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PC_06-20-07_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 June 20, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice lChairman/Opequon District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; Charles E. Triplett, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; Gary R. Oates, Stonewall District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; H. Paige Manuel, Member -At- Large, Barbara Van Osten, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: George J. Kriz, Gainesboro District, Greg L. Ungcr, Back Creek District, and the City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director, Mark R. Cheran, Zoning & Subdivision Administrator; Michael T. Ruddy, Deputy Planning Director; Susan K. Eddy, Principal Planner, and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot announced a number of agenda changes for this evening's meeting. Item 45, Tab B, the 2007 Comprehensive Policy Plan, was missing some text elements and consideration would have to be postponed. Similarly, Item 46, Tab C, Master Development Plan 904 -07 of the Haggerty Property, would have to be delayed because the Board of Supervisors has not yet acted on the rezoning; she said a letter was received from the applicant's representative, PHR &A, requesting a time frame for consideration. Commissioner Kerr made a motion to table MDP 404 -07 of the Haggerty Property until further action is taken by the Board of Supervisors on the rezoning. This motion was seconded by Commissioner Ours and unanimously passed. Chairman Wilmot next announced an item to be added to this evening's agenda, Item 0 under Public Meeting, Subdivision Request for Shawnee Carving Company Land. Corm nissioner Oates made a motion to adopt the agenda for this evening's meeting. This motion was seconded by Conniissioner Triplett and unanimously passed. MINUTES Upon motion made by Commissioner Triplett and seconded by Commissioner Kerr, the minutes of the May 2, 2007 Planning Commission meeting were unanimously approved as presented. U Frederick County Planning Commission Page 2069 Minutes of June 20, 2007 -2- E • 0 COMMITTEE REPORTS Transportation Committee — 06/18/07 Mtg. Commissioner Oates reported that the Transportation Committee disci Discussion of language revisions to the Hard Surface Improvement Project Rating System Board of Supervisor's adopted the new rating system, questions remained on a couple areas the Transportation Committee to address those. 2) Discussion of Transportation Impact I the results of staff's example study of how an impact fee could be implemented in F Committee came to the conclusion that while this is a useful tool, they have yet to find a p used. 3) Discussion of the 2008 -2009 Interstate, Primary, and Secondary Road hnprovem( will be brought before the Planning Commission in late summer for review. Historic Resources Advisory Board (HRAB) — 06/19/07 Mtg. ed three items: 1) licy. Although the I the Board directed s. After reviewing crick County, the where it could be Plans. Those plans Conunissioner Oates reported that the HRAB discussed the History Chapter of the Comprehensive Policy Plan. Commissioner Oates said the HRAB brain - stoned on items considered to be missing, as well as items that were out dated. It was decided that each HRAB member should identify historic structures in their respective districts. They also discussed dividing the chapter into sections, one for each district, and using maps and visual aids as much as possible. Comprehensive Plans and Programs Subcommittee (CPPS) — 06/11/07 Mtg. Conunissioner Oates reported that the CPPS discussed two items: 1) Discussion of the Parks and Recreation Department update for the Comprehensive Policy Plan; this was endorsed by the CPPS. 2) Discussion of staff's overview of the remaining chapters of the 2007 Comprehensive Policy Plan, the CPPS recommended that the various established County committees and advisory boards review the chapters of the plan under their prevue and provide recommendations to the CPPS by the end of the year with a general vision statement of intent. Development Impact Model (DIM) Committee — 06/07/07 Mtg. Commissioner Manuel reported that the DIM Committee met; the purpose was the annual review of Frederick County's Development Impact Model. He said recommendations will be forthcoming to the Planning Commission and Board of Supervisors. He added there will not be any significant changes. Frederick County Planning Commission Page 2070 Minutes of .tune 20, 2007 -3- Conservation Easement Authority (CEA) — 06/19/07 Mtg. Commissioner Light reported that the CEA held a public informational meeting which was very successful. He