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PC_02-20-08_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 February 20, 2008. PRESENT: June M. Wilmot, Chainuan; Richard C. Ours, Opequon District; George J. Kriz Gainesboro District; Gregory S. Kerr, Red Bud District, Richard Ruckman, Stonewall District, Gary R. Oates, Stonewall District; Greg L. Unger, Back Creek District: Cordell Watt, Back Creek District; H. Paige Manuel, Shawnee District: and Gan A. Lofton, Board of Supervisors Liaison. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District, Lawrence R. Ambrogi, Shawnee District; Christopher M. Mahn, Red Bud District: and Charles E. Triplett, Gainesboro District. STAFF PRESENT: Eric R. Lawrence, Planning Director: Michael T. Ruddy, Deputy Director: Mark R. Cheran, Zoning & Subdivision Administrator: Candice Perkins, Senior Plamier. and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman Wilmot called the meeting to order at 7:00 p.m. WELCOME NEWLY APPOINTED COMMISSIONER, RICHARD A. RUCKMAN, STONEWALL DISTRICT On behalf of the entire Planning Commission, Chainuan Wilmot welcomed the newly appointed commissioner from the Stonewall District, Richard A. Ruck ADOPTION OF THE MEETING AGENDA FEBRUARY 20, 2008 Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Commission unanimously adopted the agenda for this evening's meeting. • Frederick County Planning Commission Page 2200 Minutes of Februaiv 20, 2008 -2- MEETING MINUTES • Upon motion made by Commissioner Kriz and seconded by Conunissioner Ours, the ❑ of the December 19, 2007 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Historic Resources Advisory Board (HRAB) — 02/19/08 Mtg. Commissioner Oates reported that Diane Kerns, Chairman of the Conservation Easement Authority (CEA) shared infonnation and talked about ways the CEA and HRAB might be able to work together. Commissioner Oates said the HRAB also continued their review of the Comprehensive Policy Plan. Transportation Committee Commissioner Oates reported no regular committee meeting for the Transportation Conunittee, however, three work sessions were held. The topic of discussion at all three work sessions focused on the Transportation Authority and whether or not it would be good for Frederick County to pursue. Commissioner • Oates said traffic impact fees were also discussed. He said the Transportation Committee anticipates changes to traffic impact fees from the legislature in Riclunond and the Transportation Committee is in a wait and see position on this subject In addition, lie said the Transportation Committee is working on the transportation network for the Northeast Land Use Area. Sanitation Authority — 02/19/08 Mtg. Conunissioner Unger reported P/4-inches of rain for January and rainfall for the year was down about eight inches, Parkins Mill Plant is down about 70% because of lack of rain; water production was up approximately 300,000 gpd and is totaling about 55 million gpd, which is average. He said two projects are anticipated to be put out to bid, the Red Bud force main and pump station; and, the extension of a pipe line from the Parkins Mill plant up the creek. Conunissioner Unger said the Sanitation Authority also talked about increasing rates in Frederick County because the City of Winchester is raising the rates of water being sold to Frederick County by 33 %. Comprehensive Plans & Programs Subcommittee (CPPS) — 02/11/08 Mtg. Conunissioner Kriz reported that the CPPS received a presentation from the Deputy Director- Transportation, John A. Bishop, and a short meeting was held afterwards. He said Planning Deputy Director, Michael T. Ruddy, reviewed the Route 277 Plan. The CPPS also discussed their plans for operating next year with three standing committees and hope any interested citizens will make contact, if they wish to serve. Frederick County Planning Commission Page 2201 Minutes of Febuaiy 20, 2008 -3— NEW APPOINTMENT TO CPPS Chairman Wilmot annowiced the appointment of Joanna Leonardis as a citizen member to the Comprehensive Plans and Programs Subcommittee (CPPS). CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC HEARING 2008 -2009 Capital Improvements Plan (CIP) for Frederick County. The CIP is a prioritized list of capital projects requested by various County departments and agencies. The CIP is created as an informational document to assist in the development of the County's annual budget. Once adopted, the CIP becomes a component of Frederick County's Comprehensive Policy Plan. Action — Recommended Approval Deputy Director, Michael T. Ruddy, reported that the Comprehensive Plans and Programs Subconunittee (CPPS) agreed the CIP (Capital Improvements Plan) requests were in conformance with the Comprehensive Policv Plan at their meeting of November 12, 2007 and forwarded the draft document to the Planning Commission, Mr. Ruddy said the Planning Commission considered the CIP as a discussion item at their meeting of December 5, 2007; the