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PC 04-04-18 Meeting MinutesMEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on April 4, 2018 PRESENT: Kevin Kenney, Chairman; 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; June M. Wilmot, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Charles E. Triplett, Gainesboro District. STAFF PRESENT: Candice E. Perkins, Assistant Director; Mark A. Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the April 4, 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 Marston, the Planning Commission unanimously adopted the minutes from the February 21, 2018 and March 7, 2018 meetings. Frederick County Planning Commission Page 3528 Minutes of April 4, 2018 COMMITTEE REPORTS Transportation Committee — Mt2. 03/26/18 Commissioner Oates reported the committee discussed three items: the Ruebuck Lane Petition that was approved; the MPO work program; and an update to County Projects. Frederick Water — Mt2. 03/22/18 Commissioner Unger reported the Board adopted the following: An Annual Sewer Meter Calibration Fee as well as a Plan Review Fee; the annual wastewater subsidy calculation for the Lake Frederick Development; New water and wastewater rates for services provided to the Town of Stephens City. He continued, Frederick Water will hold a public hearing on April 17, 2018 to receive comments on the proposed FY2019-28 Capital Improvement Plan. Commissioner Unger reported the customer base is now over 15,600 connections and the monthly water use averaged 5.42 MGD. He concluded, the Diehl's north quarry continues to maintain its quarry water level at 650.3 feet; the Anderson's quarry level has gained 3 feet and is now at the water level of 586.2 feet; rainfall was 2.82 inches, slightly below average; the quarries are holding their own, and it is anticipated their seasonal recharge will be apparent over the next month. Historic Resources Advisory Board — Mtg. 03/20/18 Commissioner Cline reported the Board approved and sent forward a Conditional Use Permit for West Oaks Special Event Center and a Rezoning application for Stonewall IV. Conservation Easement Authority — Mt2. 03/22/18 Chairman Kenney reported the Authority held its organizational activities to include: Election of Chairman, Vice Chairman, Treasurer, and Secretary; Adoption of Bylaws; and Selection of Meeting Dates and Times. He noted the members will be meeting with land owners one on one to discuss options. City of Winchester — Mtn. 04/03/18 Commissioner Loring, Winchester City Planning Commission Liaison, reported the Commission discussed 3 Conditional Use Permits, 1 Rezoning of 27 townhomes, and 1 text amendment update. Board of Supervisors — Mt2. 3/28/18 Board of Supervisors' Liaison, Supervisor Shannon Trout reported the Board discussed the budget and did not pursue any Planning Commission items. Frederick County Planning Commission Page 3529 Minutes of April 4, 2018 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 Conditional Use Permit #02-18 for Alisha Feltner 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. Action — Recommend Approval Mark A. Cheran, Zoning and Subdivision Administrator, reported 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. He continued, the property is currently zoned RA (Rural Areas) District and the current land use is residential. Mr. Cheran noted the surrounding properties are also zoned RA and the uses are residential. He provided a location map of the property. Mr. Cheran continued, the Zoning Ordinance allows a nail salon as a cottage occupation in the RA (Rural Areas) District with an approved Conditional Use Permit. He explained, this proposed use will take place within one room of the basement of the Applicant's single-family dwelling. Mr. Cheran noted, the Applicant is proposing one pedicure chair, one nail counter, a waiting area, and a retail counter as depicted on the sketch provided by the Applicant. Mr. Cheran presented the conditions as recommended by Staff: 1. All review agency comments 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. Commissioner Oates commented, a letter was received from the HOA stating there are no businesses allowed in the homes; he reminded everyone this is a private covenant and outside the hands of the County. Mr. Cheran explained the HOA does have private covenants and the Applicant has met the requirements of a Cottage Occupation. Mr. Roderick Williams, County Attorney, clarified the letter from the HOA actually states there are no restrictions in the covenants preventing a home-based business. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Julie Zuckerman residing at 220 Layside Drive came forward with her concerns of the traffic this will generate, the disruption to their peaceful private neighborhood, and she feels this will open the door for other businesses to evolve in the subdivision creating an issue to the security of everyone residing there. Frederick County Planning Commission Page 3530 Minutes of April 4, 2018 Lisa Creamer of 427 Layside Drive read from the covenants which state; All said lots shall be used for residential purposes only. She shared her concerns with traffic and the disruption in privacy. Bettina Eutsler of 181 Sawyer Lane stated this subdivision is for residential purposes only and businesses should not be allowed. She noted the HOA has not voted on this. Laura Clark of 393 Layside Drive shared her concerns with traffic and the privacy of longtime residents being disturbed. William Hudnutt of 357 Layside Drive and the President of the HOA commented the covenants do not restrict this home-based business; this will be an agenda item at the annual meeting and to restrict this, the declaration would have to be changed. He noted the HOA is scheduled to meet on May 12, 2018. David Hershey of 269 Pinnacle Ridge commented his concern is opening the door for future businesses within the development. Laura Sperling of 256 Sawyer Lane echoed the concerns of her neighbors regarding traffic, privacy, and security. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Alisha Feltner, the Applicant came forward and explained; her clients would consist of 8 a week. She noted she has been doing nails for over 16 years and she respects her neighbors. Commissioner Unger asked the Applicant if she has been doing nails out of this location prior to this CUP. Ms. Feltner replied no she has not. Commissioner Unger commented he does not see how 8 people a week would disturb the neighborhood. Commissioner Oates commented, the Planning Commission needs to vote how it will affect the County and surrounding area and not apply the covenants of the HOA since that is a private matter. Commissioner Mohn stated he respects the neighbors and the Planning Commission needs to look at this as being acceptable based on the conditions; 8 people a week is not many. Upon motion made by Commissioner Unger and seconded by Commissioner Marston BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #02-18 for Alisha Feltner 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. (Note: Commissioners Thomas and Triplett were absent from the meeting) Frederick County Planning Commission Page 3531 Minutes of April 4, 2018 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 is identified with Property Identification Number 85- A -6C in the Back Creek Magisterial District. Action — Recommend Approval M. Tyler Klein, Planner, reported this is an application for consideration of a special events facility at 266 Vaucluse Road, Stephens City in the Back Creek Magisterial District and identified with Property Identification Number 85 -A -6C. Mr. Klein continued, the property is currently zoned RA (Rural Areas) District as are the surrounding properties and the current land use is Residential. He noted the proposed use if for a special events facility for weddings and other similar types of events. Mr. Klein presented an aerial photo of the site. He explained the Applicant has been operating a special event facility for weddings and other events since 2012 under the County's annual Festival Permit process. Mr. Klein noted, the application proposes: to use an existing open outdoor pavilion with retractable sides and use of existing storage building; Allow use of temporary tents to accommodate larger gatherings; Use of temporary restroom facilities to be brought in for each event; Use of outside catering, no food will be prepared on site; use of existing gravel parking area; and proposes the special events may accommodate up to 450 persons. Mr. Klein provided and overview of the Applicant's site. Mr. Klein reported the proposed conditional use is consistent with the 2035 Comprehensive Plan; which supports opportunities for agritourism and agribusiness. He continued, the Board of Supervisors approved "special event facilities" as a conditional use in the RA Zoning District in May 2017. He noted the Applicant has addressed all review agency comments, including site access, compliance with the building and fire safety code; and the proposed use is consistent with the County's policies and regulations. Mr. Klein reviewed the conditions as recommended by Staff: 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 Frederick 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 site distance easement, should be permitted and complete within one (1) year of 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. Commissioner Oates asked why changing the need of a site plan to an illustrative sketch plan and noted the comments from the Health Department. Mr. Klein explained the site plan is not required in the B2, therefore the illustrative sketch plan is acceptable. Regarding the Health Department comment of a drain field; Mr. Klein explained, the Applicant intended to continue to use portable restroom facilities, which would be screened from view satisfying the supplemental use regulations outlined in the Zoning Ordinance. Mr. Klein noted in the future if the Applicant wanted to construct permanent restroom facilities, he would need to comply with the Health Department standards. Frederick County Planning Commission Page 3532 Minutes of April 4, 2018 Commissioner Unger inquired why VDOT is requiring the Applicant to put in a paved entrance when this is off a dirt road. Mr. Klein explained the comment from VDOT was to apply for a commercial entrance permit and improve the sight distance in either direction from the driveway. He continued, the Applicant has removed some of the vegetation to improve visibility left and right and had already reached out to VDOT Staff about what would need to be done for his entrance, and/or if there was another standard that could be applied given his driveway was gravel as is Vaucluse Road. Mr. DeMarchi Spears, the Applicant spoke reaffirming his request for the special event facility and that he intended to comply with the VDOT requirement for a commercial entrance to whatever standard would satisfy their comments within the one (1) year time frame stipulated in the Conditions of Approval. 