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HomeMy WebLinkAboutPC_02-16-05_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 February 16, 2005 PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Pat Gochenour, Red Bud District; Marie F. Straub, Red BudlDistrict; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning A inistrator; Candice Mills, Planner; and Renee' S. Arlotta, Clerk. is CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Work Session Minutes of January 5, 2005 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Regular Meeting Minutes of January 5, 2005 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 02/14/05 Mtg. Commissioner Light reported that the CPPS began their discussions of the Urban Development Area (UDA) Study. He said they also discussed information on a UDA expansion request at Eastgate Commerce • Fredrick County Planning Commission Page 1459 Minutes of February 16, 2005 -z- Center and information regarding the Haggerty property. Commissioner Light noted that all of these items will require additional discussion by the CPPS. Historic Resources Advisory Board (HRAB1 02/15/05 Mtg. Commissioner Gochenour reported that the HRAB discussed a proposal by Greenway Engineering concerning the Russell 150 Rezoning, which is a historically - significant site located within the Sewer & Water Service Area (SW SA) and the Urban Development Area (UDA). Commissioner Gochenourreported the HRAB's recommendations on the proposal to the Commission which included saving the exi structures or, if this is not possible, the site should be thoroughly documented. Commissioner Gochenour stated that the HRAB also discussed By -Laws and future goals, which included the HRAB's desire to work with other historic agencies. Sanitation Authority — 02/15/05 Mtg. Commissioner Unger reported the following items from the Sanitation Authority meeting: rainfall for January was 1.8 inches, which is a little less than normal; four wells have been dug so far in the Clearbrook area, but none have been productive enough to use and they are working on their last well now; there is discussion about hiring an engineering firm to conduct a study on wastewater and water for Frederick County; 40 the estimated cost is about $185,000. Winchester Planning Commission — 02/15/05 Mtg. Commissioner Ours reported that the Winchester Planning Commission recommended approval of a site plan for the expansion of Westminster - Canterbury, located on the dividing line between Frederick County and the City of Winchester. Commissioner Ours said the site plan included apartment expansions, construction of a fitness center; parking revisions, and a service drive location. In addition, Commissioner Ours reported that the Winchester Planning Commission continued their discussions regarding condor enhancement, which is a text amendment to their zoning ordinance. He recognized that a number of Frederick County Commissioners have been interested over the years in corridor appearance into the City and through the County. He said the City has a very good plan and while it is structured towards the City environment, it contains many very good elements that could be used for other applications. He added that the City is also reviewing their Commercial Overlay District. • Fredrick County Planning Commission Page 1460 Minutes of February 16, 2005 -3- PUBLIC HEARING An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165- 37D(3) to allow waiving of distance requirements from the B1 (Neighborhood Business) District and the B2 (Business General) District buffer requirements. Action — Recommended Approval Zoning Administrator Mark R. Cheran reported that at the Development R6view & Regulations Subcommittee's (DRRS) meeting of December 9, 2004, members discussed a request from Greenway Engineering to amend Section 166- 37D(3) of the Zoning Ordinance to allow waiving of the distance portion of the zoning district buffer requirements. Mr. Cheran explained that Section 165 - 371)(3) currently requires the establishment of a Category B buffer when B 1 (Business Neighborhood) and B2 (Business General) properties are developed adjacent to RA -zoned properties primarily used for residential use. He noted that staff recommends that any waivers be limited to distances, not to screening. Mr. Cheran said that both the Planning Commission and the Board of Supervisors discussed this proposal previously and were in favor of the changes as presented. Commissioner Morris raised the possibility of a situation where the property line would back up to two different property owners and one property owner would consent to the waiver while the other one would not. He asked about the possibility of there being one kind of buffer along a portion of the property line and then another type of buffer for the remaining portion of the property line. Mr. Evan Wyatt with Greenway Engineering explained that this amendment would provide the opportunity for a property owner to come before the Commission and request a waiver; he said it does not mean a waiver would be granted in all situations. Mr. Wyatt stated that the proposed waiver would allow for a potential reduction in distance; basically for allowing a parking lot area to encroach within a portion of the buffer. He said that it does not eliminate or reduce any of the required landscaping under the existing buffer requirements. Mr. Wyatt believed this was a safe ordinance for the County because it required the consent of the adjoining impacted property owner prior to the Planning Commission's consideration. Mr. Wyatt said that, in addition, the proposed waiver will not allow structures to be placed any closer to the adjoining properly than the required setbacks. He said the end result of the waiver would allow a portion of a parking area to encroach within the inactive portion of the buffer; it does not eliminate any landscaping, it does not allow structures to be placed closer together, and it requires the consent of the adjoining property owner. Regarding Commissioner