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PC 08-02-17 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 August 2, 2017 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/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; Kevin Kenney, Gainesboro District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Erin L. Swisshelm, Assistant County Attorney. ABSENT: Robert S. Molden, Opequon District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the August 2, 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 Cline, the Planning Commission unanimously adopted the agenda for this evening's meeting. 10MQUy-My Upon motion made by Commissioner Oates and seconded by Commissioner Marston, the Planning Commission unanimously adopted the minutes from the May 3, 2017 meeting. Frederick County Planning Commission Page 3457 Minutes of August 2, 2017 COMMITTEE REPORTS Comprehensive Plans and Programs Committee (CPPC) — Mtn 07/10/17 Commissioner Mohn reported the committee discussed and recommend the application for CPPA #01-17 for Sandy's MHC, LLCNA Investment Properties, LLC be considered for further study with the caveat that it apply to a larger area for potential inclusion in the SWSA. Frederick Water — Mtg. 07/18/17 Commissioner Unger reported the Frederick County Sanitation Authority has been rebranded as Frederick Water. He continued the Frederick Water Board authorized the execution of the $20M Opequon Water Supply Plan Design -Build contract. He explained the two key milestones: December 21, 2018 the first phase of the new water treatment plant will be operational and be sufficient to replace the current water production at the to be closed Anderson Water Treatment Plant on the Carmeuse property; by December 31, 2019, the full plant will be in operation, resulting in no longer needing to process water on the Carmeuse property as well as purchasing water from the City of Winchester. Commissioner Unger reported Frederick Water will construct athletic fields on the Stephenson Road property for the benefit of the community. He explained the new athletic fields is in support of the community's need for additional fields especially since the lease for the Clearbrook ballfields has expired and Carmeuse has notified the County to vacate the site. Commissioner Unger presented the Operations Report for June 2017: Total Customer Base: Water — 15,250 Sanitary — 14,756 Rainfall: Current Monty —1.56" Previous Month — 8.02" Water Production: J.H. Diehl — 2.322 MGD J.T. Anderson — 2.102 MGD Winchester — 2.037 MGD Daily Avg. — 6.46 MGD Development Review and ReEulations Committee — Mta. 07/27/17 Commissioner Unger reported the committee discussed Residential Separation Buffer in the RP Zoning District and the potential opportunities to amend the text to provide additional flexibility for development. He noted the Committee is going to continue to review this item. Board of Supervisors Report — Mtg. 07/12/17 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board approved REZ #03-17 for Rutherford Crossing; approved Medical Offices in the RP and RA Districts as a Condition Use; approved abandonment of unneeded right-of-way and request adoption of remaining right-of-way into the State Highway System for Security Drive; approved slaughterhouses as a Frederick County Planning Commission Page 3458 Minutes of August 2, 2017 Conditional Use in the RA District; and a TDR within the Village of Middletown was withdrawn by the applicant. 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 Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS, Part 101 — General Provisions §165-101.02. Definitions and word usage; ARTICLE II SUPPLEMENTARY USE REGULATION; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 204 — Additional Regulations for Specific Uses §165-204.17. Slaughterhouses and rendering plants; ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 — RA Rural Areas District §165-401.03 Conditional Uses. Revisions to the Frederick County Zoning Ordinance to include slaughterhouses as a conditional use in the RA (Rural Areas) Zoning District. Action — Recommend Approval 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. Mr. Klein continued currently, the manufacturing of "meat products" is only allowed in the M2 (Industrial General) Zoning District by right. Mr. Klein noted Staff has drafted a revision to the Zoning Ordinance to include slaughterhouses as a conditional use in the RA Zoning District, additional supplemental use regulations, and a new definition for slaughterhouses as defined: Slaughterhouses — Establishments primarily engaged in the slaughtering or processing of meats for human consumption or other related products The word "slaughterhouse" as used in this definition, shall not be construed to prohibit persons who are actually farmers from killing their own cattle, sheep, swine, goats, and fowl for their own family use Mr. Klein reported additional supplemental use regulations for slaughterhouses include: o All buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet from all property lines. o Total building(s) square footage should not exceed 20,000 square feet (SF). Frederick County Planning Commission Page 3459 Minutes of August 2, 2017 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 proposed amendment at their April 27, 2017 meeting and agreed with the proposed change, the Planning Commission discussed this at their June 7, 2017 meeting, and the Board of Supervisors held a discussion on this at their July 12, 2017 meeting. Commissioner Thomas inquired how the non -useable waste items will be disposed of. Mr. Brook Middleton of Gentle Harvest came forward and presented a brief history of the business. He explained the site was purchased last year and is currently being used for their own animals to be slaughtered (Gentle Harvest) and would like to offer the public these same services. Mr. Christopher Damewood, Farm Operation Manger for Ayrshire Farm and Property Manager for Gentle Harvest reported currently all the hides and offal is brought back to their property in Upperville VA where they have an extensive compost operation on the property. He noted depending on the increase in growth of their slaughterhouse operation, Valley Protein would be used for disposal. Commissioner Unger inquired once at the Upperville VA farm what happens to the disposal of the items. Mr. Damewood explained after the compost process it is put back on the fields at the farm: this consists of a 5 acre compost pad; it is put into ecstatic piles (combo of nitrogen, oxygen, manure, straw, and hay); after approximately a yearlong period it is spread back onto hay fields and pastures at the farm. Mr. Damewood concluded it is an important process for their farm which is approximately 800 acres. 