reported that the CEA will be having additional meetings of this type in the future. Commissioner Light added that the CEA is seeking participation in the Virginia Farmland Preservation's PDR (Purchase of Development Rights) Program. With this program, easements are purchased from the landowner, rather than donated by a landowner. He said additional information will be forthcoming. Development Review & Regulations Subcommittee (DRRS) Commissioner Thomas reported that the DRRS will meet on Thursday, June 28, 2007, at 7:30 p.m., in the Board of Supervisors' meeting room, to discuss the continued effort on proposed changes to the sign ordinance. Commissioner Thomas invited members of the public to attend and provide input. He said the DRRS also formed a working group, a subcommittee of the DRRS, that is analyzing converting the zoning ordinance from the old SIC Codes to the new, updated NAISC Codes. Winchester City Planning Commission (WPC) 06/19/07 Mtg. • Connnissioner Mohn reported that WPC tabled a conditional use permitl(CUP) request for a nightclub by Reuss Fire Hall; they recommended approval of a proffer revision for a layout change for an office project at the comer of Jubal Early Drive and Harvest Drive, just west of Valley Avenuejand they considered three zoning ordinance amendments. Commissioner Mohn reported that two of the ordinance amendments were particularly noteworthy: the first amendment included a series of definition changes in an effort to comprehensively address occupancy and over - crowding issues in the City. The WPC voted to initiate the formal public hearing process for this amendment, which will be on the July agenda. The second amendment involved changes to the Corridor Enhancement District regulations, intended to relax standards, moving from mandatory requirements to incentive -based design guidelines. Incentives include parking reductions and density increases. This was a public hearing and the WPC voted for approval. Commissioner Mohn said the WPC also reviewed a series of administrative applications, probably the most interesting of which was the site plan for a new Walgreens phamtacy on the site of the former Pargo's restaurant. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. • Frederick County Planning Commission Minutes of June 20, 2007 Page 2071 -4- PUBLIC MEETING • Subdivision 411 -07 and Waiver Requests for Wayne and Linda Wright, submitted by Marsh & Legge Land Surveyors, PLC, to allow the subdivision of .659 acres into two single - family detached urban housing lots and a waiver of open space requirements and road efficiency buffer requirements. The property is located at the southeast corner of Front Royal Pike (Rt. 522) and Bentley Avenue. The property is further identified with P.I.N. 64 -2 -A1 in the Shawnee Magisterial District. Action — Recommended Approval with Stipulations Zoning and Subdivision Administrator, Mark R. Cheran, reported the proposed subdivision will create two new residential lots; one of the lots will have an existing structure. He said the lot sizes will be 15,000 and 13,000 square feet each and both meet the dimensional requirements of the single - family detached urban housing type. He added that both lots will have direct frontage onto Front Royal Pike (Rt. 522) and Bentley Avenue. Mr. Cheran also reported that the zoning ordinance requires that subdivisions which result in lots less than 15,000 square must provide curb, gutter, sidewalks, streetlights, and open space. He said the applicant is seeking an exception from these requirements because the proposed lots will be served by existing sidewalks, curb, and gutter. However, a street light is not located at the intersection of Front Royal Pike and Bentley Avenue. In addition, the applicant has requested a waiver of the open space requirements and the road efficiency buffer requirements. Mr. Cheran noted that the waiver of the road efficiency buffer and the street light is at the discretion of the Board of Supervisors and We waiver of open space is at the discretion of the Planning Commission. Mr. Duane Brown of Marsh & Legge Land Surveyors, PLC was present to represent this • application for Mr. F. Wayne Wright and Mrs. Linda K. Wright, the property owners. Chairman Wilmot called for public comments; however, no one came forward to speak. Cominissioner Oates tormented about the existing 20 -foot water line easement running along the property on Front Royal Pike. He asked if the applicant would be amenable to making the water line easement a pedestrian access easement as well, if the sidewalk waiver was granted. He explained that if the County would install a bicycle path or sidewalk along Front Royal Pike in the future, an