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PC 08-18-21 Meeting MinutesFrederick County Planning Commission Page 3840 Minutes of August 18, 2021 MEETING 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 18, 2021. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; William H. Cline, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District; John F. Jewell, Back Creek District; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Alan L. Morrison, Member at Large; Roderick B. Williams, County Attorney. ABSENT: Gary R. Oates, Stonewall District; Charles E. Triplett, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; Mark R. Cheran, Zoning & Subdivision Administrator; Kathy Smith, Secretary. CALL TO ORDER Chairman Kenney called the August 18, 2021 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 Thomas and seconded by Commissioner Mohn the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Thomas and seconded by Commissioner Jewell, the Planning Commission unanimously adopted the minutes from the July 21, 2021 meeting. ------------- Frederick County Planning Commission Page 3841 Minutes of August 18, 2021 COMMITTEES Frederick Water – Mtg. 08/10/21 Commissioner Jewell reported, the North Fork Shenandoah River is experiencing Harmful Algal Blooms (HAB) that result in unhealthy water quality. The City of Winchester draws its raw water from this river. While tests currently indicate the City’s water remains safe once properly treated, Frederick Water will halt its daily water purchase from the City upon learning any test result indicates unsafe conditions. This halting of purchase from the City will preserve the safe integrity of the Frederick Water system. Frederick Water draws most of its daily water from its quarries and wells which remain safe to drink and are not affected by HAB. The Frederick Water Board directed implementation of water conservation measures to reduce daily customer water demand and to enable its quarries and wells to recharge. Frederick Water strives to be positioned to not only continue to provide its customers with safe drinking water, but to also be positioned to provide City customers with safe drinking water in the event that the HAB affects the health of the City water. Mr. Jewell presented the operations report for July: customer base is nearly 18,000 connections; monthly water production averages 7.22 MGD; the quarries are in excellent shape; rainfall in July was 4.38”, up slightly from June’s 3.17”. City of Winchester – Mtg. 08/17/21 Commissioner David Ray, Winchester City Planning Commission Liaison, reported the Commission considered the following: 1. The rezoning of 0.68 acres, 3 properties on Hockman Ave. to MR (Medium Residential) – recommend approval. 2. An application for a Rescue Mission CUP has been tabled. 3. An ordinance to rezone 4.3 acres on Pleasant Valley Road for Residential Office and planned unit development for 25 townhouse lots - recommend approval. 4. A CUP for a nursing and rehab facility and corridor enhancement certificate of appropriateness on Cedar Creek Grade, adjacent to the city/county line – recommend approval. 5. A request for a CUP to allow for a short term rental use on North Pleasant Valley Road in and MR district – recommend approval. 6. An ordinance amendment pertaining to off-street parking in B-1 and RB-1 districts has been initiated. 7. The String Street Development was reviewed due to changes that include moving and changing the maintenance/mail building and truck access to the dumpster; the Commission does not believe the changes to be significant and the Planning Dept. will be making neighbors adjacent to the properties aware of the changes. 8. The Planning Department will be hosting an open house and the Planning Commission will hold a public hearing August 31. 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 3842 Minutes of August 18, 2021 PUBLIC HEARING CUP #06-21 for Kelrock, LLC submitted to allow for a Sawmill/Planing Mill (Type B). The subject property is located at 161 Woodchuck Lane with Property Identification Number 52-A-262B in the Back Creek Magisterial District. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request for a Conditional Use Permit (CUP) to establish a Sawmill/Planing Mill (Type B) on a two-acre parcel located at 161 Woodchuck Lane, Winchester, in the Back Creek Magisterial District. He noted, a “Sawmill/Planing Mill (Type B) is defined as: A mill for sawing or processing of standing trees or their wood or timber. Mr. Cheran shared a locations map of the property. He continued, the subject property is zoned RA and is surrounded by other RA zoned property, which includes residential uses to the north and west and the existing McFarland’s Mill to the east. He noted, McFarland’s Mill has been in business since 1948. Mr. Cheran explained, the property contains one existing 9,100 sf structure and all milling activities are proposed to be conducted within the structure. He continued, the property currently has an approved Conditional Use Permit (CUP #19-04) for the operation of a public garage; should this application be approved, CUP #19-04 will be void. Mr. Cheran explained, this site is located within the limits of the Round Hill Rural Community Center as depicted in the Round Hill Community Land Use Plan. The development pattern established within the core of the Round Hill Rural Community Center consist of small lot residential uses along Round Hill Road, Poorhouse Road, and Woodchuck Lane; the land use plan encourages the continuation of this residential pattern. Mr. Cheran presented the conditions for this CUP as recommended by Staff; he noted, updated conditions have been provided to each Member: 1. All review agency comments and requirements shall be complied with at all times. 