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PC 08-20-14 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 20, 2014. 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; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; J. Rhodes Marston, Back Creek District; Greg L. Unger, Back Creek District; Charles E. Triplett, Gainesboro District; Kevin Kenney, Gainesboro District; Christopher M. Mohn, Red Bud District; Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison; Mark Loring, City of Winchester Liaison, ABSENT: J. Stanley Crockett, Stonewall District; Charles F. Dunlap, Red Bud District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee S. ArIotta, Clerk. CALL TO ORDER Chairman Wilmot called the August 20, 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. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the minutes of their July 16, 2014 meeting. Frederick County Planning Commission Page 3133 Minutes of August 20, 2014 -2 - COMMITTEE REPORTS Transportation Committee — 8/4/14 Mtg. Commissioner Oates reported the following items from the Transportation Committee meeting: 1) considered a request for a "Blind Child at Play" sign; since the property was on a cul-de-sac and research has determined motorists become desensitized to such signs over time, the committee believed this was not a good use of funds; 2) a report by VDOT regarding a house bill directing money for road projects, such as Route 277, to be pooled together; a list of criteria will be established to rank projects for funding; the criteria should be available in November; and 3) an update on the Six -Year Road Plan from VDOT. Frederick County Sanitation Authority (FCSA) — 8/19/14 Mtg. Commissioner Unger reported the following from the FCSA meeting: the total customer base for water is 14,124; the total customer base for sanitation is 13,639; July rainfall totaled 3'/z inches; production from the Diehl plant was 2.6mgd; the Anderson plant was 1.6mgd; 1 %2 mgd water was purchased from the City of Winchester; the daily average water use was 5'/2 mgd; the Diehl plant's elevation was the same as the previous month; the Anderson plant's elevation was down about three feet; nitrogen problems continue at the Parkins Mill plant, which is coming from the Hood plant. A considerable number of water leaks were corrected in the previous month; leakage went from 17% down to 5%. The final topic of discussion was the problem in Fredericktowne with flooding; the SA is considering smoke tests, placing meters, and corrections to Stephens Run. City of Winchester Planning Commission — 8/19/14 Mtg. Chairman Wilmot welcomed Commissioner Mark Loring, the City of Winchester Planning Commission Liaison. Commissioner Loring reported the Planning Commission for the City of Winchester considered seven public hearings and recommended all for approval. Commissioner Lauren highlighted two: the first, Verizon, requested a conditional use permit (CUP) to install new telecommunications facilities on top of the George Washington Hotel and existing Nextel equipment will be removed; the second public hearing was a CUP for the City of Winchester to replace the existing 85 -foot communications tower at the public safety center with a 150 -foot tower. There were three administrative approvals: one in particular, was a site plan for the new cancer center at the hospital. Frederick County Planning Commission Page 3134 Minutes of August 20, 2014 -3 - Board of Supervisors Report — 8/13/14 Mtg. Board of Supervisors' Liaison, Supervisor Robert Hess, reported the Board considered five action items that were previously on the Planning Commission's agenda and included three amendments to the 2030 Comprehensive Plan. He said all of the amendments, the McCann -Slaughter property, expanding the SWSA in Middletown north of the Lord Fairfax Community College, and expanding the SWSA east of I-81 at Middletown, were unanimously approved. Supervisor Hess stated the Cowperwood-FEMA Rezoning was unanimously approved; and, the request for a waiver for private roads in the Lake Frederick subdivision was also approved. Commissioner Robert Molden Appointed to CPPC Chairman Wilmot appointed Commissioner Robert Molden to the CPPC (Comprehensive Plans and Programs Committee). Commissioner Molden accepted the Chairman's appointment to serve. 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. The following person came forward to speak: Mr. John Goode of the Stonewall District and member of the Business Friendly Committee thanked the Commission on behalf of Mr. Ty Lawson, Mr. Bruce Carpenter, and himself for the opportunity to meet with the DRRC (Development Review and Regulations Committee) in April to discuss the proposed amendment to the landscape ordinance. Mr. Good stated the changes before the Commission on this evening's agenda for discussion are of only little help. He said various items are unaddressed and he provided two examples: diminutive changes to a site which the planning director cannot waive; and second, the massive amount of plant materials required for buffering. He believed there were public safety issues resulting from the intensity and needless extent of landscaping required by the ordinance. PUBLIC HEARING 2030 Comprehensive Plan Amendment, CPPA; Frederick County Public Schools Sewer and Water Service (SWSA) Adjustment — The request is for consideration of an amendment to the Sewer and Water Service Area (SWSA) to serve the proposed 4"' High School of approximately 83 acres. The property is located adjacent to and east of Admiral Richard E. Byrd Middle and Evendale Elementary Schools. The property is identified with P.I.N. 76 -A -96E in the Shawnee Magisterial District. Frederick