At a regular meeting of the Planning Commission of the County of Warren held in the Warren County Government Center Board Room on January 14, 2015:

Transcription

1 At a regular meeting of the Planning Commission of the County of Warren held in the Warren County Government Center Board Room on January 14, 2015: Present: Absent: Robert Myers, Vice-Chairman; Lorraine Smelser, Scott Stickley, Hugh Henry, Ralph Rinaldi; also present Taryn Logan, Planning Director; Dan Whitten, Assistant County Attorney; Matt Wendling, Planner; Cindy Kokernak, Secretary; and Alex Bridges of the Northern Virginia Daily. None Call to Order: Ms. Logan called the meeting to order at 7:00 pm. Election of Officers: Ms. Logan asked if there was a nomination for Chairman. Mr. Stickley nominated Robert Myers to be elected as Chairman; Ms. Smelser seconded the nomination. Ms. Logan asked if there were any further nominations. As there were no other nominations, Ms. Logan declared the nominations closed. Mr. Myers was elected Chairman by unanimous vote. Ms. Logan asked if there was a nomination for Vice-Chairman. Mr. Myers nominated Scott Stickley to be elected as Vice-Chairman; Mr. Henry seconded the nomination. Ms. Logan asked if there were any further nominations. As there were no other nominations, Ms. Logan declared the nominations closed. Mr. Stickley was elected Vice-Chairman by unanimous vote. Ms. Logan asked if there was a nomination for Secretary. Ms. Smelser nominated Cindy Kokernak to be elected as Secretary; Mr. Stickley seconded the nomination. As there were no other nominations, Ms. Logan declared the nominations closed. Cindy Kokernak was elected Secretary by unanimous vote. Page 1 of 13

2 The Planning Commission members then took their seats on the dais. Chairman Myers thanked the Planning Commission for his election as Chairman and promised to do his best to fulfill their expectations. Adoption of Agenda: Chairman Myers announced the first order of business was to adopt the agenda. Ms. Smelser moved to adopt the agenda as presented and Mr. Stickley seconded the motion which passed on the following vote: Ayes: Myers, Stickley, Smelser, Henry and Rinaldi Approval of Minutes: On a motion by Mr. Stickley and seconded by Ms. Smelser, the regular meeting minutes of December 10, 2014, were approved as presented by the following vote: Ayes: Myers, Stickley, Smelser, Henry and Rinaldi Public Presentations: Public presentations are limited to issues that are not included on the meeting agenda. It is intended as an opportunity for the public to give input on relevant planning issues and not intended as a question and answer period. Chairman Myers asked if anyone had presentations to bring before the Planning Commission. There were no public presentations. Conditional Use Permit: Matt Kull Chairman Myers introduced that this request is by Matt Kull for a Conditional Use Permit for a short-term tourist rental, located at 28 Twin Oaks Road (formerly 1776 Panhandle Road), zoned Agricultural (A) and identified on tax map 35, as parcel 12D2. Page 2 of 13

3 Mr. Wendling stated that the applicants have taken jobs across country and are planning on moving in the near future. They would like to keep this house in order to have a place to reside in when visiting friends and family in the area, and in the meantime would like to rent it out on a short-term basis to justify the financial cost in keeping the property. They have contracted with All Star Lodging in Luray to manage the property and market the short-term tourist rental, if approved. This company will be the local point of contact for any issues that may arise with renting the property. The property has been approved by the Health Department for two (2) bedrooms, three hundred (300) gallons per day septic system, with a maximum occupancy of four (4) persons. There is adequate room for parking of the vehicles in the driveway and garage. The applicant has posted his property boundaries with tape and Staff will verify that during the site visit along with any of the other supplemental requirements that are deemed necessary. River Oak HOA has submitted a letter stating their support of this application. The short-term tourist dwelling meets the setback requirements to adjacent single-family dwellings. The closest structure is two hundred and eighty (280) feet away. If the Planning Commission is to approve of this application, Staff recommends the following conditions: 1. The applicant shall comply with all Warren County Health Department and Warren County Building Inspections regulations and requirements. 2. The maximum number of occupants shall not exceed four (4) as determined according to the Health Department permit for a two (2) bedroom dwelling with a maximum occupancy of four (4) persons at 300 gallons per day (GPD). 3. The applicant shall have the well water tested annually and a copy of the results shall be submitted to the Planning Department and Health Department. 4. The applicant shall have the septic system inspected annually by a DPOR licensed inspector and a copy of the results shall be submitted to the Planning Department and Health Department. The system shall also be pumped every five (5) years as recommended by the Health Department. 5. The property shall be in compliance with Section of the Warren County Zoning Ordinance regarding supplemental regulations for short-term tourist rentals which includes a property management plan to be submitted to the Planning Department prior to staff issuing a certificate of zoning for this use. Page 3 of 13

