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PC 02-05-14 Meeting Minutes Frederick County Planning Commission Page 3055 Minutes of February 5, 2014 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 February 5, 2014. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District; Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison; and William Wiley, Winchester Planning Commission Liaison. ABSENT: J. Rhodes Marston, Back Creek District STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and Renee S. Arlotta, Clerk. ----------- CALL TO ORDER Chairman Wilmot called the February 5, 2014 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 and in remembrance of Marjorie M. Copenhaver. ------------- ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Crockett, the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- COMMITTEE REPORTS Development Review & Regulations Committee (DRRC) – 1/23/14 Mtg. Commissioner Unger reported the DRRC held their election of officers and he will remain Chairman for the upcoming 2014 year and Mr. Kevin Kenney will remain as the Vice-Chairman. Commissioner Unger said the other items of discussion were: 1) potential revisions to the landscaping requirements contained within the zoning ordinance pursuant to the Business Friendly Committee Frederick County Planning Commission Page 3056 Minutes of February 5, 2014 recommendations; 2) continuation of discussion on potential revisions to the Master Development Plan requirements contained within the zoning ordinance pursuant to the Business Friendly Committee recommendations; Commissioner Unger commented the DRRC felt the MDP should come through the Planning Commission and the Board of Supervisors; 3) discussion on potential revisions to the allowances for exemptions to the structure height maximums currently contained within the zoning ordinance; and 4) discussion on revisions to Part 702 of the Floodplain Overlay District. ------------- Conservation Easement Authority (CEA) – 1/23/14 Mtg. Commissioner Triplett reported the CEA continued their discussions on getting information out to the public about the advantages of conservation easements. Commissioner Triplett said a production team was chosen to create informational conservation easement brochures and videos. ------------- Southern Frederick Area Land Use Study (SFALUS) – 1/29/14 Mtg. Commissioner Mohn reported that SFALUS formally kicked off January 29, 2014. Commissioner Mohn said all the working groups gathered and started on their work; they will all be engaged over the upcoming month and should provide their initial reports back through Deputy Planning Director, Michael Ruddy, to the larger working group, and the Comprehensive Plans & Programs Committee by 28th of February. ------------- Committee Appointments Comprehensive Plans & Programs Committee Chairman Wilmot announced the appointments as follows: Christopher Mohn, Planning Commission member, Red Bud District; Gary Oates, Planning Commission member, Stonewall District; Rhodes Marston, Planning Commission member, Back Creek District; Paige Manuel, Planning Commission member, Shawnee District; Roger Thomas, to serve ex-officio, Planning Commission member, Opequon District; June Wilmot, to serve ex-officio, Planning Commission Chairman, At Large; James Golladay, Citizen Member and former Chairman of the Planning Commission; Kay Dawson, Citizen Member, Red Bud District; and Tony Morelli, Citizen Member, Opequon District. Development Review & Regulations Committee Chairman Wilmot announced the appointments as follows: Greg Unger, Planning Commission member, Back Creek District; Kevin Kenney, Planning Commission member, Gainesboro District; Gary Oates, Planning Commission member, Stonewall District; Lawrence Ambrogi, Planning Commission member, Shawnee District; Roger Thomas, to serve ex-officio, Planning Commission member, Opequon District; June Wilmot, to serve ex-officio, Planning Commission Chairman, At Large; Frederick County Planning Commission Page 3057 Minutes of February 5, 2014 Jay Banks, Citizen Member, Back Creek District; Tim Stowe, Citizen Member, Back Creek District; Dwight Shenk, Citizen Member, Gainesboro District; Eric Lowman, Citizen Member, Red Bud District; and Whitney Wagner, Citizen Member, Stonewall District. ------------- Citizen Comments Chairman Wilmot called for citizen comments on any subject not currently on the Planning Commission’s agenda. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #01-14 of Wesley W. Rudolph for a public garage without body repair at 2360 South Pifer Road. The property, zoned RA (Rural Areas), is identified with P.I.N. 81-A-50 in the Back Creek Magisterial District. Action – Recommended Approval with Conditions Zoning and Subdivision Administrator, Mark R. Cheran, reported the property under consideration is surrounded by RA-zoned properties with residential land use. Mr. Cheran said the proposed CUP (conditional use permit) is for a public garage without body repair, which is a permitted use in the RA Zoning District with an approved CUP. He noted this area of Frederick County is to remain rural in nature and is not subject to any land use study as noted within the Comprehensive Plan. He said the proposed use will be conducted in an existing structure on a 29-acre parcel. Mr. Cheran said the closest dwellings to the proposed use are greater than 500 feet away. He next read a list of recommended conditions, should the Planning Commission find the proposed use to be appropriate. Mr. Wesley W. Rudolph, the applicant and co-owner of the property, said he is requesting a CUP for a small engine repair shop to be located in an existing garage on property he owns in Star Tannery. Commissioner Unger asked the applicant for clarification on the type of engines he intends to repair. Mr. Rudolph said typically, it’s not auto repair but lawn mowers, chain saws, small compact tractors, and other items the average homeowner would use around his home and property. Commissioner Oates commented that recommended Condition #5 limits the applicant to repairing only five vehicles or equipment on site at any time. Commissioner Oates said five chain saws, weed eaters, or mowers are not many pieces of equipment and he asked the applicant if he felt that number was too restrictive. Mr. Rudolph believed that number could be somewhat restrictive, but he would abide by whatever condition the Commission sets forth. Frederick County Planning Commission Page 3058 Minutes of February 5, 2014 Commissioner Unger agreed with Commissioner Oates. Commissioner Unger said he could bring over five pieces of equipment for repair at one time and he believed that limiting the applicant to five pieces of equipment was too restrictive. Commissioner Crockett also agreed with the previous Commissioners’ comments. He said vehicles are one matter; however, for small engine repair it seems very restrictive. Commissioner Ambrogi commented that the repair activities will be taking place in an enclosed garage. Commissioner Thomas believed there were some redundant restrictions in the list of recommended conditions. Commissioner Thomas said he didn’t see any reason to have Condition #4 (No more than five customers per day) and Condition #5 (The applicant will be limited to repairing only five vehicles or equipment on site at any time) with Condition #6 (All repair activities shall occur entirely within the enclosed structure). Commissioner Thomas questioned limiting the number of customers and pieces of equipment, if all repair work is to be carried on inside. He suggested amending Condition #6 to include that all equipment storage will be within the enclosed structure. Chairman Wilmot asked the applicant if he would be the sole employee and Mr. Rudolph replied yes. Chairman Wilmot called for any citizen comments, either in favor or opposition to the CUP. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Unger made a motion to recommend approval of CUP #01-14 of Wesley W. Rudolph with the conditions recommended by the staff except for the deletion of Conditions #4 and #5 and an amendment to Condition #6 to state: All repair activities and storage shall occur entirely within the enclosed structure. This motion was seconded by Commissioner Triplett and was unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #01-14 of Wesley W. Rudolph for a public garage without body repair at 2360 South Pifer Road. The property, zoned RA (Rural Areas), is identified with P.I.N. 81-A-50 in the Back Creek Magisterial District, with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four square feet in size and five feet in height. 3. One employee allowed other than the applicant. 4. All repair activities and storage shall occur entirely within the enclosed structure. 5. Hours of operation shall be from 8:00 a.m. to 6:00 p.m.; no repair activities will take place on Sunday. 6. Any expansion or change of use shall require a new conditional use permit. Frederick County Planning Commission Page 3059 Minutes of February 5, 2014 (Note: Commissioner Marston was absent from the meeting.) ------------- ACTION ITEM Waiver Request submitted by Donohue & Stearns, PLC for a Reduction in Setback for an approved Telecommunications Tower for Verizon Wireless/Bertha McIlwee Trust. The property is located at 2250 Back Mountain Road (Rt. 600) and is identified with P.I.N. 49-A-28 in the Back Creek District. Action – Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported this request is for a waiver for a 195-foot telecommunications tower for Verizon Wireless/Bertha McIlwee Trust which was approved through CUP (conditional use permit) #03-13 by the Board of Supervisors on September 9, 2013. Mr. Cheran stated that without the requested waiver, this tower would need a setback of 210 feet from the nearest property line. He said the applicant provided a letter from a certified Virginia engineer, confirming the collapse zone of the proposed monopole would be equal to or less