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PC_06-04-08_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 June 4, 2008. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Gary R Oates, Stonewall District; Richard Ruckman, Stonewall District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawmec District; George J. Kriz, Gainesboro District; Gary Lofton, Board of Supervisors Liaison; and Roderick- Williams, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Amber Powers, Planner II; and Renec' S. Arlotta, Clerk. • CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission unanimously adopted the agenda for the June 4, 2008 meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the meeting minutes of April 16, 2008 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — Mtg. Commissioner Unger reported that the DRRS discussed age- restricted, multi - family housing, particularly the issues of height, screening, and berms. He said the other topic of discussion was a new office manufacturing park district, which is mostly in the Route 277 corridor area; he said all the buildings would have • to be on state - frontage roads with architectural concrete, clay, brick, or stone fronts to convey a campus -style Frederick County Planning Commission Page 2256 Minutes of June 4, 2008 -z- atmosphere. The issue of accessory use was also discussed and only 25% of a building could be retail; no retail in the industrial section. Conservation Easement Authority (CEA) — 05/22/08 Mtg. Commissioner Watt reported that the CEA voted on language for the Comprehensive Policy Plan concerning conservation easements. The CEA is also looking for places to hold meetings throughout the summer to provide information and have fund- raising activities. Natural Resources Committee 06/03/08 Mtg. Commissioner Kriz reported that Natural Resources Committee is moving along with the development of a Natural Resources/ Environmental section for the Comprehensive Policy Plan. NAICS Work Group • Commissioner Manuel reported that the NAICS Work Group continues to meet regularly to convert the county's ordinance to the NAICS method of business and industrial classification. He said the group just started on the MI (Industrial Limited) District and will probably finish that district within the next couple meetings. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject that was not on the Conunission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Conditional Use Permit 403 -08 for James Christian, III for taxidermy at 376 Winding Hill Road (Rt. 674). This property, zoned RA (Rural Areas) is identified with P.I.N. 22 -3 -6 in the Gainesboro Magisterial District. Action — Approved with Conditions • Frederick County Planning Commission Page 2257 Minutes of June 4, 2008 -3- Zoning and Subdivision Administrator, Mark R. Cheran, reported that cottage occupations are • permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP). Mr. Cheran stated that the proposed taxidermy qualifies as a cottage occupation and the proposed use will be conducted in an accessory structure, consisting of approximately 150 square feet. The applicant has proposed an average customer base of one -to -five customers per week. Mr. Cheran said the applicant is proposing a compost pile for the disposal of animal bones per guidelines provided by the Department of Environmental Quality (DEQ). He said this use shall follow Section 165 -42 of the zoning ordinance as applied to rendering operations. Mr. Cheran said that based on the limited scale of the proposed use and evaluation of the property, it appeared the use would not have any significant impact on the adjoining properties. Mr. Cheran then read a list of recommended conditions, should the Commission find the use to be appropriate. Commissioner Thomas asked if there were any requirements on where the compostpile would be located in relation to the water source from the property to the pond south of the property. Mr. Cheran stated that the DEQ will not provide comments until after the approval of Mr. Christian's CUP. Mr. Cheran suggested the Commission add a condition addressing this issue. Mr. James Christian, III, the applicant and property owner, came forward to answer questions from the Commission. Commissioner Kriz asked if there would be an entrance off of Beeler Lane. Commissioner Kriz also inquired in which building taxidermy operations would take place and the purpose for the large building behind the brick garage. Mr. Christian said the taxidermy would take place in the existing brick garage and the entrance would be his driveway off Winding Hill Road. Mr. Christian said the large building behind his garage was used for storage. Mr. Cheran added that Beeler