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PC_05-18-05_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 May 18, 2005 I PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; John H. Light, Stonewall District; George J. Kriz, Gainesboro District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; Cordell Watt, Back Creek District; and June M. Wilmot, Shawnee District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At- Large; Gary Dove, Board of Supervisors' Liaison; Lawrence R. Ambrogi, Legal Counsel; and David Shore, City of Winchester Liaison ABSENT: Richard C. Ours, Opequon District STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice Perkins, Planner; and Renee' S. Arlotta, Clerk. 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 Commissione I r Triplett, the Planning Commission minutes of April 20, 2005 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 05/09/05 Mtg. Commissioner Light reported that the CPPS appointed Comtissioner Morris to head the project for initiating a potential bicycle plan program for the County. I Frederick County Planning Commission Page 1519 Minutes of May 18, 2005 -z- Sanitation Authority — 05/17/05 Mtg. Commissioner Unger reported that rainfall for the month of April was down and less than two inches; all plants are operating satisfactorily; water levels within the quarries are in good condition; and discussion took place on upgrading the Parkins Mill plant to five million gallons per day. City of Winchester Plannine Commission Mr. David Shore, City of Winchester Liaison, reported that the Winchester City Council adopted an updated Comprehensive Policy Plan last week. Mr. Shore stated that on the same evening, they approved a major rezoning involving two properties consisting of approximately 50 acres, located off Amherst Street on the west side of the City. He said that one of the properties, a five -acre parcel of land on Amherst Street owned by Clinical Properties, was rezoned from RO1 (Residential Offices) to Modified B2; the remaining property, approximately 40+ acres owned by the Smith Estate, was rezoned to three different zoning districts: RBI (Residential Business), Multi - Family Residential, and Low Density Residential. Mr. Shore said that an important aspect of the rezoning was that one of the proffers made by the Smith Estate was the dedication of the right -of- way and the phased -in construction of Meadow Branch Avenue from Amherst Street to the southern boundary of their property. He said this leaves only a remaining 1,200' between the southern border of the Smith property and the termination of Meadow Branch Avenue. Mr. Shore said this rezoning is located across the Moffett investment property and opens the door for an important roadway for both Winchester and Frederick iCounty, L PUBLIC HEARING Rezoning Application #06 -05 of Frederick Block Company to revise proffers attached to their previous Rezoning Application 901 -03 for the rezoning of 2.63 acres to B2 (Business General) and 2.01 acres to B3 (Industrial Transition). The property is located on the east side of Martinsburg Pike (Rt. 11), approximately 3,400' north of the intersection of Rt. l 1 and Lee Avenue. The property is identified with P.I.N. 54A -1 -15B in the Stonewall Magisterial District. Action — Recommended Approval Chairman DeHaven said that he would abstain from all discussion and voting on this item due to a possible conflict of interest. He then turned the chair over to Commissioner Light to facilitate the meeting. Planner Candice Perkins stated that the property is presently zoned B2 and B3 andthe applicant is requesting to revise the proffers associated with Rezoning #01 -03 to remove two of the approved proffers. Planner Perkins said this revision would eliminate a single row of evergreens along the northern property line adjacent to the 50' existing woodlands strip and would also remove the proffer for the refurbishing of the old stone wall along Martinsburg Pike (Rt. 11). She added that the proffer revision would not affect the uses or intensity of the property. ® Frederick County Planning Commission Page 1520 Minutes of May 18, 2005 -3- Commissioner Gochenour inquired if there was any history involved with the stone wall. Planner Perkins said that she was not aware of any historical issues involving the stone wall. Mr. Stephen Slaughter, Jr., co -owner of the property, stated that their intent is to improve the appearance of the property and the corridor at this location. He said the stone wall is in such disrepair, it would not look good in keeping with all of the other improvements they have made on the property. Mr. Slaughter said they would like to remove it and they could replace it with either landscaping or a retaining wall. Members of the Commission commented that Frederick Block, along with the H &W property, was doing a fantastic job with the appearance of their property and subsequently, the appearance of the Rt. 11 corridor will be improved. Members of the Commission were in support of the request b} Frederick Block. Commissioner Light called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 906 -05 of Frederick Block Company to revise proffers attached to Rezoning Application 901 -03 of Frederick Block Company. This proffer revision would eliminate a single row of evergreens along the northern property line adjacent to the 50' existing woodlands strip and would also remove the proffer for refurbishing the old stone wall along Martinsburg Pike (Rt. 11). (Note: Chairman DeHaven abstained; Commissioner Thomas was absent for this vote.) (Chairman DeHaven resumed the facilitation of the meeting.) PUBLIC MEETING Consideration of a request by GreyWofe, Inc., on behalf of David Shore, applicant, and