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PC_11-17-04_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 November 17, 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; George J. Kriz, Gainesboro District;; Cordell Watt, Back Creek District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; 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; John H. Light, Stonewall District STAFF PRESENT: Eric R Lawrence, Planning Director; Mark R Cheran, Zoning Administrator; Candice Mills, Planner II; and Renee' S. Arlotta, Clerk. • CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of October 20, 2004 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 11/08/04 Mtg. Chairman DeHaven reported that the CPPS discussed Capital Improvements Plan (CIP) issues and is continuing discussions on the Rural Areas Study. He said the Tuesday morning work group meetings have been well - attended and will be continuing with discussions on the Rural Areas issues. • Fredrick County Planning Coaunission Page 1410 Minutes of November 17, 2004 -z- Historic Resources Advisory Board (HRAB) • Commissioner Gochenour reported that the HRAB did not meet in November. She said the HRAB will, hopefully, meet next month to discuss plans for reorganization. CITIZEN COMMENTS Mr. Michael Artz with Artz & Associates came forward to state that he appreciated all of the time and effort that everyone is putting into the Rural Areas Study; he believed it was a serious and important issue. Mr. Artz thanked everyone who volunteered their own personal time to attend meetings and for being involved with all the Waal areas discussions. ITEMS ON THIS EVENING'S AGENDA Chairman DeHaven announced that Item #5 under Tab C, Master Development Plan #12-04 for Easy Living Mobile Home Community, is being postponed at the applicant's request and Item 46 under Tab D, Request for Expansion of the Urban Development Area for the Solenberger/ Bridgeforth properties, is also being postponed because the Comprehensive Plans & Programs Subcommittee did not believe it was ready to proceed forward. PUBLIC MEETING Master Dev elopement Plan #010 -04 for Hilda Maye Meadows, submitted by Bowman Consulting, for 20 single - family small lot dwellings on 4.28 acres in the RP (Residential Performance) District. The property is located on the north side of Apple Valley Road (Rt. 652), 0.25 miles west of the Valley Pike (Rt. 11) and Apple Valley Road (Rt. 652) intersection, and is identified with P.I.N. 63 -A -52A in the Shawnee Magisterial District. Action — Recommended Approval Planner Candice Mills reported that this property is located entirely within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). She said the applicant will be providing a community center and parking lot per the zoning ordinance; the applicant is also providing a trail, a picnic shelter, and a tot lot. She said this development will also require a residential separation buffer from all single - family dwellings and this will be provided via a 25 -foot buffer with a full screen. Planner Mills stated that the construction of the new public road will affect three property owners along Apple Valley Road and it will be necessary for two of those property owners to provide easements for the entrance taper. Planner Mills explained that all three property owners will have temporary construction • easements through their front yards. She advised that the applicant has not yet obtained the easements necessary Fredrick County Planning Commission Page 1411 Minutes of November 17, 2004 -3- for the tapers to the entrance; she said the easements are necessary in order for the staff to administratively approve the master development plan. In addition, Planner Mills pointed out that the public road will create two lots that have non - conforming setbacks for their primary structures. She said that if the Planning Commission believes the layout is sufficient as presented, the applicant will need to ask for a waiver from the subdivision ordinance at the Board of Supervisors' meeting. Commissioner Gochenour asked when the property was rezoned and staff replied it was rezoned back in 1980. It was remarked that no proffers were involved when the property was rezoned. Mr. John Erickson with Bowman Consulting Group, the design engineers for this project, came forward to answer questions from the Commission. Commissioner Thomas asked Mr. Erickson if he had any reason to believe there might be a problem acquiring the easements from the adjoining property owners. Mr. Erickson replied no; he said they have received verbal agreements and are currently working on the written agreements. Mr. Erickson said the written agreements will be ready in time for the Board of Supervisors' meeting. Commissioner Thomas also inquired whether or not the two lot owners were aware that a waiver was going to be required because of the reduction in setbacks. Mr. Erickson replied that he actually just learned about the waiver requirement today. Mr. Erickson said that hopefully, it will not be an issue; however, he has not yet had an opportunity to speak with those lot owners. Mr. Erickson added that the property owners did see the layout of the master development plan in its current state. Mr. Denny