4 6. The applicant shall register with the Commissioner of the Revenue s office for transient lodging tax purposes. 7. The woodstove chimney shall be cleaned and serviced on an annual basis. This application has been properly advertised. The adjacent property owners have been notified. Mr. Wendling offered to answer any questions and the applicant was at the meeting and available to answer any questions. Chairman Myers opened the Public Hearing and recognized Mr. Kull as having signed up to speak. Matt Kull stated that he and his girlfriend, Kara Tennant, reside at 28 Twin Oaks Road. They have met many of the conditions, especially following the new ordinance. They have purchased new fire extinguishers at Lowe s and just had their carbon monoxide and smoke detectors checked. They now have four (4) in the house. There are no issues with neighbors. They have upgraded the house for the water; they recently had it tested and installed a UV filtration system which is almost 100% guaranteed. They have to change the bulb once every year. They have had their chimneys and wood stove serviced. Their septic tank was just recently pumped. It is a good set of benchmarks and they have been complying. He met with Mr. Wendling at the property and posted the signage. Chairman Myers acknowledged Ms. Tennant and asked if she had anything to add which she did not. As there was no one else wishing to speak, Chairman Myers declared the Public Hearing closed. Ms. Smelser moved the Planning Commission forward this application to the Board of Supervisors with the recommendation to approve the Conditional Use Permit request of Matt Kull for a short-term tourist rental with the conditions as recommended by Staff. Mr. Stickley seconded the motion which was approved by the following vote: Ayes: Myers, Stickley, Smelser, Henry, Rinaldi Page 4 of 13

5 Authorization to Advertise: John Kovac Chairman Myers introduced that the applicant is requesting a Conditional Use Permit for a private use camping. The property is located off of Beech Road in Shenandoah Shores Subdivision, is zoned Residential-One (R-1), and identified on tax map 13C, section 1, block 1, as parcel 206. Mr. Wendling stated that the front portion of this property is located in the Special Flood Hazard Area. The applicant recently purchased the property and came to the Planning Department to inquire what permitting he needed to build an accessory structure on this vacant river-front lot. The applicant plans to primarily use this lot for kayaking, boating, fishing and picnicking with family and friends. He does not have any intent to camp on this lot. He has spoken with the POA for Shenandoah Shores and they do not allow camping on their river lots. Mr. Kovac just wants to have a structure on the lot. By obtaining a Conditional Use Permit, this would establish it as a recreational lot and allow him to put the structure in the Special Flood Hazard Area adjacent to it. Mr. Kovac is not here as he is out of the country for a couple of months; however, he does have a representative here and if you have any questions for me or his representative, we would be happy to answer them for you. Michael Ordower, a friend of John Kovac, addressed the Planning Commission. Mr. Ordower stated he has known Mr. Kovac for about fifty (50) years and knows his intentions in building this structure are for recreational purposes. He further stated it has not been mentioned that Mr. Kovac would also like to have a garden there as he lives on a mountaintop that is quite wooded. Mr. Kovac doesn t have any garden space at all and gardening is one of his retirement/recreational activities. Chairman Myers asked if there was sufficient area outside of the flood plain for gardening. Mr. Wendling shared that these lots sit fairly high up off of the river and that it would take a significant flood to disturb the area. It is a flat area. A good portion of this road has some fairly old growth trees and there is only one (1) house at the very end of Beech Road, and then there is another house that was dismantled and demolished a couple of years back. I don t know if that is ever going to be rebuilt. Primarily, most of these lots are just really for recreational lots because there is a very steep embankment to the rear of these properties. Mr. Kovac mentioned that he would probably put a shed to the rear of the property and it would just be for keeping his maintenance tools and any recreational Page 5 of 13

