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PC_09-15-04_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 15, 2004. 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; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: William C. Rosenberry, Shawnee District; Charles E. Triplett, Gainesboro District STAFF PRESENT: Eric R Lawrence, Planning Director; Mark R Cheran, Zoning Administrator; David Beniamino, Planner; Candice Mills, Planner; and Renee S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Comprehensive Plans & Proerams Subcommittee (CPPS) - 09/13/04 Mtg. Commissioner Light reported that the CPPS reviewed two applications that were a derivative of the Board of Supervisors and Planning Commission forum on UDA (Urban Development Area) and SWSA (Sewer and Water Service Area) expansions for the Comprehensive Policy Plan. Commissioner Light said the CPPS had a positive recommendation on the SWSA expansion for the Eastgate project, which also addresses some boundary lines for the SWSA. In addition, the CPPS discussed the Solenberger- Bridgeforth UDA expansion application, which was held back for the purpose of drafting better language because of the complexities of the Frederick County/ City of Winchester/ VDOT situations. r1 U Fredrick County Planning Commission Page 1382 Minutes of September 15, 2004 -2— • Historic Resources Advisory Board (HRAB) Commissioner Gochenour wanted to note for the record that the staff has recognized numerous absentees during many of the HRAB meetings. She said the staff is encouraging the members of the HRAB to attend the regularly scheduled meetings in order to implement the goals identified in the HRAB training sessions. Commissioner Gochenour said that the staff has requested that members notify staff when they are unable to attend regularly scheduled meetings. Economic Development Commission (EDC) 09/03/04 Mtg. Commissioner Thomas reported that the EDC discussed the restructuring of the Industry Clusters Committee and the Business Development Committee. He said the EDC also had a presentation from the Lord. Fairfax Community College on work force services and the continuing education program. Commissioner Thomas said that the next meeting will be devoted to how the EDC handles new business clients and ways to improve that process. PUBLIC HEARING • Conditional Use Permit 920 -04 of Stephen and Jessica Swiger for a landscape contracting business at 4552 Martinsburg Pike (Rt.11 N). This property, zoned RA (Rural Areas), is identified with P.I.N. 33-A- 26 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Chairman DeHaven said that he would abstain from all discussion and voting on this item due to a possible conflict of interest and he turned the chair over to Vice Chairman Thomas. Planner David Beniamino reported that the proposed conditional use permit (CUP) is for a landscape contracting business proposed to take place on a one -acre tract of land located in the RA (Rural Areas) Zoning District. Planner Beniamino described the applicant's proposal as follows: no more than eight employees; all work to be done off site; no more than five business vehicles and three trailers on the premises; no sales of nursery stock will take place on site; and the business will not be open to the public. He said there were no negative comments from any of the reviewing agencies. In addition, Planner Beniamino read a list of recommended conditions, should the Commission find the use to be appropriate. The applicant, Mr. Stephen Swiger, was available to answer questions from the Commission. Commission members asked Mr. Swiger if he was okay with placing screening around the property and if he understood what it consisted of Mr. Swiger was agreeable to placing the screening. Mr. Swiger was asked if he had a business license and he replied that he did. Members of the Commission raised the issue of the tendency for landscaping and • nursery businesses to pile up dead grass clippings, brush, and trees on site; they were concerned Fredrick County Planning Commission Page 1383 M nutes of September 15, 2004 -3— because this property is located within a residential area. The applicant said that because of limited • space, he would either dispose of the material elsewhere or contain the storage in a four -sided opaque area. Vice Chairman Thomas called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Light and seconded by Commissioner Gouchenour, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommended approval of Conditional Use Permit #20 -04 of Stephen and Jessica S Mger for a landscape contracting business at 4552 Martinsburg Pike (Rt. 11 N) with the conditions recommended by the staff and an additional condition addressing the screening of any piles of grass clippings, brush, or tree trimmings on site, as follows: All review agency comments and requirements shall be complied with at all times. 2. No more than eight employees, five business vehicles, and three trailers shall be allowed on site as a part of this conditional use permit. 3. Any expansion or change of use, including any increase in number of employees or equipment, will require a new conditional use permit with an engineered site plan. • 4. No sale of nursery stock will be allowed on site. Screening consisting of either a six -foot opaque fence or a double row of evergreens shall be planted in order to screen all materials and vehicles from adjacent properties. 