than the setback provided, specifically, 74 feet; the letter has been included within the Commission’s agenda package this evening. Mr. Cheran explained that at the time this CUP was presented to the Planning Commission and the Board of Supervisors, the setback waiver was not specifically acted upon; the CUP was approved, but no action was specifically taken on the setback waiver. Mr. Cheran stated the proposed waiver could possibly affect four adjoining properties. The Planning Department sent notifications to those adjoining properties; however, no comments were received by the staff. Mr. Cheran added that should the waiver be granted, it would result in a 111.4 foot setback reduction from the RA setbacks. Commissioner Thomas inquired if the tower manufacturer could sell the rights to install the tower to another tower manufacturer, if the waiver request is approved. Mr. Cheran replied they would still have to abide by the CUP with the waiver; the CUP and the waiver would stay with the land. Commissioner Thomas asked if they would still have to comply with the engineer’s certification and Mr. Cheran replied yes. Commissioner Unger asked for clarification on why the Commission was reviewing this again; he asked if the location changed. Mr. Cheran replied the location stayed the same. Mr. Cheran said at the time this was presented to the Planning Commission and the Board of Supervisors, the waiver request was not specifically acted upon and, therefore, the Board of Supervisors tabled the CUP and the request was sent back through the process. Ms. Stephanie Petway, representing Verizon Wireless, stated the location remains the same. She said this is primarily an administrative issue as the waiver was not included as part of the conditions of approval. Ms. Petway said they had requested the waiver, the waiver request was included in the application and was discussed by the Planning Commission, however, when it went to the Board of Supervisors, the waiver was not included for approval. Frederick County Planning Commission Page 3060 Minutes of February 5, 2014 Commissioner Dunlap commented that the letter from the structural engineer included within the agenda packet is three years old. Ms. Petway said the applicant started this process three years ago and this is the same manufacturer they would use to construct the tower. She said they could get a more current letter, but it is the same information. Chairman Wilmot called for any citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the discussion. Commissioner Unger recommended approval of the waiver of the setback. This motion was seconded by Commissioner Triplett and passed by the following majority vote: YES (TO REC. APPROVAL): Unger, Ambrogi, Manuel, Crockett, Oates, Kenney, Triplett, Dunlap, Mohn, Wilmot NO: Thomas (Note: Commissioner Marston was absent from the meeting.) ------------- INFORMATION/ DISCUSSION ITEMS Revised Master Development Plan #02-14 for Doonbeg, submitted by Greenway Engineering, Inc., to develop 4.78 acres into 25 single-family small lots. The property is located on the north side of Apple Valley Road (Rt. 652), approximately ¼ mile west of Valley Pike (Rt. 11 South) intersection. The property is identified with P.I.N. 63-((A))-52A in the Back Creek Magisterial District. This item is presented for informational purposes only. No Action Required Senior Planner, Candice E. Perkins, reported this is a proposal for a 25 single-family, small-lot development located off Apple Valley Road. Ms. Perkins said this is a revised MDP (master development plan) and the original MDP was approved back in 2012. She said Apple Valley Road and the cul-de-sac through the development remain in the same location originally approved. Ms. Perkins said there are two primary changes with this MDP. The first change is the addition of one residential lot, which is the result of the property owner acquiring additional acreage. The second change is the elimination of a residential separation buffer originally shown along the back property line. Ms. Perkins pointed out that with the modification of the RP standards back in January of 2013, the residential separation buffers between those housing types were removed. Ms. Perkins noted that although the MDP does show the removal of the buffer, the applicant will be retaining the existing fence along the northern property line, which is labeled on the MDP. In addition, the original MDP contained a number of waivers and all of those waivers stay with the property and remain in place. Ms. Perkins said this is a revised MDP and is being presented as an informational item only. Mr. Evan A. Wyatt, with Greenway Engineering, was present to answer any questions from the Commission. Frederick County Planning Commission Page 3061 Minutes of February 5, 2014 No issues or concerns were raised by members of the Commission. No action was needed or required by the Commission at this time. ------------- Revised Master Development Plan #01-14 of Snowden