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PC_08-01-07_Meeting_MinutesMEETING MINUTES OF THE • FREDERICK COUNTY PLANNING Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 1, 2007. PRESENT: June M. Wilmot, Chaimran/Shawnee District; Roger L. Thomas, Vice Chairman/Opequon District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; Christopher M. Mohn, Red Bud District; Gary R. Oates, Stonewall District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At- Large; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Gregory S. Kerr, Red Bud District, Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; and Richard C. Ours, Opequon District; STAFF PRESENT: Eric R. Lawrence, Planning Director, Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk. ® CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the Planning Conunission unanimously adopted the agenda for this evening's meeting COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 07/26/07 Mtg. Commissioner Thomas reported that the DRRS discussed three items: 1) Ordinance changes that would permit detached accessory structures (sheds) on single - family small lots; there was unanimous consensus to forward this with a positive recommendation. 2) Ordinance changes that would permit grocery/ food stores within the B3 (Industrial Transition) Zoning District, there was consensus that limiting the size of the grocery/food stores in the B3 District to 12,000- 15,000 square feet could make the use appropriate. 3) The DRRS wants to establish subcommittees with local industry representatives to discuss signs and what should be permitted. 7 Frederick County Planning Commission Page 2082 Minutes of August 1, 2007 -2- Conservation Easement Authority (CEA) Commissioner Light reported that the CEA is preparing an event on October 27, 2007, at Glen Bernie, to promote the CEA and to obtain community interest. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on No one came forward to speak. PUBLIC HEARING Action — Recommended Approval Deputy Planning Director, Michael Ruddy, presented the 2007 Update to Plan for Frederick County. Mr. Ruddy said this effort is a compilation of several polic • already been approved by the Board of Supervisors since the last update of the Compreh 2003; he said it includes the UDA (Urban Development Area) Study and all the accompany included are several reformatted maps and updates to the Community Facilities and Servi Recreation chapters. Mr. Ruddy said the most significant map element is the updated East Long -Range Land Use Plan. He noted that at the February and April 2007 meetings, the ( Plans and Programs Subcommittee) recommended that the Parks and Recreation Chapta Community Facilities and Services Chapter of the Comprehensive Policy Plan. In recommended that the language describing the Tuscarora Trail be included within this se( evening's agenda. !omprehensive Policy elements that have :nsive Policy Plan in rig components, Also es and the Parks and rn Frederick County PPS (Comprehensive be merged into the addition, the CPPS Mr. Ruddy said the CPPS recommended that the 2007 Update be forwarded to the Planning Commission with the inclusion of one additional item, which is a map element for the Parks and Recreation section of the plan. Mr. Ruddy said the Parks and Recreation Commission had finished this section earlier than anticipated and thought it would be appropriate to provide this section with the Commission's agenda for potential inclusion with the 2007 update. speak: Chairman Wilmot neat called for public comments and the following person came forward to Mr. John Gavitt, a resident of the Gainesboro area and a board member of Preserve Frederick, came forward to speak for Joanne Leonardis, Vice President of Preserve Frederick, who was unable to attend this meeting because of a family emergency. Mr. Gavitt said he was asked to read a letter prepared for the Commission and to request that it be made a part of the official record. Mr. Gavitt proceeded to read the letter in its entirety to the Commission; some of the highlights of the letter included the view of Preserve Frederick that "...the current Comprehensive Policy Plan does not go far enough in providing a quality detailed vision for the county and its citizens. More specifically, the revision offers little mention of the UDA Study and the Traditional Neighborhood Design (TND) initiative" In addition, "... Virginia legislation states ... local Comprehensive Plans must incorporate principles of new urbanism and traditional neighborhood development anywhere within the Frederick County Planning Commission Page 2083 Minutes of August 1, 2007 -3- • jurisdiction. In support of the UDA Study and the TND initiative... Preserve Frederick recommends the Planning Commission consider the following when developing the 2008 revision of the Plan: • Present the UDA Study results to relevant county departments and pay for a consultant to assist these departments with implementing TND into their plans. II • Revise the map of potential school sites to locate schools within the Neighborhood Villages and Urban Centers within the UDA to greatly increase the potential for walkable communities. Y Better target potential school sites by shrinking the "circles" on the map • Parks and Recreation should complete and provide an opportunity for public review of a map of potential UDA park