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PC_07-02-08_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 July 2, 2008. PRESENT: June M. Wilmot, Chairman/Member at Large; Christopher M. Mohn, Red Bud District, Gregory S. Kerr, Red Bud District; Gary R. Oates, Stonewall District; Richard Ruck-man, Stonewall District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District, George J. Kriz, Gainesboro District, Charles E. Triplett, Gainesboro District; Gary Lofton, Board of Supervisors Liaison; and Roderick Williams, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee' S. Arlotta, Clerk. 0 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 Triplett, the Planning Commission unanimously adopted the agenda for the July 2, 2008 meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the meeting minutes of May 21, 2008 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 06/26/08 Mtg. Commissioner Unger reported that the DRRS heard from a company who had concerns about the proposed amendment to the height restrictions in the B3 Zoning District, He said after the company Is representatives explained to them how products were stacked within the buildings and with the overhead sprinklers, they believed the 35 -foot height restriction on buildings was low; he said they preferred to see 45 feet. Frederick County Planning Commission Page 2275 Minutes of July 2, 2008 -z- • Commissioner Unger said the majority of persons attending the meeting agreed. They also wanted to see the setback increased from 50 feet to 75 feet. Outdoor storage was also discussed. He said companies wanted to store some of their products on other people's property and after reviewing the details, the DRRS members were not in favor of the proposal. Commissioner Unger said the DRRS discussed Interstate Overlay Signs and would like to restrict those to solely restaurants and motels and remove some of the other miscellaneous advertisers. In addition, street lighting and parking lots were discussed at length. It was decided to seek out lighting manufacturers' opinions of how it should be handled before the DRRS went into it in great depth. Commissioner Oates added that the DRRS also discussed a proposed amendment which would limit the square footage of warehousing in the B3 District to 150,000 square -feet and the DRRS was generally in favor of that proposal, along with a height change. Conservation Easement Authority (CEA) — 06/12/08 Mtg. Conunissioner Watt reported that the two main items of discussion were the planned summer events initiated to further educate the public. He said a summer event is scheduled for mid August at Wayne and Sam Snapp's fans in Marlboro, Virginia. Commissioner Watt said the other item discussed was time lines that people need to meet for future applications. 0 Transportation Committee 06 /23 /08Mtg. Commissioner Kriz reported that the KFH Group Contract from the MPO for the transit study for the County was ready to sign. In addition, he said the coordinated mobility plan has been drafted. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject that was not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING - Conditional Use Permit 905 -08 for Bubbleworks, submitted by Painter- Lewis, PLC, for an off- premise sign. This property is located at the intersection of North Frederick Pike (Rt. 522 North) and Westminster- Canterbury Drive (Rt. 1318). The property is further identified with P.I.N. 53 -4 -2 -D in the Stonewall Magisterial District. • Action — Recormnended Approval with Conditions Frederick County Planning Commission Page 2276 Minutes of July 2, 2008 -3- Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Frederick County Zoning Ordinance specifies that when considering off - premise business signs, additional performance standards should be considered to promote orderly economic development, these performance standards are to ensure that residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. He said these standards shall include: height and size limitations, placement of signs along highway corridors, and illumination of signs to mitigate any negative impacts to adjoining properties and uses. Mr. Cheran stated that the proposed off - premise business sign will be illuminated, it is approximately 15 -feet in height, and has a sign face area of approximately 50 square feet. He said there are two existing business signs on the sign structure advertising Westminster - Canterbury and Bubble Works Car Wash. The proposed off - premise sign will be used solely for Westminster - Canterbury and no other signage will be allowed on this site. Mr. Cheran said the existing sign face size of 50 feet and the existing sign height of 15 feet shall not be increased. He said the proposed sign meets the distance requirements for signagc within the Frederick County Zoning Ordinance. Mr. Cheran next read a list of proposed conditions, should the Planning Commission find the use to be appropriate. Mr. John Lewis of Painter - Lewis, P.L.C. was the representative for this conditional use permit for Bubbleworks. Mr. Lewis said this situation has come about as the result of two land owners who are entering into an agreement to