easement for that would be available. Commissioner Oates said that since it is already an existing water line easement, it wouldn't be further encumbrance on the property. Mr. Brown didn't believe it would be a problem to include the pedestrian access. No other issues or questions were raised by the Commission Commissioner Morris made a motion to recommend to the Board of Supervisors that a street light be added at the intersection of Front Royal Pike and Bentley Avenue for safety purposes, that the existing 20 -foot water line easement also be made available as a pedestrian access easement, and that the road efficiency buffer requirements be waived. This motion was seconded by Commissioner Mohn and unanimously passed. Commissioner Morris next made a motion to grant the waiver from the open space requirements. This motion was seconded by Commissioner Ours and unanimously passed. Commissioner Morris made a motion to grant staff administrative approval authority for the subdivision request of F. Wayne and Linda K. Wright. This motion was seconded by Commissioner Oates and ® unanimously passed. Frederick County Planning Commission Page 2072 Minutes of June 20, 2007 -5- • BE IT RESOLVED, That upon consideration of the subdivision and waiver requests by F. Wayne and Linda K. Wright, the Frederick County Planning Commission does hereby recommend to the Board of Supervisors that a street light be added at the intersection of Front Royal Pike and Bentley Avenue for safety purposes, that the existing 20 -foot water line easement also be made available as a pedestrian access easement, and that the road efficiency buffer requirements by waived; and, I BE IT FURTHER RESOLVED, that the Frederick County Planning Commission does he from the open space requirements and the road efficiency buffer requirements for 1 subdivision and does also grant the Planning Staff administrative approval authority for subdivision. This request will allow the subdivision of .659 acres into two single- family d lots consisting of 15,000 square feet and 13,000 square feet. (Please Note: Commissioners Kriz and Unger were absent from the meeting.) y grant the waiver above - mentioned above- mentioned hed urban housing Subdivision Request 414 -07 of Shawnee Canning Company, submitted by Marsh & Legge Land Surveyors, PLC, for the subdivision of 5.2086 acres, zoned B2 (Business General), into two parcels containing 3.1890 acres and 2.0196 acres. The property is located 800 feet north of the intersection of North Frederick Pike (Rt. 522) and Cross Junction Road (Route 693). The property is further identified with P.I.N. 18 -A -42A in the Gainesboro Magisterial District. Action — Recommended Approval ® Zoning and Subdivision Administrator, Mark R. Cheran, reported that the parent tract of this subdivision has been zoned B2 (Business General) since the 1970's and has no approved master development plan (MDP); he said the MDP requirement has been waived. Mr. Cheran said the proposed subdivision appears to satisfy all agency and ordinance requirements. He added that the two parcels created will have direct access to North Frederick Pike (Rt. 522), via a private 50 -foot ingress /egress easement. Mr. Duane Brown of Marsh & Legge Land Surveyors, P.L.C. was present to represent Shawnee Canning Company, Inc., the property owner. Commissioner Oates referred to a framed structure which was on a property line, he said it may cloud the title upon sale of the property. Commissioner Oates said that since Mr. Brown's client owned both parcels of land, it may be a good opportunity to correct this with a boundary line adjustment. Mr. Brown said he had not discussed the situation with his client; however, a boundary line adjustment would be an available option. It was pointed out that Lot 1 is zoned B2 and Lot 2 was zoned RA and B2. Chairman Wilmot asked the applicant about any outstanding VDOT or Health Department issues. Mr. Brown replied that plats have been submitted to V DOT and once those have been returned, the plats will be submitted to the Health Department. Chairman Wilmot called for public comments; however, no one came forward to speak. Commissioner Triplett made a motion to approve the subdivision requei t. This motion was seconded by Commissioner Manual and unanimously passed. Frederick County Planning Commission Page 2073 Minutes of June 20, 2007 BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Subdivision Request #14-07 of Shawnee Canning Company, submitted by Marsh & Legge Land Surveyors, P.L.C., for the subdivision of 5.2086 acres, zoned B2 (Business General), into two parcels containing 3.1890 acres and 2.0196 acres. (Note: Commissioners Kriz and Unger were absent from the meeting.) DISCUSSION