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PC 12-07-16 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 December 7, 2016. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney. ABSENT: J. Rhodes Marston, Back Creek District STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the December 7, 2016 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 Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the amended agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes from the October 19, 2016 meeting. Frederick County Planning Commission Page 3393 Minutes of December 7, 2016 COMMITTEE REPORTS Transportation Committee — Mtg. 11-28-16 Commissioner Oates reported the committee discussed the following at their November meeting: 2035 Comprehensive Plan Update; Welltown Road and Rest Church Road traffic concerns update; Warren County Truck Restriction request for Reliance Road; County projects update. City of Winchester —Mtg. 11-15-16 and 12-6-16 Dr. Richard Fieo, Winchester City Planning Commission Liaison, reported the Commission recommended approval for several items including: Conditional Use Permit for Ateethi Services LLC for extended stay lodging; Preliminary Subdivision for Ricketts Business Center, LLC; Conditional Use Permit submitted by Acme Real Estate Holdings LLC for a pet daycare center; Conditional Use Permit for Bapa Hospitality LLC for extended stay lodging; and an Ordinance to rezone 2.34 acres of land at 217 East Southwerk Street from Medium Density Residential District to Medium Density Residential District with Planned Unit Development Overlay. Board of Supervisors — Mtg. 11-9-16 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board approved the following items at their meeting: CUP #12-16 for Alma and Ronald Carter (off premise farm market); REZ #11-16 for Southern Hills Phase 2 (proffer amendment). The Board also discussed and Ordinance Amendment for Indoor Recreation in the M1 District and an Ordinance Amendment for Minor Site Plan Threshold. 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 Chainnan Wilmot closed the citizen comments portion of the meeting. PUBLIC HEARING Ordinance Amendment to the Frederick County Code — Chapter 144 Subdivision of Land, ARTICLE V — DESIGN STANDARDS, §144-31. Rural Subdivision. Revision to the Frederick County Subdivision of Land to reduce the right-of-way width mandatory to create a family lot subdivision per the Code of Virginia. Action — Recommend Approval Frederick County Planning Commission Page 3394 Minutes of December 7, 2016 Assistant Director, Candice E. Perkins reported this is a proposed amendment to the Subdivision Ordinance to update the minimum ROW (Right -of -Way) width necessary to create a family division lot. She noted the current Ordinance requires a 50' ROW. Ms. Perkins continued, the Code of Virginia states that a 20'ROW is the maximum that can be required and the Frederick County Ordinance has been revised to reflect a 20' ROW requirement. Ms. Perkins reported the DRRC discussed this amendment at their August 2016 meeting and agreed with the proposed change. She concluded the Planning Commission discussed and agreed with this at their October 5, 2016 meeting and the Board of Supervisors discussed and agreed at their October 26, 2016 meeting. 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 Dunlap, and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance Amendment to the Frederick County Code — Chapter 144 Subdivision of Land, ARTICLE V — DESIGN STANDARDS, §144-31 Rural Subdivision. Revision to the Frederick County Subdivision of Land to reduce the right-of-way width mandatory to create a family lot subdivision per the Code of Virginia. (Note: Commissioner Marston was absent from the meeting) Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE IX NONCONFORMING USES, STRUCTURES, AND SIGNS, Part 901- Nonconforming Uses, Structures, and Signs, §165-901.01 Continuation of pre-existing uses, structures, and signs. Off - Street Parking, Loading and Access, §165-202.01 Off -Street Parking; Parking Lots. Revisions to the Frederick County Zoning Ordinance to increase the timeframe a nonconforming use can be discontinued before it is deemed abandoned per the Code of Virginia. Action — Recommend Approval Assistant Director, Candice E. Perkins reported this is a proposed amendment to the Zoning Ordinance as it pertains to the discontinuance of nonconforming uses. She explained currently the Ordinance states that if a nonconforming use is discontinued for a period exceeding one year it is deemed abandoned. Ms. Perkins continued the Code of Virginia, states that a two year period is required before a use can be deemed abandoned and this revision is proposed to change the Zoning Ordinance requirement to two years in conformance with the Code of Virginia. Ms. Perkins concluded the DRRC discussed this amendment at their August 2016 meeting and agreed with the proposed change. The Planning Commission discussed and agreed with the change at their October 5, 2016 meeting; and the Board of Supervisors discussed and agreed with the proposed changes at their October 26, 2016 meeting. 