County Planning Commission Page 3135 Minutes of August 20, 2014 -4 - Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported this amendment to the 2030 Comprehensive Plan would result in an 83 -acre expansion of the Sewer and Water Service Area (SWSA) around the property purchased for the fourth rligh School. tle said this expansion is imynediately adjacent to the existing SWSA. Mr. Ruddy explained the Frederick County Public Schools requested the amendment to the SWSA in an effort to serve the recently -acquired high school site located at the eastern terminus of Justes Drive, adjacent to the Admiral Byrd Middle School and the Evendale Elementary School. He noted the property is located within the Senseny/Eastern Frederick Area Plan and the proposed expansion of the SWSA is consistent with the approved Area Plan. Mr. Wayne Lee, LEED, AP, Coordinator of Planning and Development for Frederick County Public Schools was available to answer any questions from the Commission. Chairman Wilmot opened the public hearing and called for anyone who wished to speak regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. appropriate. No questions were raised by the Commission and they believed the request was Upon motion made by Commissioner Oates and seconded by Commissioner Mohn, BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the 2030 Comprehensive Plan Amendment, CPPA; Frederick County Public Schools Sewer and Water Service (SWSA) Adjustment. This request is for an amendment to the Sewer and Water Service Area (SWSA) to serve the proposed fourth High School and consists of approximately 83 acres. The property is located adjacent to and east of Admiral Richard E. Byrd Middle and Evendale Elementary Schools. (Note: Commissioners Crockett and Dunlap were absent from the meeting.) ACTION ITEM Waiver Requests and Master Development Plan Review for Wright Renovations, Inc. submitted by Michael Artz of Marsh & Legge Land Surveyors, P.L.C. The following waivers to the Frederick County Subdivision Ordinance, Article V, Design Standards, are requested: Section 144-17(L) Curbs and Gutters; Section 144-18 (A) (1), Sidewalks and Pedestrian Walkways; Section 144-19, Streetlights; Section 144-24 Lot Requirements, (C) Lot Access; Section 144-26 Buffers and Screens; and Section 144-28 Dedication of Common Open Space. The requested waivers will allow a subdivision resulting in the existing homes each being located on individual lots. This property is identified with P.I.N.s 54F -A-22 and 54F -A -22A in the Red Bud Magisterial District. Action — Recommended Approval of Waivers Frederick County Planning Commission Page 3136 Minutes of August 20, 2014 -5- Zoning and Subdivision Administrator, Mark R. Cheran, reported the subject properties are located on the southeastern side of the intersection of Dowell J. Circle (Rt. 1240) and Anderson Avenue. Mr. Cheran said the MDP (Master Development Plan) for Wright Renovation's Inc. depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, MDP, of the Frederick County Zoning Ordinance; however, in order for this MDP to be administratively approved and a three-parcel subdivision to occur, the Board of Supervisors would need to act on six separate waivers. Mr. Cheran added the Board of Zoning Appeals approved reduced lot sizes and setbacks to accommodate the two existing dwellings. He commented that this is a clean-up exercise because there are two dwellings existing on one parcel. Mr. Cheran proceeded to review each of the requested waivers with the Commission. Specifically, the six waivers to the Frederick County Subdivision Ordinance, Chapter 144, involved requirements for curb and gutter, sidewalks, streetlights, direct access to a public street or right-of-way, recreational facilities, and open space. Mr. Cheran provided justifications for each of the requested waivers, stating the surrounding lots do not have curb and gutter; the surrounding lots do not have sidewalks; the surrounding lots do not have streetlights; there is no homeowners associations to support and maintain recreational facilities or to dedicate open space; and regarding direct access to a public street or right-of-way, Anderson Avenue is a private street and serves as access for 103 Anderson Avenue. Mr. Cheran stated that while the MDP is presented as an informational item, staff is seeking a recommendation from the Planning Commission to the Board of Supervisors on the six requested waivers to the subdivision ordinance. Commissioner Manuel inquired about who was responsible for road maintenance and snow removal of Anderson Avenue, since it is a private street. Mr. Cheran believed the neighbors collectively pitch in to do necessary maintenance. Mr. Michael M. Artz of Marsh & Legge Land Surveyors, P.L.C. was representing this application. Mr. Artz stated this was a clean-up exercise. There are two existing lots with one lot fronting on Dowell J. Circle and the other is a corner lot fronting on Dowell J. Circle and Anderson Avenue. He explained the lot on Anderson Avenue contains two dwellings and they are simply attempting to separate the two houses onto their own individual lots. He said the end result is three lots because they plan to take the adjoining lot and do a boundary line adjustment to take care of the existing encroachment. The end result will be three dwellings on three individual lots. Mr. Artz said he received confirmation from Ms. Kelly Hinshaw at the City of Winchester that she has no issues with the subdivision of this property; this will provide the sanitary sewer and water for these parcels. He has also received confirmation from the VDOT that they have no issues with this subdivision. Commission members agreed