sites, particularly within Neighborhood Villages and Urban Centers. • Parks and Recreation should accept proffers for parks and open -space in order to meet the needs ofnew and existing residents. Home Owners Association parks should be open to the general public. • Four hundred and sixty -six (466) acres of developed parkland are needed to meet current demand. We believe the.286 acres, as.stated.in the current revision is insufficient. • ' Place more emphasis on smaller accessible parks rather than district parks. • Plan for co- location of parks, schools, and libraries." ® Commissioner Thomas asked Mr. Gavitt if, in his opinion, there was anything within the draft Comprehensive Policy Plan that would prohibit the use of TNDs. Mr. Gavitt replied no, buthebelieved Preserve Frederick would like to see a much more proactive stance with regard to TNDs. Commissioner Oates asked Mr. Gavitt about his sources regarding the acreage of parkland needed to meet current demand. Mr. Gavitt said that he would refer that question to Ms. Leonardii and get back to the Commission with an answer. Chairman Wilmot pointed out to Mr. Gavitt the use of the term, "Traditional Neighborhood Design (TND)," in Ms. Leonardis' letter and said that for Frederick County purposes it should be, "Traditional Neighborhood Development," because there is a significant difference between the two terms. Chairman Wilmot stated that Traditional Neighborhood Development (TND) appears in a list of items that have already been approved by the Board of Supervisors, as Mr. Ruddy had mentioned, and this text will be within the revised Comprehensive Policy Plan. Commissioner Kriz said he appreciated the letter from Preserve Frederick and he hoped they would be a pro - active group rather than a re- active group. He also mentioned for Mr. Gavitt's benefit that it takes a little while for these proposals to go through and lie believed the next update would have greater incorporation of the concepts mentioned. Commissioner Kriz said the ideas provided to the CPPS and the individual departments were very beneficial and keeps committees aware of citizens' opinions. Commissioner Light made a motion to recommend approval of the 2007 Comprehensive Policy Plan ® with the inclusion of the new maps for the Parks and Recreation section of the Plan. This motion was seconded by Commissioner Kriz and was unanimously passed. Frederick County Planning Commission Page 2084 Minutes of August 1, 2007 -4- ® BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 2007 Comprehensive Policy Plan for Frederick County with the inclusion of the new maps for the Parks and Recreation section of the Plan. I (Note: Commissioner Molm was absent for this portion of the meeting. Commissioners Kerr, Watt, Triplett, and Ours were absent from the meeting.) PUBLIC MEETING Rezoning #05 -07 of the Admiral Byrd Center, submitted by Stowe Engineering, PLC; to rezone 11.4 acres from MI (Light Industrial) District to B2 (Business General) District, with proffers,�for office and retail uses. The property is located on the south side of Airport Road (Rt. 645), directly across from the Winchester Regional Airport terminal building. The property is identified with P.I.N. 60 -A -401 in the Shawnee Magisterial District. (This item was tabled from the June 6, 2007 meeting.) Action — Recommended Approval Connnissioner Manuel said thathe would abstain from all discussion and voting on this rezoning due to a possible conflict of interest. i Deputy Planning Director, Michael T. Ruddy, reported that the public hearing for this rezoning • was held on June 6, 2007. Mr. Ruddy said the parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (S W SA) and the Eastern Frederick County Long -Range Land Use Plan identifies the general area surrounding this property with an industrial land use designation. He noted that any proposed land use modification should reflect this land use designation within the Comprehensive Policy Plan. Mr. Ruddy pointed out that this property represents a prime economic development location and, therefore, any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. He said the expectation should be to promote a high- quality environment and a high - performing economic use that is unique to this particular location. Mr. Ruddy said the applicant has provided a revised proffer statement fo'r the project; it is the applicant's belief that the revisions provided address the issues raised by the Commission at its meeting on June 6, 2007. In general, the revisions seek to further define the possible uses for the site, to improve the design standards, and include a detailed Generalized Development Plan (GDP). Mr. Ruddy said that the revised GDP clarifies the location of the three proposed entrances and provides more detail regarding the proffered landscaping along Airport Road. The GDP provides for general building locations and further identifies that primary parking areas are behind and beside buildings. The revised proffer statement includes a new section that organizes the proffered design standards. New site design elements include: a proffer stating that any canopies or drive through areas will not front on Airport Road, a requirement that no more than 23,000 square feet of gross floor area will be utilized as a single retail entity; that retail uses will be located on the first floor of all buildings; and