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. Frederick County Planning Commission Page 3395 Minutes of December 7, 2016 Upon motion made by Commissioner Oates, and seconded by Commissioner Manuel BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE IX NONCONFORMING USES, STRUCTURES, AND SIGNS, Part 901- Nonconforming Uses, Structures, and Signs, §165-901.01 Continuation of pre-existing uses, structures, and signs. Off -Street Parking, Loading and Access, § 165-202.01 Off -Street Parking; Parking Lots. Revisions to the Frederick County Zoning Ordinance to increase the timeframe a nonconforming use can be discontinued before it is deemed abandoned per the Code of Virginia. (Note: Commissioner Marston was absent from the meeting) Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 603 — B2 General Business District, §165-603.02 Allowed Uses. Revisions to the Frederick County Zoning Ordinance to eliminate Motorcycle Repair in the B2 (General Business) District and allow this use in the B2, MI, and M2 Districts. Action — Recommend Approval Assistant Director, Candice E. Perkins reported this is a proposed amendment to the Zoning Ordinance to remove motorcycle repair from the B2 (General Business) District and include it in the M1 (Light Industrial) and M2 (Industrial General) Districts. Ms. Perkins explained currently, motorcycle repair is permitted in the B2 (General Business) and B3 (Industrial Transition) Districts. She noted this change would bring this use in line with automobile repair, which is permitted in the B3, Ml, and M2 Districts. Ms. Perkins concluded the DRRC discussed this item at their August 2016 meeting; the Planning Commission discussed at their October 5, 2016 meeting; and the Board of Supervisors discussed this at their October 26, 2016 meeting. 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 Unger, and seconded by Commissioner Ambrogi BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 603 — 132 General Business District, §165-603.02 Allowed Uses. Revisions to the Frederick County Zoning Ordinance to eliminate Motorcycle Repair in the B2 (General Business) District and allow this use in the B2, M1, and M2 Districts. (Note: Commissioner Marston was absent from the meeting) Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, Part 204 — Additional Regulations for Specific Uses §165-204.24. Commercial Frederick County Planning Commission Page 3396 Minutes of December 7, 2016 Recreations Indoor, ARTICLE I GENERAL PROVISIONS AMENDMENTS, AND CONDITIONAL USE PERMITS, Part 101— General Provisions §165-101.02 Definitions and word usage, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 605 — OM Office - Manufacturing Park District, §165-605.03.1 Conditional Uses. Revisions to the Frederick County Zoning Ordinance to include indoor recreation as a conditional use in the M1 (Light Industrial) Zoning District. Action — Recommend Approval Assistant Director, Candice E. Perkins reported this is an amendment to the Zoning Ordinance to allow commercial indoor recreation as a conditional use in the OM (Office -Manufacturing) District and the Ml (Light Industrial) District. Ms. Perkins noted currently the use is permitted in the B2 and B3 Districts by -right. Ms. Perkins continued, Staff has drafted supplemental use regulations for parking and pickup areas and additional requirements could be added during the Conditional Use Permit process if necessary. Ms. Perkins concluded the DRRC discussed this item at their September 2016 meeting; the Planning Commission discussed the item on October 19, 2016; and the Board of Supervisors discussed this item at their November 9, 2016 meeting. Commissioner Thomas inquired why we decided to go the CUP (Conditional Use Permit) route, was it the parking requirement. Ms. Perkins explained it is due to a number of factors; the M1 is very widely distributed for uses, therefore it may be completely permissible at one site, and then not at another site. She continued Staff wanted to make sure we had an opportunity for adjoiner notifications as well as the ability to assess this on a case by case basis. 