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PC 08-19-15 Meeting MinutesMEETING MINUTES OF THE rui0i14rF.REDEP.ICK COi.T A PLANNING COr101v Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 19, 2015. PRESENT: Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison. ABSENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; J. Rhodes Marston, Back Creek District; Charles F. Dunlap, Red Bud District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; John A. Bishop, Deputy Director Transportation; Candice E. Perkins, Senior Planner; Mark R. Cheran, Zoning and Subdivision Administrator; and Shannon L. Conner, Administrative Assistant. Planning Commission Secretary, Eric R. Lawrence accepted nominations for a Temporary Chairman. Commissioner Unger nominated Commissioner Gary R. Oates; this was seconded by Commissioner Crocket, and unanimously passed. CALL TO ORDER Temporary Chairman Oates called the August 19, 2015 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Temporary Chairman Oates commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Crockett and seconded by Commissioner Unger, the Planning Commission unanimously adopted the agenda for this evening's meeting. Frederick County Planning Commission Page 3245 Minutes of August 19, 2015 MINUTES Upon motion made by Commissioner Mohn and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes of their July 15, 2015 meeting. COMMITTEE REPORTS Frederick County Sanitation Authority (FCSA) — 8/18/15 Commissioner Unger reported rainfall for July was 2.6 inches which was slightly down from the previous month. Water usage at the Diehl Plant was 2.76 mgd; water usage at the Anderson Plant was 2.05 mgd; .75 mgd was purchased from the City of Winchester. The daily average usage was 5.5 mgd, which is about average for this time of year. Elevation at the Diehl Plant was down from the previous month and the Anderson Plant was up slightly. There has been approximately a 17% leakage in water lines for July which is an increase over the previous month. He noted they are attempting to locate the leaks and repair them. Commissioner Unger provided some good news in that the well dug at Lake Frederick is yielding between 350 — 500 gallons per day. This should be a good production well to serve the southern portion of the County. Transportation Committee - 7/27/15 Temporary Chairman Oates reported there were two items on the committee's agenda. House Bill 2 was discussed and will be discussed further tonight. A discussion was also held in regards how to allocate the funds from the Russell 150 project. Historical Resources Advisory Board — 7/28/15 Temporary Chairman Oates reported the Kernstown Area Plan was the primary topic of discussion at the meeting and will be discussed further tonight. Comprehensive Plans and Programs Committee — 8/10/15 Commissioner Mohn reported at the recent meeting a discussion was held regarding the 2035 Comprehensive Plan update and specifically the economic analysis for the update. He also noted discussion was held on the Kernstown Area Plan. Frederick County Planning Commission Page 3246 Minutes of August 19, 2015 City of Winchester Planning Commission — 8/18/15 Commissioner Wolfe reported at the City of Winchester Planning Commission meeting last night there were two CUP's approved and three ordinance amendments. She also noted that an item of interest was discussed, that being an ordinance to rezone approximately 16.4 acres containing 96 parcels to be included in the Corridor Enhancement District, known as the "National Avenue Proposed CE District". Board of Supervisors Report — 8/12/15 Board of Supervisors' Liaison, Supervisor Robert Hess, reported a Public Hearing was held for a revision to part 802 of the Zoning Ordinance to update the text to include provisions for minor site plans, and the inclusion of an illustrative sketch plan, the amendments passed unanimously. A Public Hearing was held for an ordinance amendment to the County Code Chapter 165 requesting revisions to the Farm Winery text to include allowances for Farm Breweries and Farm Distilleries and remove provisions that are already regulated by the Code of Virginia, the amendment passed unanimously. Supervisor Hess reported a Public Hearing was held on the inclusion of 46 parcels, each less than 5 acres, in the Agricultural and Forestal District. Three groups were submitted by the Planning Commission for review: 11 lots that are encapsulated by the Agricultural and Forestal District; 16 lots neither adjacent to nor encapsulated by the Agricultural and Forestal District; 19 lots adjacent to an Agricultural and Forestal District. The Board of Supervisors approved adding the 11 encapsulated lots back into the Agricultural and Forestal District. Supervisor Hess explained the Board of Supervisors postponed action for 90 days