this was a necessary clean-up exercise and believed it was appropriate to grant the waivers needed. Commissioner Mohn made a motion to recommend approval of all six of the requested waivers to the subdivision ordinance for Wright Renovations, Inc. This motion was seconded by Commissioner Ambrogi and was unanimously passed. Frederick County Planning Commission Page 3137 Minutes of August 20, 2014 -6 - BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Waiver Requests and Master Development Plan Review for Wright Renovations, Inc. submitted by Michael Artz of Marsh & Legge Land Surveyors, P.L.C. The following waivers to the Frederick County Subdivision Ordinance, Article V, Design Standards, are requested: Section 144-17(L) Curbs and Gutters; Section 144-18 (A) (1), Sidewalks and Pedestrian Walkways; Section 144-19, Streetlights; Section 144-24 Lot Requirements, (C) Lot Access; Section 144-26 Buffers and Screens; and Section 144-28 Dedication of Common Open Space. The requested waivers will allow a subdivision resulting in the existing homes each being located on individual lots. (Note: Commissioners Crockett and Dunlap were absent from the meeting.) INFORMATION/ DISCUSSION ITEMS: Discussion on Revisions to the Frederick County Zoning Ordinance to Modify the Landscaping Requirements. No Action Required Planning Director, Eric R. Lawrence reported the Planning Staff has been working with the Frederick County Business Climate Assessment Committee (also called the Business Friendly Committee) for a number of years on the landscaping requirements within the ordinance. Mr. Lawrence said this past spring, an amendment was brought before the Commission that essentially did not modify the landscaping requirements, but cleaned up where the requirements were placed. He said a discussion was held with the Planning Commission on April 2, 2014 and although the Commission believed this amendment was appropriate, they sought some additional changes and it was sent back to committee. The DRRC (Development Review and Regulations Committee) met at the end of April with representatives of the Business Friendly Committee and modified the ordinance through various other discussions to include a minor site plan requirement provision. In addition, the minor site plan requirement allowed for the Zoning Administrator to determine what the appropriate landscaping would be. Mr. Lawrence said the DRRC reviewed this in June and forwarded their recommendations to the Commission. Commissioner Oates stated the amendment allows for landscaping improvements to be proportional to the size of construction and this should address the concerns raised by the Business Friendly Committee. Commissioner Oates referred to Section 165-802.03 Site Plan Contents (D) (16) "Any other information determined by the Zoning Administrator necessary for the review of the minor site plan," and he suggested the addition of (17) "The Zoning Administrator may delete any of the above criteria on a minor site plan if it is not warranted." Mr. Lawrence stated up until this time, there has been a minor site plan process; it simply wasn't codified and was a common sense approach. He said now it is being codified and the flexibility Commissioner Oates is suggesting should be provided. Commissioners agreed the addition of a 17'x' condition which provides that flexibility would be appropriate. Frederick County Planning Commission Page 3138 Minutes of August 20, 2014 Discussion of the Zoning District Buffer Waiver Option — Revision to the Frederick County Zoning Ordinance to allow for a Zoning District Buffer Waiver when the planned land use shown in the Comprehensive Plan is compatible. No Action Required Commissioner Oates said he would abstain from all discussion on this item due to a possible conflict of interest. Planning Director, Eric R. Lawrence stated the zoning ordinance requires various zoning district buffers to lessen impacts, such as those buffers separating a commercial -industrial use from an adjacent residential property. He said the staff has encountered situations where a commercially -zoned property is adjacent to rural areas (RA -zoned property) with a dwelling and the owner of the rural areas property has stated he doesn't need the buffer because he plans to rezone his property at some point in the future to be consistent with the Comprehensive Plan and will seek a B2 Zoning. He explained that if the buffer is installed, whether it is one year or ten into the future, there will be a buffer in the middle of a commercial zone. Mr. Lawrence said if the adjacent property owner agrees in writing and the adjacent property is consistent with zoning, this situation should qualify for a waiver of the buffer requirements. Mr. Lawrence stated the DRRC (Development Review & Regulations Committee) reviewed this in June and has forwarded it to the Commission for discussion and consideration. Commissioner Kenney was in favor of this amendment. He was in favor of reducing the amount of buffers to lessen the impact on the developer, as long as there is an agreement which is enforceable. Commissioner Thomas also agreed with the amendment, but he raised a concern about possible repercussions. He asked if there should be a standard agreement the two property owners would need to sign which would protect Frederick County from being caught in the middle, if the adjacent property owners end up in court. In response to Commissioner Thomas' inquiry, County Attorney, Roderick Williams stated it would be possible to draft a standard agreement. Mr: Williams said, hopefully, the property owners would use the form, but he was not certain the county would be able to refuse a form the property owners