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PC 04-19-17 Meeting MinutesMEETING 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 April 19, 2017 PRESENT: June M. Wilmot, Chairman/Member at Large; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Greg L. Unger, Back Creek 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; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Roger L. Thomas, Vice Chairman/Opequon 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 April 19, 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. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Cline, the Planning Commission unanimously adopted the minutes from the March 1, 2017, and adopted the minutes from the March 15, 2017 with a correction. Frederick County Planning Commission Page 3436 Minutes of April 19, 2017 COMMITTEE REPORTS Frederick County Sanitation Authority — Mtg. 4/18/17 Commissioner Unger reported the FCSA Board held a public hearing to receive comments on proposed revisions to the Availability Fees which are fees paid when new construction connects to the FCSA water and sewer system; more specifically, availability fees are capital contributions that new construction pays to FCSA for the expansions of the water and sewer system suitable to serve the needs of new construction. Commissioner Unger noted following the public hearing the FCSA Board of Directors adopted the revised Availability Fees. Commissioner Unger concluded the availability fee most common to new home connection will be $17,191, a decrease of $283 from what it has been for the past decade and the new rates will be effective July 1, 2017. Commissioner Unger presented the totals for the previous month: total water base customers 15,151; total sanitary sewer customers 14,659; rainfall 2.75"; Diehl plant 1.5 mgd; Anderson plant 1.5 mgd; purchased 1.7 mgd from the City of Winchester; average usage 4.7 mgd. City of Winchester — Mtn. 4/18/17 Commissioner Tagnesi, Winchester City Planning Commission Liaison, reported public hearings were held for two Conditional Use Permits: conversion of property to mixed use on Valley Avenue by OakCrest Properties LLC; and pizza restaurant on Loudoun Street at the request of Karen Darby. Board of Supervisors Report — MtE. 4/12/17 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board approved REZ #01-17 for JDMJ Holding LLC and CUP #10-16 for William Conley. He continued CUP #01-17 for Shenandoah Mobile LLC was postponed for 30 days and CUP #02-17 for Salvatore Carrano was denied. 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 3437 Minutes of April 19, 2017 PUBLIC HEARING 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. Action — Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator began by highlighting the Frederick County Zoning Ordinance allows for commercial indoor recreational facilities in the M1 (Light Industrial) Zoning District with an approve CUP (Conditional Use Permit). Mr. Cheran reported this application is a request for an indoor recreation/private gym facility. He continued the property is located at 351 Victory Road and the adjacent properties are zoned M1 and RA (Rural Areas) and the uses are Manufacturing/Warehouse, and Residential. Mr. Cheran presented a locations map of the property. He explained this proposed gym will occupy 4,000 sq. ft. within a 15,000 sq. ft. warehouse. Mr. Cheran noted the gym will be a twenty-four (24) hour operation. Mr. Cheran reported prior to the operation of this gym the Applicant will need a site plan submitted and approved by Frederick County. Mr. Cheran explained all plan improvements shall be implemented prior to operating the business. He noted these improvements will include: twenty (20) required parking spaces for this use; designated pick-up and drop-off areas for all patrons, which provides safe access. Mr. Cheran presented the conditions recommended by Staff for this CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County and all improvements shall be completed prior to establishment of the use. 3. Any expansion or change of use will require a new Conditional Use Permit. Commissioner Oates requested verification that the business was already open. Mr. Cheran explained that is correct. Commissioner Oates inquired if the business will be closed until Condition #2 requirements are met or possibly a timeframe be placed with this condition to allow the Applicant ample time for completion. Mr. Cheran noted if the Planning Commission feels it is appropriate, a timeframe can be added to Condition #2. Commissioner Kenney requested verification that twenty (20) parking spaces will be required and that VDOT is on board with this. Mr. Cheran explained the site plan will require all agency comments to include VDOT as does the CUP. Commissioner Dunlap asked if the facility will be staff at all times during the twenty-four (24) hours. Mrs. Frogale, the Co -Applicant came forward and clarified that it will be staffed during the entire 24 hours. The Co -Applicant, Mr. Robert Frogale provided an overview of the business. He noted it was originally opened for their employees; however the intent now is to maintain the gym or lease the space as a gym. Commissioner Kenney asked if the rest of the building would be used. Mr. Frogale noted yes; it will be for the expansion of his other business. Frederick County Planning Commission Page 3438 Minutes of April 19, 2017 Commissioner Unger inquired if all parking spaces will be completed before opening. Mr. Frogale commented yes, that will be done. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one carne forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kenney requested clarification that the CUP is only for the 4,000 sq. ft. Mr. Cheran confirmed that is correct and if the Applicant wishes to expand they must go back through the CUP process. Upon motion made by Commissioner Manuel with the addition of a six (6) month timeframe added to Condition #2 (An engineered site plan shall be submitted to and approved by Frederick County and all improvements shall be completed prior to establishment of the use) and seconded by Commissioner Unger BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of 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. (Note: Commissioner Thomas was absent from the meeting) 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. Action — Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator, reported this application is for a indoor commercial recreation/softball training facility and is located at 291 Independence Drive; is zoned M1 (Light Industrial); and the current land use is Warehouse. Mr. Cheran continued, the Frederick County Zoning Ordinance allows for commercial indoor recreation facilities in the M1 Zoning District with an approved CUP (Conditional Use Permit). He noted this proposed softball training facility will take place in a 6,000 sq. ft. building and the property has an approved site plan that meets the requirements for safe pick-up and drop-off. Mr. Cheran reported 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. Mr. Cheran noted the Applicant has engaged with an adjoining property owner to execute a shared parking agreement. He continued, this agreement allows for the use of sixteen (16) parking spaces; this will allow the Applicant to meet the parking requirements. Mr. Cheran provided a Pictometry image of where the shared parking will be located. Mr. Cheran explained the Applicant has spoken with the adjoining property owner; the two will enter into an agreement; the Zoning Administrator will review the agreement to make sure of a safe ingress and egress. He noted this has been reviewed and it does meet the County's parking requirements; this agreement will be recorded. Mr. Cheran concluded it may be considered to allow 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; an additional condition may be added. Mr. Cheran reported the conditions recommended by Staff for this CUP: Frederick County Planning Commission Page 3439 Minutes of April 19, 2017 1. All review agency comments 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. Commissioner Mohn inquired is there public access or a pedestrian walkway between the two parking locations affected by the parking agreement. Mr. Cheran explained there is not public access at this time nor are sidewalks required in the M1 District; however this can be addressed as a requirement of the shared parking agreement. Commissioner Marston inquired what the distance is between the two properties/buildings. Mr. Thomas "Eddie" Jeffries, the Applicant noted it is approximately 150 to 200 yards. Mr. Cheran noted there is a site plan in place that identifies the parking. Commissioner Oates requested clarification that the business is already in operation. Mr. Cheran explained that is correct and this came to the attention of Staff through a zoning violation. Commissioner Oates recommended a timeframe be placed on Condition #2 rather than making the Applicant close completely. Mr. Cheran noted he believes this can be accomplished in a reasonable time. Commissioner Kenney asked what the hours of operation will be. Mr. Cheran stated there are no hours placed on the conditions and the Applicant will elaborate. Commissioner Unger commented he had visited the facility some time ago; most of the traffic is drop-off and did not see the parking being an issue. He noted there is very little traffic on this strip of road so the impacts from one parking lot to another should be minimal. Commissioner Kenney inquired will there be any lighting for the pedestrian walkway between parking lots. Mr. Cheran stated as of now there are no lights, however, this can be considered. Commissioner Manuel asked if this is a recorded deed of easement and it cannot be rescinded. Mr. Cheran noted that is correct. Mr. Jeffries came forward and presented an overview of his business an noted; he wants to provide a facility for the youth in our area that is comparable to some facilities in Norther Virginia in order to help them excel and be competitive in softball. Mr. Jeffries continued, the business involved in the parking agreement is CW Wright Construction; they are closed every Friday, closed each weekend, close daily by 4:00 p.m. He noted the hours of operation will be 4:00 — 10:00 p.m. during the school year for his facility. Mr. Jeffries explained he has ceased all membership sales until this issue is resolved. He concluded he is willing to put lighting where it may be needed. 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. Commissioner Manuel commented he supports this application and would recommend building lights be mounted for this operation. Commissioner Mohn agreed and wants lighting provided. Mr. Jeffries noted the building does have mounted lights however the area for pedestrians to walk between parking lots does not. Frederick County Planning Commission Page 3440 Minutes of April 19, 2017 Commissioner Manuel recommended a timeframe of six (6) months be added to Condition #2 and to have the necessary site improvements completed to include lighting. Chairman Wilmot asked the Applicant, Mr. Jeffries if he would be in agreeance with the request. Mr. Jeffries responded he absolutely would agree. Upon motion made by Commissioner Manual, and seconded by Commissioner Unger BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of 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. (Note: Commissioner Thomas was absent from the meeting) ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Cline and unanimously passed. The meeting adjourned at 7:30 p.m. Respectfully submitted, "t -j' Vk. w� e M. Wilmot, Chairman �IA- Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3441 Minutes of April 19, 2017