sell their property to CVS Pharmacy, He said CVS Pharmacy would combine the four lots and the Bubbleworks buildings would no longer exist. Mr. Lewis said in order for CVS Pharmacy to go there, they want their own sign. He said it was brought to his attention that the Bubbleworks and Westminster - Canterbury sign would eliminate the opportunity for CVS to have a sign on the parcel because once the four • parcels are combined, there is only one parcel and the ordinance allows only one business sign per parcel. Mr. Lewis explained that changing the status of the Westminster - Canterbury sign to a legally conforming off - premise business sign will allow his client the opportunity to put another business sign on that parcel. Mr. Lewis said this is the first step in trying to get approval of another sign on the single parcel. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Norman Sites, the C.P.A. and representative for two existing businesses in this area, inquired why this action was necessary. Mr. Sites said the other businesses in this area would like to prevent CVS Pharmacy from locating here, as well as placing a sign here, because they do not want to change the business character of the community. He said they would like to go on record and point out that their sign was here first and Westminster - Canterbury was grandfathered. Mr. Sites predicted that these two existing businesses, as they are currently conducted, will fail because they will not be able to withstand this type of change in business character. No other persons wished to speak and Chairman Wilmot closed the public comment portion of the hearing. No issues were raised by Commission members. Upon motion made by Commissioner Ruck and seconded by Commissioner Oates, BE IT RESOLVED, that the Frederick County Planning Conunission does hereby unanimously recommend approval of Conditional Use Permit 405 -08 for Bubbleworks, submitted by Painter- Lewis, PLC, for an off- premise sign located at the intersection of North Frederick Pike (Rt. 522N) and Westminster- Canterbury Drive (Rt. 1318) with the following conditions: Frederick County Planning Commission Page 2277 Minutes of July 2, 2008 -4- • 1. The sign shall be properly maintained. This illuminated off- premises business sign shall not exceed 15 feet in height and 50 square feet in face area. - -- 3. Only the Westminster - Canterbury sign shall be on this sign structure. 4. Any expansion or modification shall require approval of a new Conditional Use Permit. (Note: Commissioner Thomas and Ours were absent from the meeting.) Conditional Use Permit #06 -08 for Barleyfield Farm Cottage Bed & Breakfast for a Cottage Occupation for a bed and breakfast at 967 Marlboro Road (Rt. 631). This property is identified with PIN #74 -A -13A in the Back Creek Magisterial District. Action — Recommended Approval with Conditions Conunissioner Oates said he would abstain from all discussion and voting on this item, due to a potential conflict of interest. • Zoning and Subdivision Administrator, Mark R. Cheran, reported that this proposed two - bedroom bed and breakfast will take place on 27 acres of land in a separate structure from the primary dwelling. He said the applicant will be serving meals as a part of the bed and breakfast use; the nearest adjoining structures are more than 150 feet away; and there will be no employees associated with this proposed use, other than those residing on the site. Mr. Cheran stated that based on the limited scale of the proposed use and evaluation of the property, it appears this proposed would not have any significant impacts on the adjoining properties. Mr. Cheran next read a list of recommended conditions, should the Commission find the use to be appropriate. Mr. and Mrs. Kent Barley, the owners and applicants, were available to answer questions for the Commission. Chairman Wilmot opened the public hearing for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kriz commented that this was a very good facility and wished the applicants success in their business. Commissioner Kriz thought there was a need for several more B &Bs in this County. Comrissioner Unger made a motion to recormmend approval of the conditional use permit with the conditions recommended by the staff. This motion was seconded by Commissioner Watt and unanimously passed. • BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 406 -08 for Barleyfield Farm Cottage Bed & Breakfast for a Cottage Occupation for a bed and breakfast at 967 Marlboro Road (Rt. 63 1) with the following conditions: Frederick County Planning Commission Page 2278 Minutes of July 2, 2008 -5- • 1. All review agency continents and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square -feet in size. 3. No more than two bedrooms to be used with the bed and - breakfast use. 4. Any expansion or modification shall require approval of a new conditional use permit. (Note: Commissioner Oates abstained; Commissioners Thomas and Ours were absent from the meeting.) OTHER Staff Overview of Proposed Ordinance Amendments to the Rural Areas District of the County Code, Chapter 165, Zoning, and Chapter 144, Subdivision of Land Planning Director, Eric R. Lawrence, stated