Loading...
PC 12-02-15 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 December 2, 2015 PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; 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; Charles F. Dunlap, Red Bud District; Christopher M. Mohn, Red Bud District; Kevin Kenney, Gainesboro District; Kris Tierney, Assistant County Administrator; Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison. ABSENT: Charles E. Triplett, Gainesboro District; J. Rhodes Marston, Back Creek District. STAFF PRESENT: 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. CALL TO ORDER Chairman Wilmot called the December 2, 2015 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the amended agenda for this evening's meeting. ELECTION OF THE SECRETARY Commissioner Thomas nominated Kris Tierney to serve as Secretary of the Planning Commission. This nomination was seconded by Commissioner Oates and approved. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Mohn, the Planning Commission adopted the minutes of their November 4, 2015 meeting. Frederick County Planning Commission Page 3289 Minutes of December 2, 2015 COMMITTEE REPORTS Transportation Committee - Mtg. 11/23/15 Commissioner Oates reported the Transportation Committee welcomed Supervisor Dunn to the committee. He highlighted the following items were discussed at the meeting: Capital Improvement Program review; Long Range Plan update; Update on Route 37 and Exit 313 from VDOT. CITIZEN COMMENTS Chairman Wilmot 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. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. PUBLIC HEARING Rezoning #11-15 of Freedom Manor, submitted by Pennoni Associates, to rezone 13.8596acres from the RA (Rural Areas) District to the RP (Residential Performance) District and 33.6819 acres from the RP (Residential Performance) to the RP (Residential Performance) with proffers. The properties are located east and adjacent to Papermill Road (Route 644), approximately 2,300 feet north/west of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644), in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64-A-23, 64-A-20, and 64-A-19. Action — Recommend Approval Commissioner Manuel would abstain from all discussion on this item for a possible conflict of interest. Senior Planner, Candice E. Perkins reported this application is a proposal to rezone 33.6819 acres from the RP (Residential Performance) District and 13.8596 acres from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. Ms. Perkins noted of the 33 acres of existing RP zoned acreage, 26 acres of that was previously rezoned in 2005 under the same name of Freedom Manor. She continued the applicant seeks to revise the proffers for the 26 acre portion tract (64-A-23) as well as include the acreage from parcels 64-A-20, and 64-A-19. Ms. Perkins explained the proposed development seeks to allow the construction of up to 300 residential dwelling units (Phase I — 100 single family detached, and Phase II — 200 townhouse and multi -family units). Ms. Perkins presented the GDP (Generalized Development Plan) that was included with the application; it shows the site access which is the round -about on Papermill Road, and the internal road network that would eventually connect into Madison Village to the north. Ms. Perkins noted this project has no connection into the Westwood Subdivision. She elaborated with a previous rezoning in 2005/2006 there was a restricted deed covenant entered into with the owner and the County at which time it was agreed there would not be a connection into the Westwood Subdivision road network. Ms. Perkins Frederick County Planning Commission Page 3290 Minutes of December 2, 2015 reiterated the initial access will be via a round -about off Papermill Road and future additional access through inner partial connectors will be provided to the north at the Madison Village development and that will be installed with the 150`h building permit. Ms. Perkins continued the development includes a 10 foot pedestrian trail along Papermill Road; a trail along the internal public road and a trail along the boundary with Shenandoah Memorial Park. She continued the applicant has proffered a monetary contribution to offset the impacts on the County from the residential development. She noted the multi- family attached units the amount is consistent with the model however the single family detached units do have a reduced proffer payment and that is due to the existing 6.8 acres of existing RP land. Ms. Perkins noted the applicant has also proffered to allow the use of TDR's (Transfer of Development Rights). Mr. Patrick Sowers of Pennoni Associates representing the applicant came forward to offer further information on the property. Mr. Sowers reported there are three components to this project: on the south side there's approximately 26 acres that was rezoned in 2005 for 70 residential units; north of that there is approximately 7 acres of existing historically zoned RP land; north of that there is approximately 13.5 acres of existing RA zoned land which is part of the Comprehensive Plan for high density residential use. The applicant has proffered single family use in that area to ensure a higher