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 Unger, and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, Part 204 — Additional Regulations for Specific Uses §165-204.24. Commercial Recreations Indoor, ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, Part 101 — General Provisions §165-101.02 Definitions and word usage, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, Part 605 — OM Office - Manufacturing Park District, §165-605.03.1 Conditional Uses. Revisions to the Frederick County Zoning Ordinance to include indoor recreation as a conditional use in the M1 (Light Industrial) Zoning District. YES: Wilmot, Thomas, Unger, Ambrogi, Manuel, Cline, Molden, Kenney, Triplett, Dunlap, Mohn NO: Oates (Note: Commissioner Marston was absent from the meeting) Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS, Part 802 — Site Plans, §165-802.03 Site Plan and Illustrative Sketch Plan Contents. Revisions to the Frederick County Zoning Ordinance to increase Frederick County Planning Commission Page 3397 Minutes of December 7, 2016 the disturbed area permissible to be considered a minor site plan from 5,000 square feet to 10,000 square feet. Action — Recommend Approval Assistant Director, Candice E. Perkins reported this is an amendment to the Zoning Ordinance to modify the standards for the submittal of a minor site plan. She explained the current threshold for a minor site plan is "a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area". Ms. Perkins continued, this proposed amendment would increase the threshold from 5,000 square feet to 10,000 square feet to be consistent with the requirements for a land disturbance permit. Ms. Perkins concluded the DRRC discussed this at their September 2016 meeting; the Planning Commission discussed at their October 19, 2016 meeting; and the Board of Supervisors discussed it at their November 9, 2016 meeting. 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 Dunlap, and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS, Part 802 — Site Plans, § 165-802.03 Site Plan and Illustrative Sketch Plan Contents. Revisions to the Frederick County Zoning Ordinance to increase the disturbed area permissible to be considered a minor site plan from 5,000 square feet to 10,000 square feet. (Note: Commissioner Marston was absent from the meeting) ACTION ITEM Rezoning #12-16 Snowden Bridge Station, submitted by GreyWolfe, Inc., to revise the proffers associated with Rezoning #03-05 for North Stephenson, Inc. This revision relates to the transportation section. The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and is identified with Property Identification Numbers 43C -3 -5,43C -3-7A, 43-A-151, and 43-A-152. Action — Recommend Approval Assistant Director, Candice E. Perkins reported this is a request to revise the proffers from Rezoning #03-05 for North Stephenson, Inc. for four parcels of land that total 59.2 acres. The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard. Ms. Perkins presented mapping of the property. She continued this minor proffer amendment seeks to amend a transportation proffer that previously dedicated right-of-way for the construction of a public roadway for the realignment of Redbud Road. Ms. Perkins concluded the proffer amendment seeks to make the dedication a private access easement and would bring this proffer in alignment with #04-16 which was approved in June of 2016 making the eastern portion of this roadway private. Frederick County Planning Commission Page 3398 Minutes of December 7, 2016 Commissioner Unger inquired why make this a private road. Ms. Perkins noted the public road is no longer needed. Upon motion made by Commissioner Cline, and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #12-16 Snowden Bridge Station, submitted by GreyWolfe, Inc., to revise the proffers associated with Rezoning #03-05 for North Stephenson, Inc. This revision relates to the transportation section. The properties are located on the eastern side of Martinsburg Pike (Route 11), western side of CSX, northern side of Redbud Road, and southern side of Snowden Bridge Boulevard in the Stonewall Magisterial District and is identified with Property Identification Numbers 