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PC 04-19-17 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia April 19, 2017 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ................................................................ (no tab) 2) March 1, 2017 and March 15, 2017 Meeting Minutes ................................................... (A) 3) Committee Reports .................................................................................................. (no tab) 4) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 5) Conditional Use Permit #05-17 for Virginia Preferred Properties, for an indoor commercial recreation/private gym facility. The property is located at 351 Victory Road, Winchester, Virginia and is identified with Property Identification Number 64-A-80D in the Shawnee Magisterial District. Mr. Cheran ....................................................................................................................... (B) 6) Conditional Use Permit #06-17 for Thomas E. Jeffries, for an indoor commercial recreation/softball training facility. The property is located at 291 Independence Drive, Winchester, Virginia and is identified with Property Identification Number 64-11-16 in the Shawnee Magisterial District. Mr. Cheran ....................................................................................................................... (C) Other Adjourn Commonly Used Planning Agenda Terms Meeting format Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide comment to the Planning Commission on any items not scheduled as public hearing items. Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning Commission will take action on the item (see below). Action Item–There are both public hearing and non-public hearing items on which the Planning Commission takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during the Action Item portion of the agenda. Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning Commission for information and discussion. The Planning Commission may offer comments and suggestions, but does not take action on the agenda item. No public comment is accepted during the Information/Discussion Item portion of the agenda. Planning Terminology Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area of the county where community facilities and public services are more readily available and are provided more economically. Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses in area where residential land uses are not desirable. Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of land. Common land use categories include: agricultural, residential, commercial, and industrial. Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards. Frederick County designates these areas, and establishes policies and ordinances over types of land uses, density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the future development of a community, protect neighborhoods, concentrate retail business and industry, and channel traffic. Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted land use activities on their land. A rezoning changes the permitted land use activities within the categories listed above under Land Use. Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a matter of right within a zoning district, is considered through a public hearing process and usually contains conditions to minimize any impacts on surrounding properties. Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result of a citizen request with substantial justification supporting the change. Amendments ultimately proceed through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors. County Bodies Involved Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the policy-making body of the county. Functions of the Board of Supervisors related to planning include making land use decisions, and establishing growth and development policies. Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the Board of Supervisors which then takes final action on all planning, zoning, and land use matters. Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose primary responsibility is to formulate land use policies that shape the location and timing of development throughout the County. Included in the work are studies of specific areas to develop guidelines for future land use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan. Decisions by CPPC are then forwarded to the PC for consideration. Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions are also forwarded to the PC for consideration. A Frederick County Planning Commission Page 3415 Minutes of March 1, 2017 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 March 1, 2017. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; William H. Cline, Stonewall District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District. STAFF PRESENT: Michael T. Ruddy, Director; Mark A. Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the March 1, 2017 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ------------- ADOPTION OF AGENDA Upon motion made by Commissioner Thomas and seconded by Commissioner Kenney, the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Cline, the Planning Commission unanimously adopted the minutes from the January 4, 2017 meeting. Frederick County Planning Commission Page 3416 Minutes of March 1, 2017 COMMITTEE REPORTS Frederick County Sanitation Authority (FCSA) – Mtg. 02/21/17 Commissioner Unger reported the FCSA Board held a public hearing to receive comments on the FY 2018-2027 Capital Improvement Plan for FCSA. He explained the 10 year plan has 56 projects, with a total cost of $71 million. Commissioner Unger highlighted two projects with the most significance: Re-Located Anderson Water Treatment Plan; Opequon Water Supply Plan. Commissioner Unger noted these two projects will enable FCSA to expand its water