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PC 06-07-17 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 June 7, 2017 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; 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: None STAFF PRESENT: Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director Transportation; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER. Chairman Wilmot called the June 7, 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 Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Cline, the Planning Commission unanimously adopted the minutes from the April 19, 2017 meeting. Frederick County Planning Commission Page 3447 Minutes of June 7, 2017 COMMITTEE REPORTS Frederick County Sanitation Authority — Mtg, 5/09/17 Commissioner Unger reported the FCSA Board reviewed their proposed budget for FY2018. He noted the proposed budget would fully fund the FCSA operations, debt, and capital projects. Commissioner Unger continued the three capital improvement projects included in the FY2018 budget are: the Route 37 Water Line Loop, Route 522 South Sewer Re -Direct Force Main, and the first phase of the Opequon Water Supply Plan. Commissioner Unger reported the base fee and consumption fee increase is prosed which are to account for: o Proposed 15% increase in cost of water purchased from the City of Winchester o Increase in the cost of producing water at Anderson Water Treatment Plant as payments to Carmeuse will increase 15%, thee payments to Carmeuse have increased 155% since 2013 o $25M debt obligation for energy improvements to Opequon Water Reclamation Facility o The town of Stephens City's failure to pay for their water and sewer service, now totaling over $2.5M o The proposed fee increase will have minimal impact on 93% of the customers (residential) as increase will be less than 3% o The proposed fee increase will have more impact on heavy water and sewer commercial, industrial, and wholesale customers where increase is 7% to 30% o The proposed base fee and consumption rate adjustments continue to keep FCSA's water and sewer rates substantially lower than the monthly water and sewer bill for comparable customers in the City of Winchester system City of Winchester — Mtn. 6/6/17 Commissioner Loring, Winchester City Planning Commission Liaison, reported the commission approved two CUP's: a ground floor residential unit on North Loudoun Street and 147 North Restaurant for extended hours. Board of Supervisors Report — Mtt!s. 5/10/17 & 5/24/17 Board of Supervisors' Liaison, Supervisor Judith McCann -Slaughter reported on May 10, 2017 the Board approved CUP #05-17 for Virginia Preferred Properties (Private Gym) and CUP #06-17 for Thomas Jeffries (Shenval Softball Training). Supervisor McCann -Slaughter continued on May 24, 2017 the Board denied CUP #01-17 for Shentel (Tower at Bowman Library site). On this date the Board approved and Ordinance Amendment for Permitted and Conditional Uses in the RA District and an Ordinance Amendment for Front setbacks for accessory use on private right-of-ways in the RA District. Frederick County Planning Commission Page 3448 Minutes of June 7, 2017 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. Jeremy Tweedie of Greenway Engineering came forward to address the Commission. Mr. Tweedie commented he is here speak specifically about the residential separation buffer in the RP District. Mr. Tweedie explained the text amendment as proposed is needed to accomplish a particular goal for developments; it does not accomplish specific goals for small infill lot development in the County's Urban Development Area. He asked the Planning Commission to take into consideration the following additions and revisions to the proposed text amendment: The Zoning Administrator may waive, reduce and/or modify the residential separation buffer required by §165-203.02 C (1) between different housing types, provided that the owner of the adjoining property(s) provides written and notarized consent to the proposed modification to the required residential separation buffer. Mr. Tweedie commented the initial proposed amendment request intent was for the purposes to allow for small infill lot developments within RP zoned areas that were adjacent to other similar zoned properties. He concluded this waiver request would allow for the opportunity to work with the County and the adjacent neighbors to achieve a buffer scenario that would be mutually beneficial to the developing property and the adjacent property while protecting the County. No one else came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. PUBLIC HEARING Rezoning #03-17 for Rutherford Crossing, submitted by Greenway Engineering, Inc., to rezone 22.16+/- acres from the Ml (Light Industrial) District to the B2 (General Business) District with proffers and 27.07+/- acres of land zoned Ml (Light Industrial) District with proffers to the Ml (Light Industrial) District with revised proffers. The property is fronting on the southeast side of Market Street and the north side of Milton Ray Drive in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A-99. Action — Recommend Approval Candice E. Perkins, Assistant Director, reported this application is to rezone a total of 49.23 acres of land from the M1 (Light Industrial) District to the B2 (General Business) and M1 (Light Industrial) Districts with Proffers; specifically the application seeks to rezone 22.16 acres from the M1 District with proffers to the B2 District with proffers and 27.07 acres from the M 1 District to the M 1 District with revised proffers. Ms. Perkins noted this property was originally rezoned in 2001, and revised in 2004 and 2007. Ms. Perkins presented a locations map of the property. Ms. Perkins continued the property is located within the Sewer and Water Service Area (SWSA) and is within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. She explained the Comprehensive Plan identifies this property