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PC_09-06-00_Meeting_Minutesi 0 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 September 6, 2000. PRESENT: Charles S. DeHaven, Jr., Chainnan/Stonewall District; John R. Marker, Vice- Chairman, Back Creek District; Greg L. Unger, Back Creek District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; and Robert A. Morris, Shawnee District STAFF PRESENT: Kris C. Tierney, Secretary; Evan A. Wyatt, Deputy Planning Director; Amy M. Lohr, . Planner II; Howard R. Long, III, Planner I; Jeremy F. Camp, Planner I; and Carol I. Huff, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Transportation Committee - 09/05/00 Mtg. Mr. George J. Kriz reported that the Transportation Committee held a public meeting on the Frederick County Secondary Road Improvement Plan. The Committee unanimously approved the plan and, in addition, the Committee added two roads at the airport on the list of unscheduled road improvement projects. • Frederick Count) P' :mung Commission Minutes of September 6, 2000 Page 545 r -2- Economic Development Commission (EDC) - 09/01/00 Mtg. Mr. Roger Thomas reported that the EDC discussed the work plan for the year and the improvements that have been made to the EDC's web site. PUBLIC HEARING Conditional Use Permit #11 -00 of Anthony D. Overbaugh for a Cottage Occupation to construct tree stands. This property is located at 140 Theodore Drive and is identified with PXN. 51- 20 -6 -31 in the Back Creek Magisterial District. f Action - Recommended Approval with Conditions Mr. Howard R. Long, I11, Planner I, read the background information and review agency comments. Mr. Long stated that the permit will allow for the operation of a tree stand constructing business within an existing outbuilding. He said that adjoining properties appear to be adequately separated from the location of the proposed use and mature vegetation surrounding the premises serves as an adequate screen. He added that there will be no retail sales on the site. Mr. Long stated that staff believed the use would be appropriate with the conditions recommended by the staff. Mr. Anthony D. Overbaugh was present to answer questions from the Commission. Mr. • Miller inquired if the tree stands would be constructed of metal or wood. Mr. Overbaugh replied that they were constructed of aluminum. Mr. Thomas asked Mr. Overbaugh if he understood that retail sales at the site were prohibited. Mr. Overbaugh had no problems with this arrangement and stated that he would sell the tree stands through local sporting goods shops. Chairman DeHaven asked the applicant if he was comfortable with all of the conditions as stated and Mr. Overbaugh replied that he was. I There were no citizen comments. Based on the limited scale of the proposed use, the Planning Commission believed the business could operate without significant impact on the adjoining properties. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #I 1 -00 of Anthony D. Overbaugh for a Cottage Occupation to construct tree stands with the following conditions: 1} All review agency comments and requirements shall be complied with at all times. 2) In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 3) All activity associated with the Cottage Occupation shall occur inside a completely enclosed structure. Frederick County Planning Commission Minutes of September 6, 2000 Page 546 -3- 4) No additional employees shall be permitted. ® 5) No retail sales shall occur on the site. 6) Any change of use or expansion of the approved Cottage Occupation shall require a new Conditional Use Permit. Conditional Use Permit #12 -00 of Madison Lodge #6 for a fraternal lodge in an RA (Rural Areas) Zoning District. This property is located on Martinsburg Pike (Rt. 11) North of Winchester, across from the Stonewall Elementary School and is identified with P.I.N. 44 -A -83 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Mr. Jeremy F. Camp, Planner I, read the background information and stated that no negative comments were received from any of the reviewing agencies. Mr. Camp said that nationally chartered fraternal lodges are only permitted in the RA Zoning District with a conditional use permit. He stated that the proposal is to construct a 2,800 square foot fraternal lodge on a five -acre lot; he said that the size of the lodge should not adversely affect the residential/ rural character of the neighborhood. Mr. Camp continued, stating that staff has recognized three issues of concern, which were the occasional increase in traffic associated with lodge meetings and activities, the possible visual impacts of a large sign, and desire for the submittal of a site plan to avoid future powatial problems associated with the construction of the lodge. Mr. Camp read the list of recommended conditions for approval of the permit. Mr. Darren Foltz of Greenway Engineering, was present to represent the applicant. Commissioners asked what type of activities would be conducted at the lodge. Mr. Foltz said that meetings will be held at the lodge twice a month; there are five active members and 15 members on the books; a grounds- keeper will be residing on the