Morris' observation, describing a potential situation where a property line was bisected by two adjoining properties, Mr. Wyatt said that the waiver brought before the Commission would not be for the full property line. He said the Commission would have to look at the layout design and if the Commission was not comfortable with how the two layouts blended, then the Commission would not be obligated to grant the waiver. Commissioner Straub inquired about the possibility of a situation where the property owner of the B2 property is the same as the property owner of the residential property. Mr. Wyatt responded that they could grant themselves the opportunity to have a waiver brought before the Commission. He believed the biggest concern raised was the circumstance where property owners move onto a parcel and the adjoining property is vacant; then subsequently, something unexpected occupies the previously vacant property. He said that in the scenario raised, the purchaser of the property would already know what was on the adjoining lot. is Fredrick County Planning Commission Page 1461 Minutes of February 16, 2005 Chairman DeHaven called for public continents and the following person came forward to speak: Mr. Fred Stronko, a resident along Martinsburg Pike, was opposed to the idea of allowing a waiver for distance and buffer requirements because of the impacts of encroaching business and industry on adjacent residential homes. He said that the buffer requirements were established to protect adjoining property owners from noise, fumes, etc. Mr. Stronko was concerned that approving this ordinance would create a precedent for others to follow. Commissioner Kriz commented that he liked the flexibility this waiver would provide to enable good design in various areas. Commissioner Kriz moved for approval and this was seconded by Commissioner Ours. I BE IT RESOLVED, That by a majority vote, the Frederick County Planning Comm ission does hereby recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165 - 37D(3) to allow waiving of distance requirements from the B1 (Neighborhood Business) iDistrict and the B2 (Business General) District buffer requirements, as follows: The Planning Commission may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Planning Commission, the distance requirements of Section 165- 37D(1)(a) may be reduced provided the full landscaping screening requirements of this section are met. The vote was as follows YES (TO APPROVE) Paige, Triplett, Kriz, Ours, DeHaven, Light, Morris, Unger is NO: Gochenour, Straub (Commissioners Thomas and Watt were absent from the meeting.) PUBLIC MEETING Waiver Request 901 -05 of Richmond American Homes of Virginia, Inc., submitted by Charles P. Johnson & Associates, Inc. for an exception to the Frederick County Subdivision Ordinance, Section 144 -24(D) to allow the creation of a ten - foot -wide out -lot (remnant). The property is located in the Lynnehaven Subdivision, Section 1, Lot 2, on the southwest corner of Sesar Court and Farmington Boulevard. The property is also identified with P.I.N. 55K- 01 -01 -2 in the Red Bud District. Action — Recommended Approval Zoning Administrator Mark R. Cheran stated that the property contains a single - family dwelling which has been constructed over the front building setback of 35 feet on the right side. Mr. Cheran explained that the setback error was identified during the setback survey associated with the building permit. He noted that comer lots are considered to have two 35 -foot front setbacks, however, the actual front of the property is determined by measuring the shortest distance. Mr. Cheran stated that the applicant has made this waiver request to the Commission in order to create a side setback of ten feet on the property. Fredrick County Planning Commission Page 1462 Minutes of February 16, 2005 -5- Commissioner Unger asked for the number of feet encroached. Mr. Cheran replied that the structure is four feet over the building restriction line; he said that if the waiver is not granted, a Certificate of Occupancy can not be issued. Mr. Ian Williams, Esquire came forward to represent Allan Baken, Operations Manager for Charles P. Johnson & Associates, Inc., the engineering/design firm for the applicant, Richmond American Homes of Virginia, Inc. Mr. Williams said they were seeking the waiver as a result of a four -foot error in the placement of the house which was not discovered until the final inspection for an occupancy permit. He said that they first appeared before the Frederick County Board of Zoning Appeals, however, they were denied because of the Board's narrow hardship standard. Mr. Williams stated that are now seeking the interpretation of a broader discretionary authority, through the Planning Commission, via Section 144 -5, dealing with the opportunity to grant a variation, a waiver, or an exception. Mr. Williams said that their effort is to solve the problem within the boundaries of the ordinance. He explained that they are seeking to become compliant by taking Lot 2A, which in and of itself is compliant, and abutting it to Lot A as a necessitous adjunct to Lot 2A. Mr. Williams stated that the two lots cannot be severed or divisible and must convey together through deed. He added that the home fronts on Farmington Boulevard and Sesar Court is the side. Chairman DeHaven called for public comment, however, no one came forward to speak. Commission members had questions for the applicant and the staff to determine if this was an attempt to defeat the ordinance requirements or if it was merely an oversight. They inquired about the procedure for checking setbacks and whether the building inspectors were still being used to assist in the process. Members of the Commission understood that an error of this type could occur and believed the solution was a workable one. ® Upon motion made by Commissioner Ours and seconded by Commissioner Gochenour, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Waiver Request #01 -05 of Richmond American Homes of