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HomeMy WebLinkAboutPC_08-18-99_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 August 18, 1999, PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER . Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JULY 7. 1999 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of July 7, 1999 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. Frederick County Planning Commission Minutes of August 18, 1999 Page 396 -z- COMMITTEE REPORTS Comprehensive Plans & Proerams Subcommittee (CPPS) - 08/09/99 Mtg. Mrs. Copenhaver, Subcommittee member, reported that the CPPS reviewed and recommended denial of a request to allow the extension of sewer service into the Whitfield Subdivision. She said that the subcommittee also reviewed and recommended approval of including a 16 -acre site, located along Cedar Creek Grade which adjoins the City, in the Urban Development Area, if it can be served by City water and sewer. Sanitation Authority (SA) Mrs. Copenhaver, Planning Commission liaison to the SA, reported numerous items ofinterest that were discussed at the last SA's last meeting. She said that Shentel has requested the placement of a fourth antennae to the three they already have on the SA's water tower, located along 1 -81; the rent is $100 per month per antennae. Mrs. Copenhaver reported that the SA approved preliminary engineering on the expansion of the Diehl Water Treatment Plant from four million gpd to six million gpd. A delegation from the Back Creek Citizens group was present at the meeting with questions about the well at Back Creek School. Mrs. Copenhaver said that the SA has been monitoring seven wells in the area of the school and has reported no change in well levels. Mrs. Copenhaver also reported that the SA is aiming for Solenberger tank to be finished on December 1. Also discussed was the possibility of the City providing water and sewer to the Allen property which was reviewed by the CPPS, however, this subject will probably be discussed again next month. Finally, she reported that the SA believed the Regional Water Study needed to take in a broader area and should include Warren and Shenandoah Counties along with Winchester and Frederick County. Winchester City Planning Commission (WPC) - 08/17/99 Mtg. Mr. Vincent DiBenedetto, Winchester City's Liaison to the Planning Commission, reported that the WPC sent to Council the language on the Flood Plain Ordinance, which is one additional step towards becoming a part of the Federal Flood Insurance Program. PUBLIC MEETINGS Revision to Master Development Plan #001 -91 for Shenandoah University, submitted by G. W. Clifford & Associates, Inc., to provide a 2,500 -seat football stadium and eliminate a 500 -unit dormitory. The site is located on the east side of Interstate 81, adjacent to the College Park and Pembridge Heights subdivisions and is identified with P.I.N. 64 -A -110 in the Shawnee Magisterial District. • Frederick County Planning Commission Minutes of August 18, 1999 Page 397 -3- Action - Recommended Approval Mr. Evan Wyatt, Deputy Planning Director, reported that a master development plan for an 18.425 -acre site owned by Shenandoah University was approved by Frederick County on July 22, 1991 and called for the provision of an events center, an academic building, and a dormitory. Mr. Wyatt said that access to the acreage was proposed through the extension of a road system from the main campus, under 1 -81, and through the future extension of Tulare Drive. Mr. Wyatt said that Shenandoah University has submitted a revised master development plan for this same acreage and involves the provision of a 2,500 -seat football stadium and the elimination of the 500 -unit dormitory. He stated that a narrative is provided on the revised plan which states that all notes and requirements indicated on the original approved master plan will still apply, if the revised plan is approved. Those notes and requirements include: The provision of a 20' buffer and full landscape screen along the eastern property line. 2. The acknowledgment that access to and from the site on Price Drive will only occur in emergency situations and will be restricted for all other normal operations. The delineation of all environmental features and disturbance calculations. 4. Typical sections for the proposed access roads and the buffer and screening. • Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc, the design engineers for the project, and a member of the Board of Directors at Shenandoah University, was present to discuss the plan for improvements at Shenandoah University. Mr. Maddox also introduced Shenandoah University's Director of Plants and Facilities, Mr. Gene Fisher, and Shenandoah University's Head Football Coach, Mr. Walter Barr. Mr. Maddox showed slides of the Shenandoah University site and compared the old master plan with the proposed new, revised plan. The Planning Commission's comments and questions included site access, outdoor stadium lighting, parking locations, the need to ensure that Price Drive is restricted for through access, and the timing for the extension of Tulane Drive. A representative of the Pembridge Heights Homeowners Association, Ms. Angela Bennett, advised the Commission that the Pembridge Heights homeowners would prefer a stadium over the 500 -unit dormitory; however, they wanted assurance that an adequate buffer would be developed by Shenandoah University. The Planning Commission believed that Shenandoah University would ensure that these concerns were adequately addressed during the site plan process. Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission unanimously recommended approval of the revised Master Development Plan #001 -91 of Shenandoah University to provide a 2,500 -seat football stadium and to eliminate a 500 -unit dormitory. Frederick County Planning Commission Minutes of August 18, 1999 Page 398 -4- L_ J A waiver request from the cul -de -sac length requirement, Chapter 144, Subdivision Ordinance, Section 144 -17 - Streets G.(1) Cul -de -sacs, submitted by Artz & Associates for the Buettner Rural Preservation Subdivision, Zoned RA (Rural Areas), located on Stony Hill Road (Rt. 688) and designated with P.I.N. 28 -A -161. The waiver request is to allow the proposed cul -de -sac to extend to a length of 3,900' rather than the 1,000' existing limit defined in the ordinance. Action - Approved by Majority Vote Mr. Michael T. Ruddy, Zoning Administrator, stated that a waiver request from Artz & Associates, Inc. was received to allow a cul -de -sac to extend beyond the maximum length mandated by the Subdivision Ordinance. He said that the request is to allow a cul-de -sac of 3,900' in length as opposed to the required maximum length of 1,000'. Mr. Ruddy said that the cul-de -sac is located in a proposed Rural Preservation Subdivision, submitted on behalf of Mr. Henry Buettner. Mr. Ruddy added that the applicant has committed to preserve an additional ten percent (10.4 acres) of land to the rural preservation lot. Mr. Michael M. Artz of Artz & Associates, Inc., the land surveying and planning company representing the applicant, came forward to further explain the proposed subdivision and waiver request. Due to the limiting features of the site, such as the topography, and physical features, such as the flood plain and the utility line easement, Mr. Artz believed it was difficult to develop this property in any other manner to fully utilize its potential and still render it financially feasible. Mr. Henry C. Buettner, Jr., the owner and applicant, was available to explain his intent for the lot configuration and to answer questions from the Commission. Questions and discussion from the Commission centered around how the various lots would be accessed, which lots would be served by a state- maintained road, and whether the commitment to preserve the additional ten percent was legally binding. Planning Commission members believed that an increase in cul -de -sac length in this particular case was appropriate because the plan package included a number of good planning efforts and good concessions for the community, and it did not set a precedent. They believed that the geometry and topography of the property almost dictated the lot configuration, unless the number of lots were substantially limited. Another view expressed by Commissioners was that the proposed cul-de -sac was three to four times longer than the preferred distance for cul-de -sacs and it might have been the intent of the Rural Preservation Subcommittee to restrict rural area development by not making a provision for this. It was also suggested that perhaps the RP and RA cul-de -sacs should be differentiated. A motion for approval of the waiver was made by Mr. Thomas, seconded by Mr. Wilson, and was passed by a majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve the waiver request from the cul -de -sac length requirement, Chapter 144, Subdivision Ordinance, Section 144 -17 - Streets G.(1) Cul -De -Sacs, submitted by Artz & Associates, Inc. on behalf of Henry C. Buettner, Jr. for the Buettner Rural • Frederick County Planning Commission Minutes of August 18, 1999 Page 399 -5- Preservation Subdivision, Zoned RA (Rural Areas), located on Stony Hill Road (Rt. 688) and designated with P.I.N. 28 -A -161. The waiver granted will allow the proposed cul -de -sac to extend to a length of 3,900' rather than the 1,000' existing limit defined in the ordinance. YES (TO APPROVE) Thomas, Wilson, DeHaven, Marker Copenhaver, Light, Morris NO: Miller DISCUSSION OF A PROPOSED AMENDMENT TO THE RP (RESIDENTIAL PERFOR- MANCE) DISTRICT TO ACCOMMODATE SENIOR HOUSING No Action Mr. Michael T. Ruddy, Zoning Administrator, stated that over the last few months, the Development Review & Regulations Subcommittee (DRRS) has been reviewing a request to amend the Residential Performance (RP) Zoning District as it pertains to Senior Housing and, specifically, to fine -tune the existing regulations in an effort to meet the unique needs of retirement communities. Mr. Ruddy presented the proposed amendments which included revisions to the following sections of the Zoning Ordinance: 165 -37 Buffering & Screening; 165 -59 Permitted Uses; 165 -63 Open Space Requirements; 165 -64 Recreational Facilities; 165 -65 Dimensional Requirements; and Section 144 -17 of the Subdivision Ordinance. Mr. Ruddy proceeded to review and discuss those amendments with the Commission. Mr. Kris Tierney, Planning Director, agreed in concept with what the DRRS was attempting to achieve, but believed a number of provisions were included that the County doesn't normally regulate, such as low - maintenance construction and the preclusion of accessory structures. Mr. Tierney believed these were amenities that a developer would place in deed restrictions and should not be a requirement of the County's ordinance. Members of the DRRS noted that their intent was to achieve high - quality development, in light of the small lot size. Mr. Tierney suggested the possibility of retrofitting the provision of patio homes in the ordinance because the proposed amendments are so similar, in terms of housing style, lot size, and so forth. He remarked that patio homes have been a troubled housing type for a number of years and is seldom used because it is so cumbersome. Mr. Tierney suggested combining the two, keeping the desirable features of senior housing, such as the community centers and perhaps the extended private drives, but eliminate requirements that go one step further than needed, and let the market dictate