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PC_09-17-03_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 September 17, 2003. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L; Thomas, Vice Chairman/Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; Gene E. Fisher, Citizen at Large; George J. Kriz, Gainesboro District; Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: John H. Light, Stonewall District; William C. Rosenberry, Shawnee District; Cordell Watt, Back Creek District; and Charles E. Triplett, Gainesboro District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Abbe S. Kennedy, Senior Planner; Jeremy F. Camp, Planner II; and, Beverly H., Dellinger, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. • COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 09/08/03 Mtg. Chairman DeHaven reported the CPPS is continuing discussions on rural areas issues. He said that information gathering with the general public will not be pursued until after the first of the year. Historic Resources Advisory Board (HRAB) - 09/17/03 Mtg; Commissioner Gochenour reported that the HRAB reviewed the Cro Ispointe rezoning proposal, submitted by Mr. Charles E. Maddox, of Gilbert W. Clifford & Associates, Inc., regarding property Frederick County Planning Commission Minutes of September 17, 2003 Page 1156 -2- • located in the Kemstown area, adjacent to Tasker Road (Rt. 642) and east of the end of the Winchester Bypass (Rt. 37) and the Hiatt Run condominiums master development plan, submitted by Painter - Lewis, L.L.C. for property located on the eastern side of Martinsburg Pike (Rt. 11) and north of McCann Lane. Commissioner Gochenour reported that both proposals received strong opposition from the members of the HRAB due to the potential of destroying significant pristine historic landmarks which are eligible for the National Historic Resource Registry. She commented that there was not enough time for a thorough review. She said that a detailed report on this meeting should be forthcoming and this report should be reviewed by HRAB members prior to the Planning Commission proceeding with the rezoning proposal and the master plan. Winchester Plannine Commission (WPCI - 09/16/03 Mtg. Winchester City Liaison, Mr. Vincent DiBenedetto, reported the following items considered by the WPC: 1) approved a 54 -lot subdivision behind Virginia Apple Storage off Valley Avenue with the main entrance on Harvest Drive; 2) tabled a 79 -unit subdivision with entrances on Middle Road and Valley Avenue through Lake Drive; 3) revisited a subdivision plan at Moreland Hills in Meadowbranch, near the County line, which includes a path through the wetlands area and, hopefully, continues to Merrimans Lane; a recommendation of approval was forwarded to Council with a modification to the path which will, hopefully, make it easier to reach Merriman Lane and will result in the first completed mile of the Green Circle. Mr. DiBenedetto remarked it may have future implications, if the property in that area is included into the UDA and developed, a connection may be sought. • In addition, Mr. DiBenedetto wanted to clarify an issue raised by the County Planning Commission two weeks ago during discussion on the UDA, regarding the extension of JubaI Early out to Rt. 37; he said there was a comment that City Council voted no on a plan to extend Jubal Early in July 1999. Mr. DiBenedetto said he researched the City's records and checked with the City Planning Department, and Jubal Early Drive extended still remains on the City's plan, it is on the WATS Plan, it is in the Comprehensive Policy Plan, and it is strongly supported by the City. He said the vote in 1999 had to do with a specific proposal and funding for upcoming years; it was lost on an 8 -5 vote accepting the plan VDOT wanted because many members believed it would take up too much road allocation funds for too long a time. He said that a couple individuals voted against it for environmental reasons; however, the majority of Council at that time, and still today, are committed to having the east -west connection. PUBLIC HEARING Rezoning Request 908 -03 of SWEJ, LLC, submitted by Greenway Engineering, to rezone 4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west, and is identified with P.I.N. 65 -A -47 and 65 -A -48 in the Red Bud Magisterial District. Action - Recommended Approval With Proffers C� Frederick County Planning Commission Minutes of September 17, 2003 Page 1157 -3- Planner Jeremy F. Camp presented the background information and review agency comments. He stated that Dell Court will be the point of access for the five proposed single- family detached traditional lots; no transportation improvements are required; no environmental features or historical resources exist on the property; and, the