provisions to meet the water demands of the growing community. Commissioner Unger reported: total customer base for water 15,151; total customer base for sanitary 14,659; rainfall for the month 3.58”; water productio n at the Diehl plant 1.705 MGD; water production at the Anderson plant 1.548 MGD; purchases from the City of Winchester 1.969 MDG; daily average 5.22 MGD. Development Review and Regulations Committee (DRRC) – Mtg. 02/23/17 Commissioner Kenney reported the committee continued discussion on permitted and conditional uses, supplemental regulations and definitions of new uses in the RA (Rural Areas) Zoning District. A discussion was also held on the reduction of the required setbacks for accessory structures on private right-of-ways as noted by Commissioner Kenney. Transportation Committee – Mtg. 02/27/17 Commissioner Kenney reported VDOT presented a SmartScale update. Commissioner Kenney continued, the committee also discussed the MPO Draft work program and Mr. John Bishop presented updates on County projects. City of Winchester – Mtg. 02/21/17 Commissioner Wolfe, Winchester City Planning Commission Liaison, reported a CUP for Long Ridge Cigars, LLC to establish a private club was approved by the Commission. Board of Supervisors Report – Mtg. 02/22/17 Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board approved Reliance Road truck restriction in agreement with Warren County. CITIZEN COMMENTS Chairman Wilmot 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 Wilmot closed the citizen comments portion of the meeting. ------------- Frederick County Planning Commission Page 3417 Minutes of March 1, 2017 PUBLIC HEARING Conditional Use Permit #10-16 for William Conley submitted for a cottage occupation-furniture repair shop. The property is located at 5738 North Frederick Pike (Route 522 North) and is identified with Property Identification Number 19-A-25D in the Gainesboro Magisterial District. Action – Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator reported this application is for a cottage occupation – furniture repair shop and is located on North Frederick Pike (Route 522 North) and is zoned RA (Rural Areas) District and the land use is Residential. Mr. Cheran continued, the Frederick County zoning ordinances allow a cottage occupation in the Rural Areas zoning District with an approved CUP (Conditional Use Permit). Mr. Cheran explained this proposed cottage occupation will be for a furniture repair business located within an attached garage approximately 21’x 25’ in area. Mr. Cheran concluded Staff recommends the following conditions: 1. All review agency comments shall be complied with at all times. 2. No retail sales shall be permitted. 3. Hours of operation Monday-Friday 8:00 a.m. to 5:00 p.m. 4. No employees other than those residing on the property. 5. One cottage occupation sign is permitted. 6. Any expansion or change of use shall require a new conditional use permit. Commissioner Thomas asked if this business has been in operation at this location for some time. Mr. Cheran explained that is correct; this came to the Planning Department as a zoning violation and to resolve the violation the CUP has been brought forth. Commissioner Thomas asked the applicant if he understood and agrees to all of the conditions presented by Staff. Mr. Conley, the applicant stated he understands the conditions and Staff have explained them well. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed t he public comment portion of the hearing. Upon motion made by Commissioner Kenney, and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommen d approval of Conditional Use Permit #10-16 for William Conley, submitted for a cottage occupation- furniture repair shop. The property is located at 5738 North Frederick Pike (Route 522 North) and is identified with Property Identification Number 19-A-25D in the Gainesboro Magisterial District. (Note: Commissioners Oates, Ambrogi, and Manuel were absent from the meeting) Frederick County Planning Commission Page 3418 Minutes of March 1, 2017 Conditional Use Permit #01-17 for Bowman Library (Shenandoah Mobile LLC) Wireless Commercial Telecommunication Facility – submitted to construct a wireless telecommunications consisting of a 195 foot telecommunication monopole tower with supporting equipment in a fenced compound. The property is located at Bowman Library at 871 Tasker Road and is identified with Property Identification Number 75B-A-1 in the Shawnee Magisterial District. Action – Recommend Denial Mark A. Cheran, Zoning and Subdivision Administrator reported this proposed 195 foot monopole-type commercial telecommunication facility is located on a 16+/- ac property that is zoned RP (Residential Performance) District. He continued the property is located within the UDA and SWSA as identified within the Comprehensive Plan, and is located within the Southern Frederick Area Plan. Mr. Cheran noted these plans identify this area to remain residential in character. Mr. Cheran explained the Frederick County Zoning Ordinance allows for commercial telecommunication facilities in the RP (Residential Performance) Zoning District with an approved Conditional Use Permit (CUP). Mr. Cheran reported the Applicant is requesting a waiver to reduce the required setback as permitted by the Zoning Ordinance and should this waiver be granted, the result will be a 73’ setback reduction. Mr. Cheran noted this proposed telecommunication tower is required to be setback from the property line 200 ft. Mr. Cheran presented a locations map of the property and the site of the pole. Mr. Cheran concluded should the Planning Commission find this use appropriate, Staff recommends the following conditions: 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion of change of use shall require a new Conditional Use Permit. Mr. Cheran noted, in addition should the Planning Commission find the waiver to