Derflinger, the applicant, said that he spoke with the two affected property owners and he explained the situation to them. He said he advised the property owners that if they had any issues or objections, they should come to the Planning Commission meeting. Mr. Derflinger said that neither of the property owners seemed to have a problem and they were not present this evening. Chairman DeHaven called for public continents and the following persons came forward to speak Mr. Bill McDonnell, adjoining property owner in Plainfield Heights, was concerned about surface run -off water, the size of the proposed lots, and buffering details such as landscaping and the repair and maintenance of the existing fence. Mr. Don Jones, adjoining property owner in Plainfield Heights, inquired if he and his neighbors were going to be given the opportunity to hook into the sewer line that was installed in this area some time ago. He said that if the developer was going to hook into that line, then the existing residents should also be given the opportunity. Mr. Erickson returned to the podium to address the questions from the adjoining property owners. He described the on -site storm watermanagement facility to be constructed per the zoning ordinance and he described the landscaping. Mr. Erickson said the applicant will run a separate sewer line down the proposed street and tie into an existing manhole. Commissioner Morris asked if the applicant would be willing to add a notation on the master plan stating that the existing fence will be repaired and maintained. Mr. Erickson agreed to providing that notation. r1 LJ Fredrick County Planning Commission Page 1412 Minutes of November 17, 2004 ME Upon motion made by Commissioner Moms and seconded by Commissioner Kriz, • BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Master Development Plan # 10 -04 of Hilda Maye Meadows, submitted by Bowman Consulting Group, for 20 single - family small lot dwellings with the addition of a statement on the master development plan indicating that the existing fence will be repaired and maintained; the Commission does also recommend approval of the requested waivers for the two lots that will be created with non - conforming setbacks for their primary structures. The vote was as follows: YES (TO APPROVE) Watt, Unger, Morris, Thomas, Kriz, Triplett, DeHaven NO: Straub, Gochenour (Note: Commissioner Ours was not present for this vote; Commissioners Rosenberry and Light were absent from the meeting.) DISCUSSION OF POSSIBLE CHANGES TO THE FREDERICK COUNTY CODE, SECTION 165 -48.7, FLEX TECH, AND SECTION 165 -156, DEFINITION OF FLEX -TECH. Zoning Administrator, Mr. Mark R Cheran, reported that the Development Review & • Regulations Subcommittee (DRRS) discussed possible changes to Section 165 -48.7, Flex -Tech, and Section 165- 156, Definition of Flex -Tech, at their meeting of October 28, 2004. Mr. Cheran stated the DRRS believed the language of the ordinance adequately addressed the needs of the Flex -Tech use. In addition, the DRRS believed any changes to the Flex -Tech section would allow greater retail activity in the B3 (Industrial Transition) District and the M1 (Light Industrial) District, which is not the intent of these two districts and may undermine the integrity of the zoning ordinance. Mr. Cheran said the Flex -Tech, as currently written, allows a single user the flexibility to introduce a small retail component of an industrial- manufacturing use. Mr. Cheran continued, stating that the ordinance amendment, which was proposed by Painter - Lewis, PLC for their client, would enable up to 40% of a structure to be used for uses other than those permitted in the underlying zoning district. He said the DRRS does not support this proposed amendment as written and believes the current Flex -Tech ordinance is adequate to meet the user's needs. Mr. John Lewis of Painter - Lewis, PLC, representing the owners of the Airport Business Park, introduced himself and the developers, Mr. Pruitt and Mr. Peter McCabe. Mr. Lewis stated that they would like to see a clarification of the Flex -Tech ordinance and secondly, they would like to see greater flexibility in the uses allowed in the M 1 District. He explained that there is a potential market for large square- footage facilities that do not necessarily have a warehousing component; for example, a gymnastics school with a large area equipped with mats for athletics and a small retail area in front. Commission members pointed out that the original intent of Flex -Tech was to serve as an incubator -type area for small garage -type businesses, which had out -growm cottage and conditional use permits, to move into a flexible business arrangement where they could grow. Mr. Lewis said that those users are not • taking advantage of this endeavor and possibly, the time has come to re- examine the vision for flex -tech, if the Fredrick County Planning Commission Page 1413 Minutes of November 17, 2004 -5— county wants it to work During their discussions, Commission members noted that a primary concern was the • traffic safety involving large trucks and automobiles trying to maneuver in the same area. It was noted that structure sizing may not need to be the over -riding issue, if there