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PC 04-04-18 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia April 4, 2018 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ................................................................ (no tab) 2) February 21, 2018 and March 7, 2018 Meeting Minutes ............................................... (A) 3) Committee Reports .................................................................................................. (no tab) 4) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 5) Conditional Use Permit #02-18 for Alisha Feltner – which submitted for a cottage occupation for a nail salon. The property is located at 464 Layside Drive, Winchester, Virginia and is identified with Property Identification Number 51-A-129 in the Back Creek Magisterial District. Mr. Cheran ....................................................................................................................... (B) 6) Conditional Use Permit #03-18 for Trumpet Vine Farm, LLC., submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 266 Vaucluse Road, Stephens City, Virginia and are identified with Property Identification Number 85-A-6C in the Back Creek Magisterial District. Mr. Klein .......................................................................................................................... (C) INFORMATION/DISCUSSION 7) Master Development Plan #02-18 for Regents Crest Subdivision submitted by Painter- Lewis, P.L.C., on behalf of Jennings Investments. This application seeks to develop 9.9+/- acres of land zoned RP (Residential Performance) District and B2 (General Business) District for townhomes and single-family small lots attached. The subject properties are located generally south of Trafalgar Square on the south side of Route 522, in Stonewall Magisterial District, and are identified by Property Identification Numbers 53 -7-1 through 53-7-66 and 53-7-66A. Please note this item is presented for informational purposes only. Please note this is not a public hearing. Mr. Klein .......................................................................................................................... (D) -2- 8) Shipping Containers – Discussion on revisions to the Frederick County Zoning Ordinance to restrict the use of shipping containers (i.e. pre-fabricated, durable, steel shipping containers, also known as intermodal containers, cargo containers, freight containers, or ISO containers) as accessory structures in certain districts. Mr. Klein .......................................................................................................................... (E) 9) Self-Storage Facilities in RA District - Discussion on revisions to the Frederick County Zoning Ordinance to allow self-storage facilities in the RA (Rural Areas) Zoning District as a conditional use (requiring an approved Conditional Use Permit - CUP). Mr. Klein .......................................................................................................................... (F) Other Adjourn Commonly Used Planning Agenda Terms Meeting format Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide comment to the Planning Commission on any items not scheduled as public hearing items. Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning Commission will take action on the item (see below). Action Item–There are both public hearing and non-public hearing items on which the Planning Commission takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during the Action Item portion of the agenda. Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning Commission for information and discussion. The Planning Commission may offer comments and suggestions, but does not take action on the agenda item. No public comment is accepted during the Information/Discussion Item portion of the agenda. Planning Terminology Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area of the county where community facilities and public services are more readily available and are provided more economically. Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses in area where residential land uses are not desirable. Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of land. Common land use categories include: agricultural, residential, commercial, and industrial. Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards. Frederick County designates these areas, and establishes policies and ordinances over types of land uses, density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the future development of a community, protect neighborhoods, concentrate retail business and industry, and channel traffic. Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted land use activities on their land. A rezoning changes the permitted land use activities within the categories listed above under Land Use. Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a matter of right within a zoning district, is considered through a public hearing process and usually contains conditions to minimize any impacts on surrounding properties. Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result of a citizen request with substantial justification supporting the change. Amendments ultimately proceed through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors. County Bodies Involved Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the policy-making body of the county. Functions of the Board of Supervisors related to planning include making land use decisions, and establishing growth and development policies. Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the Board of Supervisors which then takes final action on all planning, zoning, and land use matters. Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose primary responsibility is to formulate land use policies that shape the location and timing of development throughout the County. Included in the work are studies of specific areas to develop guidelines for future land use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan. Decisions by CPPC are then forwarded to the PC for consideration. Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions are also forwarded to the PC for consideration. A Frederick County Planning Commission Page 3514 Minutes of February 21, 2018 MEETING 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 21, 2018. PRESENT: Kevin Kenney, Chairman; 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; Charles E. Triplett, Gainesboro District; June M. Wilmot, Member at Large; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Christopher M. Mohn, Red Bud District STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A. Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the February 21, 2018 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney 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. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes from the January 17, 2018 meeting. ------------- Frederick County Planning Commission Page 3515 Minutes of February 21, 2018 COMMITTEE REPORTS Agricultural District Advisory Committee – Mtg. 01/23/18 Commissioner Cline reported the committee unanimously sent forward two (2) requests to add parcels to the South Frederick Agricultural and Forestal District. Frederick Water Commissioner Oates provided a synopsis: On February 12, 2018 the court struck two of the Town of Stephens City’s experts and part of the proposal testimony of the third expert. The Court dismissed the portion of the Town’s complaint regarding alleged “billing errors”. On February 15, 2018, Frederick Water (then Frederick County Sanitation Authority) filed counterclaims against the Town of Stephens City, Virginia. The suit alleges that as of February 9, 2018, the Town owed Frederick Water over $5.7 million in unpaid invoices and penalties for water and wastewater services provided after the Town stopped paying in March 2015. The suit alleges that records produced by the Town appear to indicate that it does not have the cash reserves or the cash flow from operations that would enable the Town to pay the outstanding balance as alleged. The suit contains seven (7) counts, most notably the demand for $5.7 million allegedly owed, a request to the Court to suspend water service to the Town requiring them to buy water from another provider, the motion for the appointment of a special receiver to take charge of certain Town accounts, and request to declare the Town’s water protection ordinance unconstitutional as applied to the Bartonsville Well. City of Winchester – 02/20/18 Commissioner Wolfe, Winchester City Planning Commission Liaison, reported the commission moved forward two (2) extended stay units, a site plan for a driveway on Linden Drive, and text amendment for short term rentals. ------------- CITIZEN COMMENTS Chairman Kenney 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 Kenney closed the citizen