the required setback acceptable; a motion to recommend approval of setback reduction of 73’ to allow the tower to be 127’ from the identified property would be appropriate. Commissioner Unger asked what the reason the Applicant is in need of a waiver. Mr. Cheran explained the site for the tower is close to the property line. Mr. Ed Donahue, local council for Shentel came forward. He noted Lynn Koerner would be explaining the site acquisition process, and the setback waiver. Mr. Donahue also mentioned Mr. Chris Sahr of Shentel who is a senior RF (radio frequency) engineer that would explain the propagation maps, the need for the tower, and how the site fits within the network. Frederick County Planning Commission Page 3419 Minutes of March 1, 2017 Mr. Lynn Koerner, site acquisition consultant with Shentel came forward. Mr. Koerner began by giving a brief overview of how Shentel decided on this location. Mr. Koerner presented mapping that reflected the existing tower sites closest to the target area which included: Sherando High School; the old Armel School on Route 522 South; Hockman property; Exxon Station at Stephens City. He noted the objective is to get a tower in the middle which will off load the other sites and provide the necessary coverage in the middle of the area. Mr. Koerner continued the water tank at FCSA was looked at as a possible location; however there is an installation on the water tank; the option to rebuild this installation will not work for this project after extensive testing ha d been completed. Mr. Koerner reported another site that was considered was the CVS/Handy Mart at the intersection of Tasker Road and Warrior Drive; it was determined this location was not tall enough to place antennas high enough to clear the trees to provide the necessary coverage. After discussions with Frederick County a site was considered for Sherando Park, however that site was determined to be not feasible for this project. Mr. Koerner stated a property on Land Grant Lane was looked at and the property owner is in the process of planning to build a home in the spot the tower would need to be placed. Mr. Koerner noted they also spoke with FCSA in regards to the location at Lakeside Drive and the collection pond which was also not feasible due to a deed restriction; and the property across from the library, the owners are not interested in leasing the property. Mr. Koerner reported after exhausting all the mentioned sites he then approached Frederick County and formally asked if the County would be interested in leasing the property at the Bowman Library; a lease was negotiated and presented to the Board of Supervisors. Mr. Koerner continued balloon testing was completed on the site at which time he presented various photos of the proposed tower from different locations where it would be visible. Mr. Koerner reported a community meeting was held on January 17, 2017 at the Bowman Library which resulted in very good discussion. In regards to Commissioner Unger’s question why it is being moved back; he explained between where the proposed tower site and the fence there is a sanitary line that goes through the area that they want to make sure remains protected. Commissioner Mohn inquired is this tower to improve service or provide service. Mr. Koerner noted he would let Mr. Chris Sahr address that question. Commissioner Thomas noted the topography slopes in that area towards Lakeside Drive, therefore the waiver is from the rear property line in and unoccupied area; on the eastern side towards Lakeside Drive should the tower ever collapse would there be provisions or insurance from the engineer that it would not end up falling on Lakeside Drive or rolling into Lakeside Drive with a monopole tower that would have the ability to go down the slope. Mr. Koerner explained the engineer report that has been provided with the application notes the tower will be designed to collapse within about 73’. Commissioner Thomas noted that is part of his concern, and will there be a barrier to keep it from rolling to Lakeside Drive should it collapse. Mr. Koerner stated a barrier is not being designed at this time however that can be addressed and research will be done if necessary. Commissioner Kenney inquired was the feedback at the community meeting positive/negative. Mr. Koerner noted there were comments regarding health effects, the eco system, and real estate values. Mr. Chris Sahr, a RF Engineer for Shentel came forward to speak as to why Shentel would like to put a tower at the Bowman Library. Mr. Sahr presented mapping depicting each Shentel customer as of 2015 in the Lakeside area. He noted there are quite a few customers in this area in need of improved service and it is a concentrated area. He noted the goal of Shentel is to improve service in this Frederick County Planning Commission Page 3420 Minutes of March 1, 2017 area and by placing the tower at the Bowman Library would improve the service to over 2,000 customers in the localized area. Mr. Donahue commented regarding the community meeting; evidence supports there are no real effects on property values when placing a tower. He shared information that the FCC provided and Shentel must be in compliance at all times. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. James Sylvester of 102 Lakeside Drive, in the Shawnee Magisterial District came forward. Mr. Sylvester shared his displeasure of the proposed cell tower. He cited many concerns to include: deed conveyance; harm to the eco-system at the lake; an eyesore for the entire Lakeside area; harmful health impacts; and too close to the Bowman Library. Chairman Wilmot commented there are a number of things involved with this application and the Planning Commission has a specific layer of it and it’s their job to find out whether or not this proposal meets the requirements of the telecommunications laws and the other is to determine if this is a good land use. Mr. Michael Roma of 106 Lakeside Drive came forward and expressed his opposition of the proposed cell tower based on the area being designated residential and the health risks it could impose. Ms. Maya White Sparks of the Lakeside area came forward and noted she strongly opposes the proposed cell tower for many reasons: it could destroy the beauty and integrity of green space within the community; the disruption of delicate wetlands environment; un welcoming eye sore; potential health risks; the library staff will be exposed daily to an industrial scene and unhealthy frequencies; cell tower safety hazards such as a collapse. She concluded by asking the Planning Commission to hold fast to the vision that they have developed. Ms. Treasa Vogel came forward noting she is a long-term volunteer of the Stewardship of Virginia Adopt-A-Stream program and the Lakeside Lake has been a part of the Department of Conservation and Recreation Adopt-A-Stream for over a decade. Ms. Vogel continued her purpose in coming today is to express her concern regarding the CUP for the cell tower. She reiterated many of the same concerns as others: ill health impacts; property values, and an eye sore to the community. Ms. Ruth Jimenez came forward with sign language interpreter Genie Searcy. She expressed her concerns with the cell tower. Ms. Jimenez stated she has three children and is concerned with what their generation will face with this cell tower. She continued; she worries about radiation, the environmental effects, and health impacts for the future generation. Ms. Dana Harman-Keith came forward with sign language interpreter Genie Searcy and expressed her concerns. She explained she moved here to get away from the city. Ms. Harman-Keith continued she understands poor cell service and the option is there to change cell providers. She is also concerned with the level of radiation that will be present; placement is too close to the library; many health concerns. Ms. Harman-Keith concluded that Shentel should try to find an area that is less populated for the placement of a cell tower. Frederick County Planning Commission Page 3421 Minutes of March 1, 2017 Mr. Tim Davis of 104 Lakeside Drive commented he purchased his home in 1990 for the view it presented. He continued he would not purchase there if a cell tower were in place. He is concerned and completely opposes the tower. Mr. Leo Smith came forward in opposition of the cell tower. He commented if there is poor cell service change providers to one that can accommodate. Mr. Ed Donahue addressed the title/deed issue; this has been answered and satisfied with the County Attorney. He noted environmental test have been performed and came back clean. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Thomas reminded the Planning Commission to keep in mind the Planning Commissions responsibility is to determine whether from a land use planning perspective particular uses are suitable to the County’s Comprehensive Plan. He noted cell towers have been controversial in the past and due to demands we need to have them. He asked everyone to look at our Comprehensive Plan, Ordinances, Zoning requirements, and determine if this particular use is compliant with our other ordinances and uses in the area. Commissioner Mohn commented ownership aside, land use compatibility is an issue and we have an obligation to be sure that where these facilities are placed “fit” within the broader community. He continued this tower is right in the heart of a residential area and near a prominent public site. Commissioner Mohn noted he understands the reasoning of Shentel however he views this as an incompatible use at this location. Commissioner Thomas made a motion to recommend approval; there was not a second to the motion. Upon motion made by Commissioner Mohn, and seconded by Commissioner Dunlap BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend denial of Conditional Use Permit #01-17 for Bowman Library (Shenandoah Mobile LLC) Wireless Commercial Telecommunication Facility – submitted to construct a wireless telecommunications consisting of a 195 foot telecommunication monopole tower with supporting equipment in a fenced compound. The property is located at Bowman Library at 871 Tasker Road and is identified with Property Identification Number 75B-A-1 in the Shawnee Magisterial District. YES: Wilmot, Unger, Marston, Cline, Molden, Kenney, Triplett, Dunlap, Mohn NO: Thomas (Note: Commissioners Oates, Ambrogi, and Manuel were absent from the meeting) ------------- Frederick County Planning Commission Page 3422 Minutes of March 1, 2017 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Mohn to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously passed. The meeting adjourned at 8:30 p.m. Respectfully submitted, ____________________________ June M. Wilmot, Chairman ____________________________ Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3423 Minutes of March 15, 2017 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 March 15, 2017. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; William H. Cline, Stonewall District; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney. ABSENT: Gary R. Oates, Stonewall District; Christopher M. Mohn, Red Bud District; Greg L. Unger, Back Creek District; Charles F. Dunlap, Red Bud District; Robert S. Molden, Opequon District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the March 15, 2017 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ------------- ADOPTION OF AGENDA Upon motion made by Commissioner Thomas and seconded by Commissioner Cline, the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Cline, the Planning Commission unanimously adopted the minutes from the February 15, 2017 meeting. Frederick County Planning Commission Page 3424 Minutes of March 15, 2017 COMMITTEE REPORTS City of Winchester – Mtg. 03/04/17 Commissioner Wolfe, Winchester City Planning Commission Liaison, reported the Commission reviewed the text for the zoning ordinance and renewed two permits for mobile classrooms. Board of Supervisors Report – Mtg. 03/08/17 Board of Supervisors’ Liaison, Supervisor Blaine Dunn reported the Board approved REZ #02-17 for Express Oil & Tire. Supervisor Dunn noted the MDP’s for Southern Hills and Freedom Manor appear to be on schedule. CITIZEN COMMENTS Chairman Wilmot 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 Wilmot closed the citizen comments portion of the meeting. ------------- PUBLIC HEARING Rezoning #01-17 for DMJ Holding, L.L.C., submitted by Painter-Lewis, P.L.C., to revise proffers associated with Rezoning #05-09. This revision seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). The properties are identified with Property Identification Numbers 64A-4-20, in the Shawnee Magisterial District. Action – Recommend Approval Candice E. Perkins, Assistant Director, reported this application is to amend the proffers from REZ #05-09 for 2.85 acres of land. She continued this minor proffer amendment proposes to remove a proffer which currently prohibits fast food restaurants with drive through service windows. Ms. Perkins reported if approved the site would permit the construction of fast food restaurants with drive through service windows if all other requirements are met and all other proffers remain the same. Ms. Perkins presented the GDP and mapping of the property. She explained the approved proffer currently limits any future use(s) to those that will not generate in excess of 200 vehicle trips per hour during any hour. Ms. Perkins noted that a fast food restaurant with a drive through would max out the hourly trip cap which would leave the remainder of the property undevelopable. Commissioner Thomas inquired if this application is approved and a fast food restaurant is built with the 200 trips per hour max; then a year from now they want to put a doctor’s office on the Frederick County Planning Commission Page 3425 Minutes of March 15, 2017 site, how can the trips be monitored. Ms. Perkins explained this is based on the ITE manual for that specific use, therefore if something else were to be placed on the site they would have to come back through the rezoning process. Mr. John Lewis of Painter-Lewis P.L.C., representing the Applicant came forward and noted he did not have anything additional to add from the previous meeting. Mr. Josh Phelps, the Co-Applicant came forward. He explained when they purchased this property in 2005 the economy was doing well then in 2008 the downward spiral happened; they have been sitting on this property since that time. Mr. Phelps continued they have been approached by a potential buyer who wants to put a drive through window restaurant on the property. Mr. Phelps reported the most interested party (which is a very established business) provided statistics that reflect a max of 170 trips per hour in major metropolitan areas such as Charlotte NC and Atlanta GA. Mr. Phelps concluded they would like to sell the property and invest the proceeds in their business Winchester Metals which is in need of expansion. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Manuel, and seconded by Commissioner Ambrogi BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #01-17 for DMJ Holding, L.L.C., submitted by Painter-Lewis, P.L.C., to revise proffers associated with Rezoning #05-09. This revision seeks to remove a proffer which currently prohibits fast food restaurants with drive through service windows. The properties are located at the northwest corner of the intersection of Route 50 and Route 781 (Custer Avenue). The properties are identified with Property Identification Numbers 64A-4-20, in the Shawnee Magisterial District. (Note: Commissioners Mohn, Unger, Oates, Dunlap, and Molden were absent from the meeting) Conditional Use Permit #02-17 for Salvatore Carrano submitted for a rooming house (AirBnB). The property is located at 132 Seabreeze Lane, Winchester and is identified with Property Identification Number 54I-7-1-90 in the Shawnee Magisterial District. Action – Recommend Approval M. Tyler Klein, Planner, reported this property is located at 132 Seabreeze Lane in Winchester, in the Red Bud District, currently zoned RP (Residential Performance), and the current land use is Residential. He noted this is a single family attached townhome. Mr. Klein explained the proposed use is an AirBnB rental with one bedroom being designated as a short term rental for out of town guests. Mr. Klein presented mapping of the site; noting the townhome is an end unit, has a fenced back yard, and is surrounded by like properties including open space and other single family attached townhomes. Mr. Klein reported this application is in response to a zoning violation complaint received by Staff. Mr. Klein continued a rooming house is a permitted use in the RP (Residential Performance) Zoning District with an approved CUP. Mr. Klein explained this proposed use will take place within a three bedroom, 2.5 bath townhome with one room being rented at any given time. He noted the Applicant Frederick County Planning Commission Page 3426 Minutes of March 15, 2017 has two dedicated parking spaces for his unit, and has a dedicated rental room and kitchenette in the walk- out basement reserved for AirBnB guests. Mr. Klein also noted the Applicant obtained a Certificate of Occupancy from the Building Inspections Department for a bedroom in the basement and additional visitor parking spaces are also available in the immediate vicinity of the unit. Mr. Klein reviewed the conditions of this CUP: 1. All review agency comments shall be complied with at all times. 