properties are located within the Urban Development Area (UDA). Planner Camp summarized the conditions proffered by the applicant, as follows: Only five single- family detached traditional lots will be permitted; access is limited to Dell Court (Rt. 1409) only; .40 acres of the site will be used as open space with an access easement from Dell Court; a road efficiency buffer will be provided and maintained by the future HOA; a GDP (Generalized Development Plan) is proffered depicting the general details of the proffers; a monetary contribution of $10,089 per lot will be paid to Frederick County, which is equal to 100% of the projected impacts to capital facilities. In addition, Planner Camp noted that staff has received a letter of support from the adjoining property owner to the east. Commissioner Straub asked the staff for additional description of the road efficiency buffer; she commented that the configuration of the access easement to the open space area was somewhat unconventional; and she expressed concern about the cumulative affect of increased housing in this area on the Senseny Road Elementary School, which she believed was either at capacity or over capacity at this time. Planner Camp replied that the applicant is proffering an 80 -foot road efficiency buffer, which is one of the two options permitted by the ordinance. Regarding the layout of the access easement, Planner Camp replied that the applicant's intent was to provide all of the lots with access to the open space located in the rear of the development. Commissioner Gochenour commented that despite the low number of vehicle trips per day • projected to be generated by this proposed five -lot subdivision, the cumulative impact of traffic from these lots, along with other subdivisions currently developing along Senseny Road, will have a significant overall impact on the transportation system. In addition, Commissioner Gochenour was concerned about the cumulative impact to the area's water supply and schools. She mentioned residents in the Saratoga Meadows subdivision who recently complained of a water pressure problem. Commissioner Gochenour believed these three issues should be addressed before any additional rezonings were approved on Senseny Road. Mr. Evan A. Wyatt with Greenway Engineering, representing SWEJ, LLC, stated that this four -acre parcel already contains road access and water and sewer facilities on site. Regarding the GDP, Mr. Wyatt said they've shown the open space area, the road efficiency buffer, and their intent was to depict the residential development area, but not necessarily the physical location of each of the five lots. He also mentioned their intent to correct an inconsistency in the GDP tent that was pointed out by the staff, concerning the lot layout, with a modification to the language within Section E of the proffer to read, "the applicant hereby proffers to provide for a GDP depicting the location of residential land use and the location of all road efficiency buffers and open space areas associated with the four -acre site." Mr. Wyatt added that the adjoining property owner immediately to the east was in support of this request. Mr. Wyatt further added that Mr, Boyle, the applicant, who lives in the house alongside the four - acre site, has been in touch with the neighbors in the immediate vicinity and he did not find anyone who had concerns with the development of this property into five lots. Commissioner Straub inquired if the five lots would be incorporated into the Senseny Glen F_ I L Frederick County Planning Commission Minutes of September 17, 2003 Page 1158 M • subdivision. Mr. Wyatt replied that the language within the proffer states that the five lot owners will be responsible for the maintenance of the buffer and VDOT will maintain the cul-de -sac. Mr. Wyatt said the five lots are not a part of the Senseny Glen subdivision per say, although they will certainly look and feel as if they do. Chairman DeHaven called for citizen comments, however, no one came forward to speak. The majority of the Commissioners believed this was a straight- forward application in an area that was appropriate for this type of rezoning. Commissioner Thomas made a motion to recommend approval of the rezoning with the revised proffer language included by Mr. Wyatt concerning the GDP. This motion was seconded by Commissioner Kriz. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #08 -03 of SWEJ, LLC, submitted by Greenway Engineering, to rezone 4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District for five single - family detached traditional lots with the proffers submitted by the applicant and one modification to the language within Section E of the proffer to read, "the applicant hereby proffers to provide for a GDP depicting the location of residential land use and the location of all road efficiency buffers and open space areas associated with the four -acre site" The majority vote was as follows: • YES (TO APPROVE) Unger, Morris, Thomas, Ours, Kriz, Fisher, DeHaven NO: Straub, Gochenour I (Please note: Commissioners Watt, Light, Triplett, and Rosenberry were absent from the meeting.) Rezoning Request 409 -03 of Shenandoah Mobile Courts, Inc., submitted by Greenway Engineering, to rezone 7.08 acres from RA (Rural Areas) District to MH -1 (Mobile Home Community) District. This property is located on the east side of Front Royal Pike (Rt. 522), 1,000' South of the intersection of Rt. 522 South and Papermill Road (Rt. 644). This property is identified with P.I.N. 76-A -1 in the Shawnee Magisterial District. Action - Recommended Approval Planner Abbe S. Kennedy reported that this rezoning request is a result of the pending construction of the planned major collector road that will cross the Shenandoah Mobile Court and result in the displacement of 15 mobile home units. She explained that a prior UDA expansion request for this site was based on the intent to expand the mobile home park to accommodate the 15 mobile home units displaced due to the construction of the major collector road associated with the access road to the Middle School site. Planner Kennedy stated that the applicant has recently submitted a recorded easement plat showing a proposed 50 -foot road efficiency buffer and an 80 -foot right -of -way dedication for this major collector road; the • Frederick County Planning Commission Minutes of September 17, 2003 Page 1159 -5- Frederick County School system has indicated their intent to provide the 50 -foot reduced road efficiency buffer • with a six -foot high berm and an evergreen screening of trees planted every ten -foot on center. In addition, Planner Kennedy noted that the property is within the UDA (Urban Development Area); it is within the study area of the South Frederick Land Use Plan; and, there were no negative review agency comments. She stated that the applicant's proffer statement notes that the subject mobile home community shall not exceed a maximum density of 57 units for the entire parcel; staff would suggest that the proffer be amended to note that this 7.08 -acre portion of the site will accommodate no more than 15 units, given the fact that this rezoning request is limited to the 7.08 -acre portion of the entire 14.21 -acre parcel. Commissioner Morris inquired if the overall density of this proposal was the same as it was before the initiation of the school project and Planner Kennedy replied that it was. Commissioner Gochenour had questions regarding the storm water management. Mr. Mark Smith of Greenway Engineering, the owner and the applicant, came forward to reply to the Commissioners' questions. Mr. Smith assured the Commission there will be no increase in the overall density; presently, there are 57 units, of which 15 units are being displaced and moved to the rear of the property. Regarding the staff's recommendation to specify a maximum of 15 units on the seven acres, he said their boundary line adjustment added seven additional acres to the original seven creating 14 acres acres total. Mr. Smith requested that the Commission allow the flexibility to accommodate the same number of mobile homes on a larger area to accommodate double -wide mobile homes and larger yard areas. • Mr. Smith continued, addressing the road access; his plan was to keep one of their two entrances on Rt. 522. He said they will eliminate one entrance on Route 522, however, they are gaining an extra entrance on the new access road. Regarding the storm water management plan, Mr. Smith said he will be constructing a dry pond adjacent to the property for storm water management control. Chairman DeHaven called for public comments, however, no one came foiward to speak Commissioner Morris commented that it was no surprise that the cost of housing in this area was ever - increasing; he believed there was a need for low- income housing and this was one way of meeting that need. Upon motion made by Commissioner Unger and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Request 409 -03 of Shenandoah Mobile Courts, Inc., submitted by Greenway Engineering, to rezone 7.08 acres from RA (Rural Areas) District to MH -1 (Mobile Home Community) District with proffers as submitted by the applicant. (Please note: Commissioners Watt, Light, Triplett, and Rosenberry were absent from the meeting.) • Frederick County Planning Commission Minutes of September 17, 2003 Page 1160 M ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 7:40 p.m. by a unanimous vote. Respectfully submitted, Charles eHaven, Jr., Chairman Eric • Frederick County Planning Commission Minutes of September 17, 2003 1 Page 1161