Anthony Cook, property owner, for a waiver of the Frederick County Zoning Ordinance, Article VI, Residential Performance (RP) District, Section 165 -63C, Open Space Requirements. In addition, a waiver is requested from Article V, Design Standards, Section 144 -17L, Streets; Section 14448, Sidewalks and Pedestrian Walkways; and Section 144 -19, Streetlights. The property is located 300' south on Meadowbrook Drive (Rt. 1021) from the intersection with Highlander and is identified with P.I.N. 85B-1- 12A in the Opequon Magisterial District. Action — Tabled Zoning and Subdivision Administrator, Mark R. Cheran, reported that this application is for the subdivision of 1.717 acres into five single- family detached traditional lots with a maximum area of 12,422 square feet each. Mr. Cheran explained that the applicant has been granted a waiver of the master development plan requirements for this subdivision. He further explained that the Zoning Ordinance requires that subdivisions which are less than 15,000 square feet must provide curb, gutter, sidewalks, street lights, and open space. He said the applicant is seeking an exemption from these requirements because the adjacent properties are similar in size and do not have the identified improvements. Mr. Cheran said that the applicant is also seeking a waiver from the • Frederick County Planning Commission Page 1521 Minutes of May 18, 2005 -4- open space requirements and, in addition, two of the lots (Lots 4 and 5) along Ewings Lane do not have access to a public road. Mr. Gary Oates with GreyWolfe, Inc. came forward to represent the applicant/agent, Mr. David Shore, and the owner, Anthony Lee Cook. Mr. Oates noted an existing 20' drainage easement across the property that was dedicated on the original Meadows Plan; however, due to the absence of dimensions or bearings, he is showing a 30' easement on his plans for the easement. Regarding the public road access; Mr. Oates said that considerable title research has been conducted and they have reached the conclusion that Ewings Lane is not owned by anyone. Mr. Oates said they are requesting a waiver so they can go across Ewings Lane in order to get to Ridgefield Avenue. In conclusion, Mr. Oates said that in lieu of setting up a homeowners association to take care of open space, he was proposing the placement of landscaping easements on the lots in the same area. Commissioner Straub said that conversations with the adjoining property owners during her site visit revealed that there were considerable drainage problems in this vicinity and specifically, on Meadowbrooke Drive. Mr. Oates described his storm water management proposal for the area; in addition, he said a grading plan will have to be submitted to the Public Works Department for each lot. Mr. David Shore, the applicant/agent for this request, stated that the owner of the property has a deeded right -of -way across Ewings Lane, which may be granted to subsequent property owners. Mr. Shore added that it was their intent to place a maintenance requirement for the right -of -way in the subdivision covenants. speak: Chairman DeHaven called for public comments and the following persons came forward to Ms. Margie Brown, an adjoining property owner and resident of the Meadows since 1972, spoke • about the drainage problems and standing water problems in this area. She believed that any development on these lots would cause adjoining homes to be flooded. Ms. Brown said that the water run off and traffic from this would not only affect the Meadows, but residents in Fredericktowne as well. In addition, Ms. Brown told the Commission of a previous court case involving these lots and she was under the impression that this was a dedicated open space. Mrs. Eileen Hicks, a resident of the Meadows, was also under the impression that this area was to remain open as a park area for the neighborhood. She was concerned because the residents within the Meadows had not been notified and no signs had been posted. Mrs. Hicks also described drainage problems in the neighborhood. Miss Elizabeth Hicks, the 11 -year old daughter of Mrs. Eileen Hicks, said that she rode her bicycle through the neighborhood and did not see any posted signs about this public meeting. Miss Hicks said that the neighborhood children would like to play in this area, but the un -kept condition of the lot, with overgrown grass, vermin, ditches, and uneven gravel, make it unsafe to play. Mr. Doug Spooner believed that developing these vacant lots would only make the water problems worse. He wanted to see the drainage issues examined more thoroughly. Ms. Annette Tutton, a resident at 124 Highlander Road, said that the neighborhood residents were all under the assumption that the courts had decided, through a lawsuit, that this property could not be developed because it was a park. Ms. Tutton said that their property deeds describe this area as a park area that w Frederick County Planning Commission Page 1522 Minutes of May 18, 2005 - -5- was not to be built on. She added that she gets standing water in her back yard which is adjoining the property under consideration; she did not think a culvert was going to solve the problems. Mr. Shore returned to the podium to provide his understanding of the history of the property being considered. Mr. Shore said that when this subdivision was created, about 1970, the developers, Fredericktowne Corporation, retained ownership of this particular property through the Deed of Dedication. He said the word "park" was written on the master subdivision plat; however, the Deed of Dedication clearly stated that the property was not given or dedicated to the subdivision and Fredericktowne Corporation retained ownership. Mr. Shore