Virginia, Inc., submitted by Charles P. Johnson & Associates, Inc., for an exception to the Frederick County Subdivision Ordinance, Section 144 -24(D) to allow the creation of a ten -foot -wide out -lot (remnant). The property is located in the Lynnehaven Subdivision, Section 1, Lot 2, on the southwest comer of Sesar Court and Farmington Boulevard. Master Development Plan #02 -05 for Adams Development Group, Inc., submitted by Greenway Engineering, for office, warehouse, and self- service storage use. The property is located in Stephenson, fronting on the west side of Martinsburg Pike (Rt. 11), opposite the intersection with Stephenson Road (Rt. 664), and is identified with P.I.N. 44 -A -75 in the Stonewall Magisterial District. Action — Recommended Approval With Cul -de -Sac Length Waiver Planner Candice E. Perkins reported that this master development plan is a proposal to develop approximately 59.7 acres of B3 (Industrial Transition) -zoned property with office, warehouse, and self- storage, which is consistent with the proffers for the site. Ms. Perkins proceeded to describe the buffers along the north and south property lines and the landscape enhancements along the Martinsburg Pike corridor. She noted that the transportation proffer from the rezoning restricts the site to one commercial entrance off of Martinsburg Pike with ® a right -tun deceleration lane; contribution of additional right -of -way to VDOT, and an agreement to contribute Fredrick County Planning Commission Page 1463 Minutes of February 16, 2005 go ® towards the cost of signalization in the area of I -81 and Exit 321. Ms. Perkins continued, stating that the applicant is requesting that the Planning Commission approve a cul -de -sac length waiver with the review of this master plan; she said the waiver would allow the cul- de-sac to be greater than 1,000 feet in length and to be built in conformance with the generalized development plan submitted with the rezoning. Commissioner Morris inquired about the location of the bicycle trail on the master development plan. Mr. Evan A. Wyatt with Greenway Engineering was present to represent the property owners, Adams Development Group, Inc. Mr. Wyatt stated that installation of a bicycle trail was not proffered at the time of rezoning, however, an 80 -foot right -of -way is in place along Rt. 11. He said that despite the fact that the WATS plan does not call for future widening of this section of Rt. 11, the applicant is anticipating improvements to Rt. 11 from the limits of WATS to the West Virginia Line. As a result, the applicant proffered an additional 20 -foot right -of -way strip. Mr. Wyatt said there will be a 100 -foot right -of -way available for the Rt. 11 design, which will include 40 feet to accommodate a bicycle trail on their property, if the trail is ultimately a part of the design. Regarding the cul -de -sac length waiver request, Mr. Wyatt said that a narrative has been placed on the master development plan that states the distance of the cul -de -sac will not exceed 1, linear feet. He said that the road will not continue further towards the west because of I -81 and it would not connect to the mobile home park to the south. ® Mr. Wyatt next spoke about the wetlands adjacent to this property which were identified as pristine by a representative from the Corps of Engineers. He said they will be modifying their plan by moving the fence outside of the required buffer distance area so that it does not disturb the wetland area. He said they will also modify their landscape detail in the south buffer area to include the plants recommended by the Department of Forestry for riparian buffer areas. In addition, they are going to move the sewer force main out to where the fence will be relocated. Mr. Wyatt said that it was their intention to comply with the Corps of Engineers' recommendations, which is a no- disturbance area of what the Corps believes to be a pristine wetlands area. Commissioner Gochenour asked for additional clarification on the storm water management plan for the site and any investigations regarding the karst topography. Mr. Wyatt replied that instead of constructing the typical storm water management pond, they intend to incorporate best management practices which will achieve storm water quality before it enters the receiving channel. With regard to the karst topography, Mr. Wyatt said that when a site plan comes in for commercial development, drilling will have to take place at the building site to make sure there is no conflict with karst geology. He added that the County Engineer has requested the applicant's commitment to geotechnical investigation at the site plan stage and the applicant has agreed to that with the note that has been placed on the site plan. Commissioner Straub mentioned what appeared to be a residential property to the south which only has a six -foot fence for the buffer. Mr. Wyatt stated that the zoning ordinance gives the option of using a six -foot high opaque buffer, which could be a fence, a wall, a berm, or a mound. He said they decided to place an earthen berm with tree plantings on the north side, however, on the south side, they were reluctant to do grading because of the wetlands. 11 Fredrick County Planning Commission Page 1464 Minutes of February 16, 2005 -7- ® Chairman DeHaven called for public comments, however, no one came forward to speak. Members of the Commission believed the preliminary master development plan was consistent with the requirements of the zoning ordinance and was also in accordance with the proffers submitted with the rezoning. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #02 -05 for Adams Development Group, Inc., submitted by Greenway Engineering, for office, warehouse, and self - service storage use with the addition of a cul-de l sac length waiver, as requested by the applicant. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 8:00 p.m. submitted, 11 L 1 , t S. DeHaven, Jr., Secretary Fredrick County Planning Commission Minutes of February 16, 2005 Page1465