would draw up on their own or with their own attorneys. Commissioner Unger was also in favor of a signed agreement in the event the property is sold, so the future buyer knows a buffer was not required. Commissioner Mohn said his only concern with this was future transitions of properties that are most likely to happen, despite the fact the two adjoining property owners may now get along and share a vision. Commissioner Mohn said if the properties do change hands, the only way for a subsequent buyer to find out is through a title search; otherwise, the Planning Staff may be faced with an issue as to why the buffer isn't there and the owner has impacts which need to be mitigated. Commissioner Mohn agreed with Commissioner Kenney that this was a good amendment and any flexibility which can be provided within the ordinances relative to buffers is good. He said for him, it is essentially working out the details and especially as attention moves toward mixed uses in future development. Frederick County Planning Commission Page 3139 Minutes of August 20, 2014 -S - Mr. Lawrence suggested another approach which is "buyers beware." He said if the waiver is granted and the commercial activity is developed with no buffer, and then the adjacent property is sold, there is no buffer in place for the new owner. Mr. Lawrence said the concern is if the property changes before the construction occurs. He said there may be a way to make sure the future adjacent property owners know about the waiver. He pointed out there are various actions and decisions made that are part of the county record, but not a part of the courthouse record. Consequently, it's always a "buyers beware" situation, where the prospective buyer needs to obtain information on his own. Mr. Lawrence pointed out the most important aspect of this is being consistent with the Comprehensive Plan. He said if the County's vision for an area is commercial and not residential or rural, this is where the waiver opportunity would apply. Mr. Lawrence said the staff would forward the Commission's comments on to the Board of Supervisors for their discussion. Discussion on Revisions to the Frederick County Zoning Ordinance Regarding Screening Requirements for Outdoor Storage Areas. No Action Required Commissioner Oates said he would abstain from all discussion of this item, due to a possible conflict of interest. Planning Director, Eric R. Lawrence, reported the current zoning ordinance requires all outdoor storage areas to be completely screened from the view of the road and street right-of-way and from surrounding properties by a fence, wall, mound, or screening (landscaping). Mr. Lawrence explained if there are two adjacent property owners that both have outdoor storage, the ordinance requires that both of those outdoor storage areas shall be enclosed with a screening mechanism. He said this proposed amendment basically states that if there are two outdoor storage areas adjacent to each other, it may not be necessary to screen between the two of them. Mr. Lawrence said an issue raised during discussions on this matter was a scenario where one of the adjacent property owners desires to redevelop their property and eliminate the outdoor storage to have more productive use of the land; this would result in the absence of any screening against the neighboring property. Commissioner Kenney commented there was considerable discussion of this subject during committee meetings, particularly as it pertains to the industrial areas. He said in the scenario raised where someone desires to redevelop their property from outdoor storage to useable property, it should be kept in mind the subject parcels are located within an M1 or M2 District, where this typically would come into play. Commissioner Kenney said he has had many years of experience in the development environment and most often, once a building is constructed for a particular purpose in an industrial area, the use rarely changes. He said he has observed 12 -foot wide strips of trees with a chain link fence in between in some of the industrial areas; he believed it becomes redundant within some industrial parks when you observe what is required there. Frederick County Planning Commission Page 3140 Minutes of August 20, 2014 -9 - Commissioner Thomas added if the property use did change, the property which converted use would then be required to install screening on their property. In essence, there would be only one screen placed between the properties. He said the property owner who changed use would lose nothing because he would still have use of the same amount of property, if the screen would have been built originally. Commissioner `Phomas said screening would still be required from sites of roads and other non -similar uses. Mr. Lawrence said he would forward the Commission's comments on to the Board of Supervisors. D Cancelation of the Reeular Meetine on September 3, 2014 Chairman Wilmot announced there were no pending items for the Planning Commission's August 6, 2014 meeting. However, that particular time will be used for the staff to hold a briefing on a complex application that will soon be coming before the Commission. Chainnan Wilmot said the Board of Supervisors will be asked to join the Commission for this briefing. A motion was made by Commissioner Thomas to cancel the September 3, 2014 meeting of the Planning Commission and to replace it with a work session on the same day and time. This motion was seconded by Commissioner Manuel and unanimously passed. 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, Wilyd'ot. Chairman Eric RI Lawrence, Secretary Frederick County Planning Commission Page 3141 Minutes of August 20, 2014