yield to be consistent with the Comprehensive Plan. Mr. Sowers continued the remaining acreage to the south will be limited to single family detached uses and that will also be consistent with the adjoining properties. Mr. Sowers reported the entrance to the property is being proposed as an offset round- about and the reason is to accommodate left turn movement heading south on Papermill Road. He continued currently there is a 40 to 45 foot right-of-way for Papermill Road and that is not enough to build a left turn lane and still have through lanes to accommodate the transitions. Mr. Sowers noted the applicant approached the existing property owners to acquire additional right-of-way however they respectfully declined. Therefore the alternative was to construct an offset round -about before any building permits are issued for the property. Commissioner Dunlap inquired if there would be any access to Westwood Drive from the property. Mr. Sowers commented no due to the existing covenant that restricts this. Commissioner Oates inquired why the entrance along Route 522 was eliminated. Mr. Sowers explained there was an option agreement at the previous rezoning to acquire a right-of-way to have access through another property and that option has expired. He continued when looking at access it was reviewed from Papermill Road and also from an access management standpoint and dealing with VDOT it would be preferred not to have another access point on Route 522 since it is designated as an arterial roadway. Commissioner Thomas asked if there was just going to be one way in and one way out. Mr. Sowers explained there will initially be the access from Papermill Road and the applicant has proffered the road networks and round -about. Mr. Sowers continued ultimately there will be access through Madison Village at Papermill Road and they are proffering an additional inner parcel connector to the western property boundary. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Tom Breedlove came forward and expressed his concerns with traffic on Papermill Road. He voiced his concerns with runoff and the high number of drain fields located in this area. Frederick County Planning Commission Page 3291 Minutes of December 2, 2015 Ms. Carol Manuel who lives on Westwood Drive came forward with her concerns of drainage, runoff, and the traffic impacts along Papermill Road. Ms. Barbara Metcalf of the Shawnee Magisterial District expressed her concern with the traffic impacts and what type of buffer will be provided. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Mr. Sowers addressed the citizen concerns. He explained in regards to drainage there is an existing pond along the frontage of the property and on the northern portion of the property there is a high point that drains to another pond. He noted the project will not be generating any increased runoff. Mr. Sowers discussed the traffic concerns. He explained Papermill Road is on the Comprehensive Plan as a major collector. He continued this project can essentially funnel traffic within the roadways of Route 522 and Papermill Road. Mr. Sowers noted the round -about will slow traffic leading to the existing signal at Route 522 and Papermill Road. In regards to buffers, Mr. Sowers explained with single family detached uses adjacent to another single family detached the ordinance does not require a buffer. Commissioner Oates clarified the development will not release more water rather than generate more water. Mr. Sowers confirmed that was correct. Commissioner Oates commented on having an internal street stubbed off towards Route 522 so if two parcels do get developed it provides another route to get in and out. He noted a buffer such as a six foot fence should be considered. Commissioner Thomas agreed with Commissioner Oates and doesn't think Papermill Road can handle the additional traffic, therefore there should be another connection coming out on Route 522. Commissioner Kenney inquired if there is an option to use the TDR's. Mr. Sowers explained it is included to have the option available and there are no immediate plans to use it. Commissioner Kenney asked what would be an instance that would trigger it to be used. Mr. Sowers elaborated if a property was to become available and the TDR's could be obtained. Commissioner Oates noted the storm water regulations are in place and with these regulations it should handle the drainage. He is in favor of this application with the recommendation that the applicant provides interparcel access to the neighboring property to the east and considers a fence along the adjoining residential properties. Upon motion made by Commissioner Ambrogi and seconded by Commissioner Dunlap with the recommendation that the applicant provides an internal street that will be stubbed off towards Route 522 for possible future use BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning #11-15 of Freedom Manor, submitted by Pennoni Associates, to rezone 13.8596 acres from the RA (Rural Areas) District to the RP (Residential Performance) District and 33.6819 acres from the RP (Residential Performance) to the RP (Residential Performance) with proffers. The properties are located east and