comments portion of the meeting. ------------- Frederick County Planning Commission Page 3516 Minutes of February 21, 2018 PUBLIC HEARING Rezoning #05-17 for O.N. Minerals (Chemstone) d/b/a Carmeuse Lime & Stone – submitted by Lawson and Silek, P.L.C., to amend the proffers for this property; rezoning 394.2 acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Man ufacturing) District with revised proffers. The properties are situated generally west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The properties are identified with Property Identification Numbers 83-A-109 and 90-A-23, in the Back Creek Magisterial District. Action – Recommend Denial Candice E. Perkins, Assistant Director, reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. She continued, this request was postponed for 90 days at the Planning Commission’s November 15, 2017 meeting to provide the Applicant additional time to discuss the proposal with neighbors. Ms. Perkins explained the Applicant is seeking to revise the proffers pertaining to: Viewshed Plans; Berm heights and installation timing; Landscaping exhibit removal; and Cemetery access. Ms. Perkins compared the proffers that have been approved to the amended proffers, dated February 14, 2018: • The approved proffer required berms that ranged in height from 10’ to 30’ based on the 12 proffered viewshed plans. The revision includes 3 viewshed plats that only show proposed berm details north of Chapel Road. • Berm Heights – Berm D (north of Chapel Road); berm adjacent to the Westernview Subdivision was proffered to be 30’. The revision proposes to reduce this berm to 15’. • Berm Heights – Berms C & D; removes the berm detail south of Chapel Road and the Northern berm is still shown at 10’. • Berm Timing – Berms C & D were proffered to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The revision proposes Berms C & D to be installed after the permitting process of the properties for mining and before any extraction of material for processing. • Proffer 2.2 – Site Development: The November 2017 proffer stated, “a combination of landscaping, earthen berms and fencing shall be installed”; the February 2018 proffer states “earthen berms or fencing shall be installed”. This language is ambiguous and appears to allow for the complete elimination of all berms and only fencing provided. • Cemetery Access: Seeks to relocate the Marsh Brook Lane access to Chapel Road. The approved proffer stated that the Applicant would “improve” the ROW so it can be used for access and that the Applicant would provide continued maintenance. The proposed proffer states that the owner would relocate the ROW; this proffer is ambiguous as to whether the Applicant will be building a Frederick County Planning Commission Page 3517 Minutes of February 21, 2018 ROW for access or just relocating the ROW. It was noted this also removes the timeline (12 months from cemetery restoration) therefore this is no trigger for the completion of this relocation. • Site Access – Clarification: Staff noted the approved proffers state “access via public secondary roads shall be limited to the quarry entrance on McCune Road”. Staff has received a number of questions regarding site access directly via Chapel Road; Proffer 2.1 prohibits access to Chapel Road for quarry operations. The proffered GDP indicates a proposed tunnel under Chapel Road. Ms. Perkins concluded it appears this proposed proffer amendment will have a great impact on the surrounding residential properties and the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. Mr. Michael Wilmoth from Carmeuse presented a brief overview of what has transpired since the November 2017 meeting: have held two community meetings; had face to face meetings with residents; handled numerous phone calls from residents. He provided a presentation of the revised proffers and various maps. Commissioner Unger inquired if the open field on the combined comparison map will be mined in the future. Mr. Wilmoth noted there is no plan to mine the field at this time based on existing drilling; if they were to mine that area they would have to put in a screening berm. Commissioner Oates suggested possibly zoning this piece back to RA. Mr. Ty Lawson, representing the Applicant noted there is no intent to mine or rezone at this time. Commissioner Unger noted there are no provisions in place to provide screening should this get mined at a later date. Mr. Lawson explained the zoning goes to the property line and there are setbacks in the zoning ordinance and there are requirements of DMME that certain screening, fencing, or berms must be in place. Commissioner Thomas suggested, if the berms are behind the tree line, why not include or proffer a mining map that shows the perimeters where their going to mine and include no mining to take place without a revised proffer to be allowed outside of these areas. He noted there needs to be protection in place for residents regarding future mining. Mr. Lawson explained where mining will take place is where reserves are underground. Commissioner Thomas noted if the berms are moved behind the tree line then the extent of the mining has to be inside the berm; this needs to be shown and committed to. Mr. Lawson commented he would agree. Commissioner Thomas questioned the language in proffer 2.2. Mr. Lawson explained the reason for the language in proffer 2.2 is to maintain the existing tree line and fence line; will be a combination. He continued, there were two GDP’s provided to show where the berms would be and the heights; there are no words of fencing on the GDP. Commissioner Thomas noted the text in the proffers and the GDP need to be the same. Chairman Kenney requested Mr. Lawson read the text in proffer 2.2, first three lines to provide some clarity for everyone. Mr. Lawson read, “A combination of landscaping earthen berms or fencing shall be installed around the properties and the areas depicted on the amended GDP. The berms shall have a maximum height of 30’ and minimum height of 10’ as depicted on the GDP attachment.” Commissioner Thomas commented the “or” in between the berm and fencing can be misinterpreted. Commissioner Thomas asked Mr. Wilmoth, when the public meeting was held did the residents agree to the revised berm height and revised locations. Mr. Wilmoth responded that is correct; Frederick County Planning Commission Page 3518 Minutes of February 21, 2018 at the last community meeting the berm heights were provided by residents with the exception of Section 4 as there was some discrepancy so a minimum of 20’ was put in place. Commissioner Marston asked what determines the various berm heights; he feels there should be a standard of 15’ or 20’. Mr. Wilmoth explained that was proposed to residents; after speaking with multiple neighbors they were provide with various feedback and they are trying to accommodate as many neighbors as possible. Commissioner Unger inquired is the intent to plant trees on the new berms like what is on the existing berms. Mr. Wilmoth explained that is correct; there would be a planting scheme, a grass mix from the Park Service was received and any other landscaping that would be approved by the zoning administrator. Commissioner Unger commented, possibly remove the word “or” from the proffer and include something that is not so vague and also include something that protects the neighbors of Westernview from future mining. Mr. Wilmoth commented they will take that into consideration. Mr. George McKotch of Carmeuse came forward. Commissioner Unger reiterated, there are two things that need to happen: need better wording for the berms or fencing and if the large field is to possibly be mined in the future there needs to be provisions in place now. Mr. McKotch note d an agreement can be met in regard to the berm language; there is no intent to mine the open field and if language is needed to address this it can be done. Chairman Kenney reminded everyone that what is before us in the agenda is what has to be voted on tonight. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Kevin Barrington of 205 Westernview Drive came forward and shared his concerns and comments. He gathered the community and held two meetings; felt at the meeting the residents were forced to make quick decisions and their requests were not fully addressed. He concluded Carmeuse is making money while the residents are losing money on their home and properties. Mr. Richard Dye owns 65 acres that boarders the property. He noted the need to keep the berms at 30’ and is concerned with the stream. Mr. John Owings of 374 Chimney Circle shared his concerns: the community meeting did not involve everyone; the elimination of the 30’ berms is unacceptable; Chapel Road 15’ berm is not high enough; who will monitor the growth of the vegetation on the berms; and is concerned Carmeuse is not following the truck limit on these roads. Mr. Kian Banks thanked the Planning Commission for the 90-day postponement in November 2017. He feels Carmeuse enticed the residents at the community meetings. He agreed there was more communication between the residents and Carmeuse however it did not make it into the proffers; would like the Planning Commission to deny this request. Ms. Robin Young of Chimney Circle commented there has been negotiating and residents can continue to work with Carmeuse to reach an agreement. Frederick County Planning Commission Page 3519 Minutes of February 21, 2018 Mr. Bill Hunter of 151 Westernview Drive commented he felt the meetings at the local level were more productive. He continued, there is more negotiating that needs to be done and would like to have the language cleaned up. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas noted, the Planning Commission’s actions tonight are limited, and the Applicant can request a delay in moving to the Board of Supervisors. He strongly feels the item as presented is unacceptable and sees no reason to reduce the berm heights. Mr. Lawson stated the Applicant’s mission after the November 2017 meeting was to meet with the neighbors a nd that was done; the berm height was the majority of the discussions and the Applicant received conflicting responses from the residents. Commissioner Thomas reiterated, Carmeuse can request a delay however the Planning Commission will need to vote on this. Mr. Lawson noted the need to move forward and they will not request a delay. Commissioner Oates stated he agrees with Commissioner Unger and Commissioner Thomas, the Applicant needs to change the proffer language and the Board of Supervisors will decide; he feels more should have been done. Upon motion made by Commissioner Marston and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend denial of Rezoning #05-17 for O.N. Minerals (Chemstone) d/b/a Carmeuse Lime & Stone – submitted by Lawson and Silek, P.L.C., to amend the proffers for this property; rezoning 394.2 acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The properties are situated generally west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The properties are identified with Property Identification Numbers 83-A-109 and 90-A-23, in the Back Creek Magisterial District. (Note: Commissioner Mohn was absent from the meeting) Conditional Use Permit #09-17 for Gregory A. Bishop (Shenandoah Mobile, LLC) Commercial Telecommunication Facility – submitted to construct a wireless commercial telecommunication monopole tower with supporting equipment in a fenced compound. The property is located at 219 Round Hill Road, Winchester, Virginia and is identified with Property Identification Number 52-A- 254 in the Back Creek Magisterial District. Action – Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator, reported this application is submitted to construct a wireless commercial telecommunication monopole tower with supporting equipment in a fenced compound. He continued, the property is currently zoned RA (Rural Areas) District and the current land use is Automobile Salvage Yard; the proposed use is for a 138’ Commercial Telecommunication Tower which is to be located on a 7 +/- acre property. Mr. Cheran noted, the Zoning Frederick County Planning Commission Page 3520 Minutes of February 21, 2018 Ordinance allows for commercial telecommunication facilities in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. Mr. Cheran reported the Applicant is requesting a waiver to reduce the required setbacks for the eastern and western property lines; this proposed tower is to be 134’ from the eastern and western property lines; the required setback from the property line is 100’; the tower is 138’ in height and the RA Zoning District height maximum is 35’, (138’ – 35’ = 103’). Mr. Cheran explained the normal setback of 100’ in the RA District when the adjoining parcel is over 6 acres or more; the normal setback of 100 ’, plus one foot for every foot over the maximum height of the district (35’); the site plan notes this tower is placed 134’ from the property line and the setbacks cannot be met, thus resulting in a computation of (203’ – 134’ = 69”) resulting in a waiver request of the 69’. He noted the property adjacent to the setback waiver request is a utility sub-station. Mr. Cheran presented the following conditions recommended by Staff. 1. All review agency comments shall be complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the Applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. Mr. Lynn Koerner, representing Shentel came forward and provided a brief overview of the proposal and the history of this property. Mr. Dan Turnbull of Diamond Communications came forward and noted he has been working on an adjacent site with AT & T that is about 100 yards from this proposed tower; and agreement has been met with First Energy. Chairman Kenney 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 Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Unger and seconded by Commissioner Marston BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #09-17 for Gregory A. Bishop (Shenandoah Mobile, LLC) Commercial Telecommunication Facility – submitted to construct a wireless commercial telecommunication monopole tower with supporting equipment in a fenced compound and the approval for a waiver request. The property is located at 219 Round Hill Road, Winchester, Virginia and is identified with Property Identification Number 52-A-254 in the Back Creek Magisterial District. (Note: Commissioner Mohn was absent from the meeting) Frederick County Planning Commission Page 3521 Minutes of February 21, 2018 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 Thomas and unanimously passed. The meeting adjourned at 8:25 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ____________________________ Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3522 Minutes of March 7, 2018 MEETING 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 March 7, 2018. PRESENT: Kevin Kenney, Chairman; 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; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; June M. Wilmot, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: J. Rhodes Marston, Back Creek 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 Kenney called the March 7, 2018 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Wilmot and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Manuel and seconded by Commissioner Cline, the Planning Commission unanimously adopted the minutes from the February 7, 2018 meeting. ------------- Frederick County Planning Commission Page 3523 Minutes of March 7, 2018 COMMITTEE REPORTS Frederick Water – Mtg. 2/27/18 Commissioner Unger reported the Frederick Water Board approved updates to the Water and Sewer Design Standards and Specifications manual; this document specifies standards and sewer line construction and new service connections to Frederick Water’s water and sewer services. Commissioner Unger continued, the Frederick Water Board authorized staff to enter into agreement with VDOT which will result in the relocation and upgrade of a water main as part of VDOT’s Route 277 Road Improvement Project; the effort will result in the existing 40 year old 8 inch water main being relocated to a location outside of the new road pavement section and construction of a 12 inch water main. Commissioner Unger noted the Board heard and update on the Opequon Water Supply Plan. Commissioner Unger provided the January operations report: customer base over 15,500 connections; monthly water use averaged 6.10 MGD; Diehl’s north quarry continues to maintain its quarry water level at 650.3 feet; the Anderson’s quarry level is 583.5 feet; rainfall was 1.72 inches, slightly below average; quarries are holding their own, and it’s anticipated their seasonal recharge will be apparent over the next month. Transportation Committee – Mtg. 2/26/18 Commissioner Oates reported the committee reviewed a revenue sharing agreement between the County, FLG Residual Trust Properties, and Campfield LLC; the agreement will create the design of the round-a-bout and the Tevis Street Extension from the planned bridge over I-81 to Route 522. He continued, once the plans reach 30% design, the County can evaluate the cost and determine if there is enough money to proceed with the project, or if it is over budget and will impact county taxpayers. Commissioner Oates noted, if the County elects not to continue past the 30% design, the developer will bear the full cost of the 30% design. Commissioner Oates reported the second item discussed by the committee was a SmartScale application; there are 12 projects on the list that need to be narrowed to only 4 that can be presented. He noted, VDOT was present and offered their input on the projects. Commissioner Oates concluded the Costello Drive intersection with Route 522 was chosen as a definite; the committee continues to discuss the