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PC_09-02-09_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 September 2, 2009. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Brian Madigan, Opequon District; Gary R. Oates, Stonewall District; Richard Ruckrnan, Stonewall District; Laurence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District, Kevin O. Crosen, Back Creek District; Christopher M. Molm, Red Bud District; Roderick Williams, Legal Counsel, and Gary Lofton, Board of Supervisors Liaison. ABSENT: Charles E. Triplett, Gainesboro District STAFF PRESENT: Eric R. Lawrence, Planning Director, Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner, and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. REMEMBRANCE AND RESOLUTION FOR COMMISSIONER GREGORY S. KERR Chairman Wilmot invited the Planning Commission, staff, and others present to stand for a moment of silence in remembrance of Commissioner Gregory S. Kerr, who passed away on August 29, 2009. Commissioner Molm read a Resolution of Appreciation for Commissioner Kerr on behalfofthe Planning Commission. Supervisor Philip E. Lemieux remembered Commissioner Kerr as dedicated representative for the Red Bud District, an enthusiastic and knowledgeable leader in Frederick County, and a devoted husband and father. Supervisor Lemieux asked all present to keep alive the memory of Greg Kerr and his many accomplishments and he thanked Greg Kerr for his service and efforts to make everyone's lives better. • Frederick County Planning Commission Page 2521 Minutes of September 2 2009 -z- ADOPTION OF THE SEPTEMBER 2, 2009, AGENDA ...__ Upon motion made by Commissioner Kriz and seconded byComnussioner Thomas, the Planning Commission unanimously adopted the September 2, 2009, agenda for this evening's meeting. COMMITTEE REPORTS Development Review & Regulations Committee (DRRC) — 8/27/09 Mtg. Commissioner Thomas reported that the DRRC discussed a number of ordinance changes which included the Rural Area (RA) District revisions, Health System and Sewage Disposal ordinance revisions, and an ordinance revision to include commercial indoor recreation as a permitted use in the M I Zoning District. Transportation Committee 8/24/09 Mtg. Commissioner Kriz reported that the Transportation Cormmittee acted on the following agenda items: 1) A recommendation was sent to the Board to fund the I -81 Corridor Coalition in the amount of $500 per year for two years. 2) A recommendation was sent to the Board to add additional rail access in the • Kernsto�an/Shady Elm Road area which would allow Armandale Millwork to expand their business and potentially develop new business. 3) A recommendation was sent to the Board to allow the County Administrator or his/her designee to have VDOT Signatory Authority. 4) An update was presented on Warren Comity's truck restrictions in relation to Double Church Road. 5) An update was presented on VDOT's Economic Development Access Road Policy. The maximum amoral wnmatched allocation per locality has been increased from $300,000 to $500,000. The requirement for private capital outlay was reduced from $10 to $1 to $5 to $1. 6) A recommendation was sent to the Board to support the request of the Northern Shenandoah Regional Commission to purchase buses and shelters for the Park and Ride lots. No fiords were requested from the Board. Comprehensive Plans & Programs Committee (CPPC) — 8/28/09 Mtg. Commissioner Oates reported that two committees met. Commissioner Oates reported that the CPPC discussed the addition of the Perry property on Route 50 with the golf course. He said the committee decided to make a revision to the existing Round Hill Plan and directed Deputy Plaming Director, Michael T. Ruddy, to look into forming either a new zoning district or an overlay district. He said Mr. Ruddy will present both options to the committee next Wednesday, September 9. Comunissioner Oates said the Community Facilities Subcommittee with Jim Goiladay met and they reviewed their portion of the Comprehensive Policy Plan. He said committee members also spoke with a couple of different agencies about getting ready for the CIP (Capital Improvements Plan) this year. Q Frederick County Planning Commission Page 2522 Minutes of September 2, 2009 -3- ® CITIZEN COMMENTS Chairman Wilmot called for public conunents on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Conditional Use Permit 906 -09 of Powell's Investments, LLC for a public garage without body repair at 214 Waterloo Court. This property, zoned RA (Rural Areas), is identified with P.I.N. 65 -A -130 in the Shawnee Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that public garages without body repair are permitted in the RA (Rural Areas) District with an approved CUP (conditional use permit), provided all repair work takes place entirely within an enclosed structure. Mr, Cheran said the proposed use will be conducted in an existing 2,408 square -foot structure, on a.33-acre parcel. He said the staff is reconunend'ung that only two employees be allowed with this proposed use and no more than five vehicles awaiting repair be allowed at one time. Mr. Cheran said this property is not in an area where a small area land use study has been adopted; however, land