discussion :of the Northeast: Land Use Elan, Update and. the. Sewer -and Water,Service Area (SWSA), - Expansion Area. As a; result of a SWSA ;Expansion Study in the vicinity of the Light family properties :near the intersection of Woodbine and Woodside. Roads in the.,Sionewall. Magisterial _. District, pan amendment to, the No Land Use Plan (NELUP) is proposed which supports business development. land uses and . and adds approximately ;530 acres ; into, thepPP, SWSA: Deputy Planning Director, _Michael T. Ruddy., reported that the Northeast Land Use Plait NELUP) approved ,in, 201°0 identified. a number of different; land uses developing in the northeast part of -" the, County and Interstate 81 and, Route I 1 provide the framework for this area. Mr.,Ruddy statedahat in light of the Courity's' , recent business development efforts and study, this 'Comprehensive .,Plan' Amendment ;request was brought forward. Initially, the request revolved -around several; properties, known as the Light Properties; consisting of approximately 400 acres, which were located in the northeasf portion of the' NELUP. Mr. Ruddy said that presently, half of the Light. Properties are, ;within,.the SWSA andrhalfare outside ofthe SWSA. Mr. Ruddy stated that -. in looking at, the broader area, the Comprehensive Plans Programs Committee (CPPC): evaluated 'the existing land ,uses proposed, which w ere Industrial, Light Industrial; Heavy :Industrial," and Warehouse. Distribution; and were supportive of continuing those land, uses and.,also opening the area up a little :more.to, a broader industrial designation. Mr. Ruddy showed the.. potential SWSA boundary modification with land. uses. He pointed out the existing SWSA boundary.; and the location of the proposed extension of the SWSA. He said the extension picks. up' the land uses that are ,, currently 'identified within, the 'Comprehensive Policy Plan and the NELUP as a variety of' different:' . ` industrial :uses.. „ He said this proposal moves tfie, SWSA boundary in support of those land uses and' Frederick:County. Planning Commission _ Page 2964 rMinutesaofApril3,.2013 '