2. An illustrative sketch plan shall be submitted to and approved by Frederick County and all improvements completed prior to the establishment of the use. 3. All milling operations shall occur within the existing enclosed structure on the property, and all outdoor storage shall be screened. 4. All deliveries via tractor trailer shall occur solely from Round Hill Road through PIN 52-A-267; no tractor trailer deliveries shall occur via Woodchuck Lane. 5. One non-illuminated freestanding monument business sign shall be allowed with this Conditional Use Permit. Signage shall not exceed twenty (20) square feet in area and ten (10) feet in height. 6. Hours of operation shall be limited to 7 a.m. to 6 p.m., seven (7) days a week. 7. No more than six (6) employees shall be permitted with this use. 8. Conditional Use Permit #19-04 shall be void upon approval of this Conditional Use Permit. 9. Any expansion or change of use shall require a new Conditional Use Permit. Commissioner Thomas inquired, with the changes in condition #3 and #4, will we be voting on the revised conditions and does that need to be indicated in the motion. Mr. Cheran stated that would be appropriate. Commissioner Brumback asked if the signage would be on Woodchuck Lane. Mr. Cheran noted, yes that is correct. Commissioner Brumback inquired if sanding and planing is being done in another structure at this time. Mrs. Stephanie See, attending with the Applicant stated that is correct. Commissioner Jewell commented in regards to the hours of operation, looking at the additional comments it specifically lists the hours as Monday, Tuesday, Wednesday, and Friday 7 a.m. to Frederick County Planning Commission Page 3843 Minutes of August 18, 2021 4 p.m., Thursday 7 a.m. to 6 p.m. and Saturday 8 a.m. to 1 p.m. and closed for major holidays; why aren’t we limiting this CUP to the six days a week, because if approved as is they could be open on Sundays, and he doesn’t feel that is appropriate. Mr. Cheran stated they are currently operating at those hours however the Planning Commission can make a change to that condition. Chairman Kenney asked if they will be allowed retail sales in this building. Mr. Cheran explained, they have a very small retail part of this. He noted, they are basically moving the planing mill to this site. Commissioner Manuel asked if there will be mulch operations at this site. Mr. Cheran stated no, the mulch operations are on the McFarland’s Mill parcel. Commissioner Mohn asked if there have been any issues with traffic brought forth with the event facility that was approved located a short distance down Woodchuck Lane. Mr. Cheran stated there have been no issues brought forth for the facility. Mr. Rocky Keplinger, the applicant, and Mrs. Stephanie See, who is purchasing the land and is the owner of McFarland’s Mill came forward. Mr. Keplinger explained, there is nothing that will really be changing, and the traffic should be a little less than what his business generated. He noted, McFarland’s Mill is looking to expand, and this is an opportunity for this to happen and to keep the properties together. Mrs. See commented the mulch operation is on the McFarland’s Mill property. She stated, regarding the hours of operation, Monday thru Saturday is what she originally requested. Commissioner Thomas asked if they will be having a drying kiln on the property. Mrs. See stated no they would not. Commissioner Morrison commented he would prefer that there be no Sunday hours due to noise concerns. Mrs. See agreed to no Sunday hours. Commissioner Jewell requested clarification on what hours are needed. Mrs. See commented she would like the hours to be Monday thru Saturday 7 a.m. to 6 p.m. Chairman Kenney noted condition #6 states 7 a.m. to 6 p.m. and seven days a week. Mrs. See confirmed she is interested in it just being the six days Monday thru Saturday. Commissioner Brumback commented she feels this will be an excellent use of the location. 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 a motion made by Commissioner Jewell and seconded by Commissioner Brumback with amended Condition #3 that all outdoor storage shall be screened, Condition #4 all deliveries via tractor trailer shall occur solely from Round Hill Road through PIN 52-A-267; no tractor trailer deliveries shall occur via Woodchuck Lane, and #6 with the hours of operation being 7 a.m. to 6 p.m. (6) days a week and no Sunday operations. BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of CUP #06-21 for Kelrock, LLC submitted to allow for a Sawmill/Planing Mill (type B). The subject property is located at 161 Woodchuck Lane with Property Identification Number 52-A-262B in the Back Creek Magisterial District. (Note: Commissioner Oates and Commissioner Triplett were absent from the meeting.) OTHER Mr. Wyatt G. Pearson, Director, shared there will be a joint work session on September 1, 2021 at 5:30 p.m. prior to the scheduled Planning Commission meeting. He noted, there are two upcoming items; REZ #04-21 for Orrick Commons; and an Update to the Frederick County Comprehensive Plan. Frederick County Planning Commission Page 3844 Minutes of August 18, 2021 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Morrison and unanimously passed. The meeting adjourned at 7:25 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ___________________________ Roderick B. Williams, Secretary