Loading...
HomeMy WebLinkAboutPC_01-21-09_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 January 21, 2009. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Christopher M. Molu, Red Bud District, Gregory S. Kerr, Red Bud District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: George J. Kriz, Gainesboro District STAFF PRESENT: Eric R. Lawrence, 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. Commissioner Thomas moved to adopt the January 21, 2009 Planning Commission Agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. MINUTES Upon motion made by Conunissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously approved the minutes of the December 3, 2008 meeting. COMMITTEE REPORTS Comprehensive Plans & Programs Committee (CPPCJ — 1/12/09 Mtg. Commissioner Oates reported that the CPPC discussed three items: 1) received a review of the Route 11 North Land Use Plan, which has been in limbo since October while staff compiled data with the Frederick County Sanitation Authority to determine the sewer and water availability for this area. The data will • also benefit work on future land use plans in other areas of the County. 2) Held discussion on the new formatting Frederick County Planning Commission Page 2415 Minutes of January 21, 2009 -2- for the Comprehensive Policy Plan. While the Historic and Environmental Chapters are moving along, it was decided the Community Facilities Subcommittee shall take on the reformatting of the Parks, Schools, Sanitation, and Fire & Rescue Chapters for the upcoming year. 3) Held election of officers, Mr. George Kriz re- elected as Chairman and Mr. Gary Oates re- elected as Vice Chairman. Historic Resources Advisory Board (HRAB) — 01/13/09 Mtg. Commissioner Oates said he was unable to attend; however, Commissioner Kriz attended and provided the following report: 1) The HRAB received a presentation from AT &T regarding a proposed rezoning of property to construct a lattice -type telecommunications tower next to a building it will serve. 2) The HRAB heard a presentation for the Bishop -Amari rezoning at the corer of Old Charles Town Road and Route l 1 North. The HRAB recommended the pedestrian plaza be placed away from the front comer and provide a view of the battlefield across Old Charles Town Road. They also wanted the applicant to document any existing buildings planned to be demolished. 3) The HRAB heard a report from Patton, Harris, Rust & Associates, Inc. confirming that the rezoning request for the Villages at Opequon Subdivision will comply with the HRAB recommendations from 2007. 4) The HRAB received a presentation on the Route 50 West rezoning for the Lutheran Home development. The HRAB recommended the existing trees be retained by proffer. 5) The HRAB approved the new format for the HRAB section of the Comprehensive Policy Plan. • Sanitation Authority (SA) — 12/20/09 Commissioner Unger reported 3.1 inches of rainfall for the month of December, which is average. He said the SA is reporting about 13,000 water customers and about 12,500 sewer customers; however, they expect to experience a decline during the upcoming year. The SA is pumping about 2.5 mgd from the Diehl Plant and only 1.2 mgd from the Anderson Plant. He said pumping from the Anderson Plant is low because of a broken pump and the SA is in the process of getting parts for repair. In the meantime, the SA needs to purchase additional water from the City of Winchester. Commissioner Unger said the SA is purchasing about 1.4 mgd from the City; however, it costs about double to purchase water from the City of Winchester compared to the County producing it themselves. Commissioner Unger said the SA has been experiencing some problems at the Parkins Mill Plant; they are assuming there is a break in the line and are attempting to find where that break is located. Economic Development Commission (EDC) — 01/09/09 Mtg. Commissioner Kerr reported the only topic of discussion was the recently conducted Young Professionals Survey. He said the purpose of the survey was to receive ideas on what is needed to influence young professionals to both live and work in the Winchester/Frederick County area. Commissioner Kerr said the results of the survey will be released in the very near future. • Frederick County Planning Commission Page 2416 Minutes of January 21, 2009 -3- Conservation Easement Authority (CEA) — 01/15/09 Mtg. • Commissioner Watt reported that the CEA reviewed two PDR (Purchase of Development Rights) applications, one for the Chamberlin property in the Gainesboro District and one for the Wright property, in the