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PC 09-19-18 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 September 19, 2018 PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/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; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Robert S. Molden, Opequon District, STAFF PRESENT: Candice E. Perkins, Assistant Director; Mark A. Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the September 19, 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. MINUTES Upon motion made by Commissioner Triplett and seconded by Commissioner Oates, the Planning Commission unanimously adopted the minutes from the July 18, 2018 meeting. Frederick County Planning Commission Page 3581 Minutes of September 19, 2018 COMMITTEE REPORTS Frederick Water — Mtg. 09/18/18 Commissioner Unger reported the DEQ (Virginia Department of Environmental Quality) and VMRC (Virginia Marine Resources Commission) have both issued their approvals enabling the Opequon Water Supply Plan's Opequon Creek Water withdrawal, which enables Frederick Water to withdraw water from the creek. He noted, the Opequon Water Supply Plan continues to advance through design process, with 60% design drawings to be submitted by the engineer to Frederick Water by August 31 and water source testing has been successful; an indication that the proposed water treatment design will be effective at treating the water sources and mirroring the system's existing water quality and taste. Commissioner Unger continued, Frederick Water is nearly complete with designing the new ballfields to be constructed at the Frederick Water park on Stephenson Road; construction should begin this fall with the fields being ready for play during the Spring 2020 season. Commissioner Unger presented the July operations report: customer base is over 15,800 connections; monthly water production averaged 6.56 mgd, a typical summer demand; in Stephens City, Diehl's North and South Quarries continue to enjoy the seasonal recharge and benefits from Frederick Water's efficient water source management; the quarries are nearly full and in excellent shape. City of Winchester — Mtg. 09/18/18 Commissioner Wolfe, Winchester City Planning Commission Liaison, reported the Commission discussed and moved forward three Conditional Use Permits. Board of Supervisors — Mt2. 09/12/18 Board of Supervisors' Liaison, Supervisor Trout reported the Board approved the following: REZ 405-17 for O.N. Minerals; REZ #02-18 St. Paul's on the Hill; CPPA #01-18 St. Paul's on the Hill; CUP #08-18 for Trailer Drop LLC; Pump and Haul for 165 Caldwell Lane. She noted CUP #13-96 for Hogue Creek Country Market for Winchester 101 LLC was not revoked. Ms. Trout concluded CPPA #02-18 for the Carter Tract Proposal was moved forward and the CPPA #03-18 for Waverly Farm was not moved forward. 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 3582 Minutes of September 19, 2018 PUBLIC HEARING Conditional Use Permit #09-18 for Carrie Myers and Matthew Gambino, submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 233 Burnt Factory Road, Stephenson, Virginia and is identified with Property Identification Number 55-A-152 in the Stonewall Magisterial District. Action — Recommend Approval M. Tyler Klein, Senior Planner, reported this is a request for a Conditional Use Permit at 233 Burnt Factory Road; the property is currently zoned RA (Rural Areas) District and the current land use is residential. He continued, the proposed use is for a Special Event Facility for weddings and other similar type events. Mr. Klein presented a locations map of the property. He explained this property is 45 acres with a single-family residence, detached garage, tennis court, and a gate/private entrance. Mr. Klein reported the Applicant is seeking: Use of temporary tents for special events; portable restroom facilities; outside catering and no alcohol sales (alcohol may be brought by those renting the facility); a designated gravel parking area. He noted, this Special Event Facility may accommodate up to 200 persons. Mr. Klein shared a sketch identifying the location of the Special Event Facility on the property. 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 presented the conditions as recommended by Staff- 1. taff 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. An engineered commercial entrance site plan shall be submitted to and subject to approval by BDOT, prior to the establishment of the use. 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 200 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. The Applicants, Ms. Carrie Myers and Mr. Matthew Gambino came forward and explained: they will not be putting an entrance on Pine Road; they intend to use the existing private drive which will expand to meet the commercial requirements. Frederick County Planning Commission Page 3583 Minutes of September 19, 2018 Commissioner Thomas inquired if the Applicants understand and agree with the conditions brought forth. Ms. Myers responded yes, they do understand and agree with the conditions. Chairman Kenney asked if they will be living at the residence on the property. Ms. Myers stated they currently live there and intend to do so. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Paul McGuire of 295 Pine Road came forward with questions: will the signage for the Special Event Facility be placed on Burnt Factory Road; will the people renting the facility have access to the pond on the property. He noted, he is concerned with alcohol consumption and traffic on the road. Ms. Susan Adamkiewicz of 319 Pine Road shared her concerns: the facility is not appropriate for this neighborhood; noise will be an issue; traffic safety; feels this is a commercial use. She suggested the following changes if this CUP were to be approved: events end at 10:00 p.m.; the entrance be cleared and not on Pine Road; the music level kept at a reasonable level. Ms. Dawn Baker of 425 Pine Road shred her concerns of the noised music will create; the traffic and the roads not being accommodating, the alcohol consumption and driving afterwards. She concluded, this is not a good location for this type of facility. Ms. Heather Miller of 417 Pine Road voiced her concerns on the alcohol consumption, the noise this will generate, the roads are too narrow for a lot of traffic, and the effects on the water table. Mr. Michael Balling of 111 Burnt Factory Road commented the character of the area will be disrupted. He stated a special district was established some time ago that included this property for preservation. Mr. Balling concluded he does not support a commercial establishment coming into this district on a narrow road. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Mr. Klein commented regarding the sign concerns; the monument style sign would be located at the entrance to the property at their private gated entrance from Burnt Factory Road. He continued, VDOT would require a commercial site plan for review and approval that will ensure there is adequate site distance in both directions. Commissioner Oates commented regarding the special district in question which is the Red Bud Agricultural District; he does not believe it extends as far as Pine Road. Mr. Klein noted he will check and confirm this. Ms. Myers responded to a number of comments and concerns. She noted the Special Event Facility guests will not have access to the pond on the property. Commissioner Oates asked if the Applicants would consider having the music stop at 9:00 p.m. and/or what hours they would be comfortable with. Ms. Myers stated the hours can certainly be adjusted; initially they were thinking the music could stop at 10:00 p.m. and then allow for property clearing 10:30 — 11:00 p.m. would be reasonable. Frederick County Planning Commission Page 3584 Minutes of September 19, 2018 Commissioner Unger stated he does not feel it is fair to assume everyone leaving the venue will be drinking. He does think the noise will result in complaints and feels 10:00 p.m. would be fine to end the music. Ms. Myers noted their intention is not to ruin the neighborhood, and they will certainly consider the noise concerns. She explained regarding the sign concerns; they are not intending to put up a sign but if they do it will be hung on their existing gate entrance. Ms. Myers continued, they have no plans of accessing Pine Road; there is a good number of trees and brush between their property and Pine Road which will serve as a good noise barrier and provides privacy. She addressed the commercial entrance concerns, noting VDOT is requiring the existing entrance be widened and angled back by 8 feet and brush and tree clearing for site distance. She stated in regard to alcohol consumption, she does not foresee this being an issue and if it does become one it will be addressed at that time. Commissioner Oates asked if the Applicants would consider placing a sign on the property for guests to exit to the right heading toward Route 7 and not toward Pine Road. Ms. Myers responded they can do that. She noted, the intent is strictly for weddings and having one event per weekend. Commissioner Oates asked if she would be willing to offer this as a condition. Ms. Myers stated they could possibly do this. Mr. Klein commented regarding the question of the property being part of the Red Bud Agricultural District; the property for the facility is part of the district; the adjoining properties and the properties on Pine Road are not. Chairman Kenney requested clarification from Commissioner Oates if he is seeking to add conditions of right turn only and amended hours. Commissioner Oates confirmed yes; a right turn only and limit the hours to 10:00 p.m. for music and limit the entrance to Burnt Factory Road only (the existing entrance). Commissioner Oates asked the Applicants if they would be comfortable with operating only 1 night a week. Ms. Myers stated her preference would be that one night a week not be a condition; she would be more comfortable with 1 to 2 nights per week. Commissioner Thomas inquired is they are planning to do week night events or just weekends. Ms. Myers confirmed just weekends. Commissioner Thomas noted he would like the condition to read events only on weekends rather than restrict the number of events; he suggested events could be held on Friday — Sunday. Ms. Myers concluded that would be ideal and agreed to this. Mr. Klein reiterated the revised conditions: #3 An engineered commercial entrance site plan shall be submitted to and subject to approval by VDOT, prior to the establishment of the use. Entrance to the subject property for events shall be limited to the existing private drive from Burnt Factory Road. #4 Events shall start no earlier than 10 a.m., all music should end by 10 p.m. and all events and related activities shall conclude by I 1 p.m. Events shall be limited to weekends only (i.e. Friday through Sunday). Upon motion made by Commissioner Oates and seconded by Commissioner Thomas with revised conditions BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit 409-18 for Carrie Myers and Matthew Gambino, submitted for establishment Frederick County Planning Commission Page 3585 Minutes of September 19, 2018 of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 233 Burnt Factory Road Stephenson, Virginia and is identified with Property Identification Number 55-A-152 in the Stonewall Magisterial District. Yes: Dawson, Unger, Marston, Ambrogi, Manuel, Cline, Oates, Thomas No: Kenney, Mohn, Triplett (Note: Commissioner Molden was absent from the meeting.) Conditional Use Permit #10-18 for Diana C. Kilmer, for a dog -kennel. The property is located at 161 Sorrel Lane, Winchester, Virginia and is identified with Property Identification Number 77-1-4 in the Shawnee Magisterial District. Action — Recommend Denial Mark A. Cheran, Zoning and Subdivision Administrator, reported this application was submitted for the establishment of a dog kennel in the RA (Rural Areas) Zoning District; the property is zoned RA (Rural Areas) and the current land use is residential. Mr. Cheran presented a locations map of the property. He continued, kennels are a permitted use in the RA Zoning District with an approve Conditional Use Permit. Mr. Cheran noted, the Zoning Ordinance defines a Kennel as a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation. Mr. Cheran explained, the proposed use will take place on a 5 -acre parcel; the properties immediately adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest residential dwelling being approximately 119 feet to the west from this proposed kennel; the adjacent property is owned by the Applicant. He continued, the property to the north is 514 feet from this proposed kennel and is surrounded by natural woodlands. Mr. Cheran concluded the Applicant is proposing to construct a 25' x 55' enclosed kennel with a fenced area to house 18 dogs; this structure could be expanded, or a new structure added to allow for the boarding of up to 36 dogs. He presented the conditions as recommended by Staff: 1. All review agency comments shall be complied with at all times. 2. This CUP is solely to enable the boarding of dogs. 3. No more than 36 dogs shall be permitted on the property at any given time. 4. No employees shall be permitted with this CUP. 5. All dogs shall be controlled so as not to create a nuisance to any adjoining properties by roaming free or barking. 6. All dogs must be confined indoors by 9 p.m. 7. Hours of operation for the public shall be 8 a.m. — 9 p.m. 8. Any expansion or modification of this use will require the approval of a new CUP. Frederick County Planning Commission Page 3586 Minutes of September 19, 2018 Commissioner Manuel inquired if there had been any discussion about the early hours of letting the dogs out. Mr. Cheran noted there had not been any discussion. Commissioner Marston asked how long dogs can be boarded at this facility. Ms. Diana Kilmer, the Applicant came forward to offer her requests and address questions and concerns: she would like to have to dogs confined indoors at 10:00 p.m. rather than 9:00 p.m.; would prefer to let the dogs out at 6:00 a.m. Ms. Kilmer noted, her intent is to be a good neighbor and she will work to keep the baking at a minimum. She stated, she is interested in the concerns of all her neighbors. Commissioner Thomas inquired if there will be any type of sound insulation on the building and what type of construction it will be. Ms. Kilmer explained she has not met with any contractors yet however; her intent is for a cinder block building with insulation and climate controlled. Commissioner Thomas asked what type of barrier or fencing will be between the dogs inside the kennel. Ms. Kilmer responded, there will be a fight guard between the dogs and the site distance between dogs will be very limited. Commissioner Unger inquired if the Applicant will be boarding a specific breed of dog. Ms. Kilmer stated she will not be boarding a specific breed and intends to meet the needs of those who are looking for a place for their dog. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Roger Dick of 294 Sorrel Lane commented he has lived at this location since 1978 and has enjoyed the quiet neighborhood. He continued, the people of the neighborhood continually maintain the roads in this development and is fearful of the additional traffic impacts this will have. He stated his other concerns: negative impacts on property values; noise from barking dogs; additional traffic. He concluded this is a residential subdivision and is not a place for a dog kennel therefore recommends this CUP not be granted. Mr. Ronnie Nichols came forward and shared his concerns of the noise this kennel will generate and the increase in traffic. He noted from his property he would be able to view the kennel as there are not trees. Mr. Donald Dick voiced his concerns and noted a kennel is not appropriate for a subdivision. Ms. Brenda Mesich has concerns regarding the waste disposal and the environmental impacts, and the noise from barking dogs. Ms. Margi Galderisi shared her concerns and comments: the noise impacts; runoff from waste; traffic on the road which the homeowners work hard to maintain. She concluded, she would like to see the subdivision remain private. Mr. Chris Barltrop of Izaak Walton League is concerned with the runoff that will make its way to their lake. Ms. Amy VanMeter of Airport Road is concerned with the noise impacts. She continued, the times the dogs will be let out and the frequency should be addressed. Ms. VanMeter noted, this is a rural area, and this will affect the property values. Frederick County Planning Commission Page 3587 Minutes of September 19, 2018 Ms. Kathleen Rivera voiced her concerns with the number of dogs the kennel could house (36), the early and late hours of operation, the noise of barking dogs, and the impacts on nearby property values. Ms. Judy Timble feels the kennel is not appropriate in a subdivision. She shared her concerns with the waste disposal and increased traffic on their road. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Unger commented he cannot support this CUP with 36 dogs possibly being on 5 acres. Commissioner Oates is concerned with bringing in a commercial use on a private road. Commissioner Thomas stated 36 dogs is intensive and the kennel only being 40 feet off the property line could become a problem. He noted, he cannot support this CUP. Ms. Diana Kilmer, the Applicant came forward to address concerns. She began with the waste disposal; the proper disposal is to remove it from the property and she will use environmental cleanser with a power sprayer. She explained, she owns the property that the kennel sits 40 feet off the property line. Regarding traffic, Ms. Kilmer noted she does not foresee an abundance of vehicles coming in to the property. She continued, there will be no public restrooms on site. Ms. Kilmer concluded, her intent is to keep the dogs indoors more than outside and the dogs will be kept on a schedule. Commissioner Mohn noted the intensity of 36 dogs and he asked the Applicant if she would consider a smaller number of dogs. Ms. Kilmer stated she would consider 18 dogs. Commissioner Manuel commented 36 dogs is too many and he feels the hours of operation conflict with the zoning ordinance. He stated he would like to see a design of the building. Ms. Kilmer verified she can provide a design. Commissioner Manuel stated he cannot support 36 dogs. Chairman Kenney noted the Applicant is willing to go with 18 dogs and to have the hours of operation as 8:00 a.m. — 5:00 p.m. He noted the times the dogs will be let out is a different time than the hours of operation and this needs to be addressed Commissioner Thomas stated he is still concerned with 18 dogs and that the CUP conveys with the 5 -acre property. Commissioner Unger agrees with Commissioner Thomas and this CUP would not be fair to the neighbors. Commissioner Mohn stated he would like to see the neighbors and Ms. Kilmer negotiate and he would be supportive of postponement. Upon motions made by Commissioner Manuel and seconded by Commissioner Ambrogi BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend denial of Conditional Use Permit #10-18 for Diana C. Kilmer, for a dog -kennel. The property is located at 161 Sorrel Lane, Winchester, Virginia and is identified with Property Identification Number 29-A-55 in the Gainesboro Magisterial District. (Note: Commissioner Molden was absent from the meeting.) Frederick County Planning Commission Page 3588 Minutes of September 19, 2018 Conditional Use Permit #11-18 for the Broadway Group, LLC, submitted for a country general store. The property is located at 4736 North Frederick Pike (Route 522), Winchester, Virginia and is identified with Property Identification Number 29-A-55 in the Gainesboro Magisterial District. Action — Postponed 90 days Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. M. Tyler Klein, Senior Planner, reported this is a request for a country general store in the RA (Rural Areas) Zoning District, the current land use is