is the ability to separate traffic. They preferred to have retail in the front of the structure and have trucks use the rear of the structure. Commission members believed the issues that would need to be addressed were the parking, the separation of automobile and truck traffic, and the establishment of a permitted square- footage range. Mr. Pete McCabe, asset manager of the Pruitt -Hazel portfolio, stated that his group speculatively develops in an attempt to provide an environment for the broadest spectrum of businesses to operate in a degree of harmony as broad as possible. Mr. McCabe said that these businesses, for whatever reason, either do not have the capital or do not wish to invest their capital in their own facility or in owning real estate. He identified several segments of the market, such as karate schools, cheer - leading schools, swim schools, etc., who are typically renting armory space or school gyms instead of operating out of their basements. Planning Director Eric R. Lawrence pointed out that the Flex -Tech ordinance applies to the B3 and the Ml Districts and the scenarios being discussed are M 1- based. He said that if the Flex -Tech ordinance is ultimately changed, additional M1 uses could be introduced into the B3 District. Commissioner Thomas suggested a Flex -Tech Overlay District. Mr. Cheran remarked that the uses presented as examples during the discussion this evening are not currently permitted in the M 1 District. He said that an amendment to the ordinance would be necessary for those uses with the amount of square footage mentioned. Commissioners who were also DRRS members noted that the Flex -Tech section seemed to fit the intent of where the committee originally wanted to go; however, if that vision was impractical from a • developer's or user's standpoint, then possibly the vision needs to be changed. Commission members believed that before considerably more work is done by the DRRS or the Commission, direction should be received from the Board of Supervisors. The Board of Supervisors' liaisons, Ms. Barbara VanOsten and Mr. Gary Dove, believed the ideas raised warranted further study, especially if the Flex -Tech District is not being utilized; they also supported investigating the possibility of an Overlay District. DISCUSSION OF SECTION 165 -50Q OF THE FREDERICK COUNTY ZONING ORDINANCE REGARDING PUBLIC UTILITY GENERTING FACILITIES IN THE RA (RURAL AREAS) ZONING DISTRICT. Zoning Administrator, Mark R Cheran, stated that the Development Review and Regulations Subcommittee (DRRS) discussed public utility generating facilities as a by -right use in the RA (Rural Areas) Zoning District at their meeting of October 28, 2004. Mr. Cheran reported that the DRRS believed that this use should require a conditional use permit (CUP) to allow the Planning Commission and the Board of Supervisors more oversight. He said the staff is recommending the removal of Section 165 -50Q and adding public utility generating facilities to Section 165 -51DD Conditional Uses in the RA Zoning District. He noted that the proposed change would not affect any booster stations or transmission lines. Commission members said the trend they have observed is not necessarily the in -place utilities, but the "for- profit" operations that are occurring under deregulation. It was noted that a "public utility generating facility" could include anything from a water mill to a nuclear power plant. Commissioners believed the County Fredrick County Planning Commission Page 1414 Minutes of November 17, 2004 should have the ability to make decisions on where these facilities would be located on a case-by-case basis. They • agreed that some degree of control was necessary; however, a conditional use permit may not be the appropriate vehicle. The possibility of a "public utility generating facility pemvt" was raised. Planning Director Eric R Lawrence suggested the possibility of using the CUP, for example, in the case of a farmer who wanted to erect several small wind mills and, subsequently, through the definition, it could be stated that the CUP would not be used for the large -scale generators. He said the large -scale generators would not be allowed in the County unless one of the SIC codes were amended to allow the facility in an industrial district. Commission members strongly supported further discussion on this issue. OTHER 2005 PLANNING COMMISSION ANNUAL RETREAT Planning Director Eric R Lawrence announced that the Planning Commissioners' 2005 Annual Retreat has been scheduled for Saturday, February 5, 2005. Director Lawrence requested that the Cotmnissioners forward their suggestions for topics of discussion to the staff over the next couple weeks, so the staff can incorporate those issues into the agenda. is LARGE PARCELS LAND - OWNERS' MEETING Chairman DeHaven announced there will be a meeting for the Large Parcels Land Owners concerning the Rural Areas Study on Thursday evening, November 18, 2004 at 7:00 p.m. in the Board of Supervisors' Meeting Room. Chairman DeHaven encouraged everyone to attend and to participate. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 8:15 p.m. • Fredrick County Planning Commission Page 1415 Minutes of November 17, 2004 Respectfully submitted,