on the remaining 35 lots. He noted the Board of Supervisors discussion centered around the impact of setback requirements potentially infringing on the rights of adjoining property owners. Staff was asked to draft provisions to the setback requirements before further consideration was given to the remaining 35 lots. Supervisor Hess reported there was an update given on House Bill 2. Citizen Comments Temporary Chairman Oates called for citizen comments on any subject not currently on the Planning Commission's agenda or any item that is solely a discussion item for the Commission. Mr. Matthew James of the Shawnee Magisterial District came forward to speak. He is seeking assistance in getting a paving project completed that has been lingering for approximately 10 years. He explained the developer ceased progress on the paving of the streets within his neighborhood. He noted the property is The Townes at Mosby Station and consists of 14 townhouses. Mr. Bill Brogan who resides on Jones Road came forward to speak in regards to Jackson's Retreat. Mr. Brogan wants to make sure the existing wells are not affected by this new development. He inquired what type of protection the current homeowners have should their well be compromised. Mr. Brogan stated he would like to see something implemented that will not allow the new homes to be equipped with sprinkler systems. Frederick County Planning Commission Page 3247 Minutes of August 19, 2015 Mr. Barry Smith of Launchris Drive came forward to speak. He explained his property backs up to the proposed subdivision Jackson's Retreat. His concerns are what steps are being taken to control run off and what type of blasting will take place since the area is very rocky. Mr. Smith noted he worries about the existing foundations. Mr. Smith commented there has not been very much forth coming information provided. Mr. Bill Dalton of Launchris Drive came forward to express his concerns with how the new construction will affect the water situation for existing homes. He would like to see restrictions placed on the new properties such as no swimming pools and no sprinkler systems. Mr. Dalton would also like to know: what is the timeframe for the development; when will roads begin to take shape; how large will the new homes be; what will the access in and out point be; what types of covenants will be brought forth. Ms. Jackie Wilson of Launchris Drive came forward. She is concerned about the stability of existing wells and water runoff. Ms. Brenda Long came forward to speak in regards to her concerns. She noted she is not opposed to the development, but her concerns are water runoff and the amount of blasting that will have to take place to remove all the rock in the area. No one else came forward to speak and Temporary Chairman Oates closed the citizen comments portion of the meeting. ACTION ITEM Waiver and Subdivision Request Subdivision #02-15 for Jackson's Retreat Request, submitted by Foltz Investment Group LTD., is requesting a waiver(s) of Article V. Design Standards: §144-17.L Curbs and gutters; §144-18 Sidewalks and pedestrian walkways; and §144.19 Streetlights. These waivers will enable a subdivision to occur on this property. The property is located 0.2 miles east of the intersection of Launchris Drive and Jones Road. The property is identified with Property Identification Number 62-A-50 in the Back Creek Magisterial District. Action — Recommend Approval of Waivers Zoning and Subdivision Administrator, Mark R. Cheran gave a brief overview of the proposed subdivision of nine (9) lots with the dimensional requirements of the single-family detached rural traditional housing type; in particular, the minimum lot size of 100,000 square feet. He noted the proposed lots will be accessed directly onto Launchris Drive (Route 1120); this proposed subdivision is located outside the UDA and SWSA and indicated in the 2030 Frederick County Comprehensive Plan. Mr. Cheran explained the subdivision design plan has three (3) waiver requests: • Elimination of §144-17 (L) Curb and Gutter (Board waiver) • Elimination of § 144-18 (A) (1) Sidewalks and pedestrian walkways (Board waiver) • Elimination of §144-19 Streetlights (Board waiver) Frederick County Planning Commission Page 3248 Minutes of August 19, 2015 Temporary Chairman Oates inquired what the applicant has accomplished in regards to storm water runoff. The applicant, Mr. Darren Foltz came forward to offer explanations and comments regarding issues raised by the citizens and the Commission Members. He explained he has to meet County and State requirements for storm water management. Each lot will have a bio -retention pond to handle runoff from the roof drains, driveways, etc... These ponds will hold water and are constructed to allow the water to seep back into the ground. Mr. Foltz explained there