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 unanimously recommend approval of 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 is identified with Property Identification Number 85 -A -6C in the Back Creek Magisterial District. (Note: Commissioners Thomas and Triplett were absent from the meeting) INFORMATION/DISCUSSION 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 the Stonewall Magisterial District, and are identified by Property Identification Numbers 53-7-1 through 53-7-66 and 53-7-66A. M. Tyler Klein, Planner, reported this is a proposal to develop 8.88 acres of property zoned RP (Residential Performance) District and 1.02 acres zoned B2 (General Business) District into 95 townhome units and four (4) single-family small lot (attached) unites. He continued the subject properties were not part of a rezoning or other legislative application. He noted a prior MDP was approved in 2004. Mr. Klein presented a location map of the property. Mr. Klein explained the Applicant proposes: 95 townhomes and 4 single-family small lot units; Access to the site from Trafalgar Square; A network of internal streets (Sage Circle, Reign Way, Lance Way) for circulation throughout the development; Sidewalks will be provided on either side of internal streets for pedestrian connectivity within the development; A 5' trail along the perimeter of the property for recreation. Frederick County Planning Commission Page 3533 Minutes of April 4, 2018 Mr. Klein concluded 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. Commissioner Oates noted, what was approved before was a large buffer between this area and the neighbors to the East; now townhomes could be placed right up against that line. Mr. Klein explained, in the fall of 2017 the zoning district buffer standards between townhomes and single-family homes was changed which reduced the buffer to approximately half. Commissioner Unger inquired where the pull off will be for a school bus. Mr. John Lewis of Painter -Lewis PLC commented, the streets are private therefore the bus will turn around at the cul-de-sac. Commissioner Oates requested clarification on the buffer to the east and what is being done regarding storm water management. Mr. Lewis explained the storm water management has been in place since 2006; regarding the buffers, it is a full screen buffer, 15' inactive and 10' active, and there will be an opaque element and planting. Commissioner Oates asked if the opaque element will be a fence or a berm. Mr. Lewis stated there will not be an opaque element along the east because there is a 30' drop and a fence would not help; the remainder will be a fence. 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. Action — Recommend Approval M. Tyler Klein, Planner, reported 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 known as intermodal containers, cargo containers, freight containers, or ISO containers) as accessory storage in certain districts. He continued, the current zoning ordinance does not specifically address shipping containers, only where tractor trailers may be parked or stored. Mr. Klein noted shipping containers as accessory storage have been identified as a concern. He reported a revision has been drafted to the Zoning Ordinance to: Restrict the use of shipping containers as accessory storage in the RP, R4, R5, and on lots of less than 6 acres in the RA Districts; Allow shipping containers as storage on RA lots greater than 6 acres where containers meet the 15' side/rear setbacks for accessory structures; Restrict use of shipping containers as storage in business and industrial districts only where they are contained completely within a screened outdoor storage yard and the containers may not be stacked. Mr. Klein explained, it was originally proposed to restrict the use of shipping containers as accessory storage in all zoning districts except where used as storage during construction activities where they would be removed prior to occupancy. He noted the DRRC discussed this amendment at their February 26, 2018 meeting and recommended further revisions to the text to only restrict the use of shipping containers as storage under certain conditions and in certain districts. Commissioner Oates commented, to clarify, if someone puts a shipping container on a lot less than 6 acres in the RA District, it would be allowed if it's put inside a building where it would not be visible or exposed. Mr. Klein noted that is correct if contained within a building. Frederick County Planning Commission Page 3534 Minutes of April 4, 2018 Commissioner Unger commented, he has spoke with several individuals who are curious where the 6 -acre amount comes from; he stated he would not mind if it were raised to 10 acres. Upon motion made by Commissioner Oates and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Shipping Containers — 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. (Note: Commissioners Thomas and Triplett were absent from the meeting) 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). M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 — Zoning Ordinance to allow storage facilities, self-service, in the RA (Rural Areas) District as a conditional use. He continued, under the current Zoning Ordinance, storage facilities, self-service, are only allowed in the B2 (General Business), B3 (Industrial Transition), M1 (Light Industrial), and M2 (Industrial General) Zoning Districts. Mr. Klein noted, this text amendment was previously considered by the Planning Commission in 2015; the Board of Supervisors denied this text amendment following a public hearing in November 2015; at the February 26, 2018 DRRC meeting, staff was directed by a committee member to bring this item back for reconsideration as it was drafted in 2015. He continued, the proposed 2015 text amendment included additional supplemental use requirements for self -storage facilities in the RA District including: Properties must be located within a designated and defined Rural Community Center as identified in the 2035 Comprehensive Plan; All development shall conform to all B2 (General Business) District standards; and All developments shall have direct access onto a paved State road. Upton motion made by Commissioner Oates and seconded by Commissioner Marston BE IT RESOLVED, the Frederick County Planning Commissioner does hereby recommend 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) be sent back to the DRRC for additional discussion and revisions. (Note: Commissioners Thomas and Triplett were absent from the meeting) Frederick County Planning Commission Page 3535 Minutes of April 4, 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 Cline and unanimously passed. The meeting adjourned at 7:50 p.m. Respectfully submitted, Kevin W. Kenney, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3536 Minutes of April 4, 2018