all free- standing signs shall be monument -type designs and shall be limited to one sign at each entrance to the site. The applicant has also prohibited 'a variety of uses that would be otherwise pennitted in the B2 Zoning District: also proffered is a limitation that no more than 40% of • the gross floor area on the site will be retail uses Frederick County Planning Commission Page 2085 Minutes of August 1, 2007 -5- • Mr. Ruddy said that staff recognizes the efforts made by the applicant; however, staff's conclusion remains the same as previously. Generally, the application and the proffer statement do not adequately address the issues identified in the staff's report, or the issues discussed by the Commission during their previous consideration of the application. In conclusion, Mr. Ruddy said the current zoning of the property is consistent with the County's Comprehensive Policy Plan. The site represents a prime economic development location and the request as submitted does not make the most of the location from a community economic development perspective. • Members of the Commission said they favored the idea of B2 Zoning at the front of the parcel, so people who work in the industrial park do not have to drive out onto Route 50 to another location for services. They believed some flexibility should be permitted. Commission members said they would be in favor of B2 uses that support the surrounding Ml properties, but not B2 uses that would draw outside traffic into the industrial park, such as a large grocery store. Other members stated they would be against allowing a large -scale use, such as an auto sales dealership or a 40,000 square -foot movie theater. Uses that seemed to be acceptable were gas stations, convenience stores, or daycare centers. In keeping with the surrounding style of development, Commissioners envisioned a multi -use building under B2 requirements. A concern was raised for creating a precedent- setting situation in which other parcels within the industrial park applied to rezone from industrial. Mr. Timothy S. Stowe, PE, LS, President of Stowe Engineering, PLC, was representing the Admiral Byrd Center rezoning. Mr. Stowe said the total acreage of the parcel is 23.5 acres, zoned M 1, and the applicant is requesting 11.4 acres of the front portion be rezoned to 132; he said the majority of the parcel would remain M1. Mr. Stowe said their goal was to etnhance the vitality, value, and economic development of the surrounding M1 properties and to encourage additional development. He expressed thelapplicant's desire to make a positive first impression in the appearance of the property. Mr. Stowe believed it was important to have convenient support services for those that work around the airport, so those persons don't have to drive out to the Route 50/522 intersection area. Referring to the GDP, Mr. Stowe pointed out inter - parcel connectivity between the two zonings of this parcel for both vehicular and pedestrian traffic. Mr. Stowe said his intent is to keep truck traffic away from the front of the buildings. He discussed their plans for signs and landscaping; for restricting canopies to the rear of the buildings; and the restrictive covenants relating to architectural standards and building materials. He said it was their intent to avoid "big -box" structures and, therefore, they've limited the gross floor area of any single retail entity to 23,000 square feet. In addition, he said they have proffered out nightclubs. Mr. Stowe said they have not proffered out hotels because at some point in the future, they believe hotels would be a real asset to the airport, especially if it provided meeting facilities. Mr. Stowe believed there were three uses that were important to the support services concept and those uses were finance, food, and gasoline. He commented that a convenience store was mentioned in their traffic impact analysis. • Commissioner Light asked Mr. Stowe if he would address all aspects of fuel sales, for example, the applicant's proposed limitations on gas pumps and fuel islands, diesel fuel, fuel sales to trucks, square footage, and access. Commnissioner Oates asked the applicant if he would be willing to proffer out automobile sales as an allowed use. Another item mentioned by Commissioner Oates was on Page 3 of 6, under Design Standards, which referred to outdoor advertising flags and banners; he did not believe they were permitted under the zoning ordinance. Zoning and Subdivision Administrator, Mark Cheran, confirmed that advertising banners were not permitted by the zoning ordinance. Frederick County Planning Commission Page 2086 Minutes of August 1, 2007 Commissioner Light asked Mr. Stowe how many parcels were intended to be subdivided off the 11 rezoned acres. Mr..Stowe said that had not yet been established; he said the required parking for individual uses will establish the boundaries for the various parcels. Chairman Wilmot next called for public comments; however, no of Chairman Wilmot then closed the public comment portion of the meeting. Commissioner Morris believed it was important to provide some whether the roads could acconunodate tractor trailer trucks to access diesel pumps. H idea to be too specific, especially within the proffer language. It was Commissioner N was good and the proposed uses were needed. Commissioner Light said he liked the concept, but