will be two ponds built considerably larger than the others to hold road water. He continued, once complete, these ponds will be unlikely noticeable and will resemble a mulched area with trees and shrubs. He intends for this to help with ground water and the replenishing of existing wells. Mr. Foltz noted, the bio -retention ponds are a fairly new concept and are part of the new State regulations to assist in resolving issues surrounding storm water runoff. Mr. Foltz addressed the concerns with the blasting of rock in the area of development. He explained he has no intention of using dynamite. He stated the grade of the roads has been laid and there are not any deep cuts that would require blasting. Mr. Foltz noted he does not intend to blast in the area to keep the level of force down for existing homeowners. Commissioner Unger noted he has viewed the property and feels it will be a very nice subdivision once complete. He inquired when the entrance is cut will it be fairly flat. Mr. Foltz explained the only place there will be a steep cut is near lot 8 which is basically in the center of the project. He reiterated he will not use any dynamite for road building on this property. Mr. Foltz noted after a lot is sold he has no control if someone blasts for a basement on their property. Commissioner Unger noted a condition of no blasting could be placed in the covenants if needed. Commissioner Unger inquired if the large trees on the property are being considered and will they be saved. Mr. Foltz explained he has moved the design of the road right-of-way to accommodate many of the large trees on the property. Temporary Chairman Oates suggested the applicant meet with current neighboring property owners and iron out some of the issues brought forth. Mr. Foltz agreed to do so and noted he intends to keep the covenants the same in regards to the size of the homes and materials that will be used. Commissioner Kenney noted the citizens bring legitimate concerns and these concerns need to be passed on to the Board of Supervisors for their review. Upon motion made by Commissioner Unger and seconded by Commissioner Ambrogi BE IT RESOLVED the Frederick County Planning Commission does hereby unanimously recommend approval of a waivers) of Article V. Design Standards: §144-17.L Curbs and gutters; §144-18 Sidewalks and pedestrian walkways; and § 144-19 Streetlights. These waivers will enable a subdivision to occur on this property. (Note: Commissioners Wilmot, Thomas, Marston, Dunlap, and Molden were absent from the meeting.) Frederick County Planning Commission Page 3249 Minutes of August 19, 2015 INFORMATION/ DISCUSSION ITEM Master Development Plan #04-15 for Hiatt Run Condominiums, submitted by Painter -Lewis, P.L.C. to develop 11.105 acres of land zoned RP (Residential Performance) District with 8 garden apartment buildings that have a total of 120 residential units. The subject properties located near Stephenson at the intersection of Route 11 North and McCann Road (Route 838) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-17 and 44-A-10. Please note this item is for informational purposes only. Senior Planner, Candice E. Perkins, reported this is a proposal to develop 12 acres zoned RP (Residential Performance) with eight garden apartment buildings; six buildings containing 16 units each and two buildings containing 12 units each (total of 120 units with a total density of 10 units per acre). Ms. Perkins explained while the land uses proposed are inconsistent with the Northeast Land Use Plan, the subject properties are currently zoned RP (Residential Performance); the residential zoning on the subject properties dates back to the original Frederick County Zoning Map. The subject properties are also located within the Sewer and Water Service Area (SWSA). Ms. Perkins noted garden apartment uses (density of up to 10 units per acre) is a permitted use within the RP District. Ms. Perkins stated this MDP is presented as an informational item only and no action is required at this time. There were no questions or comments from the Planning Commission at this time. (Note: Commissioners Wilmot, Thomas, Marston, Dunlap, and Molden were absent from the meeting.) Self -Storage Facilities in the Rural Areas District — Discussion on revision to the Frederick County Zoning Ordinance to include self -storage facilities as a conditional use in the RA (Rural Areas) ZoningDistrict. Senior Planner, Candice E. Perkins, reported the potential to include self -storage facilities as a conditional use in the RA (Rural Areas) District has been requested. Ms. Perkins noted currently self -storage is a permitted use in the B2, B3, M1, and M2 Districts. Ms. Perkins explained it was requested that Planning Staff look into self -storage in the RA District due to this use requiring limited