premises; they will have 11 -12 parking spaces available and expect 20 -30 vehicle trips per month. Commissioners asked if social functions would be conducted at this location. Mr. Foltz said that the building will not be rented to outsiders for social functions. Commissioners asked if outdoor activity areas are planned, such as softball fields. Mr. Foltz replied that other than horseshoe pits, no other outdoor activity areas are planned. I Chairman DeHaven inquired as to why the applicant did not pursue a,rezoning instead of a conditional use permit, due to the amount of money being invested in the construction of the building. Mr. Foltz replied that the building will be residential in nature and he believed the adjoining property owners would not want to see this property rezoned to business. i Mr. Kris C. Tierney, Planning Director, stated that given the nature of the use and the location, the Commission n- -y want to consider requiring business standards on the site plan iri terms of the parking facility and perhaps a buffer towards the adjoining residential properties. Mr. Jack Roberts, the Noble Grand of Madison Lodge #6, came forward to answer questions from the Commission. Mr. Roberts stated that all social activities and regular meetings will occur inside the Frederick County Planning Commission Minutes of September 6, 2000 Page 547 Pr -4- lodge itself. Chairman DeHaven called for public comments, but no one came forward to speak. Mr. Thomas stated that he would not be in favor of requiring a conditional use in a rural area to meet the standards of abusiness because of the very limited nature of the operation. Mr. Thomas believed that if the building and lot were made to conform to business standards, its visual appearance would be quite obvious in a residential neighborhood. P -sed on the limited scale of the proposed use, the Commission believed the lodge could operate without significant impact on the adjoining residential properties. I Upon motion made by Mr. Light and seconded by Mr. Thomas, 0 BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 12 -00 of Madison Lodge 46 for a fraternal lodge in an RA (Rural Areas) Zoning District with the following conditions: I 1) All review agency comments shall be complied with at all times. 2) A site plan, prepared by a certified engineer, will be submitted and permit is issued. 3) The size of any future sign on the lot shall be limited to 50 square feet. 4) This Conditional Use Permit will only apply to the approved five -acre plat, property identification number when recorded. 5) Any expansion or change of use will require a new Conditional Use Permit. 1 before an occupancy will be given a Conditional Use Permit #13 -00 of Donna Marie Fowler for a Cottage Occupation for an office. This property is located at 111 Front Drive and is identified with P.I.N. 6411-4 -2 in the Shawnee Magisterial District. i Action - Recommended Approval with Conditions Ms. Amy M. Lohr, Planner II, read the background information and review agency comments. Ms. Lohr stated that the Cottage Occupation would allow the applicant to prepare paperwork in association with her business, Fowler Homes. She said that the existing outbuilding, which the applicant plans to remodel, is located to the rear of the home and is separated by an asphalt drive. Occasionally, customers would visit the proposed office in conjunction with the purchase of a home. Ms. Lohr said the applicant has stated that the office would be open from 9:00 a.m. to 4:00 p.m. and would be by appointment only. She added that the existing driveway appears to be adequate to accommodate one or two vehicles in association with the office use. Frederick County Planning Commission Minutes of September 6, 2000 Page 548 -5- Ms. Donna Marie Fowler, the applicant and property owner, was available to answer questions from the Commission. There were no citizen comments. Based on the limited scale of the proposed operation, the Planning Commission believed the business could operate without significant impact on the adjoining properties. Upon motion made by Mr. Miller and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 13 -00 Donna Marie Fowler for a Cottage Occupation for an office at 111 Front Drive in the Shawnee Magisterial District with the following conditions: 1) All review agency comments shall be complied with at all times. 2) In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four square feet in area. 3) All activity associated with the Cottage Occupation shall be accomplished inside a completely enclosed structure. 4) Any change of use or expansion of the approved Cottage Occupation shall require a new conditional use permit. -- ---- - - - - -- Conditional Use Permit #14-00 of Diana Anwar to operate abed and breakfast at 197 Carson Lane. This property is identified with P.I.N. 84 -A -47 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Ms. Amy M. Lohr, Planner II, read the background information and review agency comments. Ms. Lohr explained that the proposed bed and breakfast operation will take place in the existing home. She said that since the scale of the proposed use is more intense than is generally associated with a single - family dwelling unit, it is appropriate to consider this bed and breakfast as a Cottage Occupation. Ms. Lohr said that the applicant has stated that two or three bedrooms would be rented in association with the operation. She said that the Health Department has specified that only one bedroom shall be utilized for the business due to the limited capacity of the existing drainfield. Ms. Lohr said that the applicant is working to expand the existing drainfield in an effort to accommodate more guests. She commented that Conditional Use Permits for comparable bed and breakfast operations of this scale have been limited to three bedrooms. Ms. Lohr continued, stating that the dwelling in which the business will occur is situated on six acres of land and is approximately 200 feet from the Carson Lane right -0f - -way. She noted that the proposed use is consistent with the surrounding land uses. Ms. Lohr next read the staffs recommended conditions for approval of the Conditional Use Permit. • Frederick County Planning Commission Minutes of September 6, 2000 Page 549 r • Ms. Diana Anwar, the property owner and applicant, was available to answer questions from the Commuission. Ms. Anwar stated that she was aware of all the conditions of the permit and was comfortable with them. Commissioner George J. Kriz asked the applicant if she was aware that when more than six non - family members served in the home, an industrial kitchen is required. Ms. Anwar said that she planned to serve only continental breakfasts. There were no public comments. i s The Planning Commission believed that the proposed use would no t impact the existing community in a negative manner, if the applicant complied with all of the review agent comments. Upon motion made by Mr. Marker and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 14 -00 of Diana Anwar for a Cottage Occupation for a bed and breakfast at 197 Carson Lane with the following conditions: 1) All review agency comments and requirements shall be complied with at all times. 2) In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed `arr square feet in area. 3) No more than one bedroom shall be utilized for the bed and breakfast operation, unless otherwise permitted by the Winchester - Frederick County Health Department. 4) Should the Health Department allow additional bedrooms, the total number of bedrooms shall not exceed three. 5) Any expansion of the bed and breakfast beyond three bedrooms shall require a new conditional use permit. Conditional Use Perri property is identified Ms. Lohr pointed omit ti parking area to provide to run the business from that the applicant has s the office. She added th or proprietary medical #15 -00 of Dr. Trevor Collins for a veterinary clinic at 6925 Valley Pike. This th P.I.N. 84 -A -82 in the Opequon Magisterial District. Action - Recommended Approval with Conditions M. Lohr, Planner II, read the background information and review agency comments. the fire marshal has recommended approval, but has specified need for a defined x an unobstructed emergency vehicle access. She explained th currently unoccupied structure, providing consultation and sur led that the bulk of the veterinary practice will continue to be t the applicant has stated that there is no intention of offering the applicant intends ;ry services. She said inducted away from m- medical boarding rredencK county Planning Commission Minutes of September 6,12000 Page 550 -7- Ms. Lohr continued, stating that there is a need for defined parking area, as well as upgrades to the existing entrance; it may be appropriate to require a minor site plan as a condition of this application. She said that in addition, it may be advisable to limit proposed signage. Ms. Lohr next read the staff's recommended conditions for approval. Mr. Thomas inquired about the appropriateness of requiring a sixth condition, which would prohibit the boarding of non - medical animals at the facility. Dr. Trevor J. Collins, the applicant, stated that he would not have a problem with adding a sixth condition, as stated by Mr. Thomas. In response to Mr. Reyes' question regarding elimination of animal wastes, Dr. Collins stated that he will be required to install a separate septic system. Dr. Collins said that most of the business he will be conducting is over the phone and not in the clinic. Dr. Collins inquired of the Commission if there really was a need for a minor site plan when he would not be increasing the size of the existing structure; in addition, he was concerned about Condition #4 which stated that, "All activity associated with the business shall be accomplished inside the existing building." Dr. Collins said that if a client brings a cow or horse in a trailer, he would need to be able to take care of that animal outside, or be able to walk a large animal outside after it has been treated. Commission members believed that Condition #4 would not restrict this type of activity for Dr. Collins. It was also noted that the Health Department has required the removal/disconnection from septic of the existing mobile home and the applicant has agreed to see that this is tamed out. Chairman