explained that in the late 1980's, when Fredericktowne Corporation dissolved, one of the partners, Lou Costello, took ownership of the property and subsequently, Mr. Cook acquired it from Mr. Costello. He stated that the property was always owned by someone other than the subdivision; it was never owned by the subdivision. Mr. Shore said that they did, in fact go to court and the judge determined that the word, "park" was written on the plan; the judge also pointed out that the only remedy available to Mr. Cook was to request a vacation of the property from the Board of Supervisors. Mr. Shore commented that the Board made the subdivision and had the authority to take that piece out and subsequently, that is what happened. He said there were public hearings, it was advertised, letters were mailed, and there were many representatives from the neighborhood who spoke at the public hearing. Mr. Shore said the Board unanimously voted approval of the vacation in April of 2003; he provided Chairman DeHaven with a copy of the Resolution of Vacation. Mr. Shore further added that the drainage plan has been submitted to the County's engineer for review. He believed the development they are proposing will improve the drainage situation the neighbors have been experiencing. Ms. Annette Tutton returned to the podium and stated that she was nevei informed of the 2003 vacation meeting by the Board of Supervisors; she said she did not receive a letter, nor i ere am signs posted. • Mrs. Eileen Hicks retuned to the podium and gave her account of the judge's detemwtation that this property was still considered to be a park. Ms. Margie Gray, a resident of the Meadows, said that she and her husband originally purchased their lot because it was adjacent to the park and provided a place for their children to play. Ms. Gray said the park was on their deed when they purchased the lot. She said that she did not receive a notice from the Board of Supervisors that the park was going to be vacated. After everyone who had wanted to speak had an opportunity to do so, Chairman DeHaven closed the public comment portion of the meeting. Members of the Commissioners expressed concerns about the confusion existing with some of the property owners about whether or not this property was a dedicated park. Chairman DeHaven explained to the property owners present that the County vacated this property and it was sold; he said that Mr. Cook has the legal right to use the property. He said the drainage will have to be addressed, but he was confident the engineers could do this. Chairman DeHaven suggested that if clear title of the land to Mr. Cook can be clarified, then the Commission can focus on the original issue brought before them. He suggested that the applicant document the events for the neighbors' information, and bring the request back before the Commission at the next opportunity. Upon motion made by Commissioner Gochenour and seconded by Commissioner Straub, Frederick County Planning Commission Page 1523 Minutes of May 18, 2005 BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table the request by GreyWofe, Inc., on behalf of David Shore, applicant, and Anthony Cook, property owner, for a subdivision and a waiver, until such time as the past events involving the subject property can be documented and brought back before the Commission. Consideration of a request by GreyWofe, Inc., on behalf of Clifton and Bonney Lewis, property owners, for a waiver of the Frederick County Zoning Ordinance, Article VI, Residential Performance (RP) District, Section 165 -63C, Open Space Requirements. In addition, a waiver is requested from Article V, Design Standards, Section 144 -17L, Streets; Section 144 -18, Sidewalks and Pedestrian Walkways; and Section 144 -19, Streetlights. The property is located on the east side of Stanley Drive (Rt. 780), 800 feet north of the intersection with Rt. 50 East, and is identified with P.I.N. 64A -A -6 in the Shawnee Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, stated that the proposed subdivision appears to satisfy agency and ordinance requirements, once the waiver and the exception issues are resolved. He said the two proposed residential lots will be smaller than the adjacent lots within this established neighborhood. Mr. Cheran added that access to the proposed lots will be via Stanley Drive (Rt. 780). He further noted that the property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Mr. Cheran stated that action on three items will need to be taken: 1) open space waiver (Planning Commission); 2) curb and gutter, sidewalks, and street lights exception (Board of Supervisors); and 3) granting staff administrative approval authority (Board of Supervisors). (Commissioner Thomas arrived at this point of the meeting.) Mr. Gary Oates with GreyWolfe, Inc., representing the property owners, Clifton L. and Bunney L. Lewis, stated that once the property is subdivided in half, it will not be consistent in size with the houses on the left or right sides, however, the proposed lots will be larger than the lots adjacent to the rear, and will be comparable in size to the lot directly across the street. Mr. Oates said the property in question was cut out in the early 1960's and is not a part of a subdivision. Chairman DeHaven called for public comments, however, no one came forward to speak. The Commission believed the waiver requests were appropriate. Upon motion made by Commissioner Morris and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission, in consideration of the request by GreyWofe, Inc., on behalf of Clifton and Bonney Lewis, property owners, does hereby unanimously grant a waiver of the Frederick County Zoning Ordinance, Article VI, Residential Performance (RP) District, Section 165 -63C, Open Space Requirements; and does hereby unanimously recommend approval of the waiver from Article V, Design Standards, Section 144 -17L, Streets; Section 144 -18, Sidewalks and Pedestrian Walkways; and Section 144 -19, Streetlights; and, does hereby unanimously recommend that the Board of Supervisors grant the staff administrative approval authority. Frederick County Planning Commission Page 1524 Minutes of May 18, 2005 -7- Discussion of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, by the removal of Section 165 -48.9, Advertising Specialties- Wholesale. Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Development Review and Regulations Subcommittee (DRRS), at their meeting of April 28, 2005, discussed removing this section from the Zoning Ordinance. Mr. Cheran said that this section applies to advertising specialties- wholesale use in the B2 (Business General) Zoning District. He added that advertising specialties - wholesale is an allowable use only in the B3, M 1, and M2 Zoning Districts. There were no public comments. No issues were raised by the Planning Commission. Upon motion made by Commissioner Straub and seconded by Commissioner Kriz, the Planning Commission unanimously supported the approval of an amendment to the Frederick County Code, Chapter 165, Zoning, Article W, Supplementary Use Regulations, by the removal of Section 165 -48.9, Advertising Specialties - Wholesale. Discussion of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165 -48.9, by the addition of Inter - Parcel Connector Streets. Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Development Review and Regulations Subcommittee (DRRS), at their meeting of April 28, 2005, discussed adding inter - parcel connector streets to the zoning ordinance. Mr. Cheran said that the proposed amendment would insure that inter - parcel connector streets are developed between adjoining parcels. He said the DRRS was in favor of the proposed amendment and recommended that it be forwarded to the Planning Commission for discussion. Members of the Commission expressed the importance of inter -parcel connectors for good future planning and the need to codify a requirement for inter -parcel connectors. There were no public comments. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the Planning Commission unanimously supported the approval of an amendment to the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165 -48.9, by the addition of a requirement for Inter - Parcel Connector Streets. • Frederick County Planning Commission Page 1525 Minutes of May 18, 2005 OTHER Presentation of Frederick County's Development Impact Model by the Director of the Winchester - Frederick County Economic Development Commission, Patrick Barker The Director of the Winchester - Frederick County Economic Development Commission (EDC), Patrick Barker, stated that the EDC, on behalf of the Development Impact Model Work Group, is soliciting discussion and recommendations to the Board of Supervisors from the Frederick County Planning Commission regarding five components of the proposed Development Impact Model. Prior to the discussion on these components, Mr. Barker provided a brief overview of the functions and applications of the model and then gave a brief demonstration of the model. Mr. Barker reviewed each of the five components and discussion was held between the Commission, the staff, and Mr. Barker. The following five components were acted on by the Commission: 1) Use of the Development Impact Model's outputs for understanding projected capital facilities impacts of a rezoning request. Upon motion made by Commissioner Morris, and seconded by Commissioner Gochenour, the Planning Commission unanimously recommended that the Planning and Development Department's staff be permitted the use of outputs from the Development Impact Model for projecting rezoning petition impacts in replacing the existing Capital Facilities Impact Model. 2) Revenue Assignment for understanding projected capital facilities impacts of a r rezoning request. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the Planning • Commission unanimously recommended the use of Option 42 — Assign crediti based on given methodology. 3) School Children per Dwelling Unit. Upon motion made by Commissioner Kriz and seconded by Commissioner Morris, the Planning Commission unanimously recommended the use of current figures (school children per dwelling unit) until a path to a more accurate figure, or a new plan for a different path, can be pursued. 4) Use of Development Impact Model's Licenses. Upon motion made by Commissioner Kriz and seconded by Commissioner Straub, the Planning Commission unanimously recommended approval for use of the five licensed copies of the FISCALS application by: the Frederick County Finance Department (1); the Frederick County Department of Planning & Development (1 -staff use; 1- public workstation); Frederick County Administration (1); and the Winchester - Frederick County Economic Development Commission (1). 5) Process for Updating the Development Impact Model. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the Planning Commission unanimously recommended approval of an annual review and update of the Impact Model, the requirement to update critical inputs within two months after adoption of the County's Annual Budget, and the appointment of a committee to oversee the update process. Frederick County Planning Commission Page 1526 Minutes of May 18, 2005 mom • ADJOURNMENT No furtber business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:10 p.m. Respectfully submitted, S. DeHaven, Jr., R. Lawrence, Secretary • • Frederick County Planning Commission Minutes of May 18, 2005 Page 1527