6 equipment. Usually that flood plain dirt is pretty good so it might be an appropriate place to have a fairly good-sized garden. Chairman Myers stated that his only concern is with it being in the flood plain and if the river gets up with the erosion therein. Mr. Wendling said that as far as flood plain management goes, he d rather see a garden be washed away than a structure. Hopefully, this may set a precedent for some of the property owners there. It will allow them to utilize those lots for recreation, for this type of thing, and be able to enjoy the lots and justify the expense in the cost of it. Mr. Rinaldi stated that this application is for private use camping and if the subdivision doesn t allow camping on individual lots, is that what we re saying? Mr. Wendling said that he doesn t have anything from Mr. Burroughs yet regarding this. Ms. Logan shared that she has been told by several people that Shenandoah Shores does not allow private use camping. Mr. Wendling stated that not camping is something the POA would have to enforce. If the Planning Commission feels that we should put that down as a condition, that s fine. The POA would enforce that. Mr. Kovac s intention is not to camp. He fully intends just to use it for gardening and other recreational activities. Mr. Rinaldi shared that he is asking this because it says private use camping on the Staff Report and on the application. Mr. Wendling said that private use camping is the use that is identified for this type of application for these river lots. He said he feels it encompasses recreation as a whole, not just camping. Ms. Logan stated that you could add a condition that camping would only be permitted with permission of the homeowners association if you wanted to. The Board of Supervisors might feel that would be an appropriate condition as well. Chairman Myers added all covenants of the HOA being enforced. Mr. Wendling stated he would note that and add that to the conditions at the next Public Hearing. Then if they do camp, they would be required to meet the Page 6 of 13

7 other camping requirements that the Code requires, the supplemental code requires. Mr. Rinaldi just does not want to say yea on something and it has camping in there, knowing that Shenandoah Shores doesn t allow this. It is protecting us. Mr. Henry shared that they had also determined a while back that the Planning Commission or the Board of Supervisors does not enforce covenants. Mr. Wendling stated we would not enforce that unless we had it as a condition, and that condition would be based on if the POA did allow or did not allow the camping. We would enforce it then. If he was camping, then he would be in violation of that condition, if we chose to have that put on there. Mr. Whitten added that the Conditional Use Permit applies to the land, not the owner. So, if he sells the lot then the next owner could come in there and camp, even though Mr. Kovac doesn t have intentions to camp. The next person that comes along might want to camp, so that is why now you may want to consider conditions long term to protect the neighbors and the neighborhood. Mr. Wendling stated he would add that, if the Planning Commission so chooses, before the Public Hearing. At the Public Hearing, he will state the conditions. Mr. Stickley moved the Planning Commission authorize the proposed Conditional Use Permit of John Kovac for advertisement for a Public Hearing. Mr. Henry seconded the motion which was approved by the following vote: Ayes: Myers, Stickley, Smelser, Henry, Rinaldi Comprehensive Plan Review CP County of Warren Thompson Park Kiss and Ride Chairman Myers introduced that this is a review of a proposed school bus turnaround and public park site. The property is located off Route 638 (Freezeland Road), is zoned Agricultural (A), and is identified on tax map number 23, as parcels 12 and 13. Ms. Logan shared that the Warren County Zoning Ordinance requires no public building or public structure shall be constructed, established or authorized until the general location or character and extent thereof has been submitted to and Page 7 of 13

8 approved by the Planning Commission as being substantially in accord with the adopted Comprehensive Plan. The Commission may hold a Public Hearing if it feels that one is necessary. The Commission shall communicate its findings to the Board. This is a request from the County for a determination that a proposed site for a public park and school bus turnaround, on property located off of Freezeland Road, is in compliance with the Warren County Comprehensive Plan. The County has obtained 3.19 acres of land along Freezeland Road from the Virginia Department of Game and Inland Fisheries. The property is located on tax map 23, as parcels 12 and 13. The proposed use of this property is for a school bus drop-off area and pick-up site for students in an effort to create a safer environment for students and parents. Currently, our school system picks up children at a number of informal bus stops along Freezeland Road. None of these facilities provide adequate parking and they present numerous safety issues. Due to the large number of homes, the County feels this school bus dropoff will provide a more permanent solution to this problem. The County is also proposing the development of a pocket park at this site that will include both small and large playground equipment, along with a shelter that can be utilized by parents and students while waiting for their bus to arrive. The park and shelter will serve more than 1,500 residences in the Linden area in the Shenandoah Farms, Skyland Estates, Freezeland Manor, and Blue Mountain subdivisions. This project will be very similar to the Linden Park that the County developed several years ago on Dismal Hollow Road. The County did a Parks and Recreation Plan in 2006, and in that plan one of the goals was to provide pocket parks throughout the community. We also have a goal in our Comprehensive Plan to expand recreation activities and sites to all areas of the County. A site plan has been developed and it has been sent out for comments to VDOT, the Building Inspections Department for Erosion & Sediment Control and the School Transportation Office. Ms. Logan is submitting the plan to the Department of Environmental Quality and is awaiting comments back. The site plan will then come in front of the Planning Commission for approval. First, the Commission had to do the Comprehensive Plan Review of the site. Ms. Logan offered to answer any questions. There is a sketch in the Planning Commission packets from Land Planning & Design Associates. They prepared some of the site plan along with their engineer and this sketch. Mr. Henry asked if the State funds any of this kind of project or is it purely the County. Ms. Logan said it is purely the County. We may have grant opportunities and may be submitting requests to local civic organizations. The Linden Rotary Club built the shelter at the Kiss & Ride off of Dismal Hollow Road. There are different funding opportunities that will be pursued. Some of the work can be done by the County s Parks and Recreation staff. They actually have been Page 8 of 13

