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PC 02-07-18 Meeting MinutesMEETING MINUTES ,ITS -Y -" 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 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; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, 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: H. Paige Manuel, Shawnee District STAFF PRESENT: Michael T. Ruddy, Director; Mark A. Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the February 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. F- IZef9 M9to) �H_ ►� 11-10 Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes from the November 15, 2017 meeting. Frederick County Planning Commission Page 3509 Minutes of February 7, 2018 COMMITTEE REPORTS Transportation Committee — Mtg. 01/22/18 Commissioner Oates reported there was a change to the Committee's Charter to allow three (3) Board of Supervisors and three (3) citizens to serve on the committee. He continued, the next item was a discussion of various projects that need to be evaluated; of those, the committee will recommend four (4) projects to the Board of Supervisors for application to the SmartScale program for funding. He noted the program only allows four (4) projects now, and likely one or none will receive funding. Commissioner Oates concluded the committee was given project updates on the Tevis Street extension, Renaissance Drive, Coverstone Drive, and the Jubal Early Drive extension to Route 37. City of Winchester — 02/06/18 Commissioner Wolfe, Winchester City Planning Commission Liaison, reported the Commission held a work session and discussed: A CUP for two (2) extended stay rentals; a site plan was approved; modification to the zoning ordinance for the allowance of short term rentals. Other Chairman Kenney announced Commissioner Oates will be serving on the Transportation Committee and Commissioner Dawson will now serve as the liaison to the City of Winchester. 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 3510 Minutes of February 7, 2018 PUBLIC HEARING Conditional Use Permit #01-18 for Bryan M. Henry, submitted for establishment of a landscaping contracting business in the RA (Rural Areas) Zoning District. The property is located at 639 Reliance Road, Middletown, Virginia and is identified with Property Identification Number 91-A- 77 in the Opequon Magisterial District. Action — Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator reported this application is for the establishment of a landscaping contracting business; the current land use is Residential, and it is zoned RA (Rural Areas). He presented a location map of the property. Mr. Cheran continued, the proposed CUP is for the making and selling of mulch on site to the public. He explained, a landscape contracting business is an allowed use within the RA zoning district with an approved CUP. Mr. Cheran noted this proposed use will take place on a 73 +/- acre tract of land located in the RA zoning district. Mr. Cheran reported this proposed business will use a tub grinder at times. He continued, based on the description of the use provided by the Applicant, the hours of operation for the business will be Monday — Saturday from 7:00 a.m. to 7:00 p.m. Mr. Cheran explained two (2) storage bays will be used to store the mulch, there will be no more than four (4) employees on site with Winchester -Frederick County Health Department approval, and the site will not have more than four (4) business vehicles on the premises. Mr. Cheran continued, the business office for this proposed use will be within an accessory structure with customer and employee parking. He reported there will be one (1) monument sign to be 5' in height and no more than 50 square feet at the site entrance facing Route 627 (Reliance Road). Mr. Cheran noted, the ultimate configuration of the site, including customer/employee parking, storage bays, and business sign will be determined at the time of submission of an illustrative sketch plan. Mr. Cheran shared a brief sketch provided by the Applicant. Mr. Cheran reviewed the conditions for this CUP as recommended by Staff- 1. taff 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. One, non -illuminated, free standing monument business sign is allowed with this CUP that is no more than five (5) feet in height and no more than fifty (50) square feet in area. 4. Hours of operation shall be Monday — Saturday, 7:00 a.m. to 7:00 p.m. 5. The site shall have no more than four (4) employees with Winchester - Frederick County Health Department approval. 6. Any expansion or change of use shall require a new CUP. Commissioner Thomas requested clarification on the hours of operation. Mr. Cheran stated they are to be Monday — Saturday, 7:00 a.m. to 7:00 p.m. Mr. Bryan Henry, the Applicant came forward and presented a brief overview of his business plan. He explained he has been clearing the land for farm use; starting the mulch grinding and landscape business is to help offset the costs associated with farming of the land. Frederick County Planning Commission Page 3511 Minutes of February 7, 2018 Commissioner Molden asked the Applicant if contractors would be bringing items to the site for grinding. Mr. Henry explained that is correct; eventually he wants to have contractors and the general public be able to bring things to grind or he will go to a site and pick the items up and bring back for grinding. Commissioner Molden noted there is a through truck traffic ordinance on Reliance Road. Mr. Henry responded that is correct and VDOT has given their permission for this application. Commissioner Oates inquired what time of day will the tub grinder be in operation. Mr. Henry explained the grinder will not be running all day; the 7:00 a.m. to 7:00 p.m. timeframe is to allow the public to bring items early in the morning or after they get off work in the evening. Commissioner Oates asked the Applicant if he would be willing to run the tub grinder during the hours of 9:00 a.m. to 5:00 p.m. Mr. Henry stated he would agree to that timeframe. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. John Pike, property owner of 511 Reliance Road came forward and shared his concerns of. machinery will be very noisy; air pollution from the equipment; ground runoff with potential watershed contamination and mulch piles being unsightly and a fire hazard. Ms. Nadeem Helfer of 439 Reliance Road came forward to share her concerns. She asked how large the mulch piles will be at this site. Ms. Helfer mentioned her concerns of the odor this will create, the large piles being an eye sore, and the possible fire hazard. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Mr. Bryan Henry the Applicant came forward to address the concerns and comments. He commented, the mulch piles will not be visible from the road and will be surrounded on four (4) sides by woods. Regarding the noise, Mr. Henry noted it will not be any louder than the equipment being operated today. Commissioner Oates inquired if there will be multiple piles of mulch on the property. Mr. Henry explained there will be a few piles and the plan is to grind and get rid of quickly. Commissioner Dawson asked if there is a way to muffle the sound of the tub grinder. Mr. Henry elaborated the noise of the tub grinder will not be any louder than the equipment being used now to clear the land. Commissioner Marston inquired who monitors the 50 trips per day and what is the possibility of having a commercial entrance. Mr. Henry explained, the commercial entrance is going to be put in place prior to operation. Commissioner Unger asked if the tub grinder is being used now. Mr. Henry noted the grinder is not in use. He explained he has been working to clear this land for years and decided to make use of the mulch to help offset the costs of farming. Mr. Cheran reported the illustrative sketch plan that the Applicant will provide goes through the review agencies. He noted the through truck traffic will not be affected by this business. Frederick County Planning Commission Page 3512 Minutes of February 7, 2018 Commissioner Oates commented he would like two (2) additional conditions to be added to this CUP: the tub grinder to operate 9:00 a.m. – 5:00 p.m.; and the commercial entrance be constructed now. Commissioner Mohn agreed with adding the two (2) additional comments and he would like the timeframe tightened a bit for the grinding process. Commissioner Dawson requested no grinding take place on Saturdays. Upon motion made by Commissioner Thomas and seconded by Commissioner Oates with the addition of tub grinder to operate Monday – Friday 9:00 a.m. to 5:00 p.m. only; and a commercial entrance be completed prior to operation. BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #01-18 for Bryan M. Henry, submitted for establishment of a landscaping contracting business in the RA (Rural Areas) Zoning District. The property is located at 639 Reliance Road, Middletown, Virginia and is identified with Property Identification Number 91-A-77 in the Opequon Magisterial District. The vote was as follows: YES: Kenney, Unger, Marston, Ambrogi, Cline, Oates, Thomas, Wilmot, Triplett, Dawson, Mohn NO: Molden (Note: Commissioner Manuel was absent from the meeting) 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, Devin W. Kenney, hairmll— Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3513 Minutes of February 7, 2018