other options. Development Review and Regulations Committee – Mtg. 2/22/18 Commissioner Unger reported he was reappointed as Committee Chair and Tim Stowe was appointed as Vice-Chair for the upcoming calendar year. Commissioner Unger continued, the committee discussed modifications to setbacks for multifamily and age -restricted housing in the RP (Residential Performance) District; the committee did not recommend this item move forward. Next Commissioner Unger reported, a request was discussed to prohibit shipping containers and accessory structures in certain districts and limit the use of shipping containers in others; this item will be coming before the Planning Commission. Commissioner Unger concluded the committee directed Staff to bring back for consideration a 2015 text amendment to allow mini self-storage facilities as a CUP in the RA (Rural Areas) District; this item will be coming to the Planning Commission. Frederick County Planning Commission Page 3524 Minutes of March 7, 2018 City of Winchester – Mtg. 3/07/18 Commissioner Pifer, Winchester City Planning Commission Liaison, reported the Commission held a work session and approved three (3) Conditional Use Permits and approved a Rezoning of 2.43 acres east of Quarles Elementary School. He concluded the Commission discussed several zoning ordinances. Board of Supervisors – Mtg. 2/28/18 Board of Supervisors’ Liaison, Supervisor Shannon Trout reported the Board denied CUP #01-18 for Bryan Henry. She noted the Board decided to hold a work session pertaining to Robert E. Aylor Middle School. ------------- CITIZEN COMMENTS Chairman Kenney 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 Kenney closed the citizen comments portion of the meeting. ------------- PUBLIC HEARING Request of Roy McDonald and Loretta McDonald to consider adding additional parcels into the South Frederick Agricultural and Forestal District. These properties are located at 364 Carson Lane, Stephens City, Virginia, and are identified with Property Identification Numbers 84-A-47B, 84-A-49B, 84-A-49G, 84-A-48, and 84-A-48A in the Back Creek Magisterial District. Action – Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a request to add six (6) parcels totaling 351.8+/- acres to the south Frederick Agricultural and Forestal District. He provided a location map of the property. Mr. Cheran noted the most recent renewal of this district occurred in May 2016 for a period of five (5) years. He continued, the South Frederick Agricultural and Forestal District currently contains 6,248.71 +/- acres; the addition of 381.8 +/- acres will increase the South Frederick Agricultural and Forestal District to 6,600.51 +/- acres. Mr. Cheran concluded the Agricultural District Advisory Committee (ADAC) considered this request during their January 23, 2018 meeting and unanimously recommended these six (6) parcels be added to the district. Frederick County Planning Commission Page 3525 Minutes of March 7, 2018 Chairman Kenney 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 Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Unger and seconded by Commissioner Oates BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Request of Roy McDonald and Loretta McDonald to consider adding additional parcels into the South Frederick Agricultural and Forestal District. These properties are located at 364 Carson Lane, Stephens City, Virginia, and are identified with Property Identification Numbers 84 -A-47B, 84-A- 49B, 84-A-49G, 84-A-48, and 84-A-48A in the Back Creek Magisterial District. (Note: Commissioner Marston was absent from the meeting) Request of Jason McDonald and Jennifer McDonald to consider adding additional parcels into the South Frederick Agricultural and Forestal District. These properties are located at 388 Vaucluse Road, Stephens City, Virginia and are identified with Property Identification Numbers 84-A-6D, 84-A-49E, 84-A-53C, 84-A-53D, and 84-A-53E in the Back Creek Magisterial District. Action – Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a request to add five (5) parcels totaling 175.81 +/- acres to the South Frederick Agricultural and Forestal District. He provided a location map of the property. Mr. Cheran continued, the most recent renewal of this district occurred in May 2016 for a period of five (5) years. He noted the South Frederick Agricultural and Forestal District currently contains 6,248.71 +/- acres and the addition of the 175.81 +/- acres will increase the South Frederick Agricultural and Forestal District to 6,424.52 +/- acres. Mr. Cheran concluded, the Agricultural District Advisory Committee (ADAC) considered this request during their January 23, 2018 meeting and unanimously recommended the five (5) parcels be added to the district. Chairman Kenney 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 Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Unger and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of the Request of Jason McDonald and Jennifer McDonald to consider adding additional parcels into the South Frederick Agricultural and Forestal District. These properties are located at 388 Vaucluse Road, Stephens City, Virginia and are identified with Property Identification Numbers 84-A-6D, 84-A-49E, 84-A-53C, 84-A-53D, and 84-A-53E in the Back Creek Magisterial District. (Note: Commissioner Marston was absent from the meeting) ------------- Frederick County Planning Commission Page 3526 Minutes of March 7, 2018 INFORMATION/DISCUSSION Master Development Plan #01-18 for Carbaugh Business Center submitted by Stowe Engineering, on behalf of Graystone Corporation of Virginia. This application seeks to develop 107.21 +/- acres of land zoned M1 (Light Industrial) District for light industrial/warehousing. The subject properties are located at 831 Shady Elm Road (Route 651), in the Back Creek Magisterial District, and are identified by Property Identification Numbers 74-A-68 and 74-A-69. Action – Recommend Approval of Waiver Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. M. Tyler Klein, Planner, reported this is a proposal to develop 107.21 acres of land zoned M1 (Light Industrial) for warehousing and light industrial type uses in the Back Creek Magisterial District; the property is located southeast of Shady Elm Road (Route 651) and generally northwest of the CSX Railroad. He presented a map with an overview of the property. Mr. Klein explained, the properties were rezoned in late 2017 with REZ #04-17 to rezone 107.21 acres from RA (Rural Areas) Zoning District to the M1 (Light Industrial) Zoning District. He continued, as part of this rezoning application the Applicant proffered: 60’ ROW along Shady Elm Road; 20’ ROW along the future Renaissance Drive; A maximum of two (2) commercial entrances from Renaissance Drive; and a Category C full screen buffer along Shady Elm Road with street trees along Renaissance Drive. Mr. Klein provided and overview map of the MDP as provided by the Applicant. Mr. Klein reported the Applicant is also seeking a waiver of the Chapter 144 Subdivision Ordinance requirements to allow for the subdivision of lots with access provided by internal private streets extending from Renaissance Drive. He explained the Master Development Plan for Carbaugh Business Center is generally consistent with the requirements of the Zoning Ordinance and the MDP is in conformance with the proffers and Generalized Development Plan (GDP) for the approved REZ #04-17. Mr. Tim Stowe of Stowe Engineering, PLC came forward to answer questions on behalf of the Applicant. Commissioner Unger inquired what is the reasoning of wanting to change streets from public to private. Mr. Stowe explained it allows more flexibility to develop the property by using private streets and removes VDOT from the process and VDOT will not have to maintain these streets. Upon motion made by Commissioner Unger and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of a Waiver Request for Master Development Plan #01-18 for Carbaugh Business Center submitted by Stowe Engineering, on behalf of Graystone Corporation of Virginia. This application seeks to develop 107.21 +/- acres of land zoned M1 (Light Industrial) District for light industrial/warehousing. The subject properties are located at 831 Shady Elm Road (Route 651), in the Back Creek M agisterial District, and are identified by Property Identification Numbers 74-A-68 and 74-A-69. ------------- Frederick County Planning Commission Page 3527 Minutes of March 7, 2018 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 Thomas and unanimously passed. The meeting adjourned at 7:25 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ____________________________ Michael T. Ruddy, Secretary B CONDITIONAL USE PERMIT #02-18 ALISHA FELTNER – Cottage Occupation; Nail Salon Staff Report for the Planning Commission Prepared: March 23, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission: 04/04/18 Pending Board of Supervisors: 04/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a cottage occupation for an in- home nail salon located within a single family detached structure. LOCATION: The subject property is located at 464 Layside Drive, Winchester. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 04/04/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. This proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Page 2 CUP #02-18, Alisha Feltner March 23, 2018 This report is prepared by the Frederick County Planning Staff to provide information to th e Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/04/18 Pending Board of Supervisors: 04/25/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a Cottage Occupation for an in- home nail salon located within a single family detached structure. LOCATION: This property is located at 464 Layside Drive, Winchester, Virginia MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-129 PROPERTY ZONING: RA (Rural Areas District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential REVIEW EVALUATIONS: Virginia Department of Transportation: The proposed business is located on a private road and therefore VDOT has no comments. Frederick County Inspections: Area shall comply with The Virginia Existing Building Code, The Virginia Uniform Statewide Building Code and Section 302-B, Business Use Group of the Page 3 CUP #02-18, Alisha Feltner March 23, 2018 International Building Code/2012. Other Code that applies is ICC/ANSI A117.1-09 Accessible and Usable Buildings and Facilities. Conditional use of existing basement area as nail spa. A change of use permit is required. Please submit a detailed floor plan with your permit. A mechanical permit and an electrical permit is required for the installation of the required ventilation. Each nail station shall be provided exhaust with a source caption system of 50 cfm per station. Lever type hardware shall be provided on all doors along the accessible route and business areas. 20% ANSI A117-09 rule apples. Frederick County Fire Marshall: Conditional Use Permit (CUP) approved provided that all areas that pertain to this CUP have: At least one 5lb. 2A:10BC fire extinguisher be hung & tagged in a readily accessible location in the area being used as a business. At least one smoke detector be installed in the area of the business. Winchester-Frederick County Health Department: The Health Department has reviewed the request for comments for a Conditional Use Permit for a proposed nail service business, to be operated out of a home located at 464 Layside Drive, Winchester, VA 22602; Tax Map #51 -A- 129. Based upon records on file with this Health Department, the residence is served by a sewage disposal system capable of treating 600 gpd, or 4 (four) bedrooms, with a maximum occupancy of 8 (eight) persons. The dwelling is served by a private water supply, or well. The owner/applicant says that there will be a maximum of 8 customers/week, with the business operating 2 (two) days/week. Each customer will require a maximum of about 4 -5 hrs. each visit. According to the occupant, there are currently 3 (three) full-time occupants living in the home. It is the opinion of this Health Department that the operation of this home business will not adversely affect the sewage disposal system or water supply serving the dwelling. This Health Department recommends that the applicant choose products that are not harmful to the proper operation of the sewage disposal system. Planning and Zoning: The 2035 Comprehensive Plan provides guidance when considering land use actions. This proposed in-home nail salon is located in an area of the County intended to remain rural in nature. The Frederick County Zoning Ordinance allows a nail salon as cottage occupation in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). A cottage occupation is defined as: COTTAGE OCCUPATION - An occupation or profession customarily carried on in a dwelling unit or an accessory building, which: Page 4 CUP #02-18, Alisha Feltner March 23, 2018 A. Actually is carried on wholly within the principal residential building or an accessory building or structure; B. Is carried on by no more than one person other than members of the family residing on the premises; and C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. The proposed use will take place within one room of the basement of the Applicant’s single- family dwelling. The applicant is proposing one pedicure chair, one nail counter, a waiting area and a retail counter as depicted on the sketch provided in the application. There will be no employees and no more than eight (8) customers per week will be permitted. The hours of operation will be from 10:00 a.m. - 4:00 p.m., Monday through Friday. The applicant has agreed to the customer number limitation, hours of operation, and days of operation. There will be no signs with this Conditional Use Permit. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 04/04/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a cottage occupation for an in-home nail salon located within a single family detached structure. This use would be operated from one room in the basement of the dwelling. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain rural in nature. This proposed CUP meets the definition of a cottage occupation and based upon the limited scale, it appears this use would not have any significant impacts on the adjoining properties. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. No signage allowed with this Conditional Use Permit. 3. Hours of operation shall be 10:00 a.m. to 4:00 p.m., Monday through Friday. 4. No more than eight (8) customers per week. 5. No employees permitted, beyond those residing on the premises. 6. Any expansion or change of use shall require a new Conditional Use Permit. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 51 A 129 340SAWYER LN 340SAWYER LN 269PINNACLERIDGE RD 269PINNACLERIDGE RD 479LAYSIDE DR 475LAYSIDE DR 461LAYSIDE DR 427LAYSIDE DR 256SAWYER LN 181SAWYER LN 181SAWYER LN 260SAWYER LN 206SAWYER LN LAY S I D E D R SAWY E R L N Applications Parcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: February 28, 2018Staff: mcheran LAYS I D E D R SAWY E R L N WARD E N S V I L L E G R PINNAC L E R I D G E R D B R I D L E P A T H C T CUP # 02 - 18Alisha FeltnerPIN:51 - A - 129Nail SalonZoning Map 0 140 28070 Feet CUP # 02 - 18Alisha FeltnerPIN:51 - A - 129Nail SalonZoning Map CUP #02-18 51 A 129 340SAWYER LN 340SAWYER LN 269PINNACLERIDGE RD 269PINNACLERIDGE RD 479LAYSIDE DR 475LAYSIDE DR 461LAYSIDE DR 427LAYSIDE DR 256SAWYER LN 181SAWYER LN 181SAWYER LN 260SAWYER LN 206SAWYER LN LAY S I D E D R SAWY E R L N Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: February 28, 2018Staff: mcheran LAYS I D E D R SAWY E R L N WARD E N S V I L L E G R PINNAC L E R I D G E R D B R I D L E P A T H C T CUP # 02 - 18Alisha FeltnerPIN:51 - A - 129Nail SalonLocation Map 0 140 28070 Feet CUP # 02 - 18Alisha FeltnerPIN:51 - A - 129Nail SalonLocation Map CUP #02-18 C CONDITIONAL USE PERMIT #03-18 Trumpet Vine Farms - Special Event Facility Staff Report for the Planning Commission Prepared: March 22, 2018 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/04/18 Pending Board of Supervisors: 04/11/18 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A commercial entrance, including recordation of a sight distance easement, should be permitted and complete within one (1) year approval of this CUP. 4. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 5. Events may accommodate up to and not to exceed 450 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #03-18, Trumpet Vine – Special Event Facility March 23, 2018 LOCATION: The subject property is generally located south of the Town of Stephens City, about 2 miles south of Route 11, on Vaucluse Road (Route 638). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 85-A-6C PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Agricultural South: RA (Rural Areas) Use: Residential/Agricultural East: RA (Rural Areas) Use: Vacant/Agricultural West: RA (Rural Areas) Use: Residential/Agricultural PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event center for weddings and other similar type events in the RA (Rural Areas) Zoning District to accommodate up to 450 persons. REVIEW EVALUATIONS: Virginia Department of Transportation: We have reviewed the above subject application received February 16, 2018 for impacts to the transportation system. Our comments are as follows: The existing Private Entrance on Vaucluse Road (Route 638) does not provide adequate sight distance to be used as a safe access for the Special Events. It appears that safe sight distance could be obtained at the existing entrance location if existing trees and vegetation are removed along the road frontage to the right and left of the entrance. The tree/vegetation removal to the left of the entrance would require permission from the adjacent property owner. A sight distance easement should be secured in order to maintain the necessary safe sight distance across the adjacent property. Other physical improvements would be required to upgrade the Private Entrance to meet minimum Commercial Entrance Standards prior to the site being used for Special Events. A engineered Commercial Entrance site plan would need to be submitted to VDOT for review and approval detailing necessary upgrades. Page 3 CUP #03-18, Trumpet Vine – Special Event Facility March 23, 2018 A VDOT Land Use Permit shall be obtained prior to any work on upgrading the entrance or removing trees/vegetation on VDOT Right-of-Way. The permit is issued by this office and will require an application fee and surety coverage. See comment email dated March 6, 2018. Frederick County Inspections: Building shall comply with The Virginia Uniform Statewide Building Code, and Section 303-A, Assembly Use Group of the Virginia Building Code/2012. Other Code that applies are the International Energy Code, ICC/ANSI A117.1-09 Accessible and Usable Building and Facilities. A Building permit is required to change the use of existing storage building to dressing room. Building shall comply with Virginia Building Code. Building shall be accessible and be located on an accessible route. Accessible Parking provided with adjacent parking at pavilion. Future construction of restrooms requires a building permit and a plumbing permit. Fixture quantities shall comply with T2901 for use and occupant load. Health Department approval for the sanitation system is required. Please note the requirements in Chapter 17 of IBC for special inspection requirements on the type of structure. (Soils, concrete etc.). See comment letter dated March 6, 2018. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for the Conditional Use Permit for a Special Event/Venue to take place every weekend from April to the end of October at Trumpet Vine Farm, LLC, located at 266 Vaucluse Road, Stephens City, VA 22655; Tax Map #85-A-6C. This Health Department has no objections to the issuance of the Conditional Use Permit. However, the Applicant states that the facility will be equipped with a permanent bathroom facility. In order for this Health Department to issue a Permit for a permanent On-site Sewage Disposal System, Applicant must submit an application to install such a system to this office, along with appropriate fees. A s this is a commercial proposal, Applicant must engage a private OSE (On-site Soil Evaluator) and/or a PE (professional engineer) to design the system that is required to accommodate the maximum number of guest estimated to attend the venue, along with an approved water source. Please address questions about any part of this correspondence to the Health Department (540) 722- 3480 for additional information. See comment letter dated February 22, 2018. Page 4 CUP #03-18, Trumpet Vine – Special Event Facility March 23, 2018 Frederick County Fire Marshall: Approve See comment letter dated February 16, 218. Planning and Zoning: This application for a Conditional Use Permit (CUP) to permit the establishment of a special event facility for private events such as weddings or other similar type events. A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines “special event facility” as a facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. The Applicant, Trumpet Vine Farm, has been operating a special event facility for weddings and other events since 2012 under the County’s annual Festival Permit process. The Applicant currently has an approved Festival Permit (approved by the Board of Supervisors on March 14, 2018), which will be superseded by this CUP application. The proposed use will take place on an existing 68-acre property, which includes a single-family detached residence, open outdoor pavilion with retractable sides, and a storage building. The subject property also includes a gravel parking area to accommodate guests/visitors. The special event center will be access via a private driveway from Vaucluse Road (Route 638). In the short term the Applicant intends to utilize the existing outdoor pavilion and allow the use of temporary tents (inspected by the Fire Marshall’s office). Portable restroom facilities will also be provided for special events. In the future, the Applicant plans may also construct permanent restroom facilities and a larger enclosed space for indoor events. The property is surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as “rural” and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors added “special event facilities” to the conditional use list for the County’s Rural Areas Zoning District in May 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the surrounding properties. Page 5 CUP #03-18, Trumpet Vine – Special Event Facility March 23, 2018 STAFF CONCLUSIONS FOR THE 04/04/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. A commercial entrance, including recordation of a sight distance easement, should be permitted and complete within one (1) year approval of this CUP. 4. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 5. Events may accommodate up to and not to exceed 450 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 0111 85 A 6C 172KLINESMILL RD 245VAUCLUSE RD 6519VALLEYPIKE 6283VALLEYPIKE6486VALLEYPIKE 515VAUCLUSESPRING 6470VALLEYPIKE 6380VALLEYPIKE 6460VALLEY PIKE 205VAUCLUSE RD 301VAUCLUSE RD 281VAUCLUSE RD 263VAUCLUSE RD 6310VALLEYPIKE 320CONESTOGA LN 320CONESTOGA LN 6246VALLEYPIKE 388VAUCLUSE RD 151CONESTOGA LN 530VAUCLUSE RD 134STROSNIDER LN 700VAUCLUSE RD 365FAMILY DR 696VAUCLUSE RD 698VAUCLUSE RD 365CARSON LN VA U C L U S E SPR I N G L N ST R O S N I D E R L N CONE S T O G A L N VALLE Y PIKE VAUCLUS E R D Applications Parcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 9, 2018Staff: tklein Stephens City VALL E Y P I K E VAUCL U S E R D KLINES MI L L R D RID I N G S M I L L R D §¨¦81 0111 CUP # 03 - 18Trumpet Vine FarmPIN:85 - A - 6CSpecial Event FacilityZoning Map 0 780 1,560390 Feet CUP # 03 - 18Trumpet Vine FarmPIN:85 - A - 6CSpecial Event FacilityZoning Map CUP #03-18 0111 85 A 6C 172KLINESMILL RD 245VAUCLUSE RD 6519VALLEYPIKE 6283VALLEYPIKE6486VALLEYPIKE 515VAUCLUSESPRING 6470VALLEYPIKE 6380VALLEYPIKE 6460VALLEY PIKE 205VAUCLUSE RD 301VAUCLUSE RD 281VAUCLUSE RD 263VAUCLUSE RD 6310VALLEYPIKE 320CONESTOGA LN 320CONESTOGA LN 6246VALLEYPIKE 388VAUCLUSE RD 151CONESTOGA LN 530VAUCLUSE RD 134STROSNIDER LN 700VAUCLUSE RD 365FAMILY DR 696VAUCLUSE RD 698VAUCLUSE RD 365CARSON LN VA U C L U S E SPR I N G L N ST R O S N I D E R L N CONE S T O G A L N VALLE Y PIKE VAUCLUS E R D Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 9, 2018Staff: tklein Stephens City VALL E Y P I K E VAUCL U S E R D KLINES MI L L R D RID I N G S M I L L R D §¨¦81 0111 CUP # 03 - 18Trumpet Vine FarmPIN:85 - A - 6CSpecial Event FacilityLocation Map 0 780 1,560390 Feet CUP # 03 - 18Trumpet Vine FarmPIN:85 - A - 6CSpecial Event FacilityLocation Map CUP #03-18 D MASTER DEVELOPMENT PLAN #02-18 Regents Crest Staff Report for the Planning Commission Prepared: March 23, 2018 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 04/04/18 Pending Board of Supervisors: 05/09/18 Pending PROPOSAL: The Applicant seeks to develop 8.88-acres of property zoned RP (Residential Performance) District and 1.02-acres zoned B2 (General Business) District 9.9-acres total into 95 townhome units and four (4) single-family small lot (attached) units. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 53-7-1 through 66A LOCATION: The properties are located generally south of Route 522 in Sunnyside south of Trafalgar Square (Sage Circle). PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) & B2 (General Business) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) Use: Residential B2 (General Business) Use: Commercial South: RP (Residential Performance) Use: Open Space East: RP (Residential Performance) Use: Residential B2 (General Business) Use: Vacant West: RP (Residential Performance) Use: Residential/Open Space STAFF CONCLUSIONS FOR THE 04/04/18 PLANNING COMMISSION MEETING: The Master Development Plan for Regents Crest appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. MDP #02-18, Regents Crest Subdivision March 23, 2018 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have a measurable impact on Route 522, the initial VDOT facility that would provide access to the property. The application as presented appears acceptable. Please provide this office one digital copy of the approved MDP signed by Frederick County. See comment letter dated January 31, 2018. Frederick County Fire Marshal: Plans approved. See comment letter dated February 6, 2018. Frederick County Public Works: A question has been raised about storm easements for the storm sewer network and pond within the development. At the time of subdivision plan submission, show all recorded easements on the plan