Loading...
PC 05-02-18 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 May 2, 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; Candice E. Perkins, Assistant Director; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the May 2, 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 Thomas, the Planning Commission unanimously adopted the agenda for this evening's meeting. Frederick County Planning Commission Page 3537 Minutes of May 2, 2018 COMMITTEE REPORTS Comprehensive Plans and Programs Committee (CPPQ — Mtg. 04/09/18 Commissioner Mohn reported the committee discussed the Saint Paul on the Hill Comprehensive Plan Amendment and recommended this move forward to the Planning Commission. Transportation Committee — Mtg. 04/23/18 Commissioner Oates reported the committee discussed three items: Jones Road truck restriction, recommended not to consider at this time due to the number of trucks and the detour involved; Grace Church Road, add to the unpaved road list, voted to include; Woodside Road to be added to the unpaved list; a truck restriction in Star Tannery, committee does not feel it is a great benefit at this time. He noted the committee also received an update on other County projects. Frederick Water — Mtg. 04/17/18 Commissioner Unger reported the Frederick Water Board adopted the FY2019-28 Capital Improvement Plan; the adopted 10 -year CIP has 87 projects, with improvements totaling over $80 million. He continued, the Opequon Water Supply Plan initiative continues to be the most significant project; over 85% of the CIP project costs are dedicated to strengthening the quantity, quality, and affordability of the water services of Frederick Water. Commissioner Unger reported the Board directed staff to schedule a public hearing to accept public comment on a proposed base rate increase. Commissioner Unger presented the March 2018 operations report: Customer base is over 15,600 connections; Monthly water use averaged 5.50 MGD; Diehl's north quarry continues to maintain its water level at 651 ft.; Rainfall for March was 1.57 inches, slightly below average; and the quarries are holding their own, and it is anticipated their seasonal recharge will be apparent over the next month. City of Winchester — Mtg. 05/01/18 Commissioner Eaton, Winchester City Planning Commission Liaison, reported the Commission reviewed a site plan for a fence request and approved a zoning ordinance amendment in the M1 to create a conditional use allowance. Board of Supervisors — Mtg. 04/25/18 Board of Supervisors' Liaison, Supervisor Shannon Trout reported, the Board approved CUP #02-18 for Alisha Feltner. She noted REZ #05-17 for Carmeuse was postponed for I month. Frederick County Planning Commission Page 3538 Minutes of May 2, 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. 119 0 J, "a [11TW431 �[!] Conditional Use Permit #04-18 for West Oak Farm Market, LLC., submitted for establishment of a special event facility and restaurant in the RA (Rural Areas) Zoning District. The Property is located at 229 West Oaks Lane, Winchester, Virginia and is identified with Property Identification Number 74-A-3 in the Back Creek Magisterial District. Action — Recommend Approval M. Tyler Klein, Planner, reported this application was submitted for the establishment of a special event facility and a restaurant in the RA (Rural Areas) District. He continued, the 200 -acre property is located on Middle Road, Winchester VA and is identified with Property Identification Number 74-A-3 in the Back Creek Magisterial District. Mr. Klein presented a location and vicinity map of the property. He explained, this property is a working farm and orchards with an under construction by -right 10,500 square foot farmers market building on Middle Road. He noted this CUP Application proposes: 3,456 sf special event center (banquet room); Outdoor picnic shelter for special events; A restaurant (deli - style counter -service) with commercial kitchen; Permanent restroom facilities; designated parking area; and the special events may accommodate up to 275 persons. Mr. Klein reported the proposed conditional use is consistent with the 2035 Comprehensive Plan; which supports opportunities for agritourism and agribusiness. 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 presented the conditions recommended by Staff: 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. Building permits shall be acquired prior to establishment of the deli -style counter service restaurant use. 4. Events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Events may accommodate up to and not to exceed 275 persons. Frederick County Planning Commission Page 3539 Minutes of May 2, 2018 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet and not to exceed 10 feet in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Commissioner Unger asked if there will be one or two entrances. Mr. Klein noted there is currently one and may consider two. Chairman Kenney inquired if the 275 persons stated in the conditions includes farm market patrons as well as the event center. Mr. Klein explained the farm market is exempt from this. Mr. Joe Snapp, the Applicant came forward and addressed questions and concerns. He commented the possible second entrance will be for the farm's use. Commissioner Unger commented that traffic should not be an issue due to the good site distance. 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. Commissioner Marston commented he has toured the facility and it is state of the art; he feels this will be a big plus to agritourism in the County and this is a great facility. 