43C-3-5, 43C -3- 7A, 43-A-151, and 43-A-152. (Note: Commissioner Marston was absent from the meeting) IN FORMATION/DISCUSSION 2035 Comprehensive Plan — Transportation Chapter Update Assistant Director, Candice E. Perkins reported the Planning Commission discussed the 2035 Update on November 2, 2016; at that time Staff was awaiting updates from VDOT regarding Chapter 5 — Transportation. Ms. Perkins continued Staff has received those comments from VDOT and incorporated those revisions into the plan. Ms. Perkins highlighted the changes to the Transportation Chapter which include: State Code compliance Text; Planning Assumptions Text; Needs Assumption Text; Recommendations; Additional Graphics and Maps. Ms. Perkins concluded the Transportation Committee discussed the edits to the chapter at their meeting on November 28, 2016 and have endorsed the edits. CPPA #01-2016, Leonard Property SWSA Expansion Commissioner Oates and Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Assistant Director, Candice E. Perkins reported this is a request to expand the boundary of the Sewer and Water Service Area (SWSA) to include 43.77 acres of land. She continued the properties are currently zoned RA (Rural Areas); however the Southern Frederick Land Use Plan designates these parcels for future mixed use commercial/office and industrial uses. Ms. Perkins explained the proposed text addition to the Southern Frederick Area Plan. The properties are located on the eastern side of White Oak Road (Route 636) in the Shawnee Magisterial District and she provided location mapping of the properties. Ms. Perkins continued the Eastern Road Plan calls for White Oak Road between Tasker Road and Route 277 to be in improved two lane roadway. While this improvement has partially taken place for the northern portion of the roadway near Tasker Road, the southern portion of White Oak Road to the south remains a winding and narrow roadway which may be difficult and costly to improve. Ms. Perkins reported the area plan identifies improvements to White Oak Road in this area which may include its realignment near the Wrights Run stream crossing, passing to the east of and behind the existing residences fronting White Oak Road. Frederick County Planning Commission Page 3399 Minutes of December 7, 2016 Commissioner Thomas referred to the mapping presented; he inquired how soon the SWSA will be going further down Route 277. Ms. Perkins explained; future studies would need to be completed to determine this. Commissioner Unger asked if the Sanitation Authority has taken a look at the CPPA. Ms. Perkins noted the Sanitation Authority has reviewed this item. Commissioner Mohn noted at the CPPC meeting in November 2016 Mr. Eric Lawrence , Executive Director of Frederick County Sanitation Authority was present and was comfortable with the basic readiness of the system. Ms. Perkins noted this CPPA is being included in the 2035 Comprehensive Plan Update — Appendix I, and will be discussed by the Board of Supervisors on December 14, 2016. Annual Review of Bylaws and Roles and Responsibilities Director, Michael T. Ruddy presented a brief overview of documents for the Bylaws and Roles and Responsibilities. He continued as discussed during the November 2, 2016 Planning Commission meeting, proposed revisions that have been forwarded to Staff have been incorporated into the draft and ultimately the updated documents will be presented at the Planning Commission's first meeting in 2017 for adoption. Mr. Ruddy highlighted two revisions: the tabling language to be changed to "postpone'; and revised proffers has been changed from 14 days to 8 days. Commissioner Oates inquired if reducing the number of days on the revised proffers will affect advertising. Mr. Ruddy explained this revision will not affect advertising and it was more of a concern to the preparation of agendas. Cancelation of the regular meeting on December 21, 2016 Chairman Wilmot announced there were no pending items for the Planning Commission's December 21, 2016 meeting. A motion was made by Commissioner Thomas to cancel the December 21, 2016 meeting of the Planning Commission. This motion was seconded by Commissioner Oates and unanimously passed. ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Oates and unanimously passed. The meeting adjourned at 7:40 p.m. Respectfully submitted, L,v%,( - une M. Wilmot, Chairman Michael T. Ruddy, Secretary r i i Frederick County Planning Commission Page 3400 Minutes of December 7, 2016