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PC 02-17-16 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 February 17, 2016 PRESENT: June M. Wilmot, Chairman/Member at Large; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Charles F. Dunlap, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney; Blaine Dunn, Board of Supervisors Liaison. ABSENT: Christopher M. Mohn, Red Bud District; Roger L. Thomas, Vice Chairman/Opequon District; Stanley Crockett, Stonewall District STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the February 17, 2016 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chainnan 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 Manuel, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Dunlap, the Planning Commission unanimously adopted the minutes of their January 6, 2016 meeting. Frederick County Planning Commission Page 3310 Minutes of February 17, 2016 COMMITTEE REPORTS City of Winchester Planning Commission — Mtg. 2/16/16 Commissioner Smith reported a CUP was denied for extended stay lodging at 574 North Loudoun Street which is zoned commercial industrial. He continued discussion was held on the residential density for planned unit development. Commissioner Smith concluded discussion was held on the 2015 Annual Report. Board of Supervisors Report — Mtg. 2/10/16 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board of Supervisors approved an easement for Clearbrook Volunteer Fire Department with provisions stating the funds for the easement would go back to the County if the property is sold within the next ten years. 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 Conditional Use Permit #01-16 for Sharlyn D. Moore, which was submitted for a rooming house. The property is located at 216 Talamore Drive, Stephens City and is identified with Property Identification Number 750-4-6-212 in the Shawnee Magisterial District. Action — Recommend Denial Zoning and Subdivision Administrator, Mark R. Cheran reported this is a request for a Conditional Use Permit (CUP) for a Rooming House. He explained a rooming house is permitted in the RP (Residential Performance) Zoning District with an approved CUP. Mr. Cheran continued the proposed use will take place within a four (4) bedroom house with two (2) rooms being rented at any given time. It was noted, there will be not employees or signage associated with this CUP. Mr. Cheran concluded the property is located within the Wakeland Manor subdivision and is surrounded by like dwellings. Commissioner Oates referred to the definition of a boarding or rooming house; if a family sponsors a foreign exchange student and they receive compensation for lodging and meals would that be Frederick County Planning Commission Page 3311 Minutes of February 17, 2016 considered a boarding/rooming house? He feels this is getting too deep into citizens privacy. Mr. Cheran responded as the definition reads, it would be considered a boarding/rooming house. Commissioner Kenney inquired how this CUP came about, was the applicant cited for a violation. Mr. Cheran explained this CUP transpired in response to a zoning violation complaint of a rooming house that was received by staff. Commissioner Oates inquired if a CUP would be required for foster care. Mr. Cheran noted foster care would not require a CUP and would be considered family residing there. Commissioner Ambrogi asked how this CUP and the conditions would be monitored. Mr. Cheran commented this would be done on a complaint basis. Commissioner Triplett noted the conditions state two (2) rooms can be rented at a given time, there is nothing listed citing how many people per room. Mr. Cheran responded the conditions can be amended to add a number of persons per room if necessary. Commissioner Oates inquired could this turn into a by right use. Mr. Cheran noted it could and there is legislation going through the General Assembly at this time. Ms. Sharlyn Moore, the applicant came forward to address concerns and answer questions. She gave a brief overview of her home and how she initially started renting a room to an individual. Ms. Moore noted she uses Airbnb to locate renters and feels comfortable with the security procedures they have in place. She noted that the relationships she has forged are outstanding. Commissioner Kenney asked if Ms. Moore plans to serve meals to her renters. Ms. Moore replied the renters have access to the kitchen to prepare their own meals. Commissioner Marston asked what the average length of stay is for an individual. Ms. Moore responded approximately one month. Commissioner Marston inquired if there is on -street parking or solely driveway parking. Ms. Moore explained that both street and drive -way parking are an option and VDOT is aware of this situation. Commissioner Unger inquired how many individual usually occupy a room. Ms. Moore noted that one of her house rules is that only one individual can occupy a room at a time. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ms. Julie Duke of the Shawnee District came forward and expressed her concerns for the safety of the children in the neighborhood. She noted the property associated with this CUP is part of an HOA and she feels the applicant should follow the HOA rules. Commissioner Oates noted an HOA is a private issue and the County does not enforce the rules and regulations of an HOA. Ms. Norma O'Donnell of the Shawnee District was the next to come forward. Ms. O'Donnell explained she purchased her home after extensive research. She continued this is a safe and respectable neighborhood. She feels having individuals in and out of this home on a regular basis will cause a safety issue for the children in the neighborhood. Ms. O'Donnell read a letter from neighbor Michael Payne who is also in opposition of this CUP. Ms. Terry Settle of the Shawnee District is concerned with the safety of the children. She noted there has been trespassing by one of the boarding individuals at this location. Ms. Brenda Seelbach is concerned with this type of rooming house being permitted and the outcome should more and more homeowners wish to do the same thing. Frederick County Planning Commission Page 3312 Minutes of February 17, 2016 Ms. Karen Malinowki-Trent spoke regarding the security failures of Airbnb and having individual in and out of the property pose a safety issue for her family. Ms. Sherry Long noted allowing a variety of unknown individuals into the community on a regular basis creates a tremendous safety concern. Ms. Allison O'Leary is concerned with the safety of the children due to the constant in and out of strangers at the property. She does not feel this CUP fits in this community and the HOA should be considered. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Chairman Wilmot noted although the Planning Commission's decision cannot be based on the rules and regulations of the HOA, the HOA does matter. Commissioner Kenney asked for clarification that a CUP is for the property and it would convey should it be sold. Mr. Cheran noted that is correct. Commissioner Oates expressed he does not feel the County should be involved in this and he does not think the property is in a good location for this CUP. Commissioner Unger noted he expected to hear other complaints from citizens such as traffic, noise, etc.... none of these were mentioned. Commissioner Manuel noted that the citizens may have civil recourse due to the HOA being in place. Commissioner Kenney agreed that this CUP is not in a good location and he does not believe it is a good fit for the community. He reiterated that the CUP conveys with the property and that needs to be considered. A motion to recommend approval of CUP #01-16 for Sharlyn D. Moore, made by Commissioner Manuel and seconded by Commissioner Ambrogi was denied by the Planning Commission with a majority vote. YES: Manuel, Ambrogi, Unger No: Dunlap, Triplett, Kenney, Molden, Oates, Marston, Wilmot Absent: Mohn, Thomas An Alternative motion was made by Commissioner Oates and seconded by Commissioner Dunlap BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend denial by majority vote of Conditional Use Permit #01-16 for Sharlyn D. Moore, which was submitted for a rooming house. The property is located at 216 Talamore Drive, Stephens City and is identified with Property Identification Number 750-4-6-212 in the Shawnee Magisterial District. YES: Marston, Manuel, Oates, Molden, Kenney, Triplett, Dunlap, Wilmot NO: Unger, Ambrogi (Note: Commissioner Mohn, and Commissioner Thomas were absent from the meeting) Frederick County Planning Commission Page 3313 Minutes of February 17, 2016 OTHER Michael T. Ruddy, Director presented an overview of the 2015 Annual Report. Mr. Ruddy highlighted a few areas: population figures have been released and are increasing; residential new construction building permits are gradually increasing; zoning violations are spread relatively evenly throughout County; rezonings are at a higher number than previous years. 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 Dunlap and unanimously passed. The meeting adjourned at 7:50 p.m. Respectfully submitted, JVne M. Wilmot, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3314 Minutes of February 17, 2016