infrastructure (such as water and sewer). It was noted the DRRC discussed this amendment at their July 2015 meeting and had minor revisions. Ms. Perkins reported the following additional requirements are supported by the DRRC: all development shall conform to all B2 (General Business) District standards; all development shall have direct access onto a paved state road. Ms. Perkins noted this item is presented for discussion and comments. Commissioner Unger inquired what restrictions will be placed on screening. Ms. Perkins explained within the ordinance there are a number of restrictions that have been in place for quite some time. She stated under section 204 there are a number of restrictions that apply to self -storage facilities. Ms. Perkins noted the facility located in the B2 (Business General) District shall be completely screened around the perimeter of the property by a double row of evergreen trees that are staggered and planted a maximum of eight feet off center and are a minimum of six feet in height at time of planting. There were no additional questions or comments from the Planning Commission at this time. (Note: Commissioners Wilmot, Thomas, Marston, Dunlap, and Molden were absent from the meeting.) Frederick County Planning Commission Page 3250 Minutes of August 19, 2015 Variance Rea nest — Discussion on revisions to the Frederick County Zoning Ordinance to revise the variance requirements per the Code of Virginia. Senior Planner, Candice E. Perkins, reported during the 2015 Session, the Virginia General Assembly passed amendments to the Code of Virginia pertaining to the operation of the local Board of Zoning Appeals. These amendments require changes to be made to the Zoning Ordinance to be compliant with the revisions to the Code of Virginia pertaining to the Board of Zoning Appeals and the standards by which the Board reviews variance requests. Ms. Perkins presented the specific changes and they are as follows: • Revision of the definition of "variance" • The administrative appeals section has been updated to be consistent with the Code of Virginia — the determination of the Zoning Administrator shall be presumed to be correct and the burden of proof falls on the applicant to rebut the resumption of correctness. • Within Section C — Variances — the term "unnecessary hardships" has been replaced with the phrase "unreasonable restriction on the utilization of the property". • Other minor revisions have been included that reformat the ordinance to comply with the changes. Ms. Perkins asked for questions and comments, there were none at this time. Setbacks from Agricultural and Forestal Districts — Discussion on amendments to the Zoning Ordinance to revise the setbacks from parcels within Agricultural and Forestal Districts in the RA (Rural Areas) District. Senior Planner, Candice E. Perkins, reported during the 2015-2020 Agricultural and Forestal District update, concern was presented over the inclusion of parcels less than five (5) acres into the districts due to their impacts on adjacent parcels that were not in agricultural districts. Ms. Perkins explained concern was that the placement of these parcels of less than five (5) acres in size into the Agricultural District did not clearly further agriculture pursuits and interests, and often contained residences, yet the resulting 200 foot setback placed greater restrictions on their adjacent neighbors. Ms. Perkins explained the Board of Supervisors held a public hearing for the inclusion of these parcels less than five (5) acres into the agricultural districts at their August 12, 2015 meeting. At the meeting they deferred action on accepting or denying the inclusion of many of these parcels and directed Planning Staff to draft an ordinance amendment that would allow the inclusion of the parcels without impacting adjacent parcels. Ms. Perkins presented the drafted amendment to the RA (Rural Areas) District setbacks to address this issue which includes the following: Frederick County Planning Commission Page 3251 Minutes of August 19, 2015 Utilizes the RA setback requirement based on adjoining parcel size previously adopted in 2007 Includes setbacks for parcels that abut an agricultural district, based on the size of the parcel within the adopted agricultural district Parcels within an agricultural district that are six (6) acres or less would require a 50' setback and parcels over six (6) acres would require the 200' setback Ms. Perkins noted the DRRC will be reviewing this ordinance amendment at their August 27, 2015 meeting. Temporary Chairman Oates commented that will surely be a lengthy discussion. Commissioner Kenney noted this amendment addresses the issues that have been presented and feels it cleans it up well. There were no further questions or comments from the Planning Commission at this