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PC 04-06-22 Meeting MinutesFrederick County Planning Commission Page 3908 Minutes of April 6, 2022 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 April 6, 2022. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; William A. Orndoff, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Betsy Brumback, Back Creek District ; Mollie Brannon, Back Creek District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Charles Markert, Red Bud District; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: None STAFF PRESENT: Wyatt G. Pearson, Director; Mark R. Cheran, Zoning & Subdivision Administrator; M. Tyler Klein, Senior Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the April 6, 2022 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Jewell 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 Orndoff the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Orndoff and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes from the March 2, 2022 meeting. ------------- Frederick County Planning Commission Page 3909 Minutes of April 6, 2022 COMMITTEES Development Review and Regulations Committee – Mtg. 03/24/22 Commissioner Kozel reported, the Committee discussed Short-Term Lodging and this item is coming before the Planning Commission this evening. Also discussed was allowed uses in the B2 Zoning District, specifically self-storage facilities; this item did not receive committee support and may come back to the committee at a later date for further discussion as part of a broader review of Business and Industrial District uses. City of Winchester – Mtg. 04/05/22 Commissioner Ray, Winchester City Planning Commission Liaison, reported the Commission heard reports on two items; a request to reapprove the development plan for a Planned Unit Development on 22.7 acres of land at 301 and 441 Linden Drive zoned Low Density Residential District with PUD Overlay District; and an ordinance to amend the Winchester Zoning Ordinance pertaining to the area available for use in the primary and secondary downtown assessment districts. Board of Supervisors Supervisor Ludwig reported there was a budget work session with continued efforts with the School Board with funds possibly being put into a reserve which he is hopeful could be used for roads in the future. ------------- CITIZEN COMMENTS Chairman Jewell 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. Ms. Sue Case, residing on Waynes Lane in Stephens City, VA shared her concerns with an Airbnb on Waynes Lane. She noted this is a shared driveway/lane. She asked the Planning Commission to consider regulations to short-term lodging when a shared driveway/lane is involved. She noted, she does not feel short-term lodging conditions should be a one size fits all. No one else came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- Frederick County Planning Commission Page 3910 Minutes of April 6, 2022 PUBLIC HEARING Conditional Use Permit #02-21 for Eli Williams – Submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 1570 Gough Road, Winchester, Virginia and is identified with Property Identification Number (PIN) 60-A-79 in the Back Creek Magisterial District. Action – Recommend Approval Mark R. Cheran, Zoning & Subdivision Administrator, reported this is a request to allow for the operation of a special event facility on a 10-acre property located at 1570 Gough Road, Winchester, Virginia, in the Back Creek Magisterial District. The property is surrounded by other RA (Rural Areas) zoned property, which includes open space, agricultural uses, undeveloped residential lots, and single-family detached residences. He continued, a special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines a “special event facility” as a facility or site utilized for events that are typically conducted on a single day, but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings, and private parties. Mr. Cheran explained, the subject property includes a single-family detached residence, open outdoor patio, with 2,640 square foot barn for weddings and other special events. The Applicant intends to host events for up to 200 persons and will provide a gravel parkin g area for guests; mobile portable restroom facilities will be used; and all food preparation will be via catering companies. He concluded, Staff recommends the following conditions for this CUP: 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 and addressing additional regulations for specific uses contained in §165-204.30, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Special events shall start no earlier than 8 a.m. and all events and related activities shall conclude by midnight. Amplified outdoor music shall conclude by 9 p.m. 4. All event traffic shall use Gough Road (Route 618). 5. Special 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 nor modification of this use will require the approval of a new CUP. Commissioner Thomas asked about the amplified music and if the time of 9:00 p.m. applies to indoors and outdoors. Mr. Cheran responded it only applies to outdoors. Eli Williams, the Applicant came forward to address questions. Commissioner Brannon asked if the Applicant plans on moving into the house on the property and his response was yes. Commissioner Brannon asked if the noise outdoors is an issue; could the amplified music be moved indoors. Mr. Williams stated he would be willing to do that. Commissioner Brannon asked the Applicant to explain what prompted this CUP. Mr. Frederick County Planning Commission Page 3911 Minutes of April 6, 2022 Williams explained, he started with the CUP process 15 months ago; he was working on the barn, and he had a friend that was leaving for the service and wanted to use the barn in July for a going away celebration; he noted he did not charge his friend. Commissioner Brumback inquired if the portable toilets will be screened and removed. Mr. Williams commented that is correct and he plans to keep them close to the barn and out of view. Commissioner Brumback asked if he could put them on the east side of the building and he stated he would be willing to do that. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Stephen Carroll representing the family that owns 17 residential lots shared his concerns with this and that changing the rural land to a more commercial type of use would be a negative impact on this area. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Brumback asked Mr. Cheran if the drive-way that circles the barn is for the entrance and exit. He stated the entrance and exit is on Gough Road only. Commissioner Thomas commented, in the VDOT comments there seemed to be little measurable impacts on Gough Road. Mr. Cheran commented, VDOT is in acceptance of the entrance and exit on Gough Road. Upon a motion made by Commissioner Brumback and seconded by Commissioner Thomas to approve with the addition of no outdoor amplified music BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval with the addition of no outdoor amplified music permitted for Conditional Use Permit #02-21 for Eli Williams – Submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 1570 Gough Road, Winchester, Virginia and is identified with Property Identification Number (PIN) 60-A-79 in the Back Creek Magisterial District. ------------- INFORMATION/DISCUSSION Ordinance Amendment – Protection of Environmental Features, Off-Street Parking, and Conditional Uses in the R4 and R5 Zoning Districts M. Tyler Klein, Senior Planner reported, this is a request to amend Chapter 165 – Zoning Ordinance to clarify and amend requirements contained in the supplementary use regulations, parking, planned development districts, and business and industrial district sections. • Protection of Environmental Features o This is a proposed amendment to expand the allowance for additional disturbance of steep slopes beyond the Zoning Ordinance standard (25%) Frederick County Planning Commission Page 3912 Minutes of April 6, 2022 o The Zoning Ordinance (§165-201.09) currently permits the Zoning Administrator to allow the disturbance of additional small areas where the disturbance will alleviate potential health and safety problems and will not significantly impact the overall environmental quality of the site • Off-Street Parking o This is a proposed amendment to modify the requirement for off-street parking spaces for single-family attached/townhome (SFA/TH) dwelling units to 2.5 off-street spaces per unit. o The Zoning Ordinance requires two (2) off-street parking spaces are required for all single-family dwellings and mobile homes regardless of housing type (§165-202.01 & §165-402.09). o This standard has been insufficient for townhome communities where the off-street parking requirement is met with one (1) garage space and one (1) driveway space. Typically, in townhome communities there is limited or no on-street parking (due to driveway spacing and private road widths) and limited (if any) off-street visitor parking spaces as off-street visitor parking is not presently required by the ordinance. • Conditional Uses in the R4 & R5 Zoning Districts o This is a proposed amendment to clarify the uses permissible with a conditional use permit in the Residential Planned Community (R4) and Residential Recreational Community (R5) Zoning Districts. o Per §165-501.04 of the Zoning Ordinance, the R4 District as currently worded does not require a conditional use permit be applied for to operate any use listed as a conditional use in the Zoning Ordinance. Additionally, the R5 District does not currently indicate any allowance for conditional uses. o Conditional use permits for the R5 have been interpreted to follow the conditional uses specified in the Residential Performance (RP) District, which is consistent with how the permitted uses in the R5 District are indicated. Mr. Klein concluded, the Development Review and Regulations Committee (DRRC) discussed these proposed ordinance amendments on February 24, 2022 and supported the proposed changes. He noted this item is presented for information and discussion. There were no questions or discussion, and the item is sent forward to the Board of Supervisors for information and discussion. Ordinance Amendment – Short-Term Lodging M. Tyler Klein, Senior Planner, reported, this is a proposed amendment to Chapter 165- Zoning Ordinance to add “short-term lodging (STL) to the definitions section, provide additional regulation for short-term lodging, and add the use to the RA (Rural Areas), RP (Residential Performance), Frederick County Planning Commission Page 3913 Minutes of April 6, 2022 and MH1 (Mobile Home Community) Zoning Districts. As proposed by Staff, STL’s would be permitted by-right through an administratively reviewed permit process (draft permit application also provided); the Permit would be valid for a period of 2-years and a $200 fee. He noted, the Zoning Ordinance does not presently include a specific use or regulations for short -term lodging. Similar uses such as “rooming house/boarding house” and “bed and breakfast” are already included in the ordinance (allowed as conditional uses in certain districts) but are defined in such a manner that they would not otherwise permit short-term lodging. Mr. Klein shared the proposals for the Zoning Ordinance: • Short-Term Lodging (§165-101.02) o Short-Term lodging (STL) is any occupancy of all or part of a dwelling or mobile home for a period of 30 days or less. • Short-Term Lodging (§165-204.35) – where permitted, short-term lodging shall meet the following requirements o The maximum number of lodgers per night shall not exceed 10-persons, except where Uniform Statewide Building Code permits only a fewer number of occupants. o No more than five (5) guestrooms are permitted for short-term lodging. o The maximum number of rental contracts per night is one (1). All lodgers occupying the short-term lodging must be associated with the same rental contract. o A dwelling or manufactured home used for short-term lodging shall comply with the following standards: ➢ Be available for inspection by the County during reasonable hours and in accordance with the Zoning Ordinance. Comply with the requirements of the applicable version of the Virginia Uniform Statewide Building Code or Virginia Manufactured Home Safety Regulations, as determined by the Building Official. ➢ Have a working multi-purpose fire extinguisher, smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service). ➢ Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for the short-term lodging to the nearest exit from the dwelling or manufactured home. ➢ Have one (1) designated off-street parking space available for lodgers, which the Operator has the authority to reserve for short-term lodging purposes. o Special events, as defined in Part 101 of the Ordinance, are prohibited in association with short-term lodging use. Frederick County Planning Commission Page 3914 Minutes of April 6, 2022 o No short-term lodging activity shall take place on the property until the Department of Planning and Development has approved a short-term lodging administrative permit for the use and the Commissioner of Revenue has approved a business license for the use. Mr. Klein concluded, the Development Review and Regulations Committee (DRRC) discussed the proposed ordinance amendment at their March 25, 2022 meeting. The DRRC supported the proposed and the item was sent forward to the Planning Commission. He noted this item is presented for information and discussion. The Planning Commission discussion focused on the appropriate number of parking spaces that should be reserved for short-term lodging guests and how to best handle private shared driveways/access easements. The Planning Commission recommended the Board of Supervisors consider increasing the number of off-street parking spaces required to one (1) space per bedroom and requiring the owners/operators of STL’s to obtain written consent of use of shared driveways from sharing parties. ------------- OTHER Wyatt G. Pearson, Director, shared, the Opequon Crossing MDP has been approved and a site plan for Bartonsville Solar has been submitted. Cancelation of Regular Meeting Chairman Jewell announced there were no pending items for the Planning Commission’s April 20, 2022 meeting and it will be canceled. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Dawson to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously passed. The meeting adjourned at 7:45 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary