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PC_11-16-05_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 November 16, 2005. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; John H. Light, Stonewall District; Pat Gochenour, Red Bud District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; June M. Wilmot, Shawnee District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; Marie F. Straub, Red Bud District; Gary Dove, Board of Supervisors' Liaison; David Shore, City of Winchester Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: Greg L. Unger, Back Creek District; Richard C. Ours, Opequon District; H. Paige Manuel, Member -At -Large; STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Kevin Henry, Planning Technician; John D. Kirby, Zoning Inspector; and Renee' S. Arlotta, Clerk. t CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. is Comprehensive Plans & Pro2rams Subcommittee (CPPS) — 11/14/05 Mtg. Commissioner Light reported that the CPPS reviewed the Capital Improvements Plan (CIP) for the upcoming year and has forwarded the CIP to the Planning Commission with a recommendation. He said the CPPS also discussed the Eastern Road Plan. Economic Development Commission (EDC) —11/05 Mtg. Commissioner Thomas reported that the EDC heard a presentation on attracting potential businesses to Frederick County. He said the presentation will be scheduled to be heard by the Board of Supervisors in the near future. Frederick County Planning Commission Page 1629 Minutes of November 16, 2005 -2- • Winchester Planning Commission Winchester Planning Commission Liaison, Mr. David Shore, reported that the Winchester Planning Commission had been presented with a request from the developers of Willow Run for a rezoning of a three -acre parcel that would become the link from Jubal Early Drive in the City, across Willow Run, and onto Merrimans Lane, and eventually to Route 37. He said action was tabled because of questions, but will be heard again at the Commission's meeting next month. Historic Resources Advisory Board (HRAB) - 11/15/05 Mtg. Commissioner Gochenour reported that the HRAB has been discussing the Historic Plaque Program and 27 potential sites were reviewed. She said the HRAB members are interested in getting some good publicity for the program. STONEWALL DISTRICT REPRESENTATION • Commissioner Straub announced that Stonewall District Commissioner, Mr. John Light, was present at this evening's meeting, even though he was not re- nominated by Stonewall District Supervisor, Ms. Lynda Tyler, for membership on the Planning Commission. Commissioner Straub requested that the Chairman clarify his presence for the viewing public. Chairman DeHaven stated that during the Board of Supervisors meeting on November 9, 2005, the Board declared that Mr. Light would continue to serve on the Planning Commission until he was replaced or reappointed. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the October 5, 2005 Planning Commission meeting were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the October 19, 2005 Planning Commission meeting were unanimously approved as presented. • Frederick County Planning Commission Page 1630 Minutes of November 16, 2005 -3- • PUBLIC HEARING An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165 -30, Signs, (G) Height, and (H) Size. The amendment focuses on changes to the height and size of business signs located in the RA (Rural Areas) Zoning District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Development Review and Regulations Subcommittee (DRRS) reviewed and discussed proposed changes to Section 165 -30 G and H of the Frederick County Zoning Ordinance at their meeting on April 28, 2005; the proposed changes would regulate business signs in the RA (Rural Areas) Zoning District. Mr. Cheran explained that the zoning ordinance allows business signs to have a maximum height of 35 feet and 100 square feet in area; a standard franchise sign may have up to 150 square feet. Mr. Cheran stated that the DRRS believed this permitted use is not in keeping with the rural character of Frederick County and will allow typical commercial signage in the rural areas. He said the DRRS is proposing the addition of a standard height and area size for business signs in the RA (Rural Areas) Zoning District; the recommended sign height for business signs located in the RA (Rural Areas) Zoning District would not exceed ten feet in height and the recommended sign size would not exceed 50 square feet. There were no public comments. • Commission members spoke in favor of the proposed amendment and believed itwould preserve the character of the rural areas in the County. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Sections 165 -30, Signs, (G) Height, and (H) Size to regulate the size and height of business signs within the RA (Rural Areas) Zoning District. (Commissioners Unger, Ours, and Manuel were absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XXII, Definitions, Section 165 -156, Definitions and Word Usage. Action - Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Development Review and Regulations Subcommittee (DRRS) recommended changes to the intent of Section 165 -156 of Chapter 165, • Frederick County Planning Commission Page 1631 Minutes of November 16, 2005 • Zoning, of the Frederick County Code at their meeting of May 26, 2005. He said the DRRS believed the proposed changes would provide clarification and abetter understanding of the definitions within this section of the ordinance. There were no public comments. Members of the Planning Commission believed this proposed amendment would set a standard for commonly- recognized definitions for use by the staff. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the adoption of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XXII, Definitions, Section 165 -156, Definitions and Word Usage. (Commissioners Unger, Ours, and Manuel were absent from the meeting.) PUBLIC MEETING Consideration of a waiver request by Frank Klebieko, submitted by Artz & Associates, PLC, for exceptions to the Frederick County Zoning Ordinance, as follows: Article V, RA (Rural Areas) District, • Section 165 -52A, Permitted Residential Density, Exceptions; and Section 165 -54A, Permitted Lot Sizes, pertaining to creating two lots with an area less than five acres. This property is located off of North Frederick Pike (Rt. 522), west approximately .11 miles to Becher Place. The property is further identified with P.I.N. 41 -A -103 in the Gainesboro Magisterial District. Action - Recommended Denial Zoning and Subdivision Administrator, Mark R. Cheran, reported that the property under consideration is a 3.460 -acre parcel located in the RA (Rural Areas) District and was acquiredby the applicant in 2005. Mr. Cheran explained that the property is legally nonconforming because of the two dwellings that have existed on the property for 60 years. He said the property owners wish to subdivide the parcel in a manner that would have each house situated on an individual parcel. He further explained that the proposed subdivision will create two new lots, both less than five acres in area. Mr. Cheran stated that the property owners are requesting two waivers of the Frederick County Zoning Ordinance: the first waiver pertains to the permitted residential density specified in Section 165- 52(A); the second pertains to creating two lots with an area less than five acres per Section 165- 54(A). Commissioner Kriz confirmed with the staff that there were two separate wells, one serving each of the two dwellings. Commissioner Wilmot observed there was only one access to Route 522 for both dwellings; she inquired if the access was also shared with the property immediately northwest. Commissioner Wilmot was concerned about how access would be accomplished to the second lot after the property was subdivided. • Frederick County Planning Commission Page 1632 Minutes of November 16, 2005 -5- • Commissioner Thomas inquired if the Health Department would come out to check the septic systems if the property is subdivided; he was concerned about the age of the systems and if they were fimctioning properly. Mr. Cheran said that there are currently two approved septic systems on the property. Mr. Michael Artz with Artz and Associates said the homes on the property were built in 1953 and 1956, which predates the zoning ordinance; two draintield sites were installed at that time, along with two wells. Mr. Artz believed the Health Department visited the site to evaluate the septic systems. Mr. Artz explained how the access issues for the two proposed lots and the S &S Country, Inc. parcel would be worked out. He noted there was no easement for the S &S Country, Inc. parcel, nor do they need one. Commissioner Kriz inquired if the property owners had intended for this to be rental properties; however, Mr. Artz was not certain. Commissioner Morris commented about the difficulty that may be involved with land use taxation, if both dwellings remained on a single lot. Chaintnan DeHaven called for public comments and the following person came forward to speak: Mr. Zachery Smith of S &S Country, Inc., the adjacent property owner, stated that the property under consideration was the old Bernie's Gun Shop, owned by Mr. Bernie Mitchell. Mr. Smith asked for clarification on what the applicant was requesting. He was concerned that allowing this parcel to be subdivided may create a precedent for subdividing lots in the rural areas. Commissioner Kriz was also concerned about the precedent that may be set in the rural areas, if this subdivision was approved; he noted the probability of there being many more of this type of situation • throughout the Comity. He said the ordinance requires five -acre lots and the proposed subdivision would create lots even smaller than permitted two -acre lots. Commissioner Thomas believed the right -of -way issue needed to be worked out; he said he would like to see something from VDOT on setting up two lots with a shared access. Commissioner Thomas pointed out a structure on the northeast comer of the aerial photograph that was not shown on the plat; he inquired about what that structure was. In addition, Commissioner Thomas wanted to see a definitive statement from the Health Department confirming they have evaluated the septic systems and they concur that the number of bedrooms and usages are appropriate. He commented that if there are any problems with the septic system or well on a 1Y: acre lot, the new owners would be forced into a very expensive alternative system to fix the situation; he did not want to create a problem that could have been solved before the property was subdivided. Other Commission members agreed. Upon motion made by Commissioner Kriz and seconded by Commissioner Gochenour, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby deny the waiver requests submitted by Artz & Associates, PLC, on behalf of Frank Klebieko, for exceptions to the Frederick County Zoning Ordinance pertaining to permitted residential density regulated under Article V, RA (Rural Areas) District, Section 165 -52A, Permitted Residential Density, Exceptions; and pertaining to permitted lot sizes regulated under Section 165 -54A, Permitted Lot Sizes, regarding the creation of two lots with an area less than five acres. • Frederick County Planning Commission Page 1633 Minutes of November 16, 2005 • The majority vote was as follows: YES (TO DENY) Wilmot, Triplett, Kriz, Thomas, DeHaven, Light, Watt, Gochenour, Straub NO: Morris (Commissioners Unger, Manuel, and Ours were absent from the meeting) UPDATE ON THE URBAN DEVELOPMENT AREA (UDA) STUDY Deputy Planning Director, Michael T. Ruddy, came forward to present an update on the Urban Development Area (UDA) Study being done by the UDA Working Group and the Comprehensive Plans and Programs Subcommnittee (CPPS). Mr. Ruddy said the two groups were seeking endorsement from the Commission on several of the key concepts and were also seeking feedback from the Commission, as they prepare to have a joint work session with the Board of Supervisors, scheduled for January 17, 2006. Mr. Ruddy said the Working Group has established an approach to the study and over the past several months, their efforts have focused on the following areas: creating a statement of intent, establishing • goals, creating strategies for achieving the goals, and envisioning land use policy language that could be incorporated into the Comprehensive Policy Plan. Mr. Ruddy said the group is at the point of developing the land use policy language; he said this was an ideal point to meet with the Commission and the Board of Supervisors to seek their endorsement before moving forward. He noted that this subject will also be discussed at the Planning Commission's 2006 Retreat, which is scheduled for February 4, 2005. Mr. Ruddy proceeded to review the sections completed by the Working Group, focusing on some of the key components, which included the concept of increasing the allowable density within the UDA, and the neighborhood community concept, which is a diversion from the traditional suburban style. Commissioner Gochenour was interested in seeing the inclusion of methods for satisfying infrastructure needs for the residential development that has already been planned in the UDA and for the existing densities in the UDA. Mr. Ruddy explained that the Study Group recognized there were considerable needs that go along with existing development, and also future needs that will need to be met for future planning. Asa means to achieve those needs, the Study Group involved key stakeholders, including the Parks and Recreation Department and the public school system. Commissioner Thomas raised the issue of connectivity of large developments through the transportation system. Although connectivity was identified as one of the goals of the UDA Study, he suggested that somewhere within the implementation process, the group should spend time discussing how the language could be modified or enhanced in the Comprehensive Policy Plan and other documents to ensure that connectivity is possible from a regional basis. He said that possibly, becoming more up -front with the developers, so they ,• understood the goals, may be helpful in the long run Frederick County Planning Commission Page 1634 Minutes of November 16, 2005 • Mr. Ruddy suggested that assistance may be helpful through the ongoing work of the Metropolitan Planning Organization (MPO), particularly, the bicycle, pedestrian, and mobility master planning efforts that will be undertaken shortly. Commissioner Light thought it would be interesting to see a 50 -acre or a 100 -acre example tract with a potential layout and densities, so that a visual picture could be realized under the maximum allowable densities. Commissioner Thomas was interested in seeing a focus on community centers within the UDA and not turning the UDA into a bedroom community. Commissioner Thomas preferred the idea of a development with a combination of housing and commercial uses. He said that if the language is crafted so that development is associated with a community center, then the increased density would be acceptable. He said that if the development consists entirely of housing with nothing else associated with it, he was not sure the increased density would be appropriate. Commissioner Kriz, a member of the Study Group, said the Study Group was aiming for a mix of housing and a mix of uses, so that the end result would not be just a bedroom community. Chairman DeHaven suggested incorporation of incentives for developers to supply some of the other amenities, such as public use portions, schools, and parks, etc. in order to create a truly livable community. No action was needed by the Commission at this time. Discussion of an Ordinance Amendment to the Frederick County Code, Article X, Business and Industrial Zoning Districts, Section 165- 82(A), Neighborhood Business District, with the addition of Health Clubs in the B1 District. No Action Required At This Time Zoning and Subdivision Administrator, Mark R. Cheran, reported that the Development Review and Regulations Subcommittee (DRRS) reviewed and discussed proposed changes to the Frederick County Code, Article X, Business and Industrial Zoning Districts, Section 165- 82(A), Neighborhood Business District, at their meeting of September 29, 2005. Mr. Cheran said the zoning ordinance currently does not allow health clubs (SIC 799 1) to be located within the B 1 (Neighborhood Business) Zoning District. He said the DRRS believed that health clubs should be allowed in the B 1 District; however, they should be limited to 5,000 square feet to stay within the intent of the district. He said the DRRS believed that this limitation would ensure that no large commercial, indoor recreation would occur within this zoning district. Some members of the Commission suggested that the 5,000 square -foot limitation for health clubs might be too restrictive. They agreed that something along the lines of 40,000 square feet would be too large, however, grocery stores, which were appreciably larger than 5,000 square feet, were permitted in B1. Members were concerned that restricting the size too much could encourage a business into a facility and then ultimately, as the business grows and becomes successful, force them to move because of the size limitation. 1* Frederick County Planning Commission Page 1635 Minutes of November 16, 2005 Mr. Cheran cautioned that if the square footage is increased and the potential health club establishes itself within a strip mall, particular attention will have to be paid to the parking requirements. Commissioner Thomas, a member of the DRRS, said the square footage was discussed at length by the DRRS. He said the DRRS did not envision these particular health clubs to have racquet ball courts, tennis courts, or indoor tracks; instead, it was envisioned as a neighborhood club with exercise machines, an aerobics area, a locker room, etc. Commissioner Thomas did not have a problem with an increase to 10,000 square feet. He considered the neighborhood health clubs to be a relatively new type of B 1 use, brought about by life -style changes not envisioned when the SIC Codes were established. Other members of the Commission agreed and also believed the size should be increased from the proposed 5,000 square feet, possibly to 10,000 square feet. A member of the Commission offered to research the square footage size of some of the existing area health clubs to establish an idea of what size would be viable for a potential business. Another suggestion was to inquire with the county's Parks and Recreation Department on this particular issue also. No action was required by the Commission at this time. UPDATE ON THE ARTRIP REZONING APPLICATION Planning Director, Eric R Lawrence, stated that the Planning Commission had tabled theArtrip • rezoning application at their October 5, 2005 meeting for 60 days, which requires the applicant to come back before the Commission on December 7, 2005. Mr. Lawrence said the applicant has requested by letter to be delayed for two weeks, to allow them and staff time to fine tune the application, until the December 21, 2005 Planning Commission meeting. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the Planning Commission unanimously agreed to grant the applicant's request and they postponed the Planning Commission's consideration of the application for an indefinite length of time, until the applicant and staff concur that the application is complete and ready. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:00 p.m. S. DeHaven, Jr., Lawrence, Secretary C Frederick County Planning Commission Page 1636 Minutes of November 16, 2005