use goals for the rural areas of the county identify the importance of maintaining the rural • character in areas outside of the Urban Development Area (UDA). He noted that this proposed public garage is surrounded by RA -zoned properties with residential dwellings; he said careful consideration should be taken to mitigate any negative impacts to adjacent properties, and additional conditions may be warranted. Mr. Cheran next read a list of recommended conditions, should the Commission find this use to be appropriate. Commissioner Thomas remarked that the permit states the property has been used for business since the 1960s; lie asked if this property has been grandfathered or if it has been operating without a permit and in violation for that long. Mr. Cheran replied this is where Mr. Powell's business actually started; however, he grew out of this location and moved to an industrial park. Mr. Cheran said the building was then used for a woodworking shop from 2001 through 2009. Mr. Cheran explained that this application for a CUP is in response to a zoning violation that staff received. He said the applicant was cited for operation of a public garage without an approved CUP; he said obtaining a CUP is an available option to resolve this violation. Commissioner Molm asked if the complaint the staff received was about its operation and impacts or was it exclusively because there was a business and its legitimacy. Mr. Cheran replied that the complaint arose from an advertisement that appeared on Route 50 and coupons sent through the mail; he said the complaint did not arise from activities at the site. Chairman Wilmot inquired about the Health Department comments and if the pump and haul option was due to the absence of a well and septic system. Mr. Cheran stated that the County Administrator's Office will approve Mr. Jenkins' pump and hard permit, if the CUP is approved. He said if the applicant cannot meet the Health Department requirements of the pump and haul permit, the CUP will be void. Commissioner Unger asked about the proposed screening for the site and Mr. Cheran explained • where the applicant has agreed to place opaque fencing. Frederick County Planning Commission Page 2523 Minutes of September 12009 • Mr. John Powell, the applicant and owner of the property, said the subject property is currently leased. Mr. Powell asked the Commission about amending two of the reconnmended conditions: Condition 42, he asked if it could be rewritten to state, "The applicant will be limited to only five vehicles on site at anytime awaiting repair," and Condition 44, rewritten to state, "Operation limited to up to four employees." Responding to a previous question about the Health Department requirements, Mr. Powell said a health system is currently on site with indoor facilities, he commented there was never an issue with its operation. Mr. Powell described the health system on the site as a pit privy' lie said this type of system was installed back in the 50's. He explained that a hole is dug and filled with gravel and lined with pipe. He said the location was a distance from water streams and sources. Mr. Powell said there is a Class 33 water well on the site. Mr. Powell explained that this building was used as a trucking terminal prior to 1970, he said he moved his company there in 1989. Mr. Powell believed he was grandfathered regarding the use of this site, he noted that back in 1990 -91, he received county approval to place a business sign on Route 50. He commented the site has never been vacant. Mr. Powell pointed out the locations where Ire planned to place the opaque fencing. He added that all work will be done inside the building and he did not believe noise would create an impact. Commissioner Thomas asked if there would be an oil and grease separator or any floor drains. Mr. Powell replied no, he said the mechanic uses a refinery to dispose of oil and grease. Commissioner Crosen asked Mr. Powell if Ire had recently dug up the health system to see if it was working properly and Mr. Powell replied that he did so a couple months ago and everything looked operational. Chairman Wilmot opened the public hearing and asked for anyone wishing to speak regarding this proposed CUP. No one came forward to speak and Chairman Wilmot closed the public hearing. ® Conunissloner Manuel made a motion to approve CUP 406 -09 widen the followingmodificatious to the staffs reconunended conditions: Condition 42, "The applicant will be limited to up to eight vehicles (dmree inside garage and five awaiting repair outside) on site at anytime awaiting repair," Condition 44, "Operation limited to up to four employees;" and Condition 47, "Hours of operation shall be from 7:00 a.m. to 7:00 p.m. No Sunday operations." This motion was seconded by Commissioner Ambrogi and was unanimously passed. BE IT RESOLVED, that the Frederick County Platuming Conmmission does hereby unanimously reconunend approval of Conditional Use Permit 406 -09 of Powell's Investments, LLC for a public garage wthout body repair at 214 Waterloo Court with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to eight vehicles (three inside garage and five outside) on site at anytime awaiting repair. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to up to four employees only. 5. All repair activities shall occur entirely within the enclosed structure. 6. Any proposed business sign shall conform to cottage occupation sign requirements and shall not exceed four square -feet in size. Frederick County Planning Commission Page 2524 Minutes of September 2, 2009 -5- • 7. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. No Sunday operations. 8. Any expansion or change of use shall require a new conditional use permit. (Note: Conunissioner Triplett was absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 606, Ml (Light Industrial) Zoning District, Subsection 02, Allowed Uses. This revision will add Standard Industrial Classification (SIC) 3482 and 3484, Fabricated Metal Products, to the permitted uses in the MI (Light Industrial) Zoning District. Action — Recon Approval Senior Planner, Candice E. Perkins, reported that Frederick County has received a request to add portions of Standard Industrial Classification (SIC) 34, Fabricated Metal Products, to the permitted uses in the M 1 (Light Industrial) Zoning District. She said specifically, this is a request to add small arms anvnunition and small arms manufacturing to the M1 Zoning District, Ms. Perkins noted that the revision would still exclude SIC 3483 and 3489. She added that the use would be regulated by the lntemational Fire Code and the Building Code. Ms. Perkins said the Board of Supervisors approved this item to be sent to public hearing at their meeting on August 12, 1009. • Chairman Wilmot called for any public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. There were no questions or issues raised by the Commission. Commission members believed this amendment had been thoroughly discussed and they were in favor of the revision. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commnission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 606, M1 (Light Industrial) Zoning District, Subsection 02, Allowed Uses. This revision will add Standard Industrial Classification (SIC) 3482 and 3484, Fabricated Metal Products, to the permitted uses in the M 1 (Light Industrial) Zoning District. (Note: Commissioner Triplett was absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 201, Supplementary Use Regulations, Subsection 05, Secondary or Accessory Uses. This revision will allow for accessory retailing in the OM (Office Manufacturing Park) Zoning District, the MI (Light Industrial) Zoning District, and the M2 (Industrial General) Zoning District. Frederick County Planning Commission Page 2525 Minutes of September 2, 2009 • Action — Recommended Approval Senior Planner, Candice E. Perkins, reported that this revision to Subsection 165- 201.05 will allow for accessory retailing in the OM (Office Manufacturing Park), the M1 (Light Industrial), and the M2 (Industrial General) Zoning Districts with the same conditions placed on the 133 (Industrial Transition) District. Ms. Perkins said the revision states that accessory retailing would be restricted to no more than 15% of the gross floor area and shall not exceed 2,000 square feet. She said there is also a revised definition proposed with this amendment. She added that on August 12, 2009, the Board of Supervisors approved this item for a public hearing. Chairman Wilmot called for any public continents. No one came forward to speak and Chairman Wilmot closed the public continent portion of the hearing. There were no questions or issues raised by the Commission. Commission members believed this amendment had been thoroughly discussed and they were in favor of the revision. Upon motion made by Conuuissioner Thomas and seconded by Conunissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 201, Supplementary Use Regulations, Subsection 05, Secondary or Accessory Uses. This revision will allow for accessory retailing in the OM (Office Manufacturing Park) Zoning District, the M I (Light Industrial) Zoning District, and the M2 (Industrial General) Zoning District. (Note: Commissioner Triplett was absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 202, Off - Street Parking, Loading and Access, Subsection 01, Off - Street Parking, Parking Lots, and Article I, General Provisions, Amendments, and Conditional Use Permits, Subsection 02, Definitions and Word Usage. This amendment will revise standards for off - street parking and parking lot requirements. Action — Recommended Approval Senior Planning, Candice E. Perkins, reported that this is a relatively comprehensive change to the off - street parking and parking lot standards. Ms. Perkins reviewed each of the major sections with the Planning Commission which included: Required Off - Street Parking Spaces Changes in Use Procedure for Adjustments to Parking Requirements Parking for Mixed Uses and Loading Facilities Captive Market Spaces Behind Buildings Parking Limit for Certain Commercial Vehicles Parking Lots- Surface Material Parking Lots Curb, Gutter. and Islands Low - Impact Design Setbacks Parking Space Size and Aisle Requirements and Definitions She added that of August 12, 2009. the Board of Supervisors directed this amendment be scheduled for a public hearing. Chairman Wilmot called for any public comments. Noone came forward to speak and Chairnan Wilmot closed the public comment portion of the hearing. Frederick County Planning Commission Page 2526 Minutes of September 2, 2009 -7- • There were no questions or issues raised by the Commission. Commission members believed this was a good revision and it will allow for low- impact designs. They commended the staff for their work on this amendment and they were in favor of the revision. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article I1, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 202, Off -Street Parkvng, Loading and Access, Subsection 01, Off - Street Parking, Parking Lots, and Article I, General Provisions, Amendments, and Conditional Use Pemhits, Subsection 02, Definitions and Word Usage. This anhendmentwill revise standards for off -street parking and parking lot requirements. (Note: Commissioner Triplett was absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article 1, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, Subsection 02, Definitions and Word Usage. This amendment will revise the definition of "dwelling" and "dwelling, attached." Action - Reconunended Approval • Senior Plainer, Candice E. Perkins, reported that this amendment is a proposed revision to the definition of "dwelling, -= as well as "detached dwelling," contained within the definition section ofthe ordinance. She said the changes will include adding the word, "residential," to the definition of duelling and expands the definition of "attached dwelling" to update as well as to distinguish it from some of the other housing types currently permitted in the ordinance and how it is connected to other units. She said the Board of Supervisors directed the staff on August 12, 2009, to schedule this proposed amendment for a public hearing, Chainnan Wilmot called for any public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. There were no questions or issues raised by the Commission. Commission members believed this amendment had been thoroughly discussed and they were in favor of the revision. Upon motion made by Commissioner Thomas and seconded by Cormmissioner Kriz. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article I, General Provisions, Amendments and Conditional Use Permits, Part 101, General Provisions, Subsection 02, Definitions and Word Usage. This amendment will revise the definition of "dwelling" and "dwelling, attached." (Note: Commissioner Triplett was absent from the meeting.) • Frederick County Planning Commission Page 2527 Minutes of September 2, 2009 An ordinance to amend the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design �. Standards, Subsection 18, Sidewalks and Pedestrian Walkways, Subsection 19, Streetlights, and Subsection 33, Commercial and Industrial Design Standard Exemptions. The revisions to Subsection 144- 18 will require sidewalks along existing streets as well as proposed streets in the RP (Residential Performance) District, the R4 (Residential Planned Community) District, the R5 (Residential Recreational - Development) District, and the MS (Medical Support) District; Revisions to Subsection 144 -19 will remove lot size requirements; and Revisions to Subsection 144 -33 will remove the sidewalks and pedestrian walkways exemption for commercial and industrial properties. Action — Recommended Approval Senior Planner, Candice E. Perkins, reviewed with the Con the three sections of the Subdivision Ordinance that were changing. Those sections included: Section 144 -18, Sidewalks and Pedestrian Walkways; Section 144.19, Streetlights; and Section 144 -33, Commercial and Industrial Design Standard Exemptions. Ms. Perkins said the Board of Supervisors directed the staff on August 12, 2009, to schedule this proposed amendment for a public hearing. Chairman Wilmot called for any public comments. No one came forward to speak and Chainuvr Wilmot closed the public connnent portion of the hearing. There were no questions or issues raised by the Commission. Commission members believed this amendment did much to clarify the ordinance and make the ordinance easier to use. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, • BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 144. Subdivision of Land, Article V, Design Standards, Subsection 18, Sidewalks and Pedestrian Walkways, Subsection 19, Streetlights, and Subsection 33, Commercial and Industrial Design Standard Exemptions. Therevisiors to Subsection 144 -18 will require sidewalks along existing streets as well as proposed streets in the RP (Residential Performance) District, the R4 (Residential Planned Community) District, the R5 (Residential Recreational Development) District, and the MS (Medical Support) District, Revisions to Subsection 144 -19 will remove lot size requirements, and Revisions to Subsection 144 -33 will remove the sidewalks and pedestrian walkways exemption for commercial and industrial properties. (Note: Commissioner Triplett was absent from the meeting.) ADJOURNMENT No further business remained to be discussed. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the meeting was adjourned at 7:45 p.m. by a unanimous vote. ot, Chairman �r , Eric R@ Laxvrence, Secretary Frederick County Planning Conunission Page 2528 Minutes of September 2. 2009