9 building the Rockland Park shelter. They have been doing the majority of the work there. They are very talented. We have a good crew. Mr. Wendling said that the Anti-Litter Council will probably provide some funding for the trash bins and recycle bins also. That sometimes can add up. They have money in their budget for that. Mr. Henry asked when the Linden site was approved, how did the County acquire that land. Ms. Logan said the land was through a rezoning that occurred on the property for Dave Barnhart. Mr. Barnhart had bought that property; he requested a rezoning to Commercial (C) to do mini-storages and through that process he proffered an acre and a half site to the County for a public park and school bus turnaround. Mr. Barnhart actually did not end up doing the development but he did deed the property to the County as he had promised. That is how that came about. It was in 2007 when the rezoning came through. It was the old turkey farm property. Mr. Henry inquired if what was left for that is still approved for mini-storages. Ms. Logan said it is Commercial (C) and she cannot remember exactly what the proffers said specifically; however, she believes it limits the uses in that zone, not specifically only for mini-storages but for limited uses. Chairman Myers said he remembers the turkey farm well. He used to live in Apple Mountain and on a foggy night well, you know. Ms. Logan shared that the property for the Thompson Park Kiss and Ride came from the Game and Inland Fisheries. We are always looking for different opportunities throughout the County. Mr. Rinaldi stated it is most definitely needed. Chairman Myers added that anything you can do to make a common point off the streets for collecting children getting on the bus and keeping them out of traffic is good. Ms. Logan said that a map was done showing all the school bus stops that are being done right now. It is a dangerous road with many stops on that road. With the High Top Road upgrade, there is a little area for the school bus to turn around on that road. This is one area where they can get off the main road and this is further up. This would help the ones further up the road. Page 9 of 13

10 Chairman Myers inquired if there were any plans for lighting. Ms. Logan did not ask the engineer to do that at this time. No lighting is going to be proposed right now. Mr. Stickley said he assumes that approvals will be secured within a couple of months and asked when are they looking to put out the bid and starting construction. Ms. Logan is putting together a schedule as the County is working on other projects right now. We have to line this up with our Parks and Recreation staff availability. We would like to have this ready for the next school season at least to where we ll have the school bus turnaround and then begin finding funding for the park, the playground equipment, and shelter. Chairman Myers commented that would establish the bus route at the start of the school year. Mr. Stickley stated that finding the location of the proposed Thompson Park Kiss and Ride site is substantially in accord with the adopted Comprehensive Plan or part thereof, he moved the Planning Commission approve the request of the County of Warren. Ms. Smelser seconded the motion which was approved by the following vote: Ayes: Myers, Stickley, Smelser, Henry, Rinaldi Commission Matters Ms. Logan shared that the Planning Department Staff sat down and went over what our department goals are for this year. The Planning Commission members had a list of our goals in their packet. There are currently four (4) of us in the Planning Department and we are currently without a Zoning Administrator. There is a request on the Board of Supervisors agenda next week to have that position reclassified as a Zoning Officer and there is a new job description. We will have to see if the Board of Supervisors approves that. We will probably be able to fill that vacancy, but that position is going to be reconfigured. In the goals where it refers to Doug; Doug is our GIS Coordinator. He will be coming to our next meeting and do a quick overview of our new GIS website. Some of these goals go with what he is working on. He has a lot of great ideas and he is very energetic. He has been a good addition to our Page 10 of 13