2. No more than one room rented at any given time. 3. No employees, other than those residing on the premise, are allowed with this use. 4. No signage allowed with this use. 5. Any expansion or change of use shall require the approval of a new CUP. Commissioner Thomas inquired what is meant by short term rental. Mr. Klein explained short term rental is defined in the zoning ordinance as less than 30 days. Commissioner Marston asked how many people will be permitted to stay in the room. Mr. Klein noted the Certificate of Occupancy allows for up to two (2) people. Commissioner Kenney requested explanation of the violation that was reported. Mr. Klein explained someone called in December 2016; Staff investigated the situation at which time the owner was notified he would need a CUP to be in compliance. Mr. Klein noted the owner has done everything asked of him by Staff to be in compliance to include obtaining a Certificate of Occupancy required by the Inspections Department. The Applicant, Mr. Salvatore Carrano, made brief remarks, noting he had a former AirBnB guest and neighbor/Homeowner Association (HOA) President in attendance in support of the application. Mr. Carrano noted he was the only resident of the property, lived at the property full -time and was generally home when AirBnB guest were present. Further, Mr. Carrano noted he a bides by the rules set forth by AirBnB and all guest were required to submit their driver’s license and information through the AirBnB website. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Curtis Briggs, President of the HOA and neighbor spoke in support of the application, noting the HOA has no objection to the request. Commissioner Kenney asked if any other rooming houses have been approved. Mr. Klein explained one such case came forward in early 2016 and was denied; however in that case the owner was renting out multiple bedrooms and there were objections from neighboring property owners. Commissioner Kenney inquired what the possibility is for other townhomes in the Windstone Community to rent out a room or more in their units. Mr. Klein noted theoretically that is possible and would require a CUP in the RP District; and such cases are reviewed on a case-by-case basis, and would require a public Frederick County Planning Commission Page 3427 Minutes of March 15, 2017 hearing. Commissioner Triplett voiced the same concern as Commissioner Kenney and commented is the Planning Commission sure they want to go in that direction. Mr. Klein noted from a land use perspective it is supported by the Comprehensive Plan and the primary use continues to be residential. Chairman Wilmot noted a major difference with this application compared to the one that was denied is the HOA of Windstone fully supports it; the application in 2016 was not supported at all. Commissioner Thomas noted a big distinction is that the owner, Mr. Carrano will be living at the residence where as the one from 2016 was being rented without the owner residing there. Chairman Wilmot called for anyone else who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Cline, and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #02-17 for Salvatore Carrano, submitted for a rooming house (AirBnB). The property is located at 132 Seabreeze Lane, Winchester and is identified with Property Identification Number 54I-7-1-90 in the Shawnee Magisterial District. YES: Wilmot, Unger, Marston, Cline, Molden, Kenney, Triplett, Dunlap, Mohn NO: Kenney, Triplett (Note: Commissioners Mohn, Unger, Oates, Dunlap, and Molden were absent from the meeting) ------------- INFORMATION/DISCUSSION ITEMS Medical Office in the RP (Residential Performance) District and RA (Rural Areas) District as a Conditional Use – Discussion on revisions to the Frederick County Zoning Ordinance to allow Medical Office in the RP and RA Districts. M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 – Zoning Ordinance, to add Medical Offices as a conditional use in the RP (Residential Performance) and RA (Rural Areas) Zoning Districts. He noted currently, this use is permitted by right in the B1 (Neighborhood Business) and the B2 (General Business) Zoning Districts. Mr. Klein continued Staff has drafted an amendment to add Medical Offices as a conditional use in the RP and RA Districts; supplemental use regulations have also been drafted that would correspond to the use – additional requirements could be added during the Conditional Use Permit process if necessary. Mr. Klein concluded the DRRC discussed this amendment at their January 2017 meeting and agreed with the proposed changes. Commissioner Thomas commented he agrees with this in the RA District with a CUP; however he does not feel offices need to be allowed in residential areas and will oppose. Commissioner Manual agreed. Mr. Klein explained for medical offices the SIC codes are used and a CUP would be Frederick County Planning Commission Page 3428 Minutes of March 15, 2017 required at which time the opportunity would present itself to the Planning Commission to determine if each case is a fit for the location. Permitted and Conditional Uses in the RA (Rural Areas) District – Discussion on revisions to the Frederick County Zoning Ordinance on permitted and conditional uses, supplemental regulations and definitions of new uses in the RA Zoning District. M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 – Zoning Ordinance, to allow additional by-right and conditional uses in the RA (Rural Areas) District; this effort seeks to expand and clarify the opportunities available for small businesses and agritourism in the Rural Areas. Mr. Klein continued in doing so, this is supportive of the goals and strategies expressed in the 2035 Comprehensive Plan for the County’s Rural Areas and for Agribusiness Development. Mr. Klein reported Staff has drafted an amendment to the RA Zoning District to include additional permitted uses, including agritourism, commercial stables/equestrian facilities, cut-our-own tree farms, and on-premises wayside stands accessory to a bona fide farm; and conditional uses including farm stays, special event facilities, commercial archery ranges, ice cream parlors, bakeries and craft/gift shops. Mr. Klein noted Staff drafted supplementary use regulations that would apply to special even t centers, including: submission of an illustrative sketch plan with a CUP; securement of building permits for all structures; requirements for designated travel aisles and parking spaces; screening of portable restrooms; and requirement for adjacent owner consent for private access easement use. Mr. Klein concluded the DRRC discussed this amendment at their January and February 2017 meetings and agreed with the proposed changes. Several Commission Members commented this is a great idea and Staff and the Committee did a great job to reach this result. Front Setbacks on Private Right-of-Ways – Discussion on revisions to the Frederick County Zoning Ordinance on the reduction of the required setback for accessory structures on private right-of- ways. M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 – Zoning Ordinance, to reduce the required front setback off of private right -of-ways in the RA (Rural Areas) District for accessory structures. Mr. Klein noted currently the setback off of a r ight-of-way in the RA District is 60 feet for both public and private roadways. Mr. Klein continued Staff has drafted a revision to the Zoning Ordinance to reduce the required front setback for accessory uses and structures where adjacent to private right-of-ways from 60 feet to 45 feet which is consistent with the front setback for rural preservation lots. Mr. Klein concluded the DRRC discussed this amendment at their February 2017 meeting and agreed with the proposed changes. Frederick County Planning Commission Page 3429 Minutes of March 15, 2017 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Cline to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 7:35 p.m. Respectfully submitted, ____________________________ June M. Wilmot, Chairman ____________________________ Michael T. Ruddy, Secretary B CONDITIONAL USE PERMIT #05-17 VIRGINIA PREFERRED PROPERTIES Staff Report for the Planning Commission Prepared: April 10, 2017 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provi de information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/19/17 Pending Board of Supervisors: 05/10/17 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor Recreation/Private Gym. Should the Planning Commission find this use to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #05-17, Virginia Preferred Properties April 10, 2017 LOCATION: This property is located at 351 Victory Road, Winchester, Virginia MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-80D PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) Land Use: Warehousing ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Industrial Light) Use: Manufacturing South: M1 (Industrial Light) Use: Manufacturing/Warehousing East: RA (Rural Areas) Use: Residential West: M1 (Industrial Light) Use: Warehousing PROPOSED USE: Commercial Indoor Recreation/Private Gym REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 728, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code, Section 302 – B, Business Use Group and Section 306. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Existing area used for employee use to be opened to public. A change of use permit is required for existing area. Please submit a detailed floor plan with your permit. Public restroom facilities shall be provided and shall meet ANSIA A117.1-09. Van accessible parking and unloading are provided. Max slope for parking and unloading area is 2%. Maximum slope for walkway to main entrance is 5%. Van accessible signage shall be provided per USBC Section 1106.8. Page 3 CUP #05-17, Virginia Preferred Properties April 10, 2017 Lever type hardware shall be provided on all doors along the accessible route to restroom area. 20% ANSI A117.01-09 rule applies. Alteration to existing building shall comply with USBC Section 110.3 for asbestos. Frederick County Fire Marshall: Approved. A Life Safety Inspection shall have to be conducted by the Frederick County Fire Marshal’s Office. Winchester-Frederick County Health Department: The facility appears to be served by Public Water and Sewer Services. No conflict with any proposed or existing wells or sewage disposal systems is anticipated. This Health Department has no objection to the proposed facility. Frederick County Sanitation Authority: No comments at this time. Winchester Regional Airport: Proposed CUP would not impact airport operations for interior improvements or modification. City of Winchester: No comments. Planning and Zoning: The Frederick County Zoning Ordinance allows for commercial indoor recreation facilities in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit (CUP) are currently zoned M1 (Light Industrial) Zoning District. The zoning ordinance requires that any proposed commercial indoor recreation facilities be subject to additional performance standards in order to promote safety to the patrons and mitigate any negative impacts with the M1 Zoning District were the use will operate. This proposed gym will occupy 4,000 sq. ft. within a warehouse of 15,000 sq. ft. in size. The gym will be a 24 hour operation. Prior to operation of this gym the applicant will need a site plan to be submitted and approved by Frederick County. All plan improvements shall be implemented prior to operating the business. These improvements will include: the twenty (20) required parking spaces for this use. The designated pick-up and delivery areas for all patrons, that provides safe access. These requirements are in keeping with Section §165-204.29 of the Frederick County Ordinance. STAFF CONCLUSIONS FOR THE 04/19/17 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for Commercial Indoor Recreation/Private Gym. Should the Planning