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PC 10-19-16 Meeting Minutes1►l I ��I Y 1►[!� tl)�ll� xy 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 October 19, 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; J. Rhodes Marston, Back Creek District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Roderick B. Williams, County Attorney. ABSENT: None STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A. Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the October 19, 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 Triplett, the Planning Commission unanimously adopted the agenda for this evening's meeting. Frederick County Planning Commission Page 3382 Minutes of October 19, 2016 COMMITTEE REPORTS Comprehensive Plans and Programs Committee — Mtg. 10/11/16 Commissioner Mohn reported the committee reviewed and discussed revisions to the 2035 Comprehensive plan. Frederick County Sanitation Authority — Mtg. 10/18/16 Commissioner Unger reported the following operations totals: customer base for water 14,863; customer base for sanitary 14,372; water production for the Diehl plant 1.79 mgd; water production for the Anderson plant 2.008 mgd; City of Winchester water purchase 2.36 mgd; daily average is 6.16 mgd; yearly average is 6.04 mgd; elevation at the Diehl North Quarry is 649.8; elevation at the Anderson Quarry is 580.2. He noted water loss for the month was around 11%. Commissioner Unger reported there is the potential use of Local Facilities Charges. He explained the Lake Frederick development has been identified as a potential benefactor of a Local Facilities Charge. City of Winchester— Mtg. 9/20/16 and 10/18/16 Commissioner Kat Eaton reported approval was recommended for Fairmont/North Loudoun Corridor Enhancement District with the recommendation to exclude underground utilities on September 20, 2016. She continued the following were recommended for approval on October 18, 2016: a CUP for a 100' monopole tower at 501 w. Jubal Early Drive; a CUP for a private museum at 705 S. Loudoun Street; a CUP to convert the ground floor at 914 S. Braddock Street; rezoning of .11 acre property at the northeast corner of W. Cork Street and Lee Street; hearing delay requested by the applicant for Relax Inn. Board of Supervisors — Mtg. 10/ 12/16 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board made a minor revision to Rezoning #08-16. Regarding amendments to the CPPA, Mr. Dunn noted the Board recommended further study to the Leonard Property only. 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 3383 Minutes of October 19, 2016 PUBLIC HEARING Conditional Use Permit #12-16 for Alma Carter and Ronald Carter submitted for an off -premise farm market. The property is located at 131 Gainesboro Road, Winchester and is identified with Property Identification Number 29-A-63 in the Gainesboro Magisterial District. Action — Recommend Approval Zoning and Subdivision Administrator, Mark A. Cheran reported this property is currently zoned RA (Rural Areas), the use is Residential; the surrounding properties are also zoned RA, and those land uses are Residential and Vacant. Mr. Cheran presented a locations map of the property. He continued, the Frederick County Zoning Ordinance allows for an off -premise farm market in the RA Zoning District through an approved Conditional Use Permit (CUP). Mr. Cheran explained the difference between a regular farm market and an off -premise; the off -premise will not be growing produce at the location at this time. He reported farm markets allow for the retail sale of fresh fruits and vegetables, other food and related items, horticultural products, and livestock in a space that may be indoor or outdoor. It was noted by Mr. Cheran, the Applicant proposed to use the existing barn on the property (which also includes a farm house and outbuildings) for the farm market facility. Mr. Cheran reported the ultimate configuration of the site, including parking and a business sign will be determined by an illustrative sketch plan. He continued, the Applicant proposed up to ten (10) employee's to staff the farm market; however the number of employee's permitted on site will ultimately be determined by the type of well and sewage disposal system approved by the Winchester - Frederick County Health Department. It was noted by Mr. Cheran any new signage will be limited to one (1) freestanding monument sign; not to exceed fifty (50) square feet in area, and five (5) feet in height. He presented the conditions recommended by Staff: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to establishment of the use. 3. Prior to the establishment of the use, an OSE packet should be submitted to and approved by the Winchester -Frederick County Health Department for the well and sewage disposal system to be utilized for this property. 4. One, non -illuminated, freestanding monument business sign is allowed with this Conditional Use Permit that is no more than five (5) feet tall and no more than fifty (50) square feet in area. 5. Hours of operation shall be limited to 8 a.m. to 9 p.m. seven (7) days a week. 6. Any expansion or change of use shall require a new Conditional Use Permit. Commissioner Oates inquired if this were recommended for approval, ultimately approved by the Board of Supervisors and the land does not perk for a drain field; does that mean the Applicant would have the CUP lingering even though they cannot utilize it. Mr. Cheran noted that is correct. Mrs. Alma "Libby" Carter came forward and explained they are seeking to add a positive addition to the community. She continued they would like to accommodate the area schools such as field Frederick County Planning Commission Page 3384 Minutes of October 19, 2016 trips. It was noted by Mrs. Carter they have an additional 7.5 acres at this site with hopes of growing their own produce. Commissioner Molden stated he has visited the site; initially he was concerned with the entrance, however the illustrative sketch plan addresses this concern. He feels this will be a good fit for the area. Commission Members discussed the possibility of putting a time limit on the CUP in case the property does not meet the requirements set forth by the Health Department. Commissioner Oates noted typically a drain field is already associated with a project, however in this case they have not completed that yet and his concern would be a CUP lingering if requirements are not met. Commissioner Mohn expressed he does not feel this would be a burden to the County if the CUP is issued and they cannot use it. 