including outfall easements to ensure that the future HOA can maintain all proposed facilities. A comprehensive review of stormwater drainage calculations shall also be performed. The current is under an existing VSMP permit. If there is an increase in impervious surface, and review of compliance with regulations will be required. See comment letter dated January 31, 2018. Frederick County Inspections: Comments shall be made at site plan submittal. See comment letter dated January 22, 2018. Frederick Water: Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water’s public water and sanitary sewer system and the demands thereon. The project’s water and sewer infrastructure has already been designed and constructed to serve 66 residential dwellings. The revised MDP increases the total dwelling count to 103 units. The existing infrastructure should be adequate to accommodate the water and sewer demands from the project. Please note that each residential unit will be required to purchase connections to the water and sewer system and maintain individual meters and account with Frederick Water. Additionally, the introduction of 37 additional units will warrant wet taps into the existing water infrastructure. See comment letter dated February 22, 2018. Frederick County Public Schools: Frederick County Public Schools has reviewed the Regents Crest master development plan application submitted to us on February 27, 2018. We offer the following comment: The cumulative impact of this development and other development in Frederick County will require construction of new schools and support facilities to accommodate increased student enrollment. This development proposal includes 99 single-family attached units. We estimate that this development will MDP #02-18, Regents Crest Subdivision March 23, 2018 Page 3 house 26 students: 7 high school students, 7 middle school students, and 12 elementary school students. In order to properly serve these additional students, Frederick County Public Schools would spend an estimated $325,000 more per year in operating costs (or $3,283 average per unit per year) and an estimated $1,204,000 in one-time capital expenditures (or $12,162 average per unit). You will find, attached to this letter, a more detailed assessment of the estimated impact o f Regents Crest on FCPS, including attendance zone information. It is noted that all streets in Regents Crest except Trafalgar Square will be private lanes. As our buses don’t travel down private lanes, students who live on private streets will need to walk to a bus stop located on a public street at a location designated by our Transportation Department. See comment letter dated March 12, 2018. Frederick County Parks and Recreation: Plan appears to meet Parks and Recreation requirements. See comment letter dated March 5, 2018. Planning & Zoning: A) Master Development Plan Requirement A Master Development Plan is required prior to development of this property. Before a MDP can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the MDP conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the MDP is to promote orderly and planned development of the property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History These properties were not part of a rezoning or other legislative application. The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the subject parcel as B2 (Business General) District and R3 (Residential Limited) District. No zoning changes have been made to the portion of the property zoned B2 District. The portion of the property zoned R3 District was changed to RP (Residential Performance) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. C) Site Suitability & Project Scope Comprehensive Plan: The 2035 Comprehensive Policy Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this Plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. Land Use Compatibility: These properties are not part of any land-use plan. The proposed development is in the Sunnyside neighborhood of Frederick County. A mixture of residential and commercial uses MDP #02-18, Regents Crest Subdivision March 23, 2018 Page 4 exists near the subject parcels. Westminster Canterbury is located to the rear of the subject parcels and single-family detached residential dwellings exist along the northwest property line, along the east property line, and across North Frederick Pike (Route 522 North). Commercial properties also exist across North Frederick Pike (Route 522 North). Site Access and Transportation: Access, as shown on the MDP, will be provided to the site via Trafalgar Square from Route 522 North (Northwestern Pike). Internal streets (Sage Circle, Reign Way, Lance Way) will provide circulation throughout the development. Sidewalks will also be provided on either side of internal streets for pedestrian connectivity within the development. The Applicant will also provide a 5’ trail along the perimeter of the property for recreation. STAFF CONCLUSIONS FOR THE 04/04/18 PLANNING COMMISSION MEETING: The Master Development Plan for Regents Crest appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. All of the issues brought forth by the Planning Commission should be appropriately addressed by the Applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. 53 A 63A 53 A 63 53 A 60 53 A 60 53 7 66A 53 7 66A 53 A 61 53 7 62 53 7 63 53 7 6453 7 6553 7 66 53 7 60 53 7 61 53 7 59 53 7 39 53 7 40 53 7 41 53 7 42 53 7 58 53 7 57 53 7 37 53 7 3653 7 38 53 7 3353 7 3453 7 35 53 A 61A 53 7 56 53 7 29 53 7 3053 7 31 53 7 32 53 A 54 53 7 55 53 7 54 53 7 24 53 7 26 53 7 2753 7 28 53 7 53 53 7 22 53 7 23 53 7 18 53 7 1953 7 20 53 7 21 53 A 59 53 7 52 53 7 51 53 7 15 53 7 1653 7 17 53 7 49 53 7 50 53 7 9 53 7 12 53 7 10 53 7 11 53 7 1353 7 14 53 A 5753 7 47 53 7 48 53 7 8 53 7 3 53 7 553 7 6 53 7 7 53 A 56 53 7 46 53 7 45 53 7 1 53 7 2 53 A 5853A 2 A 7 53 7 43 53 7 44 53 A 55 53A 2 B 4 53A 2 A 6 53A 2 C 8 53A 2 B 5 53A 2B 3A 53A 2 A 5 53A A 7 53A 2 C 7 53A 2 B 3 53A 2 C 16 53A 2B 5A 53A 2B 2A 53A 2 A 4 53A A 853A 2 C 15 53A 2 C 6 53A 2 B 6 53A 2 B 2 53A 2 A 3 53A A 1153A 2C 14 53A 2 C 5 53A 2 B 6A 53A 2B 1A 53A 2 A 2 53AA 13 53AA 94 53A 2 C 13 53A 2 C 4 53A 2 B 7 53A 2 A 1 53A A 12 53AA 91 53A A 92 53AA 93 53A 2 C 12 53A 2 C 3 53A 2 B 1 53A 2 A A 53AA 8653A A 87 53A A 88 53A 2 C 11 53A 2 C 2 53A 2 B C 53A 2 A B 53A A 6453AA 65 53A A 95 53A 2 C 10 53A 2 C 1 53A 2 B D 53A A 62 53A A 63 53AA 90 53A A 89 53A A 97 53A A 96 53A 2 C C 53A 2 C B53A 2 C A 53A A 18 53AA 61 53A A 66 53A A 85 53A A 98 N FRE D E R I C K P I K E PUR C E L L L N OAK S I D E L N ELDE R B E R R Y D R RED W O O D L N AUT U M N V I E W L N Applications Sewer and Water Service Area Parcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 13, 2018Staff: tklein Winchester N FRED E R I C K P I K E LAU C K D R PUR C E L L L N FORT R E S S D R HIC K O R Y L N OAK S I D E L N T U D O R D R SCAR L E T M A P L E D R AUT U M N V I E W L N COTTAGE DR RED W O O D L N 01522 MDP # 02 - 18Regents CrestPINs:53 - 7 - 1 thru 53 - 7 - 66, 53 - 7 - 66AZoning Map 0 260 520130 Feet MDP # 02 - 18Regents CrestPINs:53 - 7 - 1 thru 53 - 7 - 66, 53 - 7 - 66AZoning Map 01522 MDP #02-18 53 A 63A 53 A 63 53 A 60 53 A 60 53 7 66A 53 7 66A 53 A 61 53 7 62 53 7 63 53 7 6453 7 6553 7 66 53 7 60 53 7 61 53 7 59 53 7 39 53 7 40 53 7 41 53 7 42 53 7 58 53 7 57 53 7 37 53 7 3653 7 38 53 7 3353 7 3453 7 35 53 A 61A 53 7 56 53 7 29 53 7 3053 7 31 53 7 32 53 A 54 53 7 55 53 7 54 53 7 24 53 7 26 53 7 2753 7 28 53 7 53 53 7 22 53 7 23 53 7 18 53 7 1953 7 20 53 7 21 53 A 59 53 7 52 53 7 51 53 7 15 53 7 1653 7 17 53 7 49 53 7 50 53 7 9 53 7 12 53 7 10 53 7 11 53 7 1353 7 14 53 A 5753 7 47 53 7 48 53 7 8 53 7 3 53 7 553 7 6 53 7 7 53 A 56 53 7 46 53 7 45 53 7 1 53 7 2 53 A 5853A 2 A 7 53 7 43 53 7 44 53 A 55 53A 2 B 4 53A 2 A 6 53A 2 C 8 53A 2 B 5 53A 2B 3A 53A 2 A 5 53A A 7 53A 2 C 7 53A 2 B 3 53A 2 C 16 53A 2B 5A 53A 2B 2A 53A 2 A 4 53A A 853A 2 C 15 53A 2 C 6 53A 2 B 6 53A 2 B 2 53A 2 A 3 53A A 1153A 2C 14 53A 2 C 5 53A 2 B 6A 53A 2B 1A 53A 2 A 2 53AA 13 53AA 94 53A 2 C 13 53A 2 C 4 53A 2 B 7 53A 2 A 1 53A A 12 53AA 91 53A A 92 53AA 93 53A 2 C 12 53A 2 C 3 53A 2 B 1 53A 2 A A 53AA 8653A A 87 53A A 88 53A 2 C 11 53A 2 C 2 53A 2 B C 53A 2 A B 53A A 6453AA 65 53A A 95 53A 2 C 10 53A 2 C 1 53A 2 B D 53A A 62 53A A 63 53AA 90 53A A 89 53A A 97 53A A 96 53A 2 C C 53A 2 C B53A 2 C A 53A A 18 53AA 61 53A A 66 53A A 85 53A A 98 N FRE D E R I C K P I K E PUR C E L L L N OAK S I D E L N ELDE R B E R R Y D R RED W O O D L N AUT U M N V I E W L N Applications Sewer and Water Service Area Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: March 13, 2018Staff: tklein Winchester N FRED E R I C K P I K E LAU C K D R PUR C E L L L N FORT R E S S D R HIC K O R Y L N OAK S I D E L N T U D O R D R SCAR L E T M A P L E D R AUT U M N V I E W L N COTTAGE DR RED W O O D L N 01522 MDP # 02 - 18Regents CrestPINs:53 - 7 - 1 thru 53 - 7 - 66, 53 - 7 - 66ALocation Map 0 