COMMISSION DISCUSSION REGARDING HORSES ON LARGE RPI (RESIDENTIAL PERFORMANCE) LOTS OUTSIDE OF THE UDA (URBAN DEVELOPMENT i AREA) AND THE SWSA (SEWER AND WATER SERVICE AREA). Principal Planner, Susan K. Eddy, reported that the Planning Staff has recently had inquiries from members of the public on the permissibility of keeping horses on large RP (Residential Performance) District lots outside of the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area). Ms. Eddy stated that at the present time, horses are only allowed in the RA (Rural Areas) Zoning District. She said there are a number of historically -zoned large RP lots that are outside of the UDA and SWSA. She presented a map showing the large RP -zoned lots larger than 100,000 square feet (2 1/3 acres) without public water and sewer, classified as single- family detached rural traditional housing. She noted that most of these particular lots are surrounded by RA -zoned properties where horses are allowed. She felt it was important to remember that, at • the present time, all uses allowed in the RP Zoning District are also allowed in the R5 (Residential - Recreational Community) Zoning District. Therefore, allowing horses on these large lots in the RP District would, of course, allow horses on similar large lots in the R5 Zoning District. Ms. Eddy continued, stating that a discussion of this issue took place at the DRRS (Development Review and Regulations Subcommittee) meeting in May of 2007. She said the DRRSIdid not reach a full consensus. There was a consensus, however, that a revised ordinance should apply to all farm animals such as goats, chickens, etc., and not solely horses. Normally, the Planning Commission would not see an item in which the DRRS had not reached a consensus. In this case, however, there is Board of Supervisors interest in continuing the discussion of this topic. Ms. Eddy said this item is for discussion only at this time i nd she was seeking comments to be forwarded to the Board of Supervisors. The initial response by some of the Commissioners was that the issue of allowing horses should be left up to the development itself and addressed by each subdivision's covenants. Other Commission members commented that some RA subdivisions with five -acre lots specifically exclude horses by covenant because it can become an incompatible issue with adjoining property owners. They believed if horses were to be allowed, they preferred to see it handled by a conditional use permit (CUP), if only because of the predominantly residential area and the CUP would provide the opportunity to look at the surrounding uses and the potential impacts. Other Commissioners pointed out that two -acre lots are allowed by -right in the RA District and those parcels can have horses; the properties under consideration for this use are two- and -one- third -acre R5 and RP lots outside of the UDA and they are already within the rural areas. Commissioners could not see putting ® those property owners through the CUP process and, in addition, many of those subdivisions already had covenants in place. Commission members believed the decision about whether to allow horses should be left up to the individuals living within these subdivisions. Frederick County Planning Commission Page 2074 Minutes of June 20, 2007 -7- 6 1 Another suggestion made was to govern the issue by the size of the lot; for example, animals would be allowed on lots over 100,000 square feet. They also suggested that the amendment not be limited solely to horses, but should include all animals. Commissioner Manuel, who was a member of the DRRS, said the one consensus reached at the committee level was the members' opposition to requiring a CUP for a horse because of the overwhelming number of CUPS it would generate. He favored the idea of one horse per acre. No action was needed by the Commission at this time. Ms Eddy said she would forward all of the comments to the Board of Supervisors. OTHER WORK SESSION SCHEDULED WITH MICHAEL CHANDLER, CPEAV Chairman Wilmot announced that a work session has been scheduled on June 26, 2007, at 12:00 noon, for the Planning Commission and Board of Supervisors. She said that Mr. Michael Chandler, with the CPEAV (Citizens Planning Education Association of Virginia), is available to make a presentation on that date. The topic of his presentation is the relationship between the Planning Commission and the Board of Supervisors and their particular roles. 11 ADJOURNMENT There being no further business to discuss, the meeting adjourned at 7:45 p.m. by a unanimous vote. Respectfully submitted, Jc, 4. t�j tj M. Wilmot, Chairman Secretary • Frederick County Planning Commission Page 2075 Minutes of June 20, 2007