consensus of the Commission was that the proposed projects within the CIP were in conformance with the Comprehensive Policy Plan. He stated that the Board of Supervisors considered the CIP as a discussion item on two occasions and agreed to schedule public hearings. Mr. Ruddy said the Board's discussion resulted in the inclusion of an additional project which establishes a capital expenditure find for the purpose of purchasing additional and replacement capital fire and rescue vehicles and equipment. In swmnary, Mr. Ruddy stated that [he CIP contains 56 projects, with five new projects. He said the Parks and Recreation Department accounts for two of the new projects; the Winchester Regional Airport, County Administration/ Fire and Rescue. and the Transportation Committee each have one new project. He noted that last year, the Transportation Committee accounted for the majority of new requests because it was the first year they had provided capital projects for the CIP. Chairman Wilmot called for public comments, however, no one came forward to speak. No questions or issues were raised by the Conunission. The Planning Commission agreed the • requests within the CIP were in conformance with the Comprehensive Policy Plan. Frederick County Planting Commission Page 2202 Minutes of February 20, 2008 -4- r Upon motion made by Conuuissioner Ours and seconded by Commissioner Kriz, • BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the 2008 -2009 Capital Improvements Plan (CIP) for Frederick County as presented with the addition of the Capital Equipment Fund for the County Administration/ Fire and Rescue Department. (Note: Commissioners Ambrogi, Molm, Thomas, and Triplett were absent from the meeting.) Revocation of Conditional Use Permit (CUP 09 -04) of James and Barbara Bayliss due to violations of the conditions of their CUP, specifically, the size and number of signs existing on the property. This property is located at 2680 Northwestern Pike (Route 50W) and is identified with P.I.N.s 52 -A -55 and 52 -A -56 in the Cainesboro Magisterial District. Action — Recommended tine Revocation of CUP 409 -04 Commissioner Manuel said he would abstain from all discussion and voting on this matter, due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Frederick County Board of Supervisors approved Conditional Use Permit (CUP) 409 -04 for a cottage occupation for a real estate brokerage office on July 14, 2004 with the following conditions: 1) All review agency comments and IS requirements shall be complied with at all times; 2) No more than five customers at any one time; 3) Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square - feet in size; 4) Any expansion or modification of facilities will require a new Conditional Use Permit; and, 5) Up to two temporary employees allowed. Mr. Cheran reported that the staff received a complaint regarding violations of this CUP with regards to the size and number of signs located on the property. He said the staff confined via a site inspection that the property has two signs located on the property; neither sign meets the size requirements of the conditions of Mr. Bayliss' CUP. Mr. Cheran stated that the staff met with the property owner and discussed the sign issue in order to bring the property into compliance with the conditions of his permit. He noted that a letter of revocation was sent to the property owner on December 12, 2007 Commissioner Kriz asked the staff how many signs were on the property, the size of the existing signs, and what size sign was penuitted under the CUP conditions. Mr. Cheran estimated the signs were larger than four square -feet; lie said cottage occupation sign requirements state that a sign shall not exceed four square - feet in size. Mr. Cheran noted that the applicant has his residence for sale, however, the sign located on the property has a directional arrow for an office. Mr. Cheran said that the applicant recently removed one of the two signs. Referring to the photographs in tine Commission's agenda, Mr. Cheran and the Commission discussed which sign was currently located on the property and which one was removed. They also discussed the language, directional arrow, and size of the remaining sign indicating an office. Mr. James Bayliss, the property owner and applicant, and his attorney, Mr. Peter Hanson, provided the Commission with copies of information and photographs. Mr. Hanson said the property for which the CUP was granted for a cottage occupation is identified with P.I.N. 52 -A -56 and has no existing sign, he said this property is not in a non - compliance state at present. Mr. Hanson said the property with the 4 X 3 sign with side anu and directional arrow is located on P.LN. 52 -A -55 and is advertising the sale of Mr. Bayliss' residence; he said this property is not covered under the CUP. Mr. Hanson commented that surrounding properties are zoned commercial; furthermore, the zoning ordinance gives a property owner the right to