Bridge, submitted by Greenway Engineering, Inc., to develop 1,234 units of single-family, townhouse, and multi-family houses. The subject properties are located on the south side of Old Charles Town Road (Rt. 761) and Jordan Springs Road (Rt. 664) and east of Milburn Road (Rt. 662). The properties are identified with P.I.N.s 44-A-31B, 44-A-292A, and 44-A-293 in the Stonewall Magisterial District. Please note this item is presented for informational purposes only. Request for Waiver – Recommended Approval Senior Planner, Candice E. Perkins, reported this revised MDP (master development plan) is a proposal for 364.7 acres of land, zoned R4 (Residential Planned Community); however, the actual change only applies to approximately 158 acres of the development. Ms. Perkins reported a total of 1,234 units within the entire development and will consist of a mix of single-family, townhouse, and multi-family units. She noted this MDP contains revisions to “Revised MDP-REV #2,” which was reviewed by the Planning Commission in December 2012 and the Board of Supervisors in January of 2013. She said the primary revisions to this plan, “Revised MDP-REV #3,” are modifications to the road network and housing types within the undeveloped portion of Landbay III. Ms. Perkins stated the applicant is requesting a waiver from the Board of Supervisors for the residential separation buffer required by Section 165-203.02C and will require a recommendation from the Planning Commission. She explained the RP District changes adopted in January of 2013 introduced a requirement for a buffer between multiplex units and single-family units. She noted the zoning ordinance requires a Category B buffer as a residential screening element between the proposed multiplex units and the existing residential properties which front on Jordan Springs Road. She said the zoning ordinance allows the Board to consider a waiver of this buffer, “…if the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective.” Ms. Perkins said the existing residential structures on Jordan Springs Road sit much higher than the proposed multiplex units proposed in the Snowden Bridge Development. Mr. Evan A. Wyatt with Greenway Engineering, representing this MDP, stated there is a fairly lengthy distance between the existing residences and the proposed residences. He said the closest unit from an existing residence was greater than 200 feet and others were over 300-400 feet. Mr. Wyatt said the primary issues were the dropping topography and grading, and a ravine. He explained if the six- foot high, board-on-board fence was constructed, in conjunction with the road, it would not supply the desired buffer and existing residents will still look over roof tops. Mr. Wyatt said the applicant has sent letters to the property owners in this area and offered to place landscaping, which would have otherwise been required, if the residents would supply them an easement to do so. Frederick County Planning Commission Page 3062 Minutes of February 5, 2014 Commissioner Kenney commented that the diagram submitted was not a true depiction of scale and he would have preferred to see a more realistic view in order to make a decision. Other Commissioners commented that if the six-foot fence was constructed, it would not create the desired buffer because the view would be across the top of the fence and the sides of the townhouses would still be within view. They were of the opinion the fence would not be practical in this situation and the waiver request was valid. Commissioner Crockett made a motion to recommend approval of the request for a waiver from the residential separation buffer required by Section 165-203.02C between the proposed multiplex units and the existing single-family units. This motion was seconded by Commissioner Dunlap and was unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of the request for a waiver from the residential separation buffer, required by Section 165-203.02C of the zoning ordinance, between the proposed multiplex units and the existing single-family units as requested by Greenway Engineering, Inc. for revised Master Development Plan #01-14 of Snowden Bridge. (Note: Commissioner Marston was absent from the meeting.) ------------- OTHER Planning Commission Annual Retreat Chairman Wilmot announced the Planning Commission will have their 2014 Annual Retreat this Saturday, February 8, at the Holiday Inn Winchester Historic Gateway, beginning at 8:00 a.m. Chairman Wilmot stated this year, the Planning Commission’s discussions will focus not on “what” the Commission does, but “how” the Commission does its work. ------------- Cancelation of the February 19, 2014 Regular Meeting of the Planning Commission Chairman Wilmot announced there were no pending items for the Commission’s February 19, 2014 meeting. Upon motion made by Commissioner Thomas and seconded by Commissioner Mohn, the Planning Commission voted unanimously to cancel their meeting of February 19, 2014. -------------