the GDP was not have corresponding wording in the proffer statement. He believed it left considerable happen. forward to speak. ty; he questioned think it was a good pinion that the plan enough and did not 1 for other things to Mr. Stowe was willing to strike the flag and banner language from the proffer statement. Commissioner Morris next made a motion to recommend approval of the rezoning with the striking of the statement regarding banners and flags. This motion was seconded by Commissioner Thomas. BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning 905 -07 of the Admiral Byrd Center, submitted by Stowe Engineering, PLC, to . rezone 11.4 acres from M1 (Light Industrial) District to B2 (Business General) District, with proffers, forofhice and retail uses. This reconmiendation is contingent on the removal of the statement regarding banners and flags in the proffer language. The majority vote was as follows: YES (TO APPROVE) Kriz, Thomas, Wilmot, Light, Morris, Unger NO: Oates ABSTAIN Manuel (Note: Commissioner Mohn was absent for this item; Commissioners Watt, Ours, Triplett, and Kerr were absent from the meeting.) Master Development Plan 07 -07 for the Walters Property, submitted by Artz & Associates, PLC, for five single- family detached traditional residential lots, at 15,000 square -foot each, on Lauck Drive (Rt. 832). The properties are identified with P.I.N.s 53A -A -34 and 53A -A -35 in the Stonewall Magisterial District. Action — Recommended Approval Senior Planner, Candice E. Perkins reported that this master development plan (MDP) application is a proposal to develop five single - family detached traditional residential lots with a minimum lot size of 15,000 square feet on a 2.7 -acre tract of land zoned RP (Residential Performance). Ms. Perkins stated that Frederick County Planning Commission Page 2087 Minutes of August 1, 2007 -7- • the five new lots will be accessed off anew public road, Scaleby Lane, which consists of a 50 -foot right -of -way extending from Lauck Drive to the limits of the adjacent property to the west. Mr. Michael M. Artz, L.S., with Artz & Associates, P.L.C., stated that the request is a MDP of two RP -zoned tracts of land for a five -lot subdivision. Mr. Artz said there will be a new street with a temporary cul -de -sac, he said the street is intended for a future inter - parcel connector with the property to thewest, if it were ever developed. Commissioner Thomas inquired if Lot 1 would be accessed off Lauck Drive and Mr. Artz replied yes. Commissioner Thomas asked if there was enough buildable area for a house with the existing drainage easement. Mr. Artz replied yes; he said all of the lots are 15,000 square -feet and none of t}ie homes will be lar ge, although they will be in- keeping with the character of the area. Mr. Artz said that although some of the building area is lost, there is sufficient space for a dwelling facing Lauck Drive. Mr. Artz said that they will take special care to make sure there is a buildable area on Lot 1. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. James Shifflett, a new resident to Stonewall District, said his homejwas just south of the parent tracts proposed for subdivision and his driveway comes off Lauck Drive. Mr. Shifflett was concerned about how the drainfield might damage his driveway. He asked if there would be effluent in the drainfield or if there was going to be standing water. Mr. Shifflett inquired about the possibility of a fence or buffer between the two property lines. In addition, he asked if there would be any blasting. Mr. Artz said the area Mr. Shifflett is concerned about next to his driveway is a stormwater management area; not a drainfield site. He said all of the dwellings will be connected into the public sanitary sewer. Mr. Artz said there is no buffer requirement for the rear of these lots against Mr. Shifflett's property. Mr. Artz said that quite often, however, there is a need for buffering. He said he would make a suggestion to the property owner for some type of landscaped area along the rear of these lots to provide a buffer against Mr. and Mrs. Shifflett. In response to the blasting question, Mr. Artz said the development of the property will certainly comply with all of the regulations of Frederick County. Mr. Artz considered the best possible course of action was to stay in close contact with the Shiffletts while the property is being developed. Commissioner Oates asked Mr. Artz if the drainage pond would be wet or dry and Mr. Artz replied that it would be a dry pond. Conmissioner Oates next made a motion to recommend approval of the proposed MOP. This motion was seconded by Commissioner Light and unanimously passed. i BE IT RESOLVED, THAT the Frederick County Planning Commnission does hereby unanimously recommend approval of Master Development Plan 907 -07 for the Walters Property, submitted by Artz & Associates, PLC, for five single- family detached traditional residential lots, at 15,000 square -foot each, on Lauck Drive (Rt. 832). (Note: Commissioner Mohn was absent for this item; Commissioners Watt, Ours, Triplett, and Kerr were absent from the meeting.) • Frederick County Planing Commission Page 2088 Minutes of August 1, 2007 • ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:20 p.m. by a unanimous vote. C • Frederick County Planning Commission Page 2089 Minutes of August 1, 2007