6. Piles of dead grass clippings, brush, and/or tree trimmings shall be stored within a four - sided, opaque - fenced area or disposed off -site. (Please note: Commissioners Rosenberry and Triplett were absent; Chairman DeHaven abstained.) Chairman DeHaven resumed the chair at this point in the meeting. • Fredrick County Planning Commission Page 1384 Minutes of September 15, 2004 ME • PUBLIC MEETING Master Development Plan #09 -04 of Hamilton Court, submitted by Painter - Lewis, P.L.C. for townhouses and one single - family residential lot. This property is located along Fairfax Pike (Rt. 277), near the Town of Stephens City, and is identified with P.I.N.s 86 -A -89 and 86 -A -90 in the Opequon Magisterial District. Action - Recommended Approval Planning Director Eric R Lawrence stated that the preliminary master development plan proposes up to 45 townhouses and a single - family lot on approximately 6.461 acres of land zoned RP (Residential Performance) District. Director Lawrence said that the storm water management is proposed to be provided in the open space area, in underground storage areas. He said the applicant has also been able to resolve some of the other storm water and drainage issues in this area of the County. Director Lawrence pointed out that adequate right -of -way to accommodate the Route 277 road improvements will be provided and the applicant will provide continuation of a bicycle trail to adjacent properties. Mr. Tim Painter of Painter - Lewis, P.L.C. stated that they are simply in- filling a townhouse project that is surrounded by other townhouses. Mr. Painter explained the details of the proposed underground storm water management plan for this project. He described the 20 -foot space reserved around the perimeter of the project to be used to collect, control, and to convey storm water coming onto the site; he described the transfer of water through the site to the underground storage system where it would be released at a controlled rate. He explained how they are working with adjoining property owners to re -grade and install culverts in order to redirect water into their storm water management system to alleviate wet- weather ponds. • Commission members commented that this site appears to be currently used as a storm water management pond by the surrounding developments. Commission members had questions for the applicant concerning details of how the system would work and where the water would be discharged. Commissioner Thomas noted that a well was shown on the plan to serve the single- family home. Mr. Painter believed the dwelling was on county water and sewer. Commissioner Thomas asked the applicant if he would commit to connecting the dwelling to county water and sewer, if it was not already; Mr. Painter said that he would. Chairman DeHaven called for public comments and the following persons came forward to speak: Ms. Mary Kieter, a Lexington Court homeowner, said that it appears there will be a benefit to the applicant's proposal; however, she still had concerns about the work being done correctly. She said that Lexington Court already has drainage problems. Ms. Kieter said that when it rains, the east side of the neighborhood has ponding water that lasts for days. She said the applicant is proposing to remedy the water nm- off problem for the first six townhouses, however, there was a very large drainage easement behind the last eight townhouses. Ms. Elizabeth Peachywood, homeowner in Lexington Court, said that she owned Lots 149, 148, and 150. Ms. Peachywood described for the Commission how the water runs through the yard at the back of her homes on Lots 148 and 149 when it rains. She described it as being deep and that the ponds of water remain for days. She believed it was dangerous for the children in the area and she wanted to have the use of her back yard again. She also mentioned that it was unsightly and caused mosquitoes. Ms. Peachywood believed that the applicant's proposal would improve the drainage problem, but she wanted to be sure that it would take care of the problem. n U Fredrick County Planning Commission Page 1385 Minutes of September 15, 2004 -5- Commissioners further questioned the applicant on his storm water management plan so they could be assured that drainage problems were not going to be a future issue. The emergency vehicle tum- around • area was discussed, as well as the issue of the single entrance into the development. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #09 -04 of Hamilton Court, submitted by Painter - Lewis, P.L.C. for townhouses and one single - family residential lot to be located along Fairfax Pike (Rt. 277). The majority vote was as follows: YES (TO APPROVE) Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher NO: Gochenour (Please Note: Commissioners Rosenberry and Triplett were absent from the meeting.) OTHER Chairman DeHaven announced that the Rural Areas Study Group will meet on Monday, September 20, 2004, at 7:30 a.m. in the Planning Department, in lieu of the regular Tuesday morning meeting. He also announced that the Board of Supervisors and Planning Commission joint work session will be held on • Tuesday, September 28, 2004 at noon in the Board of Supervisors' meeting room. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 7:45 p.m. Respectfully submitted, Jr., Chairman R Lawrence, Secretary • Fredrick County Planning Commission Page 1386 Minutes of September 15, 2004