Back Creek District. Commissioner Watt said the properties consist roughly of 100 acres. He said the owners are just starting the application process and talking with the CEA about what they would like to do. Natural Resources Committee Chairman Wilmot gave the report from the Natural Resources Committee, in Commissioner Kriz's absence. Chairman Wilmot said the Committee's work was circulated to a number of people with technical expertise and comments have been received from five of those reviewers. She said the comments were very positive regarding the quality of the work and some suggestions were provided on wording and additional subjects. Chairman Wilmot said overall, this was an interesting experience and the Committee may want to do this again with other complex topics. Committee Appointments for 2009 Chainnan Wilmot announced the Planning Commission appointments to the Comprehensive Plans and Programs Committee (CPPC), as follows: Commissioners Kriz, Oates, Mohn, Manuel, Ruckman, and ex- officio members, Chairman Wilmot and Vice Chairman Thomas. Chairman Wilmot announced the Planning Commission appointments to the Development Review and Regulations Committee (DRRC), as follows: Commissioners Unger, Watt, Kerr, Ambrogi, Oates and ex- officio member, Vice Chairman Thomas. CITIZEN COMMENTS Chairman Wilmot called for public comments on any subject not on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Rezoning Application #16 -08 of Sportsplex, submitted by PHR &A (Patton, Harris, Rust, & Associates, Inc.), to rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business) District with proffers for commercial use. The property is located on Commonwealth Court (Route 1167), west and adjacent to I -81. The property is further identified with P.I.N. 75 -A -91 C in the Shawnee Magisterial District. Frederick County Planning Commission Page 2417 Minutes of January 21, 2009 -4- • Action — Recommended Approval with Proffers Senior Planner, Candice E. Perkins, reported that this property was originally developed under the Commonwealth Business Center MDP (Master Development Plan) which was approved in the 1990's when the majority of the development was zoned B3 (Industrial Transition). She said with this B2 rezoning, the applicant has proffered the following: 1) Should the existing use of the site cease as, "amusement and recreation services operated indoors," and a new primary use of the property proposed that would increase the number of vehicle trips, the applicant will prepare a TIA and will provide their share of the identified improvements; and, 2) The applicant shall dedicate right-of-way for 1 -81 shown on the exhibit included in the Commission's agenda packet. Conunissioner Oates inquired about required buffers for the proposed 132 -zoned property adjacent to an M2 -zoned property. Ms. Perkins said the M2 property will be required to place the zoning district buffer when they develop the property. Ms. Perkins said the Sportsplex property would be required to place the buffer along the B3 property. Conunissioner Unger asked the staff if there were any uses under B2 that would not be appropriate for this location. Ms. Perkins replied that if the applicant discontinued the indoor recreation use and requested a different use with a much higher trip generation, a TIA would be required, along with review by the Planning Commission, with their proposed transportation improvements. Commissioner Thomas commented that with the rezoning of this parcel, there is no additional property that could be developed there. He said this rezoning action will simply provide the applicant with the ® ability to place a daycare center. Ms. Perkins replied yes; she said the property is mostly building and parking so redevelopment would mean demolition and starting over. Mr. Patrick Sowers with PHR&A (Patton, Harris, Rust & Associates, Inc.) was representing this application. Mr. Sowers said under the B3 Zoning District, generally, the heavy trip generator uses are allowed in both B3 and B2, however, they have made assurances that if a heavier trip generator were to be established on the property once it is rezoned, the proffer would allow for a TIA and mitigation of any additional impacts. Mr. Sowers added they have satisfied VDOT with their proposal for right -of -way dedication along I -81. Mr. Sowers stated the applicant also understands that if this property is rezoned to B2, the applicant would have to comply with the zoning ordinance and provide a Category B buffer for the adjacent B3 property. He said a minor site plan revision would be required to accommodate that requirement. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the hearing. Commissioner Manuel supported the rezoning request with the TIA proffers and with the statement that if a change of use occurred, the applicant would be responsible for a TIA. He said he understood the intent and need of the proposed rezoning. Conunissioner Manuel next made a motion to recommend approval of the rezoning with the proffers offered by the applicant. This motion was seconded by Commissioner Ambrogi and was unanimously passed. Frederick County Planning Commission Page 2418 Minutes of January 21, 2009 -5- BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning Application # 16 -08 of Sportsplex, submitted by PHR &A (Patton, Harris, Rust, & Associates, Inc.), to rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business) District with proffers for commercial use. (Note: Commissioner Ours was not present for this vote; Commissioner Kriz was absent from the meeting.) PUBLIC MEETING Master Development Plan 910 -08 of I -81 Distribution Center, submitted by Triad Engineering, Inc. for up to 750,000 square feet of warehouse/ office use. The properties are located approximately.61 miles north of the Route 11 intersection with Cedar Hill (Route 671), bounded on the west by I -81, and on the east by Martinsburg Pike. These properties are further identified by P.I.N.s 33 -A -109 and 33 -A -110 in the Stonewall Magisterial District. Action — Recommended Approval Senior Planner Candice E. Perkins reported this MDP (master development plan) is a proposal to develop 59 acres, which was rezoned to B3 (Industrial Transition) in 2008 with proffers to accommodate up to 750,000 square feet of office or warehouse uses. Ms. Perkins said the applicant proffered the site would have only one entrance on Martinsburg Pike; this entrance was labeled as the "initial entrance." She said the initial entrance will eventually be closed and relocated to the future entrance location, specified in the proffers, to align with Branson Springs Road. She said the buffer locations are also depicted on the MDP, as well as the pedestrian • path along Route 11. Ms. Perkins added that the MDP is consistent with the requirements of the Zoning Ordinance, as well as Rezoning 405 -08. Mr. Dennis Dunlap, with Triad Engineering, was representing this MDP application. Mr. Dunlap said this property was rezoned to B3 District in September, 2008. He said during this process, they worked with the County staff and they believe all the issues have been resolved regarding buffers and entrance locations. Commissioner Thomas recalled there were some off -site improvements proffered at the intersection. Commissioner Thomas asked if there was a time frame involved with those improvements. Mr. Dunlap said the applicant proffered a monetary contribution to be used at the direction of Frederick County. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the meeting. Chairman Wilmot raised the airport's issue of parking lot lighting. Chairman Wilmot asked the staff if the County's ordinances have reached the point where the parking lot lighting is addressed. Ms. Perkins said lighting has not yet been addressed in the revised ordinances; however, the lighting issue will be addressed during the site plan stage of this development. Commissioner Ruck said it appeared the MDP is consistent with the requirements of the Zoning Ordinance and he made a motion to recommend the staff be given administrative approval authority for the MDP. This motion was seconded by Commissioner Thomas and unanimously passed. • (Note: Commissioner Ours was not present for this vote; Commissioner Kriz was absent from the meeting.) Frederick County Planning Commission Page 2419 Minutes of January 21, 2009 • Request of Frances M. Jenkins for a waiver of the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions, (C)(1)(b), Minor Rural Subdivisions, Setback and Lot Size Waivers, to enable a boundary line adjustment between two parcels, resulting in one parcel consisting of 2.5 acres and the other parcel consisting of 16 acres. This boundary line adjustment will not result in any new lots or affect the density. The property is located 1.9 miles south of the intersection of Round Hill Road (Route 803) and Singbass Road (Route 620). The property is further identified with P.I.N. 51 -A -98 in the Back Creek Magisterial District. Action – Recommended Approval Commissioner Unger said he would abstain from; all discussion and voting on this request, due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported the applicant is seeking an exception from the lot requirements of the Frederick County Subdivision Ordinance to enable a boundary line adjustment that results in a two -acre parcel and an adjacent 16 acres. Mr. Cheran said the Frederick County Code does not allow newly created lots less than five acres and, therefore, a waiver is needed for this boundary line adjustment to occur. He said the 16 -acre parcel will not have any further density rights and no new lots will be created, other than the small two -acre lot requested along Singhass Road. Commissioner Oates said the setback off a parcel greater than six acres will be 100 feet; he asked if the 100 -foot setback would be over top of the house, by moving the property line up. Mr. Cheran said it will be close, but they will need to see the survey. Commissioner Thomas had questions on whether this had the potential to become four lots instead of tluee. Planning Director, Eric R. Lawrence, said density within the County is calculated based on the parent tract as of December 11, 1991. He said the density is based on the 13.8 -acre tract which existed in 1991. Mr. Lawrence said it has only two density rights —one is the property with the house and if they would ever wish to subdivide, they could create one more lot. He said by doing the boundary line adjustment, the 13.8 -acre parcel will be made larger, but because the density calculations are based on the tract of record in 1991, there is no additional density that will be added to this site. Mr. Lawrence said the end result is a 16 -acre parcel, a two -acre parcel, and no additional density rights will be created through this exercise. Convnissioner Oates asked if the Rural Areas Subcommittee was considering lowering the minimum lot size in Frederick County from the current five -acre lot size. Mr. Lawrence replied they were encouraging a smaller lot size, but they did not want to affect the density. He said if the policies being discussed are ultimately adopted, there could be a two -acre minimum lot size rather than a five -acre minimum lot size. However, in this application, the density will still not be changed under anything that would come out of the Rural Areas Subcommittee. Commission members also had questions about which property the septic field would end upon and if the size of the septic field would need to be increased to meet current requirements. Mr. Lawrence replied that no change in policies or rules have been made with regards to drain field areas, so that would not apply in this situation. • Frederick County Planning Commission Page 2420 Minutes of January 21, 2009 as Chairman Wilmot called for public comments and the following person came forward to speak: Mr. John F. Hawse, III, said he was speaking on behalf of, and is the Power of Attorney for, Mrs. Frances M. Jenkins, the applicant and owner of the property. Mr. Hawse said this conveyance is based upon a Deed of Gift and because he has taker, care of Mrs. Jenkins for the past 20 years and her husband recently passed away in May. He said Mrs. Jenkins wanted to give him the orchard. Mr. Hawse said numerous boundary line adjustments were done prior to the enactment of the ordinance in 1991; he guessed the last boundary line adjustment was done in 1989. Mr. Hawse explained that his original tract, where his and his wife's house is located, was a five -acre parcel and over time other purchases were made from Mrs. Jenkins and added to their original parcel. He said the location of the septic systems should not affect the boundary line adjustment. Mr. Hawse said the adjustment will leave Mrs. Jenkins with 2.4 acres and he will pick up 2.4 acres; his total tract will consist of 16.2945 acres. Commissioner Watt inquired about the possibility of a future subdivision of the 16.2945 acres. Mr. Lawrence said the density is based on the original 13.8 -acre parcel and no new building lots would be allowed. Mr. Hawse assumed he still had the ability to deed a two -acre portion to a child. No other citizen wished to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Oates did not consider this to be a hardship situation; he said he understood Mrs. Jenkins wanted to give the property to Mr. Hawse, but he was not in favor of creating a lot less than five acres. Conunissioner Thomas said his biggest concern was the precedent the Commission would be • setting; however, considering the circumstances, he said the situation appeared to be appropriate and he thought it made sense to go ahead with the adjustment. Conunissioner Mohn also did not find the request to be objectionable, especially given the fact that it doesn't increase the density allowance. He thought it was a fairly unique situation. Commissioner Watt said he could see both sides of this situation. He said he agreed caution should be used so that a precedent is not set for this type of request, but at the same time, he thought both Mrs. Jenkins and Mr. Hawse had good intentions. Based on these comments, Commissioner Watt said he supported the request. Commmissioner Watt made a motion to recommend approval of the waiver request for Francis Jenkins. This motion was seconded by Commissioner Manuel and passed by a majority vote. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of the request of Frances M. Jenkins for a waiver of the Frederick Comity Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 31, Rural Subdivisions, (C)(1)(b), Minor Rural Subdivisions, Setback and Lot Size Waivers, to enable a boundary line adjustment between two parcels, resulting in one parcel consisting of 2.5 acres and the other parcel consisting of 16 acres. This boundary line adjustment will not result in any new lots or affect the density. The majority vote was as follows: YES (TO APPROVE) Watt, Ambrogi, Manuel, Thomas, Ours, Triplett, Kerr, Mohn • NO: Oates, Wilmot, Ruckman Frederick County Planning Commission Page 2421 Minutes of January 21, 2009 ME ABSTAIN Unger • (Commissioner Kriz was absent from the meeting.) OTHER City of Winchester Planning Commission — 01/20/09 Mtg. Commissioner Ours reported that the City of Winchester Planning Commission tabled a request by Fort Loudoun Properties for a conditional use permit for the conversion of ground floor, nonresidential use to a residential use on Wolf Street, between Braddock Street and Indian Alley. He said the Planning Commission passed an ordinance pertaining to incentives for the new LEED Certification, which deals with being more environmentally - friendly and "green" in development. Commissioner Ours said the Commission also enacted an ordinance of the Winchester Zoning Code as it applies to museums and art galleries in the Limited High Density Residential District. He said this was brought forward due to the Patsy Cline Museum, but it will apply to all museums and art galleries in this district henceforth. Walgreens at Dairy Corner Place — Applicant's Request for Tabling • Chairman Wilmot announced a request by PHR &A (Patton, Harris, Rust & Associates, Inc.) regarding the rezoning for Walgreens at Diary Corner Place. Chairman Wilmot said PHR &A, representative for the applicant, is requesting the Planning Commission lift the clock on this application. Clarification was made by Chairman Wilmot and verified by the staff that according to the applicant's request, the Commission is extending the previous 90 -day tabling for as long as necessary. It was noted there is no time frame being placed on the application's return. Chaimian Wilmot said this is an appropriate request by the applicant. A [notion was made by Commissioner Mohn to accept the applicant's request to indefinitely table the rezoning application for Walgreens at Dairy Comer Place and lift the clock. This motion was seconded by Commissioner Kerr and passed by a majority vote. The majority vote was as follows: YES (TO TABLE INDEFINITELY) Unger, Watt, Ambrogi, Manuel, Ruckman, Thomas, Ours, Triplett, Kerr, Mohn, Wilmot NO: Oates (Note: Commissioner Kriz was absent from the meeting.) • Frederick County Planning Commission Page 2422 Minutes of January 21, 2009 Planning Commission's 2009 Annual Retreat Chairman Wilmot announced the Planning Commission's 2009 Annual Retreat on Saturday, January 31, 2009, to be held at the Public Safety Building at 8:30 a.m. Rural Areas Workshop Chairman Wilmot announced a public meeting of the Rural Areas Workshop group on Tuesday, January 27, 2009, in the Board of Supervisors Meeting Room, at 7:00 p.m. Cancellation of the Planning Commission's February 4 2009 Meetin Planning Director, Eric R. Lawrence, announced there were no items scheduled for the Planning Commission's February 4, 2009, meeting. Upon motion made by Commissioner Mohn and seconded by Commissioner Ours, the Planning Commission unanimously voted to cancel their regularly scheduled meeting on February 4, 2009. • (Note: Commissioner Kriz was absent from the meeting.) ADJOURNMENT Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, the meeting adjourned at 7:45 p.m, by a unanimous vote. Respectfully submitted, 64 • (, ct mti C Wilmot, Chairman Eric R. Lawrence, Secretary • Frederick County Planning Commission Page 2423 Minutes of January 21, 2009