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PC 08-07-19 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 August 7, 2019. PRESENT: Kevin Kenney, Chairman; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District: Greg L. Unger, Back Creek District; 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: Roger L. Thomas, Vice Chairman/Opequon District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Kathy Smith, Secretary. CALL TO ORDER Chairman Kenney called the July 17, 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 Cline, the Planning Commission unanimously adopted the agenda for this evening's meeting with the notation that one item was removed (REZ #01-19). Frederick County Planning Commission Page 3646 Minutes of August 7, 2019 COMMITTEE REPORTS Transportation Committee — Mtg. 7/29/19 Commissioner Oates reported the Committee heard from a resident about changing the entrance of Brucetown Road because of truck traffic from the Carmeuse Company. Also discussed was the truck restriction on Cedar Hill Road; it did not receive a good response from the Committee therefore it was tabled for 90 days to see if the updated GPS can resolve the issue. Commissioner Oates concluded the Transportation Forum location may be in the Board of Supervisors room and no date has been set. Development Review and Regulations Committee — Mtg. 7/25/19 Commissioner Unger reported the Committee discussed their continued evaluation of a proposal to amend the definition and supplemental use regulations for "Public Utilities". This item will return to the Committee for additional consideration at the August meeting. Also, the Committee briefly discussed potential amendments to requirements for Conditional Use Permits (CUP), landscaping, buffering, and regulations for specific uses. Staff is to further evaluate the proposed amendments and bring them back to a future meeting for discussion. City of Winchester — Mtg. 7/16/19 Commissioner Burnett, Winchester City Planning Commission Liaison, reported the Commission approved the following: Rezoning's of 5.08 acres at 2508 Papermill Road from Intensive Industrial M-2 District to Commercial Industrial CM -1 District, 4.81 acres at 230 Hope Drive, 2310 and 2330 Valor Drive from Highway Commercial B-2 District to Highway Commercial B-2 District with Planned Unit Development and 0.95 acres at 410 and 412 Smithfield Avenue from Medium Density Residential MR District to Medium Density Residential MR District with Planned Unit Development Overlay. Board of Supervisors — Mt2. 7/10/19 Board of Supervisors' Liaison, Supervisor Trout reported the approval of an Outdoor Festival Permit request of Robert Bauserman for Fab Jam Board and an Outdoor Festival Permit request for Concern Hotline's 20"' annual fish fry. A Public Hearing regarding a Quitclaim deed for tax parcel number 49A04 -1-K-19 and approval of Conditional Use Permit #03-19 for Arthur Nelson Sisk for a Landscaping Contracting Business was approved 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 public comments portion of the meeting. ------------- Frederick County Planning Commission Page 3647 Minutes of August 7, 2019 PUBLIC HEARING Rezoning #02-19 for CB Ventures, LLC., submitted by Greenway Engineering, Inc. to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. The property is located on the south side of Martinsburg Pike (Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81. The property is identified by Property Identification Number 43 -A -48E in the Stonewall District. Action — Recommend Approval Candice E. Perkins, Assistant Director, reported this is a request to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with proffers. She continued, the property was rezoned from the B3 District to the B2 District in 2016 with the approval of Rezoning #05-16. A location map was presented by Ms. Perkins. She noted, this Rezoning is for Property Identification Number 43 -A -48E only. The Applicant is seeking to amend the proffers that prohibited the construction of metal buildings on the site and the construction of a pump station with SCADA system be removed in addition to the Rezoning from B2 to B3. She concluded, the original proffers still apply to the remainder of the site with Rezoning #05-16. Mr. Evan Wyatt of Greenway Engineering representing the Applicant highlighted Rezoning #02-19. Mr. Wyatt noted that construction is underway at the property with an approved site plan. The Applicant is putting in the onsite structures and improvements on Amoco Lane with a gravity sewer lane with approval from Frederick Water. Mr. Wyatt noted, the reason for the rezoning is the Applicant has a potential buyer for 1.04 +/- acres for the use of a tire & battery facility which is not allowable use in B3 District. Mr. Wyatt continued, the Applicant has a carryover proffer request for residents of Amoco Lane to request landscaping on their property; To date three (3) landowners have contacted the Applicant to have the improvements done that will take place in the Fall of 2019. Chairman Kenney asked for clarification on the entrance to the proposed facility. Mr. Wyatt explained the entrance would be on Amoco Lane. 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 Oates and seconded by Commissioner Cline BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #02-19 for CB Ventures, LLC, submitted by Greenway Engineering, Inc., to rezone 1.04+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District with amendment to the proffers. The property is located on the south side of Martinsburg Pike (Route 11) and the northeast side of Amoco Lane (Route 839) at the southwest quadrant of Interstate 81. The property is identified by Property Identification Number 43 -A -48E in the Stonewall District. (Note: Commissioner Thomas was absent from the meeting.) Frederick County Planning Commission Page 3648 Minutes of August 7, 2019 Conditional Use Permit #06-19 for Landfall Lodge, submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 350 Chestnut Grove Road, Winchester, Virginia and are identified with Property Identification Numbers 30-A-50 and 30 -A -50D in the Gainesboro Magisterial District. Action — Recommend Approval Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Mr. Tyler Klein, Senior Planner, reported this is a request for a special event facility at 350 Chestnut Grove Road in the RA (Rural Areas) with Property Identification Numbers 30-A-50 and 30- 30-A50D consisting of 188 -acres with 150 -acres protected in a conservation easement in the Gainesboro District. Mr. Klein continued, of the two (2) parcels, which includes a single-family detached residence and detached structures including a barn and cottages, he noted this Conditional Use Permit (CUP) is for a special event center for weddings, business meetings, birthday parties, showers, reunions, charity events, and other similar type of events. He presented a location and vicinity map of the property. 