with an industrial land use designation which is reflective of the current MI zoning of the property. Ms. Perkins noted the property is adjacent to commercial zoning B2 on two sides and residential zoning RP on one side; the residential is shown in the Northeast Land Use Plan as future planned commercial therefore the request for a portion of the property to be rezoned to the B2 District Frederick County Planning Commission Page 3449 Minutes of June 7, 2017 could be acceptable. Ms. Perkins commented the remainder of the site, which is located on the northwestern side of the W&W Railroad line, will retain the existing Ml zoning designation. Ms. Perkins concluded the proffers associated with this rezoning are constant with the obligations entered into with the original rezoning; specifically, the application still accounts for the 1,245,000 square foot building cap, the dedication of Route 37, and the requirement of a Transportation Impact Analysis for future site plans that exceed the 26,652 ADT as calculated for the total acreage of the Rutherford Crossing Development. She noted the Applicant has also provided a monetary contribution of $.10 per building square foot for Fire and Rescue. Mr. Evan Wyatt of Greenway Engineering and representing the Applicant came forward. He added the following regarding the Comprehensive Plan: when looking at the parcels around Rutherford Crossing that have developed commercially this is primarily the best land bay for development and the proffers are still intact from the original rezoning. Commissioner Thomas inquired with regards to the monetary contribution proffered to Fire & Rescue; with the change from light industrial to business, this may also impact the local police therefore would it be appropriate to offer the Sherriffs Department a monetary contribution as well. Mr. Wyatt noted the expectation over time with rezonings has been to support Fire & Rescue therefore they have tried to mirror other commercial and industrial rezonings which is the $.10 per square foot and he feels it is appropriate. Commissioner Kenney requested clarification that the M1 parcel being rezoned is just revising the proffers and what will that accomplish. Mr. Wyatt explained specifically the application seeks to rezone 22.16 acres from Ml District with proffers to B2 District with proffers and 27.07 acres from Ml District to M1 District with revised proffers. Commissioner Oates commented there are approximately seven residential properties along Route 11 near this property; he would like to see the Applicant be willing to provide a 20 foot sewer easement across the back of these properties. 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 Oates, and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #03-17 for Rutherford Crossing, submitted by Greenway Engineering, Inc., to rezone 22.16+/- acres from the M1 (Light Industrial) District to the B2 (General Business) District with proffers and 27.07+/- acres of land zoned M1 (Light Industrial) District with proffers to the M1 (Light Industrial) District with revised proffers. The property is fronting on the southeast side of Market Street and the north side of Milton Ray Drive in the Stonewall Magisterial District, and is identified by Property Identification Number 43-A-99. Draft update of the 2017-2018 Frederick County Primary and Interstate Road Improvement Plans; The Primary and Interstate Road Improvement Plans establish priorities for improvements to the Primary and Interstate road networks within Frederick County. Frederick County Planning Commission Page 3450 Minutes of June 7, 2017 The Virginia Department of Transportation and the Planning Commission of Frederick County, in accordance with Section 33.2-331 of the Code of Virginia, will conduct a joint public hearing. The purpose of this public hearing is to receive public comment on the proposed Six Year Plan for Secondary Roads for Fiscal Year 2018. Action — Recommend Approval John A. Bishop, Assistant Director Transportation, presented an overview of this item to consider the update of the 2017-2018 Interstate, Primary, and Secondary Road Improvement Plans. Mr. Bishop noted in summary the changes: 1. Interstate Road Improvement Plan — Updated Exit 310 from Phase I to Phase II 2. Primary Road Improvement Plan — No Change 3. Secondary Road Improvement Plan a. Update of rankings and promotion of Old Baltimore Road and Babbs Mountain Road to scheduled list for non -hard surface roads Mr. Bishop concluded the Transportation Committee reviewed this item on May 22, 2017 and has recommended approval. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Citizen Karen Olsen who lives on Laurel Grove Road came forward and requested the lines of communication remain open and wants to see the maintenance of Laurel Grove Road to continue. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Oates, and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Draft update of the 2017-2018 Frederick County Primary and Interstate Road Improvement Plans. Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 401— RA (Rural Areas) District §165- 401.03 Conditional Uses. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 402 — RP (Residential Performance) District §165-402.03 Conditional Uses. ARTICLE H SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses §165-204.30 Doctors of medicine, dentists, and other health practitioners in the RP (Residential Performance) District and the RA (Rural Areas) District. Revisions to the Frederick County Zoning Ordinance on Medical Offices in the RP (Residential Performance) District and RA (Rural Areas) District as a Conditional Use. Frederick County Planning Commission Page 3451 Minutes of June 7, 2017 Action — Recommend Approval M. Tyler Klein, Planner, reported this is a proposed text 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 BI (Neighborhood Business) and the B2 (General Business) Zoning Districts. Mr. Klein explained Staff has drafted an amendment to add Medical Offices as a conditional use in the RP and RA Districts. He noted Staff has also drafted supplemental use regulations, which include: o B2 District parking and design standards o Use must front on and be accessed via a collector or arterial roadway o The primary use of the structure shall be the doctor's office o The use shall not be located within a residential development/subdivision o Buffer and screening requirements determined by the Zoning Administrator Mr. Klein noted 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; the Planning Commission discussed the item at a March 2017 meeting; and the Board of Supervisors discussed it in April and May 2017. Commissioner Oates commented he supports this amendment, however he inquired should the additional regulation pertaining to buffer and screening be part of the CUP under its conditions. Mr. Klein explained the process would need to adhere to B2 design standards and this would give the Zoning Administrator options to add items that may be deemed above and beyond the standards. Commissioner Mohn commented he is supportive of this and it would be helpful to know how this came about and the reason for this amendment. Mr. Klein noted Staff was approached by an individual wishing to open and Chiropractors office on a property zoned RA; since that time there have been other inquiries as well. Commissioner Oates commented he would not be supportive if something like this were to pop up in a subdivision on a quarter acre lot. Mr. Klein noted the supplemental use regulations would address this. Commissioner Thomas commented he does not feel the Zoning Administrator should have the ability to change an item after it has been to the Planning Commission. Mr. Klein explained this would be done during the application process. Commissioner Thomas asked for feedback from Mr. Rod Williams, County Attorney. Mr. Williams noted the need for clarification on what is written. Commissioner Kenney feels layering is being done on a lot of items and agrees with Commissioner Oates. 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 Oates, and seconded by Commissioner Thomas with the omission of Part 204 — Additional Regulations for Specific Uses § 165-204.30 item (E) "Buffers and screening (including distance opaque elements and landscaping) shall be determined by the Zoning Administrator the Planning Commission unanimously recommended approval of this amendment. After Frederick County Planning Commission Page 3452 Minutes of June 7, 2017 further discussion with Mr. Roderick Williams, County Attorney, the Planning Commission opted to revote on the matter. Upon motion made by Commissioner Oates, and seconded by Commissioner Thomas with text added to Regulation A to read: The use and site shall adhere to, and implement, General Business (132) Zoning District design standards, excluding buffers which shall be determined during the Conditional Use Permit process. 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 IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 401 — RA (Rural Areas) District §165- 401.03 Conditional Uses. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, Part 402—RP (Residential Performance) District §165-402.03 Conditional Uses. ARTICLE II SUPPLEMENTARY USE REGULATIONS PARKING BUFFERS AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses § 165-204.30 Doctors of medicine, dentists, and other health practitioners in the RP (Residential Performance) District and the RA (Rural Areas) District. Revisions to the Frederick County Zoning Ordinance on Medical Offices in the RP (Residential Performance) District and RA (Rural Areas) District as a Conditional Use. INFORMATION/ DISCUSSION Increase in the Permitted Number of Employees for a Cottage Occupation — Discussion on revisions to the Frederick County Zoning Ordinance to increase the permitted number of employees for a Cottage Occupation. M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 — Zoning Ordinance to increase the permitted number of employee's for cottage occupation uses. He continued a cottage occupation is a profession carried on in a residential dwelling unit or accessory building with only one employee, other than members of the family residing on the premise, are permitted. Mr. Klein noted Staff has drafted a revision to the Zoning Ordinance to allow up to two (2) employees as part of a cottage occupation. Mr. Klein concluded this item was proposed by a DRRC committee member at the December 2016 meeting; the DRRC agreed with the proposed change and forwarded it to the Planning Commission for discussion. Commissioner Oates inquired would existing CUP's allowing one (1) employee need to come back to us for a revision if seeking to change to two (2) employees. Mr. Klein explained that is correct, all existing CUP's have a provision that any change or expansion would require a new CUP. He noted; to clarify not all request two (2) employees and during the application process a specific situation can be limited to one (1) as a revision depending on the circumstances. Commissioner Dunlap commented he does not feel this follows the Cottage Occupation intent and is getting beyond the small business realm. Commissioner Thomas agreed with Commissioner Dunlap and he also has traffic and sanitation concerns which could be putting a burden on the system. Mr. Klein noted during the CUP process the number of employees could be limited to one (1). Commissioner Thomas inquired what the majority of Cottage Occupations are at this time. Mr. Klein noted recently the applications have been daycare facilities, furniture repair, and hair/nail salons. Frederick County Planning Commission Page 3453 Minutes of June 7, 2017 Commissioner Kenney requested clarification on the allowance of two (2) employees other than those residing on the premises. Mr. Klein explained the two (2) employees would be above and beyond the person(s) residing on the