time. (Note: Commissioners Wilmot, Thomas, Marston, Dunlap, and Molden were absent from the meeting.) Update on House Bill 2 Deputy Director Transportation, John A. Bishop, presented an overview of House Bill 2. He noted the passage of House Bill 2 has had VDOT and staff working diligently to accommodate the new legislation. Mr. Bishop explained House Bill 2 requires a new process for determining which projects will be funded. Mr. Bishop reported also influencing this effort is House Bill 1887 which is the funding mechanism and VTrans 2040 which is the statewide transportation plan. Mr. Bishop shared the recent presentation given by VDOT staff. Commissioner Kenney commented it is remarkable what all is involved with this process and commended John for his efforts. There were no further questions or comments from the Planning Commission at this time. Kernstown Area Plan — This is a second discussion opportunity on the Kernstown Area Plan, a proposed amendment to the 2030 Comprehensive Plan; Appendix I — Area Plans. The Kernstown Area Plan looks to update, renew, and expand the land use and transportation plans for the Kernstown area. The study area is generally located along Route 11, south of the City of Winchester, and north of the Town of Stephens City, and west of I-81. The Kernstown Area Plan builds on the Route 11 South Corridor Plan, and the balance of the Southern Frederick Plan which was adopted in 1998, by incorporating the western portion of this plan into the Kernstown Area Plan. This Draft Plan is reflective of the input of the Comprehensive Plans and Programs Committee, and other groups, and the valuable public input received through the process. Frederick County Planning Commission Page 3252 Minutes of August 19, 2015 Deputy Director, Michael T. Ruddy, reported the Planning Commission previously discussed the Kernstown Area Plan at the June 17, 2015 meeting where valuable input was offered and incorporated into the plan. Mr. Ruddy explained the Kernstown Area Plan looks to expand the land use and those important transportation improvements that are in this area. This is the area generally located along Route 11, south of the City of Winchester, north of the Town of Stephens City, and west of I-81 predominantly in the Back Creek Magisterial District. Mr. Ruddy noted this is a combination of the Route 11 South Corridor Plan and the old Southern Frederick Land Use Plan. Through this process, in particular the public information meeting there were useful comments, questions, and input obtained. Mr. Ruddy provided this information to the Planning Commission at this time as well as the mapping that has been modified to reflect these changes. Mr. Ruddy highlighted at the previous meeting there was a considerable amount of discussion on the DSA's. These have been an important component of the County's planning efforts. Mr. Ruddy explained these areas may enable development for a variety of things to occur and recognize there is something special there. Mr. Ruddy noted more flexibility was provided in the language for these development sensitive areas to ensure that the adaptive reuse in and around these areas was clearly enabled. He pointed out the Transportation Committee provided an excellent suggestion in that we further define what a Development Sensitive Area (DSA) is and what it means. The current planned transportation network was maintained in the Kernstown Area Plan. Mr. Ruddy noted the areas identified as the Bartonsville DSA/Rural Historic Resource Areas was reduced in size to allow additional areas of Commercial Recreation land use to the south and additional areas of Commercial land use to the north specifically to address a property owner's request. Commissioner Manuel inquired if additional public input meetings will be held. Mr. Ruddy stated there will not be another public meeting however there will be public hearings held at which time those who have been involved will be properly notified. There were no further comments or discussion from the Planning Commission. OTHER Cancelation of the regular meeting on September 2, 2015 Temporary Chairman Oates announced there were no pending items for the Planning Commission's September 2, 2015 meeting. A motion was made by Commissioner Triplett to cancel the September 2, 2015 meeting of the Planning Commission. This motion was seconded by Commissioner Kenney and unanimously passed. Frederick County Planning Commission Page 3253 Minutes of August 19, 2015 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Kenney to adjourn the meeting. This motion was seconded by Commissioner Triplett and unanimously passed. The meeting adjourned at 8:15 p.m. Respectfully submitted, x ie' cp— Gary*. ates, Temporary Chairman EriTR. Lawrence, Secretary Frederick County Planning Commission Page 3254 Minutes of August 19, 2015