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DRRC 06-28-18 Meeting Summary 1 DRRC Meeting Summary for 06/28/2018 Members Present: Kenney, Oates, Stowe, Shenk, Ambrogi, Banks, Wagner, & Unger Members Absent: Thomas & Wilmot Staff Present: M. Tyler Klein, AICP, Planner; Candice Perkins, AICP, Assistant Director Others Present: Evan Wyatt (Greenway Engineering), Planning Commissioner H. Paige Manuel, plus 15 members of the public The meeting was called to order at approximately 7:00 PM by Chairman Unger. Item #1 – Updates from previous DRRC discussions. Discussion of a request from the May 24th meeting regarding the use of shipping containers as accessory storage in certain zoning districts. Mr. Tyler Klein provided a Staff summary of the previous discussions by the DRRC on the proposal. The DRRC generally supported the proposed text amendment, as drafted, which prohibits the use of shipping containers as accessory storage in only the RP, R4, and R5 zoning districts. Shipping containers would be allowed in all other zoning districts as accessory storage, including the RA District, pending they meet the applicable setback requirements for accessory structures. The DRRC directed Staff to express concern to the Board to not further restrict their use in the RA zoning district. This item, as presented, was supported by the DRRC and will be forwarded to the Planning Commission for further discussion. Item 2 – Riparian Buffers. Discussion of a request to allow site access, parking spaces, loading spaces, and circulation within delineated riparian buffers. This request was initiated by a private consultant/engineer (Greenway on behalf of St. Paul on the Hill). Mr. Klein provided a Staff overview of the request, the existing zoning ordinance requirements for riparian buffers, and Staff’s evaluation of the proposal to allow additional development activities within riparian buffers. Staff noted, riparian buffers play an important role in managing on-site stormwater and water quality. Mr. Evan Wyatt of Greenway Engineering provided an example of a different approach to development within riparian buffers, the Creek Side Development within the City of Winchester and immediately adjacent to Frederick County. The DRRC did not support this request for a text amendment to the riparian buffer section of the Zoning Ordinance. The DRRC specifically cited the desire of the County to protect the integrity of a stream channel and to protect the natural function for stormwater management. It was noted by the Committee that once development is allowed within a riparian buffer, the riparian buffer could not be restored to its natural state. This item, as presented, did not receive support from the DRRC and will not go forward to the Planning Commission for further discussion. 2 Item 3 – Zoning District Buffers. Discussion of a request to amend the Category A Buffer category requirements to allow parking to locate as close as 10-feet from property line if screening is provided. This request was initiated by a private consultant/engineer (Greenway on behalf of St. Paul on the Hill). Mr. Klein provided a Staff overview of the request, the existing zoning ordinance requirements for Zoning District Buffers, and Staff’s evaluation of the proposal to reduce the active distance portion of the zoning district buffer to allow for parking as close as 10-feet from the property line. Staff added that the Zoning Ordinance already provides for a waiver opportunity of the buffer requirements, by the Board of Supervisors, if the Applicant can secure consent from the adjoining property. Staff also noted, the Board of Supervisors had recently expressed concern with amending the buffer requirements for developments in the RP (Residential Performance) zoning district and the potential impact to adjacent (existing) properties without owner consent. Mr. Evan Wyatt of Greenway Engineering provided additional clarification on the request and citied the St. Paul on the Hill project as an example of where this proposed amendment would be beneficial to the development of projects within the County’s Urban Development Area (UDA) as supported by the Comprehensive Plan. Mr. Wyatt confirmed the Applicant has not pursued a waiver of the zoning district buffer requirement under the current Zoning Ordinance requirements. The DRRC did not support this request for a text amendment to the zoning district buffer section of the Zoning Ordinance. The DRRC reaffirmed that an existing mechanism already existed in the Zoning Ordinance in the form of a waiver through the Board of Supervisors through which a property owner could get a reduction in the Category A buffer requirement without amending the Zoning Ordinance. The DRRC also expressed concern with allowing development closer to adjacent properties without any consideration for the adjoining property owner. This item, as presented, did not receive support from the DRRC and will not go forward to the Planning Commission for further discussion. Item 4 – Off-Street Parking. Discussion of a request to develop off-street parking and site access required for the primary land use within limited portions of properties that are split-zoned (and/or split-zoned as a result of road right-of-way). This request was initiated by a private consultant/engineer (Greenway on behalf of the Ganse family). Mr. Klein provide a Staff overview of the request, the existing zoning ordinance requirements for off- street parking, and Staff’s evaluation of how this may impact split-zoned parcels. Staff noted split-zoned parcels were not very prevalent throughout the County, but they did exist in a small number of circumstances. Mr. Evan Wyatt of Greenway Engineering provided an example of how the dedication of right-of-way to support the County’s Comprehensive Plan future planned roadways could create split- zoned parcels within certain developments and where the existing rezoning process would otherwise be expensive and time consuming to correct. Staff added, that the proposed project presented by Mr. Wyatt had not been brought to the attention of Staff as of the meeting and that there may be opportunities within the existing rezoning application process to waive certain requirements to ensure the project proceeds at the desired pace. The DRRC did not support this request for a text amendment to the off-street parking section of the Zoning Ordinance. The DRRC did not believe addressing split-zoning through the off-street parking requirements was the appropriate remedy. The DRRC directed the text amendment Applicant (Greenway) to work with Staff to identify if another mechanism (i.e. a rezoning application processed concurrently with a site plan) may be a more appropriate course of action as it pertained to the particular site presented (Ganse property off Route 7); or if a different text amendment (to-be-drafted) to the rezoning or site plan sections of the Zoning Ordinance would address split-zoning issues. 3 This item, as presented, did not receive support from the DRRC and will not go forward to the Planning Commission for further discussion. Staff noted they would reach out to Mr. Wyatt following the meeting to set up a meeting date and time to discuss the project proposal and alternative actions that could be taken to address the issue of split- zoning. There were no other items discussed. Staff noted they continue to work with the County Attorney’s office to amend the sign section of the Zoning Ordinance and this item would be coming to the DRRC for discussion later in the fall (DRRC meeting date to-be-determined). Staff noted the next meeting would be in July as needed. The meeting concluded at 8:10 PM.