Lane is a private lane and VDOT's comments were based on their right -of -way. • Commission members were concerned about the disposal of the animal by- products. Commissioner Oates asked the applicant if he would be willing to place animal bones and by- products into a barrel and take it to Valley Proteins or some other similar source, rather than letting it pile up on the property. Mr. Christian said that Mr. Tim Higgs of the DEQ told him that he could either put the by- products into a compost pile or take it to the landfill. Commissioner Oates stated that he believed most of the Commissioners would be more comfortable if the applicant would remove the by- products from the property. Commissioner Oates asked Mr. Christian if he would be okay with the Commission adding a condition for animal by- products to be removed monthly from the site and taken to the landfill or Valley Proteins. Mr. Christian replied he would be okay with adding the condition. Chairman Wilmot called for public comments and the following person came forward to speak: Ms. Beverly Legge, a resident at 217 Beeler Lane in the Gainesboro District, stated that Mr. Christian also breeds goats and has about 40 animals on the property. Ms. Legge was concerned that since a taxidermy business falls under the category for slaughter houses, the applicant not be so enterprising that he decides to have a slaughterhouse for goats. She said she would prefer this business not become a large commercial enterprise or bring in a lot of traffic. Ms. Legge also did not want to see a commercial entrance off Beeler Lane. No other persons wished to speak and Chairman Wilmot closed the public comment portion of the hearing. • Commissioner Oates reviewed the additional three proposed conditions with the applicant. The applicant understood the proposed additional conditions and was comfortable with them. Frederick County Planning Commission Page 2258 Minutes of June 4, 2008 A" Upon motion made by Commissioner Kriz and seconded by Commissioner Manuel, • BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 903-08 for James Christian, III for taxidermy at 376 Winding Hill Road (Route 674) Nvith the following conditions: I. All review agency comments and requirements shall be complied with at all times. 2. This use shall be in compliance with Section 165 -42 of the Frederick County Zoning Ordinance, with regards to rendering operations. 3. One cottage occupation business sign not to exceed four (4) square feet shall be allowed. 4. No more than five customers per week allowed. 5. Any expansion or modification of this use will require a new conditional use permit. 6. No outside employees other than those members of the immediate family residing on the premises. 7. Animal by- products to be removed from the site; no composting of animal by- products on site. 8. No commercial traffic on Beeler Lane. ® (Note: Commissioner Triplett was absent from the meeting.) Consideration of an Urban Development Area (UDA) Boundary Clarification at Stonewall Industrial Park. This item involves the relocation of the UDA boundary from its existing location to Route 37, resulting in a reduction of the UDA of approximately 798 acres. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, stated that in 2006, the Planning Commission and the Board of Supervisors dealt with a number of boundary modifications to the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area) to reflect the land use designations of the Comprehensive Policy Plan. He commented that this positive effort right -sized and corrected many issues with the UDA and SWSA boundaries. More recently, on April 9, 2008, the Board of Supervisors discussed one particular location that revolved around the 2006 UDA modification in the area of the Stonewall Industrial Park. He said the Board requested that the UDA line be adjusted to reflect the previous location, prior to the approval of the Russell - Glendobbin rezoning, with the UDA boundary following Route 37 to existing Route 11. Mr. Ruddy said this request is actually consistent with the endorsement previously offered by the CPPS (Comprehensive Plans and Programs Subcommittee) and the Planning Commission. He said the adjustment would have no impact on existing Stonewall Industrial Park, zoned M 1, enabling this development to continue consistent with its MDP (Master Development Plan), and further, it would have no impact on the Russell Glendobbin rezoning request, a proffered rezoning request endorsed and accepted by the County. In conclusion, Mr. Ruddy said it was important • to note that the SWSA would not change at this location; therefore, those properties including the Russell - Glendobbin property would continue to be served by