260 520130 Feet MDP # 02 - 18Regents CrestPINs:53 - 7 - 1 thru 53 - 7 - 66, 53 - 7 - 66ALocation Map 01522 MDP #02-18 E COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment – Shipping Containers DATE: March 23, 2018 This is a proposed amendment to Chapter 165 – Zoning Ordinance to restrict the use of shipping containers (i.e. pre-fabricated, durable, steel shipping containers, also know as intermodal containers, cargo containers, freight containers, or ISO containers) as access ory structures in certain districts. Shipping containers are typically 8-feet (FT) wide, 8-FT tall and 20-40-FT long. The current zoning ordinance does not specifically address shipping containers, only where tractor trailers may be parked or stored. Staff has drafted a revision to the Zoning Ordinance to prohibit the use of shipping containers as accessory structures in residential (RP, R4, & R5) subdivisions and on rural lots of less than 6- acres. The proposed amendment further restricts shipping containers as storage in business and industrial district only where contained within a screened outdoor storage yards and specifies they may not be stacked. The intent of this modification is to further clarify what may be used for an “accessory structure,” and address an area of concern as identified by the County’s zoning staff. Six (6) acres lots was determined as the minimum lot size in the RA District where shipping containers could be an accessory structure. The Development Review and Regulations Committee (DRRC) did not want shipping containers allowed as accessory structures on rural subdivision lots which require a minimum of 5-acres. This item was discussed by the DRRC at their February 26th regular meeting. Staff had proposed restricting the use of shipping containers in all districts, expect where they are used for temporary storage as part of construction activities (to be removed at time of final occupancy). The DRRC proposed changes to staff’s original draft and instructed staff to bring forward to the Planning Commission for discussion a revised text amendment which provide restrictions under certain circumstances (outlined above). The attached document shows the proposed ordinance as directed by the DRRC (with bold italic for text added). This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachment: 1. Revised ordinance with additions shown in bold underlined italics. MTK/pd ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 201 – Supplementary Use Regulations §165-201.05. Secondary or accessory uses. G. Shipping containers (i.e. pre-fabricated, durable, steel shipping containers, also known as intermodal containers, cargo containers, freight containers, or ISO containers): 1. Are prohibited as permanent storage or as an accessory use in the RA Rural Areas District on properties of six (6) acres or less, in the RP Residential Performance, R4 Residential Planned Community or R5 Residential Recreational Community Districts. 2. May be allowed only as permanent storage in the RA Rural Areas District only on properties of six (6) acres or more and shall meet the minimum setback for accessory uses and structures and may not be stacked. 3. May be allowed only as permanent storage in all Business and Industrial Zoning Districts only where contained entirely within a screened outdoor storage yards as set forth in §165-201.10 and may not be stacked. F COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment –Storage Facilities, self-service, in RA District DATE: March 26, 2018 This is a proposed amendment to Chapter 165 – Zoning Ordinance to allow storage facilities, self- service, in the RA (Rural Areas) Zoning District as a conditional use (requiring an approved Conditional Use Permit – CUP). Currently, storage facilities, self-service, are only allowed in the B2 (General Business), B3 (Industrial Transition), and M1 (Light Industrial) Zoning Districts. This text amendment was previously presented to Planning Commission and Board of Supervisors for information/discussion and subsequently came forward for public hearings in late-2015. Staff has brought forward the previous revision as drafted in 2015. This proposed amendment includes additional requirements for self-storage storage facilities in the RA District. These supplemental use regulations include: a requirement for these facilities to be located within a designated and defined Rural Community Center, conformance with B2 (General Business) District standards for setbacks, buffering and screening, and a requirement for self-storage facilities to have direct access to a paved state roadway. At the February 26, 2018 Development Review and Regulations Committee (DRRC) meeting, staff was instructed to bring this item as it was proposed in 2015 back for further consideration. This item was denied by the Board of Supervisors at a public hearing in November 2015. The attached document shows the proposed ordinance that was presented in 2015 (with bold italic for text added). This item is presented for discussion. The Planning Commission may: • Provide comments and suggestions on the draft text to be forwarded to the Board of Supervisors for further discussion; or • Instruct staff to take the item back to the DRRC for additional revisions. Attachment: 1. Revised ordinance with additions shown in bold underlined italics. MTK/pd ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 – RA Rural Areas District § 165-401.03 Conditional uses. The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use: TT. Self-Service Storage Facilities Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.18 Storage facilities, self-service. Where allowed, self-service storage facilities shall meet the following requirements: A. Self-service storage facility operations shall be permitted as a primary or accessory use in all zoning districts in which they are permitted. B. All parking areas, travel aisles and maneuvering areas associated with the self-service storage facility operations shall be paved with asphalt, concrete or similar material to provide a durable hard surface. C. Buildings are permitted that provide interior and exterior accessible units. Individual units within the self-service storage building shall not exceed 1,000 square feet in area. D. Minimum building spacing shall be 30 feet apart. Loading areas shall be delineated to ensure that adequate travel aisles are maintained between buildings. E. Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of the self-service storage facility, provided that the storage area is separate from the parking areas and travel aisles and is depicted on the approved site development plan. Areas utilized for this purpose shall be exempt from the surface requirements specified under § 165-204.18B. F. Self-service storage facilities shall meet the following landscaping or screening requirements: (1) Facilities located in the B-2 Business General District shall be completely screened around the perimeter of the property by a double row of evergreen trees that are staggered and planted a maximum of eight feet off center and are a minimum of six feet in height when planted. (2) Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall be required to landscape the yard area within the front yard setback to provide for a double row of evergreen trees that are staggered and planted a maximum of eight feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six feet in height at the time of planting. (3) Facilities located on parcels that are within a master planned industrial park or office park shall be required to landscape the perimeter of the facility with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six feet in height at the time of planting. (4) The required planting of all trees described under this Subsection F shall occur in an area that is between the adjoining property boundary line and the placement of security fencing. The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required landscaped areas in all zoning districts. G. Self-service storage facility operations shall be designed to accommodate the storage of residential, commercial and industrial items, excluding hazardous, toxic and explosive materials. No use, sale, repair or activity other than storage shall be permitted to occur in self-service storage facility operations. A copy of the lease agreement which describes the requirements of this subsection shall be approved in conjunction with the site development plan for the self-service storage facility operation. H. In addition to the above, self-service storage facilities in the RA (Rural Areas) District shall adhere to the following requirements: (1) Properties must be located within a designated and defined Rural Community Center as identified in the Comprehensive Plan. (2) All development shall conform to all B2 (General Business) District standards. (3) All developments shall have direct access onto a paved state road.