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PC 09-20-17 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 September 20, 2017 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon 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; Roderick B. Williams, County Attorney. ABSENT: Gary R. Oates, Stonewall District. STAFF PRESENT: Michael T. Ruddy, Director; Mark A. Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Wilmot called the September 20, 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. FVIZIIy_Y_OJ MI) Z -X" IIe1171 . Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the agenda for this evening's meeting. Frederick County Planning Commission Page 3469 Minutes of September 20, 2017 COMMITTEE REPORTS Chairman Wilmot announced the appointment of Commissioner Kevin Kenney to the Transportation Committee; Commissioner Oates will no longer serve on this committee City of Winchester - Mtn. 09/19/17 Commissioner Steve Slaughter, Winchester City Planning Commission Liaison, reported the commission is working on the re -write of the signing ordinance. Board of Supervisors Report — Mte. 09/13/17 Board of Supervisors' Liaison, Supervisor Blaine Dunn reported the Board approved Slaughterhouses as a Conditional Use in the RA District. He noted the Board also approved the road abandonment of Gold Orchard Road. 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. oilDY.11� litel South Frederick Agricultural and Forestal District; to consider adding additional parcels into the South Frederick Agricultural and Forestal District. These properties are located at 833 Barley Lane, Winchester, Virginia and are identified with Property Identification Numbers 60-A-89, 61-A- 15 and 61-A-17 in the Back Creek Magisterial District. Action — Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator reportedthis is a request to add three (3) parcels of land totaling 178.50 +/- acres owned by Vernon and Eula Wright to the South Frederick Agricultural and Forestal District. He noted currently the district contains 6,070 +/- acres; this addition would increase that total to 6,248.50 +/- acres. Mr. Cheran presented a locations map of the property. Mr. Cheran concluded the Agricultural District Advisory Committee (ADAC) unanimously recommended to add the three (3) parcels to the district at their meeting on August 23, 2017. Frederick County Planning Commission Page 3470 Minutes of September 20, 2017 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 Thomas BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of the South Frederick Agricultural and Forestal District; to consider adding additional parcels into the South Frederick Agricultural and Forestal District. These properties are located at 833 Barley Lane, Winchester Virginia and are identified with Property Identification Numbers 60-A-89, 61-A-15 and 61-A-17 in the Back Creek Magisterial District. (Note: Commissioner Oates was absent from the meeting) Conditional Use Permit #07-17 for Caroline (Dixie) Scheulen, submitted for construction of a special event facility. The property is located at 283 Barracks Lane, Winchester, Virginia and is identified with Property Identification Number 52-A-261 in the Back Creek Magisterial District. Action — Postponed for 30 days M. Tyler Klein, Planner reported this application was submitted for construction of a special event facility; the property is located at 238 Barracks Lane, Winchester and is identified with Property Identification Number 52-A-261 in the Back Creek Magisterial District. Mr. Klein continued the property is zoned RA (Rural Areas) and the current land use is Agriculture/Open Space. He noted the proposed use is for a special event facility for weddings and other similar type events. Mr. Klein presented a locations map of the property noting access points from Woodchuck Lane. Mr. Klein reported the Applicant is seeking to construct: a 5,000 square foot (SF) event center with restrooms, prep -kitchen, and storage; a 600 SF detached bridal suite; a concreate patio and gazebo. Mr. Klein continued the facility may accommodate up to 280 persons. He noted the actual occupancy, not to exceed 280 persons, will be determined at the time of a site plan depending on configuration of the building as determined by a building official. Mr. Klein explained the facility may be developed in phases, and the design and architecture of the buildings will be complimentary and consistent with the County's rural area character. Mr. Klein presented a sketch from the Applicant of the proposal. Mr. Klein continued the proposed conditional use is consistent with the 2035 Comprehensive Plan; which supports opportunities for agritourism and agribusiness in the County's rural areas. He noted the Board of Supervisors approved "special event facilities" as a conditional use in the RA Zoning District in May 2017. Mr. Klein reported the Applicant has addressed all review agency comments, including site access, compliance with the building and fire safety code; and the proposed use is consistent with the County's policies and regulations. Mr. Klein concluded should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments shall be complied with at all times. Frederick County Planning Commission Page 3471 Minutes of September 20, 2017 2. An engineered site plan shall be submitted and approved by Frederick County prior to establishment of the use; building permits are also required. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. Events may accommodate up to and not to exceed 280 persons. 5. One (1) monument style sign is permitted. 6. Any expansion of modification of this use will require the approval of a new CUP. Mrs. Caroline (Dixie) Scheulen, the Applicant came forward and presented and overview of the property and a brief history of the land. Mrs. Scheulen stated in February 2017 she approached the Planning Department with plans of this special events facility. She noted her intent is to help her parents with the purchasing mortgage for the property; her intent is to keep this facility upscale. Mrs. Scheulen discussed the benefits of bringing this type of facility to Frederick County and the overall income it will generate across the board for the community. She noted the local economy can benefit from an event center such as this by attracting people from outside our community. Mrs. Scheulen mentioned the concerns that have been brought forth to her prior to the Public Hearing: the distance from Woodchuck Lane to the building; the access point to the property, she has met with VDOT and is willing to modify the entrance as long as it does not place a large financial strain. Commissioner Thomas inquired would the Applicant be satisfied with events being limited to three (3) days. Mrs. Scheulen replied she finds this request reasonable. Commissioner Thomas asked if the events will be held inside the building and he commented he would like to see the music for events inside and possibly listed as a condition of this CUP. Mrs. Scheulen responded this is something that could be worked on. Commissioner Thomas noted he is also concerned with lighting from the facility affecting neighbors. Mrs. Scheulen commented the building and lighting will be far enough away from adjoining property owners as to not create a problem. Commissioner Kenney asked if farming is taking place on this property now. Mrs. Scheulen explained the property was purchased last year, and currently planting, fertilizing is taking place. Commissioner Kenney noted his concerns with noise and the need to modify the condition for outdoor music; he feels this can be worked through. Mrs. Claire Boyd the property owner came forward; she noted she and her husband currently own and operate Cloverdale Barn Event Center. Mrs. Boyd continued, an event facility that is indoors is something this community needs. She noted, she and her family make it a point and make every effort to work with neighbors and the community. Mrs. Boyd stated that having this new facility would help keep large local groups just that "local" and an example would be Frederick County Public Schools. She thanked everyone for their consideration regarding the facility. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Frederick County Planning Commission Page 3472 Minutes of September 20, 2017 Mr. Rocky Keplinger of the Back Creek Magisterial District and residing on Woodchuck Lane came forward with concerns. Mr. Keplinger presented photos of the location and proximity of his property to this proposed events facility. He noted Barracks Lane does not have to be the only access to the facility and stated Cather Lane could be used. Mr. Keplinger shared his concerns: Barracks Lane runs right beside his house; trash that could accumulate; alcohol consumption; what improvements will be done by the Applicant to Barracks Lane. Mr. Keplinger noted he and his wife have met with the Applicant and they are willing to do a land swap of a property off of Round Hill Road. Commissioner Unger inquired what type of land swap would take place. Mr. Keplinger responded it is near the firehall and access would come out by Mrs. Brewer's house/property. Commissioner Kenney asked where does this leave Mrs. Brewer by having this run along her property. Mr. Keplinger commented her concerns would need to be addressed. Commissioner Triplett inquired if VDOT is on board with this Round Hill Road access point. Mr. Keplinger noted he does not know if VDOT is aware of this option. ivis. Stephanie Standi'lUr of the Back Creek Magisterial District came forward and shared her concerns: traffic and the location of her driveway with increased traffic. She encourages the Applicant to consider other options. Mr. Robert McFarland of the Back Creek Magisterial District came forward. He noted his property is across from Barracks Lane. Mr. McFarland stated he is not opposed to the facility however increased traffic is a concern especially during bad weather. He noted he would like to see an agreement reached between all involved. Mr. Matthew Riley of the Back Creek Magisterial District shared his concerns of increased traffic and noted numerous children at play in this area. Mr. Gregory Miller of the Back Creek Magisterial District voiced his concerns regarding the noise and disruption this facility may generate and also his concern with increased traffic. Mrs. Barbara Singhas who resides on Round Hill Road came forward and shared her concerns of an entrance possibly being put on Round Hill Road. She is also concerned with this facility increasing in size over time. Ms. Michelle Loy of the Back Creek Magisterial District shared her concerns regarding the noise from the facility and noted there are no barriers in place to block this; the traffic impacts the facility will have; and concerned how this related to agritourism. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Mr. Klein responded to comments from the citizens. In regards to an access point; the Applicant was required to obtain VDOT comments and it was determined Barracks Lane is the most appropriate access point, Cather Lane does not meet the property and Round Hill Road is not an acceptable option. He continued regarding the noise; the structure will be subject to building codes and the Planning Commission may assign a condition to keep music indoors. Commissioner Thomas asked if Barracks Lane is gravel or paved at this time. Mr. Klein explained it is gravel; the Applicant would be required to have a commercial entrance with a paved portion and sign. Frederick County Planning Commission Page 3473 Minutes of September 20, 2017 Commissioner Mohn asked if there has been any discussion to limit outdoor music. Mr. Klein responded Staff has met with the Applicant numerous times and the Applicant wants to be a good neighbor and is willing to make provisions to her