adjacent to Papermill Road (Route 644), approximately 2,300 feet north/west of the existing signalized intersection of Front Royal Pike (Route 522) and Papermill Road (Route 644), in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64-A-23, 64-A-20, and 64-A-19. Frederick County Planning Commission Page 3292 Minutes of December 2, 2015 Conditional Use Permit #04-15 for .Terry Lee and Kyung Lee submitted for modification of CUP #22-04 to add a monument sign. The property is located at 549 Valley Mill Road (Route 659), and is identified with Property Identification Number 55-A=56 in the Red Bud Magisterial District. Action — Recommend Approval Zoning and Subdivision Administrator, Mark R. Cheran reported this application is a request to enable a monument sign to be erected in association with a previously approved adult care facility known as Rose Memorial. Mr. Cheran provided a background for the property, he explained in 1996 a CUP was approved for a 26 bed adult care facility; in 2004 an amendment was approved to add additional beds bringing the total to 34. Mr. Cheran continued there was not a provision at that time for a sign. Mr. Cheran concluded there will two conditions recommended for this application: all review agency comments and requirements shall be complied with at all times, to include the approved conditions for this adult care facility; only one (1) monument sign 44 square feet in size and 5 foot in height is allowed on the property. Commissioner Dunlap inquired if the sign will be lit. Mr. Cheran noted it will be a solar light. Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made my Commissioner Dunlap and seconded by Commissioner Mohn BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #04-15 for Jerry Lee and Kyung Lee submitted for modification of CUP #22-04 to add a monument sign. The property is located at 549 Valley Mill Road (Route 659), and is identified with Property Identification Number 55-A-56 in the Red Bud Magisterial District. Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE H SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES; Part 201— Supplementary Use Regulation §165-201.02 Setback Requirements. Revision to the Frederick County Zoning Ordinance to remove the R5 (Residential Recreational Community) District Supplementary Use Regulations for setback extensions. Action — Recommend Approval Senior Planner, Candice E. Perkins reported in 2011 the RP (Residential Performance) District setbacks and dimensional requirements were revised to introduce setbacks for unroofed decks and structures. Ms. Perkins continued with that revision, the allowance for extensions into the setback within the supplementary use regulations was changed to eliminate the RP and R4 (Residential Planned Community) Districts. Since the RP dimensional requirements also apply to the R5 District, the R5 (Residential Recreational Community) District should also have been removed from the supplementary use regulations extension provision (leaving only the RA and MH1 in the supplementary use section). Ms. Perkins noted this item has been discussed by the DRRC, the Planning Commission, and the Board of Supervisors. Frederick County Planning Commission Page 3293 Minutes of December 2, 2015 Chairman Wilmot called for anyone who wished to speak regarding this Public Hearing to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Oates and seconded by Commissioner Crockett BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend approval of Ordinance Amendment to the Frederick County Code — Chapter 165 Zoning, ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES; Part 201 — Supplementary Use Regulation § 165-201.02 Setback Requirements. Revision to the Frederick County Zoning Ordinance to remove the R5 (Residential Recreational Community) District Supplementary Use Regulations for setback extensions. OTHER Annual Review of the Planning Commission Bylaws and Roles and Responsibilities Senior Planner, Candice E. Perkins reported the guiding documents of the Planning Commission — the Bylaws and the Roles and Responsibilities are reviewed each fall, revised as appropriate, and then adopted during the first meeting of the calendar year. Ms. Perkins continued Staff solicited comments and suggested revisions from the Planning Commission in November. Minor Bylaws revisions were suggested and no revisions were suggested for the Roles and Responsibilities document. Ms. Perkins concluded any revisions that result from the discussion will be incorporated into the final documents, and returned to the Planning Commission in January for adoption. Cancelation of the regular meeting on December 16, 2015 Chairman Wilmot announced there were no pending items for the Planning Commission's December 16, 2015 meeting. A motion was made by Commissioner Thomas to cancel the December 16, 2015 meeting of the Planning Commission. This motion was seconded by Commissioner Oates and unanimously passed. Frederick County Planning Commission Page 3294 Minutes of December 2, 2015 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 7:45 p.m. Respectfully submitted, One M. Wilmot, Chairman Frederick County Planning Commission Page 3295 Minutes of December 2, 2015