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 Triplett, and seconded by Commissioner Kenney BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #12-16 for Alma Carter and Ronald Carter, submitted for an off - premise farm market. The property is located at 131 Gainesboro Road, Winchester and is identified with Property Identification Number 29-A-63 in the Gainesboro Magisterial District. Rezoning #11-16 for Southern Hills, submitted by Greenway Engineering, Inc., to rezone 37.79 acres from RP (Residential Performance) District to RP (Residential Performance) District with revised proffers, and 2.56 acres from B2 (General Business) District to B2 (General Business) District with revised proffers. The property is located on the east side of Town Run Lane (route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane, in the Opequon Magisterial District, and is identified by Property Identification Number 85D-1-1-95. Action — Recommend Approval Assistant Director, Candice E. Perkins reported this is an application to revise the proffers from Rezoning #22-06 for 40.36 acres (37.39 acres of Residential Performance and 2.57 acres of General Business Zoning) to allow for the construction of up to 130 single-family detached units on the RP section of the property. She explained Rezoning #22-06 allowed for the construction of up to 232 single-family attached units (townhouses); therefore this requested rezoning would change the housing type and decrease the total units by 102. Ms. Perkins presented a locations map of the property. She continued since this rezoning was submitted after July 1, 2016; the specifically attributable proffer policy (§15.2-2303.4) applies to this property. Ms. Perkins noted the Code of Virginia requires residential proffers to be specifically attributable to the impacts generated by the development. It was explained by Ms. Perkins the Applicant submitted an analysis (Residential Development Attributable Impacts) demonstrating how they believe their proffers could be specifically attributable to their impacts. Frederick County Planning Commission Page 3385 Minutes of October 19, 2016 Ms. Perkins outlined a number of concerns regarding the Applicant's analysis and how the monetary proffers offered were attributable to the development: Clearbrook Park figures; Additional proffer of $304,17930. She noted the Applicant has since revised the proffers to remove the Clearbrook Park proffer and the $304,179.30, bringing the total proffer to $830,630.70. Mr. Evan Wyatt of Greenway Engineering and representing the Applicant came forward. He presented a brief history of the project dating back to 2006. Mr. Wyatt explained there was an additional transportation proffer added which called for a 100' right-of-way corridor to set up the cadence to relocate South Warrior Drive in the future should the Stephens City Exit #307 be shifted. Mr. Wyatt continued the Applicant has put together a proffer which takes 232 townhouses out of the equation and proposes a maximum of 130 single family detached homes; this means there is a reduction to impacts for transportation, water, sewer, and schools. Mr. Wyatt noted another important item is the Applicant wanted to acquire the 2.5 acre portion in order to control that piece for the right-of-way which has two deeds available to the County or VDOT upon request, and it goes from a reservation to a dedication. Commissioner Thomas inquired if there is any odor that comes from the waste water treatment pond located there. Mr. Wyatt stated he has not personally witnessed an odor; however there is a clause in the proffer that requires disclosure to future lot purchasers regarding the proximity of the pond/lagoon. Commissioner Thomas asked if the proffer amount of $830,630.70 in the revision was totally voluntary. Mr. Wyatt stated that is correct and it was calculated based on attributable impacts. Commissioner Thomas inquired if there is any intent to build on the B2 portion of the property. Mr. Wyatt confirmed there is no intent. Commissioner Thomas inquired when the revised proffers were received. Ms. Perkins stated the revised proffers were received October 18, 2016. Commissioner Thomas asked does that put the Planning Commission in a compromised position since the bylaws state revised proffers must be received 14 days in advance of the meeting. Director, Michael T. Ruddy explained the bylaws give the Planning Commission the ability to table an application for a variety of reasons; one being if the proffers are provided less than 14 days before the meeting; giving the ability to do so does not mean you have to and it is at the discretion of the Planning Commission. Commissioner Thomas noted he does not like getting proffers this close to the meeting date, however in this case the only change in the revised proffers is lowering the monetary amount to what is directly attributable to the development. 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 Thomas, and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #11-16 for Southern Hills, submitted by Greenway Engineering, Inc., to rezone 37.79 acres from RP (Residential Performance) District to RP (Residential Performance) District with revised proffers, and 2.56 acres from B2 (General Business) District to B2 (General Business) District with revised proffers. The property is located on the east side of Town Run Lane (route 1012) approximately 0.6 miles south of the intersection with Fairfax Pike (Route 277) and Town Run Lane, in the Opequon Magisterial District, and is identified by Property Identification Number 8513-1-1-95. Frederick County Planning Commission Page 3386 Minutes of October 19, 2016 INFORM ATION/DISCUSSION Indoor Recreation in the MI District — Discussion on revisions to the Zoning Ordinance to include indoor recreatioq -qs a conditional use in the MI (Light Industrial) Zoning District. No Action Required 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 MI (Light Industrial) District. She 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 Amendment at their September meeting and agreed with the proposed changes. Commissioner Oates inquired if the M1 and OM Districts were added at the DRRC meeting. Ms. Perkins confirmed that is correct and she will add this for the Board of Supervisors. Commissioner Kenney commented he is in favor of this amendment and there is M1 properties that can be utilized. Minor Site Plan Threshold — Discussion on revisions to the 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. No Action Required 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 continued 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 noted this proposed Amendment would increase the threshold from 5,000 sq. ft. to 10,000 sq. ft. to be consistent with the requirements for a land disturbance permit. Ms. Perkins concluded the DRRC discussed this Amendment at their September meeting and agreed with the proposed changes. Commissioner Mohn commented this is a nice change to the Ordinance. Frederick County Planning Commission Page 3387 Minutes of October 19, 2016 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 Triplett and unanimously passed. The meeting adjourned at 7:40 p.m. Respectfully submitted, ne M. Wilmot, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3388 Minutes of October 19, 2016