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 Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Building permits are required for any new building or structures. 4. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 250 persons. 6. Only the "main entrance" driveway associated with the address 350 Chestnut Grove Road, shall be open to special event traffic. All other entrances to the property should be restricted for private/residential/agricultural traffic only. 7. 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. 8. Any expansion or modification of this use will require the approval of a new CUP. Chairman Kenney inquired where the other entrances to the property are located. Mr. Klein explained the main entrance would be the only entrance used for event traffic. He directed everyone to the location map to point out the other four (4) entrances to the property. Mr. Lowell Henderson, the Applicant came forward to give a brief overview of the requested CUP. Mr. Henderson thanked the Commission for consideration of the CUP application. Mr. Henderson continued, his goal is to ensure that continued revenue opportunities for his children and generations to come offset the significant cost to maintain the property. After several charity and family events they were approached by friends about renting the barn for other functions. Following a complaint from a Frederick County Planning Commission Page 3649 Minutes of August 7, 2019 neighbor, Mr. Henderson was contacted by Mr. Mark Cheran, Zoning and Subdivision Administrator and notified of a Zoning Amendment requiring any facility in the RA District to have a CUP for any special events. Mr. Henderson addressed the concerns of neighbors as they plan to have minimal impact. Commissioner Unger complimented Mr. Henderson on communicating with his neighbors about the Special Event Facility and the support given to the charity events. Chairman Kenney asked Mr. Henderson how the other four (4) entrances to the property will be blocked. Mr. Henderson responded that all entrances to the property have signs to direct traffic, traffic control will be in place, and the unused entrances will be blocked with cones. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Jamie Marion, Executor and Power of Attorney for the estate at 236 Chestnut Grove Road came forward with her concerns of traffic that the events generate. If an emergency vehicle is needed to access the road no one could get through since it is a single lane road. Ms. Marion also spoke against the fact that neighbors are not always notified of all events taking place. Betty Marion of 236 Chestnut Grove Road shared her concerns with traffic and the privacy of residents being disturbed. John Gavitt of 492 Chestnut Grove Road stated he supports the special event facility and that he wants the Applicant to continue with support and dedication they show the youth of Frederick County and the many events held for the charities. Tina Crane of the Hunter Crane Foundation spoke on the generosity of the Applicants in holding events for the Foundation at no cost. She continued, the support that they show the community and youth of Frederick County is extraordinary. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Oates commented he respects the neighbors with traffic concerns, and he requested modification of condition #6 to restrict traffic to the main entrance and all other four (4) entrances be gated and locked during events. Commissioner Mohn supported the change of condition #6, to gate the other entrances to the property which will lessen the impact to the neighbors. Mr. Klein gave clarification to the shared entrances; in order to use those entrances, the property needs permission from the adjoining property owners. The Applicants agreed to use the main entrances for the event center traffic. The other entrances have signs and traffic control volunteers. Mr. Henderson explained that he will install a gate at the noted entrance during the event times to be restricted. Upon motion made by Commissioner Triplett with the modification of condition #6, to restrict the entrance with a gate during scheduled events and seconded by Commissioner Morrison Frederick County Planning Commission Page 3650 Minutes of August 7, 2019 BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #06-19 for Landfall Lodge, submitted for a special event facility. The property is located at 350 Chestnut Grove Road, Winchester, Virginia and is identified with Property Identification Number 30-A-50 & 30 -A -50D in the Gainesboro Magisterial District. (Note: Commissioner Thomas was absent from the meeting.) Cancelation of the regular meeting Chairman Kenney announced there were no pending items for the Planning Commission's August 21, 2019 meeting. A motion was made by Commissioner Triplett to cancel the August 21, 2019 meeting of the Planning Commission. This motion was seconded by Commissioner Oates and unanimously passed. ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Triplett to adjourn the meeting. This motion was seconded by Commissioner Oates and unanimously passed. The meeting adjourned at 7:45 p.m. Respectfully submitted, Kevin W. Kenney, Chairman i/ r Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3651 Minutes of August 7, 2019