that in two weeks, for the Planning Commission's July 16, 2008 meeting, the staff has one item planned for the Commission's agenda, which is the Rural Areas ordinance amendments. Mr. Lawrence said these amendments are a culmination of efforts undertaken in the last • few months and have been discussed by the DRRS, the Planning Commission, and the Board of Supervisors. He said the Board of Supervisors made some revisions to those draft ordinances for the Rural Areas in June and has directed the staff to take them through as a public hearing item. Mr. Lawrence proceeded to review the most significant proposed ordinance changes with the Commission and answered questions raised by the Conunission. He added that the agenda has already been assembled and adjoining property owner notifications have been mailed. The principal changes were: A decrease in the Rural Areas density. Presently the density is one unit per five acres; the proposed amendment is one unit per ten acres. Increase in the traditional lot size from a five -acre minimum to a ten -acre minimum. A change in the rural preservation tract from a 40% set -aside to a 60% set - aside. The 60% set -aside tract would count towards the overall density for the project; currently, the set -aside tract does not count towards overall density and some deem it as a bonus lot. Mr. Lawrence explained how those persons who have already started the subdivision process will be recognized. He said there are essentially two steps in today's subdivision process Rural Areas and the first step is the sketch plan. Mr. Lawrence said sketch plans for projects already submitted to the County by July 1, 2008, will be given additional time to complete the process. Commissioner Kriz asked if there would be any changes to the family lot. Mr. Lawrence replied • there were no changes to the family lot as proposed: he said the family lot will remain at two acres. Commissioner Kriz inquired how long a family lot must remain within the family before it could be sold. Mr. Frederick County Planning Commission Page 2279 Minutes of July 2, 2008 • Lawrence replied the family lot must be held for five years by the family member. Conunissioner Oates stated that presently a landowner can do a family subdivision with seven acres; he said that is being changed to 12 acres, so anyone with less than 12 acres after this ordinance change will not be able to do a family subdivision. Mr. Lawrence said the intent was not to affect family lots; therefore, the minimum ten -acre lot does not apply in the Rural Preservation or the Family Lot subdivisions. He said thus caveat needs to be emphasized. He said under the new proposal, a landowner with seven acres, whether it is today or after the amendments are adopted, can still do a five -acre parent tract and a two -acre family lot. Other topics of discussion by Commission members included setbacks; the fact that the July 1, 2008 deadline had already passed before the amendments were approved; and the January 9, 2008 administrative approval date, because of the length of time it takes some reviewing agencies, such as the Health Department and VDOT, to provide final comments. Conmussioner Watt asked if the proposed amendments were open for debate or modification at the July 16 meeting. Commissioner Watt believed a small percentage of landowners in the County, especially fanners, would be greatly affected by the proposed amendments. He said farmers are not the ones who have been developing land and fanners have not caused the problems the county is experiencing, but at the same time, they are being asked, with no compensation, to give up half of their lots for the good of the County to cut down on future growth. Conmiissioner Watt said these are three -to -four generation family fanners who have never developed a lot, but suddenly, they are having half of their building lots taken from them. He said if this goes into effect, some compromise needs to be made; he said this was too drastic. • Conmtissioner Kerr's main concern was increasing the lot size from five to ten acres. He said a large portion of the County will be unaffordable for many people to live there. Commissioner Molm said a rationale orjuslification for any of the components of the proposed ordinance amendments is critical. JOINT WORK SESSION Planning Director, Eric R. Lawrence, announced a joint work with the Plamung Commission and the Board of Supervisors is scheduled for August 5, 2008, at 12:00 N_ oon, to review this year's annual Comprehensive Policy Plan Amendments (CPPAs). CJ Frederick County Planning Commission Page 2280 Minutes of July 2, 2008 -7— • STEPHENS CITY APPOINTMENT Chairman Wilmot thanked Commissioner Thomas and Commissioner Unger, who will be representing the Planning Commission on the Stephens City Planning Application Effort dealing with areas recently annexed. She said this appointment will bean on -call basis and Commissioners Thomas and Unger will be sharing the appointment: ADJOURNMENT There being no further business to discuss, the meeting adjourned at 7:55 p.m. by a unanimous vote. Respectfully submitted, u • Frederick County Planning Commission Page 2281 Minutes of July 2, 2008