post a sign advertising the sale of their property. Frederick County Planning Commission Page 2203 Minutes of February 20, 2008 -5- Mr. James Bayliss also conmrented there were no existing signs on P.I.N. 52 -A -56; however, one sign advertising the sale of his residence was located on P.I.N. 52 -A -55. Mr. Bayliss contended that the existing sign is a realty sign, not a business sign, and is in compliance with the County Code. Conunissioner Kriz asked staff for the regulations for an off -site business sign. Mr. Cheran replied that a CUP is required for an off -site business sign. Commission members believed that since the sign contained a directional arrow and had the word, "office," it appeared to be a business sign, rather than a "for- sale" sign. Commissioners suggested to Mr. Bayliss that he replace the "office" language and arrow on his existing sign with the words, "for- sale," and, on the property with the cottage occupation, P.I.N. 52 -A -56, place a four- square -foot office sign. They commented that this issue has been ongoing for quite some time. Conunissioner Oates asked Mr. Bayliss if the existing sign might be located within VDOT's right -of -way. Mr. Bayliss said the sign was not within the State's right -of -way. Chairman Wilmot called for public comments; however, no one came forward to speak. Upon motion made by Conunissioner Kriz and seconded by Commissioner Watt, BE IT RESOLVED, That the Frederick County Plarming Commission does hereby unanirmously recommend that Conditional Use Permit 409 -04 of James and Barbara Bayliss be revoked due to a violation of the conditions of the pennit, specifically, the size and the number of signs existing on the property, located at 2680 Northwestern Pike (Route 50W). (Note: Conmiissioner Manuel abstained; Commissioners Ambrogi, Thomas, Triplett, and Molm were absent from the meeting.) • PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, SUBDIVISION ORDINANCE, CHAPTER 144, SECTION 144 -17E, EXPANSION OF EXISTING RIGHT -OF -WAY/ DEDICATION OF RIGHT -OF -WAY. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that the requirement for right -of -way dedication for existing roads within Frederick County is covered under the Frederick County Subdivision Ordinance, Section 144 -17E, Expansion of Existing Right -of -Way. She stated that this portion of the ordinance requires dedication only when property is proposed for subdivision. Ms. Perkins read this section of the ordinance for the Commission. Ms. Perkins explained that this section has become problematic when a development proposal, a site plan for example, is submitted for a property on an existing street which does not have adequate right -of -way. She said unless the applicant is willing to offer the right -of -way for dedication, Frederick County can not require the applicant to dedicate the right -of -way. Ms. Perkins read the proposed amendment to this section of the Subdivision Ordinance, Ms. Perkins said the Development Review and Regulations Subcommittee (DRRS) endorsed the proposed ordinance amendment at their meeting on August 23, 2007. She said that both the Planning Commission and the Board of Supervisors have had an opportunity to discuss the proposed amendment. Frederick County Planning Commission Page 2204 Minutes of February 20 2008 Chairman Wilmot opened the public hearing to citizen comments. No one came forward to speak. No issues of concern were raised by the Commission members. A motion was made by Commissioner Oates and seconded by Conunissioner Kriz to endorse the ordinance amendment as presented. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to the Frederick County Code, Subdivision Ordinance, Chapter 144, Section 144 -17E, Expansion of Existing Right -of -Way/ Dedication of Right -of -Way. (Note: Commissioners Ambrogi, Thomas, Triplett, and Molm were absent from the meeting.) PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, ZONING ORDINANCE, CHAPTER 165, SECTION 165 -23F, SETBACK REQUIREMENTS/ HANDICAP ACCESSIBLE RAMPS. Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that the staff is proposing an ordinance amendment that would allow the Zoning and Subdivision Administrator to allow handicap ramps to extend into required setback areas when there are no other alternatives. Ms. Perkins stated that Section 165 -23F, Setback Requirements, of the Zoning Ordinance allows for some features to extend into required setback areas, such as • decks, but does not provide any opportunities for handicap ramps to extend into required setback areas. She explained that this omission has required some property owners who need handicap ramps to seek a variance from the Board of Zoning Appeals. Ms. Perkins read the proposed ordinance amendment for the Commission. Ms. Perkins said the Development Review and Regulations Subcommittee (DRRS) endorsed the proposed text amendment at their meeting on October 25. 