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PC 04-03-19 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 3, 2019. 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; Lawrence R. Ambrogi, Shawnee District; J. Rhodes Marston, Back Creek District; Charles E. Triplett, Gainesboro District; Alan L. Morrison, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Erin L. Swisshelm, Assistant County Attorney. ABSENT: H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District. STAFF PRESENT: Michael T. Ruddy, Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the April 3, 2019 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 3619 Minutes of April 3, 2019 COMMITTEE REPORTS Transportation Committee — Mtg. 03/25/19 Commissioner Oates reported, the Committee discussed the Route 11 Access Break from Route 37 at Kernstown. He continued, a few years ago the Board of Supervisors passed a resolution supporting the access break; as the Applicant has moved forward, the parameters of VDOT have become too expensive therefore a request was made by the Applicant to pick out certain things they should have to do and go back to VDOT and try to get them to relieve them of some of the responsibilities. The Committee decided to not get in the middle of this and if they want the access break they need to follow VDOT rules. Commissioner Oates reported, there was a discussion regarding there being a traffic signal at the intersection of Old Charlestown Rd. and Route 11; the Comprehensive Plan, VDOT, and Planning Staff would prefer a round -a -bout in that area instead of a traffic signal however, the proffered conditions from the Snowden Bridge rezoning only allows money for the traffic signal. He noted, VDOT and the County are going to study that section and the goal is to have the traffic signal up or the round -a -bout constructed prior to the new school opening. Next Commissioner Oates reported a discussion was held regarding the Northern Y at Russell 150; six months ago, the Applicant requested approval of 30% study of which the Applicant paid for, the estimate came back after the 30% at $6 million and the Committee decided unless the Applicant was willing to put forth a lot more money then that project will cease. He concluded, there was an update pertaining to SmartScale given at the meeting. Frederick Water — Mtg. 03/19/19 Commissioner Oates reported, Frederick Water adopted new water and wastewater rates for the Town of Stephens City. It was decided to charge the Town of Stephens City the same per month rate as any other customer for water and the wastewater rate which was calculated based on the current contract held and sent forward to Stephens City. Commissioner Oates continued, the Town of Stephens City flows have exceeded the Town's 250,000 gpd (gallons per day) allocations. The Town has been notified that its wastewater flows have exceeded the Town's agreed to allocation for 3 consecutive months and now per agreement, the Town must suspend the issuance of connections to its system until capacity is increased or until it is advised by Frederick Water that additional wastewater may be delivered. Next, Commissioner Oates reported a discussion was held regarding the Lake Frederick Elevated Water Tank; the contract was awarded to Phoenix Fabricators and Erectors for $1.75 million. He concluded, the construction of the Route 37 water main loop contract was awarded to Garvey Construction for $3.9 million. This is a 20 -inch water main going from Round Hill to the water tank at the end of Route 37/ I-81 interchange, which will connect the northern and southern water service areas. He noted, both of these projects are 9 months and should be completed before the end of the year. Board of Supervisors — Mtg. 03/13/19 Michael T. Ruddy, Director, reported the Board of Supervisors approved the 2019-2024 Comprehensive Plan; REZ #03-18 Carpers Valley Industrial Park was denied; and CPPA #02-18 Brucetown Road Area Amendment was postponed. Frederick County Planning Commission Page 3620 Minutes of April 3, 2019 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. Mr. Richard Medley of Double Church Road came forward and shared his concerns regarding the townhouses being built near his home and he stated he was not notified of this until after construction began. No one else came forward to speak and Chairman Kenney closed the public comments portion of the meeting. PUBLIC HEARING Conditional Use Permit #01-19 for Patrick and Alicia Smith, submitted for a bed & breakfast and campground in the RA (Rural Areas) Zoning District. The property is located at 591 Valley View Trail, Winchester, Virginia and is identified with Property Identification Number 48-4-33 in the Back Creek Magisterial District. Action — Postponed 45 days M. Tyler Klein, Senior Planner, reported this property is located at 591 Valley View Trail (Great North Mountain Wilderness Area) in the Back Creek Magisterial District and the property is accessed from Back Mountain Road through Shawneeland via a 50 -foot wide gated private driveway. Currently the land is zoned RA (Rural Areas), the land use is Vacant/Undeveloped, and the proposed use is for a Bed & Breakfast and Campground. Mr. Klein presented a locations map of the property and a photo of the Valley View Trail. He continued, Frederick County Zoning Ordinance defines a Bed & Breakfast as: an owner or operator occupied single family detached dwelling which contains no more than one kitchen and 10 or fewer guest rooms which are occupied for sleeping purposes by guests, other than temporary personal guests of a family, in a dwelling unit for compensation, with or without meals. It defines a Campground as: a lot or parcel upon which two (2) or more campsites are located, established, or maintained for occupancy by the general public as temporary living quarters for recreation, education or vacation purposes. Mr. Klein shared Frederick County Zoning Ordinance § 165-204.03 Campgrounds and tourist camps — regulating: minimum size, density, setbacks, permanent residences, buffers and screens and compliance with Virginia Department of Health (VDH) campground requirements. He explained this CUP application proposes: o Owner -occupied residence with bed & breakfast with up to 5 guest bedrooms o Up to 30 primitive tent only campsites o Up to 10 partially enclosed bunkhouses o Supporting campground infrastructure which may include bathhouses and/or a kitchen Mr. Klein noted, the property may be developed in phases and the use of the property may be by Tuscarora Trail hikers and other recreationalists. He presented a map of the Tuscarora Trail and shared an illustrative sketch plan provided by the Applicant. Mr. Klein reported, the proposed conditional uses are consistent with the 2035 Comprehensive Plan and the property is identified to remain rural/agricultural in nature. He noted, the Tuscarora Trail is a recreation feature identified in the 2035 Comprehensive Plan; the trail is an important feature in the County for recreation and tourism, and the County supports a growing number of activities as well as outstanding recreational opportunities such as Frederick County Planning Commission Page 3621 Minutes of April 3, 2019 the Tuscarora Hiking Trail. Mr. Klein concluded, should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All ri-. agency cnmmentc shall be rnmrnlierl With at all times. 2. Development of the property may include: a. A maximum of five (5) bed & breakfast guestrooms b. A maximum of thirty (30) tent only campsites, with any required supporting infrastructure including bathhouses c. A maximum of ten (10) partially enclosed bunkhouses d. Supporting infrastructure such as a separate commercial kitchen to serve campground guests 3. An engineered site plan, in accordance with the requirements of Article VIII of the Frederick County Zoning Ordinance, shall be submitted to and subject to approval by Frederick County prior to the establishment of both the bed & breakfast and campground uses 4. Building permits are required for all buildings and structures 5. 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 6. Any expansion or modification of this use will require the approval of a new CUP Commissioner Oates inquired will the number of tent spaces require a bath house. Mr. Klein noted a camping pen -nit may be required depending on the number of tent spaces. Commissioner Marston asked could the Applicant build a residence and not call it a Bed & Breakfast and not need a CUP. Mr. Klein stated that is correct. Commissioner Marston inquired could the Applicant have a campsite and not need the CUP. Mr. Klein explained if there is more than one campsite then a CUP is needed. Commissioner Marston asked who owns the roads in Shawneeland. Mr. Klein commented, the roads are owned by Frederick County and are maintained by the Shawneeland Sanitary District and the residents are charged a maintenance fee to service the roads. Commissioner Ambrogi asked will there be charges to those who use the facility. Mr. Klein directed this question to the Applicant. Commissioner Thomas inquired what defines a campsite. Chairman Kenney clarified regarding this Application it is defined as 1 tent = 1 campsite. Commissioner Thomas inquired if 10 tents are pitched on a fann it is a zoning violation. Mr. Ruddy stated we are not out to enforce this upon farms, this is regarding the Application before us tonight. The Applicants, Patrick and Alicia Smith came forward and gave a presentation on their intended use for the property; they provided aerial mapping of the property and surrounding area. Mr. Smith shared a letter from Mr. John Darr, of the HOA in support of this project. Commissioner Oates inquired if the campsites would be used by hikers and what type of parking will be available. Mr. Smith commented, his vision is for it to be a private project with reservations for friends and family; he wants to put a shelter at the overlook on the trail that is open to hikers on a first come first serve basis. He noted, there will not be a need for a parking area. Commissioner Marston asked if there will be advertising to the public and will this project be non-profit. Frederick County Planning Commission Page 3622 Minutes of April 3, 2019 Mr. Smith explained, there will not be advertising to the public and it will be non-profit. He continued, there will not be any fees but there may be donations accepted. Commissioner Marston asked if hunting takes place on the property and is the land posted. Mr. Smith stated the property lines are clearly marked and he will insure the land is properly posted. Commissioner Thomas asked if Tuscarora Trail hikers have come through and spent the night. Mr. Smith stated there have not been any spend the night to his knowledge and there is not much through traffic of hikers. Commissioner Dawson commented, this sounds like a business with a sign and such. Mr. Smith stated the HOA prohibits a sign being placed. Chairman Kenney inquired is access to Valley View Trail via a gate. Mr. Smith noted that is correct, access is through a gate right now, and their plan is to purchase the land to the north; they have a contract with the owner with first right of refusal and depending on the outcome of this process, the plan is to build a driveway. Commissioner Mohn inquired is this a CUP because they want to host groups and other people. Mr. Klein stated this operation is unique and the Applicant is trying to adhere to the zoning ordinance and do things the right way. Commissioner Oates commented this is a fine line between a CUP and a by right use. Commissioners Thomas and Triplett stated they do not see the need for a CUP in this situation. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Eric Stillman commented, the Tuscarora Trail is isolated, he supports this Application and noted it is a great idea for the community. Mr. Chris Barron strongly opposes this application siting traffic and road impacts. He feels this would be a detriment to the area. Mr. Jordan Castille read four items from the zoning ordinance and commented this would eventually be a violation of the ordinance. Ms. Rhonda Sargent shared her concerns with fire hazards and the difficulty in fighting fires in this area; the health department requirements being met; if this is not commercial then why are they in contact with the Tourism Bureau; and she feels it is not appropriate for this area and land. She requested this item be postponed so more information can be gathered. Mr. Seth Castille strongly opposes this, he noted there are 12 lots on Valley View Trail and 9 lot owners oppose this. Ms. Joan Castille cited fire hazards and adjoining owner's opposition. She commented the roads and area in general are not ideal for this type of business. Mr. Justin Kerns of the Winchester -Frederick Convention and Visitors Bureau spoke in support of this Application and stated their role is very limited. Ms. Lynn Schmitt, SSDAC Chairman feels this will have a negative impact on the community in various ways and requested this be denied. Ms. Natalie Miller opposes this application and stated this has the potential to encompass over 200 acres and impacts will be felt in the community. Frederick County Planning Commission Page 3623 Minutes of April 3, 2019 Ms. Lisa Krosedale a neighbor to the Smith Family noted the Smiths have made themselves accessible and are nice people trying to do the right things by submitting this application. She supports this use. Mr. Rick Staubs spoke noting the PATC has over 7,600 members and the roads are a concern, he strongly opposes the application. Ms. Lisa Floyd owns and bed & breakfast in Star Tannery, she spoke in support of this application. She noted traffic impacts will be minimal and this is more of a lifestyle not a business. Ms. Lisa Stillman supports this and noted the Smiths are environmentalists and their vision is good Mr. Barry VanMeter commented very little notice has been given about this CUP; Verizon was rejected for a CUP because of inadequate roads; the future of Shawneeland and fees for roads needs to be addressed. He recommends postponement. Commissioner Oates cited permitted uses in the R5; he supports a postponement. Commissioner Thomas supports this project and noted the traffic model does not apply to campgrounds and he does not feel the traffic model provided by those in opposition is legitimate. Commissioner Mohn stated more clarity needs to be provided and this should be aligned better. He would agree to a postponement, so something can be worked out. Chairman Kenney noted, a CUP stays with the property not the owner, so possibly a condition can be added that this CUP ends with the current owner. No one else carne forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Marston and seconded by Commissioner Oates BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend postponement of 45 days for Conditional Use Permit #01-19 for Patrick and Alicia Smith, submitted for a bed & breakfast and campground in the RA (Rural Areas) Zoning District. The property is located at 591 Valley View Trail, Winchester, Virginia and is identified with Property Identification Number 48-4-33 in the Back Creek Magisterial District. 11V 0[13 111174 /_r Y [1]00 11 0911=11XII Site Plan (Subdivision) #23-18 for Liberty Chase submitted by Greenway Engineering, Inc., on behalf of Freetown, LLC. This application seeks to develop 1.97+/- acres of land zoned RP (Residential Performance) District for 17 single-family attached (townhouse) units. The subject properties are located at Double Church Road (Route 641) generally north of Fairfax Pike (Route 277) in the Opequon Magisterial District and are identified by Property Identification Numbers 75- A-58 and 75-A-59. M. Tyler Klein, Senior Planner, reported this is a proposal to develop 1.97+/- acres of land zoned RP (Residential Performance) to 17 single-family attached townhouses. He continued, the Applicant received a waiver of the Master Development Plan (MDP) requirements in July 2017 and has Frederick County Planning Commission Page 3624 Minutes of April 3, 2019 chosen to process a site plan in lieu of the MDP. Mr. Klein explained, access to the site will be provided from Double Church Rd. via a private street — Stella Court; sidewalks will be included on either side of the internal street for pedestrian connectivity within the development and a 5' wide sidewalk will be provided along the property frontage on Double Church Rd.; the right-of-way for the future condition of Double Church Rd. as a four -lane divided roadway is also dedicated; recreational amenities (to be determined at the time of construction) may be provided in the form of an outdoor pavilion, playground, tot lot, or equivalent; and residential separation buffers are also provided to screen the development from adjacent properties and roadways. Mr. Klein concluded, the site plan for Liberty Chase is generally consistent with the requirements of the County's Zoning & Subdivision Ordinances and is in a form that is administratively approvable. Commissioner Thomas inquired is there any protection between the townhouses and Mr. Medley's property on the Master Development Plan (MDP). Mr. Klein noted, yes, the Applicant is providing a category A buffer which includes a 25' separation distance buffer, a portion will be a planted buffer which will include trees and shrubs; the Applicant is also providing a 6' tall board on board fence along that property line. Commissioner Thomas asked who will be responsible for the maintenance of the buffer fence. Mr. Klein stated, once the HOA is established, it will be their responsibility for fence maintenance. He noted, there are buffers on 3 sides of the property. Commissioner Thomas asked will the County make sure the drainage is adequate on the site. Mr. Klein commented, part of the review of the site plan is the approval of a Stormwater Management Plan by Public Works which the Applicant has received approval. 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 8:55 p.m. Respectfully submitted, Kevin W. Kenney, Chairman Michael T. Ruddy, Secretary l Frederick County Planning Commission Page 3625 Minutes of April 3, 2019