pubic sewer and water. He added that the CPPS evaluated this request at their May 12, 2008 meeting and favorably recommended that this item be moved forward. Frederick County Planning Commission Page 2259 Minutes of June 4, 2008 -5- Chairman Wilmot called for public comments. No one came forward and Chairman Wilmot closed the public comment portion of the hearing. No issues or areas of concern were raised by the Planning Commission. Upon motion made by Commissioner Oates and seconded by Commissioner Ruckman, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an Urban Development Area (UDA) Boundary Clarification at Stonewall Industrial Park, which involves the relocation of the UDA boundary from its existing location to Route 37, resulting in a reduction of the UDA of approximately 798 acres. (Note: Commissioner Triplett was absent from the meeting.) Request of Thomas L. Fawcett, Betty Jean S. Fawcett, and Robert L. Fawcett to remove 6.003 acres of land from the South Frederick Agricultural and Forestal District. This parcel is located along Cedar Creek Grade (Rt. 622) and is identified with P.I.N. 61 -A -45 in the Back Creek Magisterial District. Action — Recommended Approval. Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Planning Staff • received a letter from Thomas L. Fawcett, Betty Jean Fawcett, and Robert Fawcett, dated March 28, 2008, requesting the removal of one parcel, consisting of 5+ acres from the South Frederick Agricultural and Forestal District. Mr. Cheran stated that the Agricultural District Advisory Committee (ADAC) considered this request during their meeting on May 13, 2008. The ADAC unanimously recommended that the 5+ acres of the 34.971 - acre tract be removed from the South Frederick Agricultural and Forestal District. Mr. Cheran remarked that a total of 6,048+ acres will remain in the South Frederick District. Commissioner Oates inquired why the Fawcett's letter requested the removal of 6.003 acres when the plat indicated a new lot of 5.000 acres. Mr. Cheran replied that a 0.266 -acre boundary line adjustment and a 0.737 -acre road dedication were included with the 5.000 -acre lot. Ms. Betty Jean Fawcett, one of the owners /applicants, was available to answer questions from the Commission. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Unger and seconded by Commissioner Watt, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Thomas L. Fawcett, Betty Jean S. Fawcett, and Robert L. Fawcett to remove 6.003 acres of land from the South Frederick Agricultural and Forestal District. This parcel is located along Cedar Creek Grade (Rt. 622) and is identified with P.I.N. 6 t -A -45 in the Back Creek Magisterial District. • (Note: Commissioner Triplett was absent from the meeting.) Frederick County Planning Commission Page 2260 Minutes of June 4, 2008 • Request of Karl Copp and Sally Copp to remove a parcel of 10± acres from the Double Church Agricultural and Forestal District. This parcel is located along Double Church Road (Rt. 641) and is identified with P.I.N. 86 -A -241 in the Opequon Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Planning Staff received a letter from Karl and Sally Copp, dated March 17, 2008 requesting the removal of one parcel, totaling ten acres, from the Double Church Agricultural and Forestal District, in order to seek a family subdivision. Mr. Cheran stated that the Agricultural District Advisory Committee (ADAC) considered this request during the meeting on May 13, 2008 and unanimously recommended that this 10 -acre parcel be removed from the Double Church Agricultural and Forestal District. Mr. Cheran remarked that a total of 914 acres will remain in the Double Church Agricultural and Forestal District. Commissioner Oates inquired why the parcel had to be removed from the Agricultural and Forestal District for a family subdivision. Mr. Cheran replied that the State Code requires the parcel be removed from the Agricultural and Forestal District for any subdivision of land. Mr. Karl Copp, the property owner, was available to answer questions from the Commission. Chairman Wilmot called for public comments and the following person came forward to speak. • Mr. Christopher Perry, adjoining property owner along Canterbury Road, wanted to be assured there would not be access across his property from Canterbury Road to the new lot. Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the request of Karl Copp and Sally Copp to remove a parcel of 10+ acres from the Double Church Agricultural and Forestal District. This parcel is located along Double Church Road (Rt. 64 1) and is identified with P.I.N. 86 -A -241 in the Opequon Magisterial District. (Note: Commissioner Triplett was absent from the meeting.) PUBLIC MEETING Master Development Plan #04 -08 for Snowden Bridge, submitted by Greenway Engineering, for a residential planned community on 231 acres, zoned R4 (Residential Planned Community) District. The properties are located on the south side of the Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664), and east of Milburn Road (Route 662). The properties are further identified with P.I.N.s 44 -A -292, 44 -A -293, and 44 -A -31A in the Stonewall Magisterial District. • Frederick County Planning Commission Page 2261 Minutes of June 4, 2008 Action — Recommended Approval • Planner Amber Powers reported that the master development plan (MDP) for Snowden Bridge proposes a revision to the layout of the previously - approved MDP 405 -07 for a residential planned community on 231 acres. Ms. Powers stated that this application proposes the addition of a right -in, right -out lane entrance along the major collector road identified as Snowden Bridge Boulevard. She pointed out that this was a previously- existing cul -de -sac, Dutchman Court, which is being extended out to the new major collector road. Ms. Powers said the application appears to meet all the transportation and design requirements for the zoning ordinance and it remains in conformance with all of the associated proffers. Mr. Evan A. Wyatt, with Greenway Engineering, was representing this MDP application. Commissioner Oates asked Mr. Wyatt if the parcel to be dedicated to the County was the Land Bay II property. Mr. Wyatt replied there were two parcels, Land Bay I, a 20 -acre parcel proffered for the dedicated public school site, and a 24 -acre parcel was dedicated for a public park. Conunissioncr Oates inquired if North Umberland will have sufficient right -of -way to access Land Bay I1, since Dutchman Court will end in a cul -de -sac. Mr. Wyatt stated that North Umberland was originally designed as a public street terminating at the public park area and a tie -in could be designed, if the park desired. However, VDOT was concerned that Dutchman Court would only be able to handle a smaller volume of traffic because it has a different right -of-way width. He said a narrative was included on the plan which states it will not extend into the public park area. Mr. Wvatt said that North Umberland, therefore, provides access into the comer of the park and Dutchman Court will have a cul -de -sac. Mr. Wyatt added that trail systems throughout the development will provide pedestrian access to the park and the school site. • Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Oates stated that this MDP was approved by the Board of Supervisors in lieu of Route 37; however, it was his understanding that the County will be seeing Route 37 on future MDPs by the applicant, particularly the plan shown back in 2005. With that in mind, Commissioner Oates made a motion to recommend approval of MDP #04 -08 of Snowden Bridge as presented with the expectation that all future plans by the applicant show Route 37, and furthermore, he recommended the staff be given administrative approval authority for this MDP. This motion was seconded by Commissioner Ruckman and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 404 -08 for Snowden Bridge, submitted by Greenway Engineering, for a revision to the layout of the previously- approved MDP 405 -07, specifically, with the addition of a right -in, right - out entrance along Snowden Bridge Boulevard. Be It Further Resolved that approval is being recommended with the expectation that all future Snowden Bridge plans show Route 37. The Planning Commission does also recommend that staff be granted administrative approval authority for this MDP. (Note: Commissioner Triplett was absent from the meeting.) • Frederick County Planning Commission Page 2262 Minutes of .tune 4, 2008 • OTHER APPOINTMENT TO CPPS — H. PAIGE MANUEL Chairman Wilmot thanked Commissioner H. Paige Manuel, who has been working with the Development Review and Regulations Subconunittee (DRRS) on the NAICS conversion. Chairman Wilmot announced that Commissioner Manuel will be switching over to the Comprehensive Plans and Programs Subcommittee (CPPS), however, he has agreed to stay with the NAICS Work Group until the completion of the conversion. RICHARD RUCKMAN — CERTIFIED PLANNING COMMISSIONER Chairman Wilmot announced that Commissioner Richard Ruckman has received his Planning Commissioner Certification from the Citizens Planning Education Association of Virginia (CPEAV). ADJOURNMENT There being no further business to discuss, the meeting adjourned at 7:45 p.m. by a unanimous 0 vote. Respectfully submitted, k-• .bi T M.[Wilmot, Chairman Eric R. Lawrence, Secretary C� Frederick County Planning Commission Page 2263 Minutes of June 4, 2008