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 #04-18 for Conditional Use Permit #04-18 for West Oak Farm Market, LLC., submitted for establishment of a special event facility and restaurant in the RA (Rural Areas) Zoning District. The Property is located at 229 West Oaks Lane, Winchester, Virginia and is identified with Property Identification Number 74-A-3 in the Back Creek Magisterial District. (Note: Commissioner Manuel was absent from the meeting.) Conditional Use Permit #05-18 for Waveland Farm, LLC., submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The Property is located at 1211 Marlboro Road, Stephens City, Virginia and are identified with Property Identification Numbers 73-14-1-6, 73-A-103, and 73 -A -103A in the Back Creek Magisterial District. Action — Recommend Denial Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. M. Tyler Klein, Planner, reported this application is submitted for the establishment of a special event facility in the RA (Rural Areas) Zoning District. He continued, the 32 -acre property is located at 1211 Marlboro Road, Stephens City and is in the Back Creek Magisterial District. Mr. Klein explained the current land use is Agricultural/Residential and the proposed use is for weddings and other similar type events. Mr. Klein presented a locations map of the property. Frederick County Planning Commission Page 3540 Minutes of May 2, 2018 Mr. Klein reported the property is a 24 -acre working farm with a single-family detached residence and the application proposes: the use of an existing historic barn for special events; a designated outdoor area for temporary tents; the use of portable restroom facilities which are screened from view; a designated gravel parking area for guests; a new commercial entrance from Abigail Way/Nittany South Way. He noted, the special events may accommodate up to 180 persons. He continued, the proposed conditional use is consistent with the 2035 Comprehensive Plan; which supports opportunities for agritourism and agribusiness. 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 shared an illustrative sketch plan provided by the Applicant. In conclusion Mr. Klein presented the conditions 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. The existing private driveway shall be gated off, not open to special event traffic, and may not be used for temporary or overflow parking. All special event related traffic shall access the site via the private ingress/egress easement from Nittany South Way and Abigail Way. 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 180 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 Thomas inquired will the Applicant be serving food or drinks during these events. Mr. Klein explained this application does not include a commercial kitchen or catering kitchen; all food and drinks will be brought from off site by a catering company. Mr. Tim Stowe of Stowe Engineering, PLC, representing the Applicant came forward to address any questions. Commissioner Unger asked where the Applicant will be placing the monument style sign. Mr. Stowe noted they own a right-of-way along their existing entrance and need to make sure it does not affect any site distance. Commissioner Unger commented this may be deceiving since they will actually be using the other entrance. Mr. Stowe noted they are currently trying to decide on the exact location and have not pulled a sign permit yet. Commissioner Thomas asked if Nittany South Way is a private road. Mr. Stowe explained, it is a subdivision road that has been dedicated to the County for ultimate dedication to VDOT; once three homes are connected to it, then VDOT will take over the road. Frederick County Planning Commission Page 3541 Minutes of May 2, 2018 Commissioner Molden asked for clarification; when houses are constructed on Nittany South Way it will become part of the VDOT system. Mr. Stowe noted that is correct. Commissioner Molden inquired is there a reason the Applicant is not using their private entrance for this event center. Mr. Stowe explained, there is a site distance and safety issue in using the private entrance to the farm. Commissioner Molden noted he is concerned that the lots to be built on are subject to traffic issues and thus decreasing the value of those properties. Commissioner Unger asked who owns the road that the Applicant is proposing to use. Mr. Michael T. Ruddy, Director, elaborated the right-of-way is dedicated to Frederick County; ultimately to be accepted into the state system, once accepted a bond is carried to guarantee improvements will be made; the owner of the subdivision carries this bond. Commissioner Marston asked if the road is damaged who fixes it at this time. Mr. Ruddy noted it would be the developer's responsibility at this time. Commissioner Thomas commented, just to clarify the developer is 100% responsible for the maintenance of the road until it is dedicated to the state and he is responsible for controlling the road and the County has 0% responsibility for maintenance on the road. Mr. Ruddy noted that is correct. Commissioner Thomas asked if a condition should be added to hold the event center responsible for the road. Mr. Ruddy explained the Planning Commission can place additional conditions as necessary. Mr. Roderick B. Williams, County Attorney, explained briefly how the process works regarding who is responsible, posting of a bond, and the road becoming part of the VDOT system. He noted an additional bond can be posted in conjunction with the CUP due to the additional risks and that is up to the Planning Commission. Commissioner Molden inquired if the existing lots are owned by the individuals applying for the CUP. Mr. Stowe explained the Applicant as purchased one lot, the second is owned by a private individual, and the third is still owned by the original developer. Commissioner Molden commented he feels the event center will create an ill effect on the value of these lots. Chairman Kenney asked who would establish the value of the bond that can be placed in conjunction with the original bond. Mr. Williams explained ordinarily the subdivision administrator along with the Public Works Department would do the estimate. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Dudley Rinker of 1156 Marlboro Road in the Back Creek Magisterial District came forward. He began, Rinker Properties owns 9 of 11 lots in Apple Banks South subdivision and 3 of the lots connect to Waveland Farm. He continued, he is opposed to this CUP for and event center. Mr. Rinker explained, in October 2017 he granted access to the residents living on Waveland Farm on Abigail Way for the family's safety; trying to be a good neighbor he granted the easement for the safety reasons. He noted, there were 2 conditions: the entrance on Abigail Way had to be built to VDOT specifications, he does not feel the entrance that was put in will meet these specifications; second to physically remove the Waveland Farm entrance onto Marlboro Road, this has not been done. Mr. Rinker referenced a Frederick County Planning Commission Page 3542 Minutes of May 2, 2018 document provided by the designer of Nittany South Way and Abigail Way. He noted, in the end the road and the road bond rest solely on him and he is requesting the Planning Commission deny this CUP. Mrs. Cindy Layman, the Applicant, came forward. She began by providing a brief history of the property. She explained, her idea of an event center had been shared with many neighbors and Mr. Rinker; she agreed that she did approach Mr. Rinker regarding access to Waveland Farm through his cul-de-sac because of their current dangerous entrance. Mrs. Layman continued, during this process they did ask VDOT and a Board of Supervisors member to come out and evaluate what they should and should not do; all comments came back to them to use Nittany South Way. She explained, in their contract with Mr. Rinker she felt the right thing to do was to purchase one of his lots in consideration of the easement. Mrs. Layman noted regarding the permanent removal of their existing entrance, as part of their contract it was stipulated in the easement they would adhere to VDOT requirements for the closure of the existing entrance; VDOT's written requirement back to them indicated that a locked gate or secured gate so that no one could enter, or exit was acceptable. She noted this would be taken care of once the CUP is approved. Mrs. Layman concluded, their goal is to preserve and maintain their farm and to support agritourism. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas commented he is fine with the CUP however he does question who is responsible for maintaining the road; with the Applicant not being responsible for the maintenance of the road he cannot approve of this. Commissioner Marston noted he is concerned for the value of the properties as well as the traffic on the road. Commissioner Unger feels these are two good neighbors but cannot support this at this time given the road circumstances. Upon motion made by Commissioner Unger and seconded by Commissioner Marston BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend denial of Conditional Use Permit #05-18 for Waveland Farm, LLC., submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The Property is located at 1211 Marlboro Road, Stephens City, Virginia and are identified with Property Identification Numbers 73-14-1-6, 73-A- 103, and 73 -A -103A in the Back Creek Magisterial District. (Note: Commissioner Manuel was absent from the meeting.) Frederick County Planning Commission Page 3543 Minutes of May 2, 2018 INFORMATION/DISCUSSION CPPA #01-18 St. Paul on the Hill — Land Use Designation Amendment Request. This is a request to change the land use designation for one parcel of land that totals 4.971 acres. The Property is identified by Property Identification Number 54-A-128 and is located at 1527 Senseny Road in the Red Bud Magisterial District. The Property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. The Applicant is requesting to change the current Institutional designation to Urban Center. Candice E. Perkins, Assistant Director, reported this is an amendment request to the Senseny/Eastern Frederick Urban Area Plan of the 2035 comprehensive Plan. She continued, the property contains 4.971 acres and is addressed as 1527 Senseny Road; the property is currently zoned RP (Residential Performance) and is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Ms. Perkins reported the Institutional land use is reflective of the existing church located on the property; the site is surrounded by Institutional, Residential, and the Greenwood Urban Center. She noted this proposal is seeking to amend the Comprehensive Plan from Institutional to Urban Center. Ms. Perkins presented a locations map of the property. Ms. Perkins reported the subject property is currently zoned RP (Residential Performance) District. She continued the current by -right density for this property if developed with townhouses or garden apartments would be 10 units per acre. Ms. Perkins noted, expanding the Urban Center designation to this property would increase the by -right residential density: from 10 units per acre to 20 units per acre for multifamily; and the density increase would not require a rezoning that would address impacts. Mr. Evan Wyatt of Greenway Engineering and representing the Applicant came forward and presented a brief overview of the proposal. Commissioner Mohn commented from the CPPC perspective the Applicant has an innovative approach. The Planning Commission recommended CPPA 401-18 move forward to the Board of Supervisors for Information and Discussion. (Note: Commissioner Manuel was absent from the meeting.) Cancelation of the regular meeting Chairman Kenney announced there were no pending items for the Planning Commission's May 16, 2018 meeting. It was unanimously agreed to cancel the May 16, 2018 meeting. Frederick County Planning Commission Page 3544 Minutes of May 2, 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 7:55 p.m. Respectfully submitted, W. Kenney, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3545 Minutes of May 2, 2018