DeHaven called for public comments and the following person came forward to speak: Ms. Paula A. Nelson, adjoining property owner on both the north and east sides, requested that the existing tree line between the south side of her property and the north side of this property be left intact. Dr. Collins said that he would be willing to keep the tree line intact. Based on the scale of the proposed operation and the history of commercial uses on this site, the Commission was of the belief that this veterinary clinic could operate without significant impact on the adjoining properties, provided that all of the conditions of the permit were met. Upon motion made by Mr. Thomas and seconded by Mr. Fisher, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #15-00 of Dr. Trevor Collins for a veterinary clinic at 6925 Valley Pike with the following conditions: 1) All review agency comments shall be complied with at all times. 2) Approval of this conditional use shall require a minor site plan. 3) Sign for the'proposed use shall not exceed 50 square feet in area. 4) No overnight boarding of animals for non - medical purposes, nor outdoor kennels or dog runs shall be permitted. j Frederick County Planning Commission Minutes of September 6, 2000 Page 551 -g- 5) Any change of use or expansion of the approved veterinary clinic shall require a new conditional use permit. PUBLIC HEARING FOR THE UPDATE OF THE 2000 COMPREHENSIVE POLICY PLAN FOR FREDERICK COUNTY Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that during the Planning Commission's previous meeting, a detailed discussion took place on the proposed amendments to the 2000 Comprehensive Policy Plan for Frederick County. He said that the Planning Commission had no additions or revisions to the information prese..ied by the staff. Mr. Wyatt next proceeded to summarize the{ amendments for the Commission. There were no public comments. No questions or issues were raised by the Commission. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval and adoption ofthe Update of the 2000 Comprehensive Policy Plan for Frederick County as presented by the Comprehensive Plans and Programs Subcommittee and the planning staff. DISCUSSION ITEM PROPOSED AMENDMENTS TO THE B2 (BUSINESS GENERAL) PERMITTED USE LIST No Action Required Ms. Amy M. Lehr, Planner 11, stated that the staff has received a request from Greenway Engineering to consider an amendment to the permitted use list of the B2 (Business General) Zoning District to include all uses in Major Group 79— Amusement and Recreation Services. Ms. Lohr explained that, specifically, they are interested in enabling activities such as swimming pools and court games to be located outdoors. Ms. Lohr stated that the Development Review and Regulations Subcommittee (DRRS) considered this request at their meeting of July 27, 2000 and the general consensus of the members was that outdoor recreation was highly appropriate in the B2 District. She stated that in addition, the committee believed that outdoor recreation facilities were desirable and beneficial to those persons already engaged in commercial activities in the B2 District. Ms. Lohr continued, stating that the DRRS also examined other uses Frederick County Planning Commission Minutes of September 6, 2000 Page 552 I 0 permitted by Major Group 79 and were of the opinion that while the inclusion of many of the uses within this group may be apg-priate within the B2 District, several of the uses would warrant, at a minimum, additional performance standards to ensure their compatibility with the district and surrounding properties. Ms. Lohr next read the DRRS's recommendation for defining the proposed use and allowing it as a permitted use in the B2 District. She added that rather than permitting the entire use group, the DRRS believed that defining and allowing the specific use would be more appropriate. She said that this avoids opening up the district to many significant uses and provides certainty to the County in the type of uses that would be permitted. The Planning Commission believed the amendment as presented was appropriate and directed the staff to proceed with public hearing arrangements for the first available meeting. OTHER Mr. Kris C. Tierney, Director, stated that there are no pending applications or items for business for the Commission's September 20, 2000 meeting. Mr. Tierney said that he has a proposal, however, from the Dogwood Development Group, in arranging a bus tour on the evening of September 20, to a housing project in northern Virginia which is similar to their proposal for the Wheatlands site. I Unon motion made by Mr. Miller and seconded by Mr. Kriz, the Planning Commission unanimously voted to cancel their meeting of September 20, 2000. Chairman DeHaven said that if any of the Commissioners were interested in participating in this tour to let the staff know so that the proper arrangements could be made. ADJOURNMENT No further business remained to be discussed and the meeting adjou I ed at 8:05 p.m. by unanimous vote. Respectfully submitted, L� Charles S. DeHaven it., Chairman '*J • 'Frederick County Planning Commission Minutes of September 6, 2000 Page 553