those. Concern was raised among members of the Commission over the fact that these were such very small lots and they questioned the owTnerslmip and occupancy of this type of development 15 -20 years from now. The point was made that if the needs are different, there will not be enough room on a 2,800 - square -foot lot for an outbuilding, a swing -set, a porch, or a 2-car driveway. Some members of the Commission didn't see how the County could restrict the ownership of the housing long -term. It was noted that the State allows E Frederick County Planning Commission Minutes of August 18, 1999 Page 40C localities to provide for senior housing. Members of the Planning Commission felt it may be a good idea to • get the Board's thoughts and comments early in the proposal process. Mr. Stephen M. Gyurisin, speaking on behalf of some of the developers involved in the proposal, spoke about some of the design issues the committee and developers had to address in developing the amendments. A motion was made by Mr. Miller, seconded by Mr. Thomas, and unanimously passed to send the proposed amendments to the Board of Supervisors for their comments and suggestions. After receiving the Board's comments, the Planning Commission would then discuss it further and decide at that time if it would need to go back to the DRRS. PROPOSED AMENDMENT TO ALLOW SCHOOLS WITH RESIDENTIAL COMPONENTS IN THE RA (RURAL AREAS) ZONING DISTRICT AS A CONDITIONAL USE Action - Proceed w/ Advertisement for Public Hearing Mr. Michael T. Ruddy, Zoning Administrator, stated that the Development Review & Regulations Subcommittee (DRRS), at their July 29, 1999 meeting, recommended approval of the amendment to allow schools with a residential component in the RA (Rural Areas) Zoning District as a conditional use. Mr. Ruddy noted that this action was a result of a recent inquiry received by the Planning Department • regarding the permissibility of such a use. The Planning Commission believed the amendment was appropriate as written and instructed the staff to advertise the amendment for public hearing. 1999 CAPITAL FACILITIES IMPACT MODEL UPDATE Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Board of Supervisors conditioned approval of the Capital Facilities Impact Model on an annual review in July of each year to determine an appropriate increase in the calculated percentage for public schools and parks and recreation impacts. Mr. Wyatt presented a list of information that was utilized for input and the agencies which provided the data, a table chart of six development scenarios comparing the results of the 1998 model run with the 1999 model run, and printouts of the output module for each of the model runs. The Planning Commission reviewed and discussed the information for the 1999 Model update presented by the staff and believed it was appropriate as presented. \J Frederick County Planning Commission Minutes of August 18, 1999 Page 401 7- Upon motion made by Mr. Marker and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend to the Board of Supervisors the approval of the utilization of the 1999 Capital Facilities Impact Model Update, as presented by the staff. OTHER NEW REZONING APPLICATION FEE Mr. Evan A. Wyatt, Deputy Planning Director, stated that during the July 28, 1999 Board of Supervisors' meeting, a member of the Board expressed concern regarding the fee schedule for rezoning applications which request a down- zoning to RA (Rural Areas) District. Mr. Wyatt said that at present, all rezoning applications are required to meet the County's adopted fee schedule which includes a $550.00 base fee plus an additional $35.00 per acre of land to be rezoned. Mr. Wyatt explained that a rezoning application which proposes a down- zoning to RA does not require the amount of detailed information or technical review that other rezoning applications require. He believed that a rezoning application which proposes a down- zoning to RA was analogous to the Conditional Use Permit (CUP) process and, therefore, would propose an application review fee of $75.00, which was consistent with the CUP. • Some members of the Commission did not agree that the cost of a down - zoning was analogous to the CUP application fee, and in addition, were not certain that the fee for CUPS was high enough. They questioned whether this might set a standard for other down- zonings, for instance, from M 1 to B2. The majority of Commissioners believed, however, that the suggested fee was appropriate. Upon motion made by Mr. Marker and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend to the Board of Supervisors that a fee of $75.00 be adopted for a down- zoning to an RA (Rural Areas) District. This recommendation was approved by the following vote: YES (TO APPROVE) Thomas, Marker, Copenhaver, Light, Morris, DeHaven NO: Miller, Wilson Frederick County Planning Commission Minutes of August 18, 1999 Page 402 -8- DISCUSSION REGARDING THE IZAAK WALTON LEAGUE CONDITIONAL USE PERMIT ACTION ON AUGUST 4, 1999. Action - Planning Commission Rescinds Previous Motion Chairman DeHaven said that at the Commission's August 4, 1999 meeting, the Commission passed a motion concerning the Izaak Walton League discussion which the County Attorney has determined to be inappropriate to be under the authority of the Commission. Mr. Light moved to rescind the Planning Commission's previous action of August 4, 1999 for a resolution to be passed to the Board of Supervisors for an appointment of an Ad -Hoc Committee to the Izaak Walton League. Mr. Wilson seconded the motion to rescind and it was unanimously passed. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:50 p.m. by Respectfully submitted, CJ A Charles S. DeHaven, Jr., Chairman • Frederick County Planning ComtpiWion Minutes of August 18 1999 Page 403