proposal. Commissioner Unger commented he does not feel the noise will be an issue. He noted there are other venues in Frederick County, and have there been complaints on these regarding noise. Mr. Klein responded he is not aware of any complaints. Commissioner Unger commented this is a CUP and if there were complaints they would be researched and addressed accordingly. He noted the Applicant could build houses on this property if they desired, thus making the traffic concerns the same or more. Commissioner Unger concluded he would like to see the property kept as farming. Commissioner Thomas commented he feels this would be a good addition to Frederick County; it will be different for the area but not unacceptable. He noted conditions can be added to address outdoor lighting and noise factors. Commissioner Marston inquired can a condition be added to move Barracks Lane. Mr. Klein responded VDOT would ultimately decide and would have to check the site plan. Commissioner Mohn commented he would like to see this CUP directed back to Staff to work out some issues and then brought back to the Planning Commission for further review. Commissioner Kenney agreed with Commissioner Mohn. Commissioner Unger reiterated for all to remember houses can be built on this property. Upon motion made by Commissioner Thomas and seconded by Commissioner Kenney to postpone this item for 30 days BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend postponement for 30 days of Conditional Use Permit #07-17 for Caroline (Dixie) Scheulen, submitted for construction of a special event facility. The property is located at 283 Barracks Lane, Winchester, Virginia and is identified with Property Identification Number 52-A-261 in the Back Creek Magisterial District. The Vote was as follows: YES: Unger, Thomas, Cline, Kenney, Triplett, Mohn, Wilmot, Molden NO: Marston, Ambrogi, Manuel (Note: Commissioner Oates was absent from the meeting) INFORMATION/ DISCUSSION ITEMS Subdivision request #05-17 for Freedom Crossing, submitted by Greenway Engineering Inc., is requesting 7 single-family (townhouses) lots on 1.2751 acres of land. The property is located at 357 Double Church Road, Stephens City, Virginia. The property is identified with Property Identification Number 86-A-6 in the Opequon Magisterial District. Frederick County Planning Commission Page 3474 Minutes of September 20, 2017 Mark A. Cheran, Zoning and Subdivision Administrator reported this is a subdivision request for seven (7) single family (townhouse) lots located at 357 Double Church Road. Mr. Cheran presented a locations map of the property. He continued, the property is located within the Urban Development Area (UDA) and the Sewer Water Service Area (SWSA). Mr. Cheran noted access will be provided via a private internal street that accesses Double Church Road. He explained the plan accounts for a right-of-way dedication on Double Church Road, sidewalks, landscaping, and buffers. Mr. Cheran reported the Applicant previously received a waiver of the Master Development Plan (MDP) requirement and has chosen to process a subdivision design plan in lieu of the MDP; the application must be presented to the Planning Commission and Board of Supervisors as an informational item. Although not a Public Hearing, two (2) c.tfzcns were permitted to speak regarding this item. Ms. Melissa Turner shared her concerns regarding barriers, the development entrance, and what type of fencing will serve as a buffer. Ms. Kizzy Pangle shared her concerns regarding the titling and deed for this property and noted her family has a scheduled court date of October 4, 2017 to help clarify this issue. Residential Separation Buffer in the RP District; discussion on revisions to the Frederick County Zoning Ordinance on residential separation buffers in the RP (Residential Performance) Zoning District. M. Tyler Klein, Planner reported this is a proposed amendment to Chapter 165 — Zoning Ordinance to modify the requirement for residential separation buffers in the RP (Residential Perfonnance) Zoning District. He noted this proposal was initiated by Greenway Engineering. Mr. Klein continued residential separation buffers are required to adequately buffer different housing types from dissimilar housing types within adjacent separate developments. He noted the intent of this request is to provide flexibility for smaller infill type lots, ensuring desired housing densities specified in the LRLUP (Long Rage Land Use Plan). Mr. Klein reported, Staff has drafted a revision to the Zoning Ordinance to modify the required buffer between single-family detached (SF) units and townhome units; and between single- family small lots (attached and detached) and townhome units. He noted this amendment would effectively change the required buffer category from a Category B Type to a Category A Type Buffer. Mr. Klein provided a brief overview of the types of buffers; Category A Type has a 15' Inactive Distance, 10' Active Distance, totaling 25'; and Category B Type Buffer has a 30' Inactive Distance, 20' Active Distance, totaling 50'. Mr. Klein noted full screen buffer includes landscape screen and 6' tall fence, wall, mound or berm. Mr. Klein concluded the DRRC discussed this amendment at their April, May, July, and August meetings and agreed with the proposed changes. Commissioner Mohn and Commissioner Manuel commented this is a good change. Frederick County Planning Commission Page 3475 Minutes of September 20, 2017 Cancelation of the regular meeting on October 4, 2017 Chairman Wilmot announced there were no pending items for the Planning Commission's October 4, 2017 meeting. A motion was made by Commissioner Thomas to cancel the October 4, 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 Cline and unanimously passed. The meeting adjourned at 8:25 p.m. Respectfully submitted, ne M. Wilmot,, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3476 Minutes of September 20, 2017