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 Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS, Part 101— General Provisions §165-101.02. Definitions and word usage; ARTICLE II SUPPLEMENTARY USE REGULATION; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, Part 204 — Additional Regulations for Specific Uses §165-204.17. Slaughterhouses and rendering plants; ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 — RA Rural Areas District §165-401.03.Conditional Uses. Revisions to the Frederick County Zoning Ordinance to include slaughterhouses as a conditional use in the RA (Rural Areas) Zoning District. (Note: Commissioners Molden, Manuel, and Triplett were absent from the meeting) Frederick County Planning Commission Page 3460 Minutes of August 2, 2017 INFORMATION/ DISCUSSION CPPA #01-17, Sandy's MHC, LLC/VA Investment Properties, LLC — Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) Inclusion Request; Parcels 87-A-95 and 87 -A - 96A. Candice E. Perkins, Assistant Director reported the Planning Department received one Comprehensive Policy Plan Amendment (CPPA) request this year which includes two properties located within the limits of the Southern Frederick Land Use Plan: this was adopted in 2014; and builds on the Route 277 Triangle Plan from 2008. Ms. Perkins noted the land use was determined during the Triangle study. Ms. Perkins continued, this is a request to expand the boundaries of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) to include two parcels of land that total 26.52 acres to allow for commercial and high density residential. She noted the properties are located on the southern side of Fairfax Pike (Route 277) in the Opequon Magisterial District. Ms. Perkins presented a locations map of the property. She continued parcel 87 -A -96A is currently zoned RA (Rural Areas) and parcel 87-A-95 is zoned MH1 (Mobile Home Community) and RA. Ms. Perkins explained the Southern Frederick Land Use Plan designates these parcels as part of a future Lake Frederick Neighborhood Village with a portion of parcel 87-A-95 as future industrial. Ms. Perkins continued the Lake Frederick Neighborhood Village serves as a focal point to the 277 Triangle; Centers of Economy and as a gateway feature for the Shenandoah/Lake Frederick community and on a broader scale, a gateway feature for Frederick County as citizens and visitors approach the County from the east. She noted this neighborhood village should promote a strong positive community image and residential land uses would be permitted only as an accessory component of the neighborhood village commercial land uses. Ms. Perkins concluded a comment was received from Frederick Water which does not support further study of the site without consideration of a much larger study area that could collectively contribute to infrastructure improvement to convey the study area sewage directly to the Parkins Mill Waste Water Treatment Plant. She noted the Comprehensive Plans and Programs Committee (CPPC) discussed this request at their July 2017 meeting which supported further study of the land use for the larger area as well as a study of the water and sewer improvements that would be necessary to serve the larger area; this request will be discussed further at a joint work session in September. Commissioner Unger inquired how Sandy's MHC water is supplied currently. Michael T. Ruddy, Director explained there is a line that runs to Camp 7 in Clarke County along Route 277 which Sandy's MHC uses. Commissioner Oates asked if there have been any comments from VDOT presented. Ms. Perkins explained there have not been any comments from VDOT at this time and this process would happen if the Board of Supervisors sends the item forward for further study. Mr. Ruddy noted when the Comprehensive Plan was updated and changed it was then endorsed by VDOT. Commissioner Kenney inquired if the property owner will be adding additional mobile homes to the property. Ms. Perkins stated their intent is commercial accessory residential; future redevelopment and primarily the front site initially for expanded commercial opportunities then possibly residential over commercial. Frederick County Planning Commission Page 3461 Minutes of August 2, 2017 Commissioner Mohn, Commissioner Thomas, and Commissioner Unger noted the area as a whole needs to be reviewed and studied to assess the need to include this in the SWSA. Chairman Wilmot inquired what are the capacity numbers submitted by the Applicant at this time. Ms. Perkins noted she will forward this information with the joint work session agenda. OTHER Chairman Wilmot announced the resignation of Charles F. Dunlap, Red Bud District. Ms. Wilmot wishes him well in his move. Mr. Dunlap thanked everyone for their assistance over the years and noted it was an honor to serve the residents of the Red Bud District and Frederick County. Cancelation of the regular meeting Chairman Wilmot announced there were no pending items for the Planning Commission's August 16, 2017 meeting. A motion was made by Commissioner Thomas to cancel the August 16, 2017 meeting of the Planning Commission. This motion was seconded by Commissioner Cline 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 7:30 p.m. Respectfully submitted, `line M. Wilmot, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3462 Minutes of August 2, 2017