property. Commissioner Thomas inquired have there been many requests for more than one (1) employee. Mr. Klein noted there have not and this was initiated by a DRRC committee member. Residential Separation Buffer Waiver in the RP District — Discussion on revisions to the Frederick County Zoning Ordinance to include a waiver opportunity for residential separation buffer in the RP (Residential Performance) Zoning District. M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 — Zoning Ordinance to allow a reduction or modification to the requirement for residential separation buffer requirements in the RP (Residential Performance) Zoning District. Mr. Klein noted this ordinance amendment was initiated by a developer request. Mr. Klein reported Staff has drafted a revision to the Zoning Ordinance to allow the Zoning Administrator to administratively reduce and/or modify the residential separation buffer required between different housing types, provided certain conditions are met. Mr. Klein noted, the ordinance amendment specifies the following: When an adjacent development has already installed a residential separation buffer, the Zoning Administrator may reduce and/or modify a required residential separation buffer upon showing that the installed buffer on the adjacent property meets or exceeds all elements of a full screen buffer (landscaping and distance) and that reducing or modifying the buffer will not negatively impact the adjacent property, a waiver may be requested as part of a Master Development Plan (MDP). Mr. Klein concluded the DRRC discussed this amendment at their April and May 2017 meetings and agreed with the proposed changes. Commissioner Oates commented, as written he is not supportive because the adjacent development may do all the work to create the necessary buffer then the next adjoining owner will not be responsible for any. He also noted there is nothing that prevents reducing the distance buffer as it does not specify reducing landscaping; the way it is written would reduce the actual buffer separation as well as the setbacks. Mr. Klein explained this does not pertain to setbacks, it would allow the Zoning Administrator the ability to reduce the distance and or the planting requirement pending the buffer on the adjacent property met or exceeds the buffer requirement. Commissioner Mohn requested confirmation that the residential separation buffer is 100 feet. Mr. Klein reported it varies between 50' — 100' depending on the type of screening and there are two parts to the buffer; the inactive and active portions. He noted this would not be a full waiver of the buffer. Commissioner Mohn commented he feels this is going in the right direction and needs a little more work. Commissioner Thomas commented he likes the concept of having this agreed upon by the adjoining land owners so they can work out what the buffers are going to be. He noted this needs to be worked out at that level and not at the Planning Commission; this should be an agreement between property owners. Frederick County Planning Commission Page 3454 Minutes of June 7, 2017 Mr. Klein concluded he will take this item back to the DRRC for further discussion and the Planning Commission agreed. Slaughterhouses as a Conditional Use in the RA District — Discussion on revisions to the Frederick County Zoning Ordinance to include slaughterhouses as a conditional use in the RA (Rural Areas) Zoning District. M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 — Zoning Ordinance to allow slaughterhouses in the RA (Rural Areas) Zoning District. He continued currently the manufacturing of meat products is only allowed in the M2 (Industrial General) Zoning District by right. Mr. Klein reported Staff has drafted a revision to the Zoning Ordinance to include slaughterhouses as a conditional use in the RA Zoning District, drafted a new definition for slaughterhouses and additional supplemental use regulations. Mr. Klein noted this was brought forth by a current slaughterhouse owner who is seeking to expand their current operation. Mr. Klein reported additional supplemental use regulations for slaughterhouses include: o All buildings, animal unloading/staging areas, and animal pens shall be a minimum off 110 feet from all property lines o Total building(s) square footage should not exceed 20,000 square feet o All operations must be under roof and screened from view from adjoining properties and public streets o Additional buffering and screening may be required as specified by the Zoning Administrator Mr. Klein concluded the DRRC discussed this amendment at their April 2017 meeting and agreed with the proposed changes. Commissioner Oates requested to omit "Additional buffering and screening may be required as specified by the Zoning Administrator" as this will be created as part of the CUP process. Commissioner Thomas inquired how Staff arrived at the 20,000 square feet figure. Mr. Klein explained research was compiled with neighboring county agencies and the industry standard was presented by a current slaughterhouse owner, then discussed and agreed upon at the DRRC. Commissioner Oates noted, holding pens for this type of business take up a lot of square footage and the DRRC felt putting a cap on it would prevent it from becoming industrial in size within the RA Zoning District. Cancelation of the regular meeting on June 21, 2017 Chairman Wilmot announced there were no pending items for the Planning Commission's June 21, 2017 meeting. Frederick County Planning Commission Page 3455 Minutes of June 7, 2017 A motion was made by Commissioner Oates to cancel the June 21, 2017 meeting of the Planning Commission. This motion was seconded by Commissioner Thomas and unanimously passed. 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 Mohn and unanimously passed. The meeting adjourned at 8:10 p.m. Respectfully submitted, I)Yne M. Wilmot, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3456 Minutes of June 7, 2017