residential, and the proposed use is for a 9,100 SF country general store. He presented a locations map of the property and shared; A country general store is defined by the Frederick County Zoning Ordinance as a retail business allowed where specified in the rural zoning districts which sells groceries along with a variety of other retail goods. Mr. Klein explained this CUP application proposes: An approximately 9,100 SF country general store for a national retailer; 37 parking spaces; A new well and a new commercial septic system; and site access improvements as required and approved by VDOT for a commercial entrance from Route 522. He presented a preliminary site plan provided by the Applicant. Mr. Klein continued, this proposed use is generally consistent with the goals and strategies expressed in the 2035 Comprehensive Plan which supports the development of commercial type uses in the Rural Areas where they are clustered within our rural community centers (in this case the site is within the Gainesboro Community Center). He noted, the proposed use is generally complementary in character and scale to the surrounding uses and structures. Mr. Klein presented the conditions recommended by Staff: 1. All review agency comments shall be complied with at all times 2. An engineered site plan, in accordance with the requirements of the Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of the use. The site plan shall address site access, site lighting, screening, landscaping, signage and trash collection. Building permits are also required for all buildings and structures. 3. The following items shall be submitted to and subject to approval by VDOT prior to issuance of site plan approval: a. An intersection analysis of Route 522 (North Frederick Pike) and Route 684 (Gainesboro Road); b. A warrant analysis for signalization or alternative intersection design; c. Any agreement needed to address future intersection needs; d. A completed VDOT commercial Entrance Site Plan Checklist; and e. A site plan addressing any intersection and signalization improvements as determined by the above analysis. 4. Hours of operation for the general public shall be limited to 8 a.m. to 9 p.m., seven days a week. 5. Any expansion or modification of this use will require the approval of a new CUP. Frederick County Planning Commission Page 3589 Minutes of September 19, 2018 Commissioner Thomas commented he likes the idea of the store but not as a CUP; he would like to see this come through as a Rezoning which makes it more permanent. Mr. Klein noted that a Rezoning is certainly an option. Ms. Alyssa Carter of the Broadway Group gave a brief presentation of the store; she presented a preliminary site plan; noted a traffic study is underway with VDOT. Commissioner Marston asked if the Applicant is willing to put in traffic signals. Ms. Carter stated if these are needed they will look into it and possibly share the cost. Commissioner Thomas commented he feels the language of "Country General Store" is being taken advantage of and reminded the Applicant that a CUP can be revoked. Chairman Kenney asked when the photos presented were taken. Ms. Carter noted the photos were taken during school hours. Chairman Kenney noted it is difficult to get someone to share the cost of traffic signals. 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 Oates commented this property should be rezoned to B l . Commissioner Unger stated he likes the idea of the store just not submitted as a CUP. Commissioner Thomas stated this needs to be a rezoning with a proffer of a signal; he cannot support this application as CUP. Commissioner Dawson agreed, traffic signals must be implemented. Commissioner Mohn commented a rezoning would be more appropriated but they do have determination and can be here; without a complete traffic study he cannot move this forward. Commissioner Oates noted he would be more comfortable with proffers of a rezoning than conditions of a CUP. Commissioner Dawson stated the traffic study needs to be complete. Upon motions made by Commissioner Triplett and seconded by Commissioner Thomas BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend postponement for 90 days of Conditional Use Permit #1 1-18 for the Broadway Group, LLC, submitted for a country general store. The Property is located at 4736 North Frederick Pike (Route 522), Winchester, Virginia and is identified with Property Identification Number 29-A-55 in the Gainesboro Magisterial District. (Note: Commissioner Molden was absent from the meeting.) OTHER Chairman Kenney announced June Wilmot will no longer be serving on the Planning Commission. Frederick County Planning Commission Page 3590 Minutes of September 19, 2018 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Manuel to adjourn the meeting. This motion was seconded by Commissioner Ambrogi and unanimously passed. The meeting adjourned at 8:50 p.m. Respectfully submitted, Kevin W. Kenney, Chairman Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3591 Minutes of September 19, 2018