11 department. One thing under the Planning Commission is (and Hugh actually reminded me of this after he went to his training) to adopt an Implementation section and schedule for our Comprehensive Plan. We didn t do that in the last update. That will be brought forward to the Planning Commission. The Board of Supervisors does goals each year and right now the Staff is getting comments to Doug about what we want to add for the Board of Supervisor goals, and one will be for the Planning Commission to review our capital improvements plan because it is time to do that again. This is just an overview of what we have planned for the year. Some of them are very minor and others are bigger. Regarding the completion of the power plant, Ms. Logan has been working with them as far as their zoning compliance and they have a member of Dominion who is going to be there through June to finish their zoning, landscaping, noise testing, and meeting all the conditions on their Conditional Use Permit. Although it is up and running, there are still some smaller things to take care of. We are also working hard on getting software put in place between the Building Inspections Department, County Planning and Zoning and Town Planning and Zoning, so that we are all linked. Hopefully, it will result in good communication between the agencies since we are all not right here together. That has been a big task that we are hoping to have up and running by the beginning of July. Some of these are very minor, like brochures. Now the Planning Commission will have an idea of what we all should be working on. If any members have any goals for the Planning Commission, Ms. Logan would like to know and she will be happy to add them to the list. Chairman Myers said it looks very busy. Mr. Rinaldi shared that he goes to school January 29 th and 30 th. Cindy has me all signed up so we are good to go there. The class is in Richmond, and he is looking forward to it. It should be a great learning experience. Chairman Myers stated that his first classes were in Richmond and that it is a great experience. Mr. Henry shared that he enjoyed the class. He is excited to look at the goals provided by Ms. Logan. He has been reading a little bit of the Comprehensive Plan and is interested to see how the implementation schedule comes out. Mr. Henry inquired as to when they will start the implementation schedule for approval. Ms. Logan stated that they will start within the next few months while they don t have anything huge on the agenda that is really controversial. There were twenty (20) Conditional Use Permits last year. We are in the process of putting together our Annual Report. She hopes to have that on the agenda in February. Page 11 of 13

12 State law requires the Planning Commission to report what they have done each year to the Board of Supervisors, so that report will be coming next month. Cindy has been helping put together the charts, and Matt has some charts. Most of our Conditional Use Permits were probably short-term tourist rentals. Chairman Myers said as far as his matters, there are just not enough hours in the day. Mr. Stickley and Ms. Smelser had nothing to share at this time. Mr. Whitten is going down to Richmond on February 5 th for the County Government Day with a few of the Board members and Doug Stanley to talk to our Delegates and State Senator about what kind of bills they will be considering to pass this year. They will present resolutions where the County is supporting or objecting to different bills. It is always interesting learning what the General Assembly is planning. It is a short session this year and everyone is up for election so you don t see quite as much commotion. Most of this session will be dealing with ethics reform and gun control. They probably won t be dealing too much with planning issues. If he sees any bills, he will definitely let the Commission know. It should be an interesting session. Ms. Logan shared that for the shopping center update, the Planning Department received the ALDI grocery store site plan. That is currently under review. They also received a site plan for a gas station at Wal-Mart. They have been talking about it for several years and that came in. We have those two site plans. She had forwarded the Planning Commission members an about the Morgan Ford Bridge public meeting. It is on February 4 th, from 4:00 pm to 7:00 pm, at North Warren. Just keep that in mind. Mr. Henry asked if they should attend or should they stay home on purpose. Ms. Logan shared that it would be good for them to attend it if they have time. All you do is drop by, sign in, look at the rendering, fill out a form with your thoughts about it; it is a good process. If you have time to drop in within that period it would be good. Chairman Myers stated it is essentially the same that the Town did with Leach Run Parkway; walk in, look over the plans, say your opinion and go from there. Mr. Henry asked if that bridge will still come to Planning or after that where does it go. Page 12 of 13

13 Ms. Logan said that it will just go to VDOT. It will not come through us. They are looking for public input. That is the purpose of the meeting. It will be good if you can stop by and fill out the form. Mr. Whitten said he thinks it s rated a two (2) out of one hundred (100). So you can t get much worse than that. Ms. Logan added that she attended a VDOT training that was pretty interesting because a new bill is coming down on how they rank their projects and get funding. It was asking for our input about how we think everything should be ranked and who we should be competing against. It was pretty interesting. Mr. Wendling stated that he is looking forward to serving the Commission this year and some of the exciting projects that are in the pipeline. It will be very interesting seeing the potential for this GIS now with Doug in place. He looks forward to working with Cindy and the new staff person. Cindy mentioned that the last touches were put on the Warren County employee newsletter today. Our printer, instead of taking a week to process the newsletter, is actually going to process the newsletter for us in twenty-four (24) hours. The reason why they are doing that is because of the fundraiser for Roy Boyles in February. The dates for Morgan Ford and Roy s fundraiser are in the newsletter. Mr. Whitten shared the date of the fundraiser is February 7 th, from 4:00 pm to 8:00 pm at the Front Royal Fire Department across the street. Adjournment: There being no further business before the Planning Commission, upon motion by Ms. Smelser, seconded by Mr. Stickley, and unanimous approval, the meeting was adjourned at 7:42 pm. Chairman Page 13 of 13