Commission find this use to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. Page 4 CUP #05-17, Virginia Preferred Properties April 10, 2017 2. An engineered site plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. ST728 64 A 80D 382ARBOR CT 380ARBOR CT 287VICTORY RD 280VICTORY RD 296VICTORY RD 310VICTORY RD 320VICTORY RD 212INDEPENDENCE DR 140INDEPENDENCE DR 140INDEPENDENCE DR 344VICTORY RD 368VICTORY RD 287VICTORY RD 331VICTORY RD 321ARBOR CT 441VICTORY RD 266ARBOR CT 441VICTORY RD 119ARBOR CT 220ARBOR CT 220ARBOR CT 182ARBOR CT 140ARBOR CT VICTO R Y R D ARBOR C T Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 22, 2017Staff: mcheran MI L L W O O D P I K E VICTO R Y R D A R B O R C T INDEPEN D E N C E D R P E N D L E T O N D R M I L L W O O D P I K E 0150 CUP # 05 - 17Virginia Preferred PropertiesPIN:64 - A - 80DIndoor Commercial Recreation - Private Gym FacilityLocation Map 0 250 500125 Feet CUP # 05 - 17Virginia Preferred PropertiesPIN:64 - A - 80DIndoor CommercialRecreation - Private Gym FacilityLocation Map CUP #05-17 C CONDITIONAL USE PERMIT #06-17 COMMERCIAL INDOOR RECREATON FACILITY THOMAS E. JEFFRIES/dba Serval Softball Training Staff Report for the Planning Commission Prepared: April 10, 2017 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/19/17 Pending Board of Supervisors: 05/10/17 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor Recreation/Softball Training Facility. Should the Planning Commission find this use to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. A shared parking agreement shall be submitted to and approved by Frederick County prior to the use of the property as a Commercial Indoor Recreation Facility. 3. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #05-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries dba Shenval Softball Training April 10, 2017 LOCATION: This property is located at 291 Independence Drive, Winchester, Virginia MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-11-16 PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) Land Use: Warehouse ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Construction Company South: M1 (Light Industrial) Use: Office Use: Residential East: M1 (Light Industrial) Use: Airport West: M1 (Light Industrial) Use: Warehouse PROPOSED USE: Commercial Indoor Recreation/Softball Training Facility REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 1092, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Inspections: Alteration to existing building requires permits and inspection. Accessible parking shall be provided per ANSI A117.1-09. Accessible route from parking area/unloading to entrance shall be provided. Frederick County Fire Marshall: Approved. A Life Safety Inspection is done by the Frederick County Fire Marshal’s Office. Frederick County Sanitation Authority: No comments. City of Winchester: No comments. Page 3 CUP #05-17, Commercial Indoor Recreation Facility-Thomas E. Jeffries dba Shenval Softball Training April 10, 2017 Planning and Zoning: The Frederick County Zoning Ordinance allows for commercial indoor recreation facilities in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). The properties immediately adjacent to this proposed Conditional Use Permit (CUP) are currently zoned M1 (Light Industrial) Zoning District. The zoning ordinance requires that any proposed commercial indoor recreation facilities be subject to additional performance standards in order to promote safety to the patrons and mitigate any negative impacts with the M1 Zoning District were the use will operate. This proposed use will be conducted within 6,000 sq. ft. building. The use will be for soft- ball training for girls this use will be conducted in the evenings and on weekends. This property has an approved site plan that meets the requirements of Section §165 -204.29 of the Frederick County Ordinance, with regards to safe pick-up and delivery areas for patrons. However, the property only has a total of seventeen (17) parking spaces. This commercial indoor recreation use will require a total of thirty (30) parking spaces based on the square footage of the building. The applicant has engaged with an adjoining property owner to execute a shared parking agreement. This agreement allows for the use of sixteen (16) parking spaces. This will allow the applicant to meet the parking requirements. The Planning Commission and Board of Supervisors may want to consider allowing other uses to be permitted with this CUP approval in the case that an alternative use with a similar amount of use would want to operate in this facility. If this is the case an additional condition stating such may be appropriate. STAFF CONCLUSIONS FOR THE 04/19/17 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a Commercial Indoor Recreation/Softball Training Facility. Should the Planning Commission find this use to be appropriate, Staff recommends that the following conditions be attached to the CUP 1 All review agency comments and requirements shall be complied with at all times. 2. A shared parking agreement shall be submitted to and approved by Frederick County prior to the use of the property as a Commercial Indoor Recreation Facility. 3. Any expansion or change of use will require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 64 11 16 1039AIRPORT RD 285INDEPENDENCE DR 220VICTORY RD 120SECURITYDRIVE 250INDEPENDENCE DR 320INDEPENDENCE DR 324INDEPENDENCE DR 322INDEPENDENCE DR 212INDEPENDENCE DR INDEP E N D E N C E D R Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 24, 2017Staff: mcheran VICTO R Y R D AIRP O R T R D INDEPEN D E N C E D R S E C U R I T Y D R AIRP O R T R D CUP # 06 - 17Thomas E. JeffriesPIN:64 - 11 - 16Indoor Commercial Recreation - Softball Training FacilityLocation Map 0 200 400100 Feet CUP # 06 - 17Thomas E. JeffriesPIN:64 - 11 - 16Indoor Commercial Recreation - Softball Training FacilityLocation Map CUP #06-17