2007. She said that both the Planning Commission and the Board of Supervisors have had an opportunity to discuss the proposed amendment. Chairman Wilmot opened the public hearing for citizen comments. No one came forward to speak. The Planning Commission fully supported the revision to the Zoning Ordinance and stated the need to support handicapped persons in Frederick County. A motion was made by Commissioner Kriz and seconded by Commissioner Ours to endorse the ordinance amendment as presented. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to the Frederick County Code, Zoning Ordinance, Chapter 165, Section 165 -23F, Setback Requirements/ Handicap Accessible Ramps. (Note: Commissioners Ambrogi, Thomas, Triplett, and Molin were absent from the meeting.) • Frederick County Planning Commission Page 2205 Minutes of February 20, 2008 -7- PROPOSED AMENDMENT TO THE FREDERICK COUNTY CODE, ZONING ORDINANCE, CHAPTER 165, SECTION 165 -47, LANDFILLS, JUNKYARDS, AND INOPERABLE VEHICLES/ TRASH STORAGE AND SCREENING REQUIREMENTS Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that this ordinance amendment is in response to issues the staff has encountered interpreting the County's ordinance in regards to dumpsters and screening. She said the existing trash storage section of the ordinance is vague and does not have a specific screening requirement. The zoning ordinance also combines residential and conunercial /industrial trash container requirements and requires them when one or more residence or use shares a parking lot. Ms. Perkins explained that the intent of the proposed amendment is to separate residential and commercial trash container requirements. She said that residential will still be dependent on more than one residence sharing a parking lot, but commercial /industrial will require outdoor trash containers for all developments. Also, the ordinance would be revised to state that all refuse shall be contained within a completely enclosed facility and the enclosure shall consist of a six -foot opaque fence or wall with an opaque gate. Ms. Perkins stated that the Development Review and Regulations Subcommittee (DRRS) endorsed the proposed amendment at_their meeting on-September-27,2007. She said that both th e P lannin g_ Co rmiission and the Board of Supervisors have had an opportunity to discuss the proposed amendment. Commissioner Kerr asked if a chain -link fence with plastic slats would be considered an opaque fence. Ms. Perkins replied that a chain -link fence with plastic slats does not meet the definition of an opaque fence. • Chainnan Wilmot opened the public hearing for citizen conunents, however, no one came forward to speak. The Planning Commmission supported the amendment as presented. A motion was made by Conunissioner Ours and seconded by Commissioner Kerr to endorse the ordinance amendment as presented. BE IT RESOLVED, THAT the Frederick County Planting Commission does hereby unanimously reconuneid approval of an amendment to the Frederick County Code, Zoning Ordinance, Chapter 165, Section 165 -47, Landfills, Junkyards and Inoperable Vehicles/ Trash Storage and Screening Requirements. (Note: Commissioners Ambrogi, Thomas, Triplett. and Molin were absent from the meeting.) OTHER Review of Board of Supervisors Decision on the Rezonine for Artillery Business Center Commissioner Oates asked the staff about the Board of Supervisors' recent action on the rezoning for the Artillery Business Center. Conunissioner Oates said there were a number of concerns raised by the Planting Commission at their public hearing and he asked what changes had been made in the applicant's proffer that made the rezoning acceptable to the Board. • Frederick Count) Planning Commission Page 2206 Minutes of February 20, 2008 Mr. Ruddy replied the applicant withdrew the second of the two alternative proffer statements is that were presented at the Planning Convnission's public hearing. Mr. Ruddy said that one of the significant changes was the applicant's proffer to provide to the County an 80 -foot right -of -way on the adjacent Carbaugh property from where their 1,100 feet of road stopped to the railroad tracks. Mr. Ruddy said the trigger for the provision of right -of -way to the Comity was within 90 days of the County's request, but no sooner than December 31, 2008. He said this was an additional proffer with a trigger mechanism attached to it. Mr. Ruddy said he would email the final proffer statement and the approved proffer package to the members of the Planning Commission for everyone's information. Appointment of Commissioner Cordell Watt to the Conservation Easement Authority (CEA) Chairman Wilmot announced the appointment of Commissioner Cordell Watt as the Planning Commission's Liaison to the Conservation Easement Authority (CEA). ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:1 5 p.m. by a unanimous vote. 18 Respectfully submitted, AA-L t�-( -a Wilmot, Chainnan Eric R. Lawrence. Secretary • Frederick County Planning Commission Page 2207 Minutes of February 20, 2008