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PC_07-18-01_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 July 18, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Cordell Watt, Back Creek District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Evan A. Wyatt, Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Rebecca Ragsdale, Planner 1; and Renee' S. Arlotta, Clerk. CALL TO ORDER • Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JUNE 20, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Triplett, the minutes of June 20, 2001 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 06/28/01 Mtg. Mr. Evan A. Wyatt, Planning Director, reported that the DRRS considered additions to the Medical Support District text and also recommended an amendment for radon resistant construction. u Frederick County Planning Commission Minutes of July 18, 2001 Page 702' -2- • Comprehensive Plans & Programs Subcommittee (CPPS) - 07/09/01 Mtg. Commissioner Light reported that the CPPS reviewed and discussed an extension of the Urban Development Area (UDA) towards the McTiernan property and the Burnt Factory Road area. He said the CPPS also had preliminary discussions on Planned Development Rights (PDR) Programs and how they may affect the economic well -being of the County. Historic Resources Advisory Board (HRAB) - 07/17/01 Mtg. Commissioner Morris reported that the HRAB continued their discussions on a rezoning application for the Duncan/Hoover property of which there is some historic reference to the Rutherford Farm area. He said that some agreeable solutions to issues raised by the HRAB with the developer's representatives were reached. Mr. Morris said that the HRAB also preliminarily discussed a conditional use permit application for a school with a residential component to be located along the area identified within Phase It of the Battle of Cedar Creek. Sanitation Authority (SA) - 07/17/01 Mtg. • Commissioner Fisher reported that the Sanitation Authority's Director/Engineer, Mr. Wellington H. Jones, reported that June's water demand was up by about 300,000 gallons over average and rainfall for the year is about 1.75 inches behind the yearly average. He also noted that the first report from the U.S. Geological Survey Study was received; its primary information is for monitoring and managing groundwater. PUBLIC HEARINGS Proposed Text Amendment to the Frederick County Code, Chapter 165, Zoning, Section 165 -5(E) - Compliance Required; Required Permits. This amendment pertains to Radon Resistant Construction Standards for Residential Construction as required by the Virginia Uniform Statewide Building Code. Action - Recommended Approval Mr. Evan A. Wyatt, Planning Director, stated that recently, the Uniform Statewide Building Code was amended to provide localities with the option of requiring radon resistant construction standards for residential construction. Mr. Wyatt said that localities desiring to implement this standard are required to develop appropriate language to be included within the Zoning Ordinance. Mr. Wyatt said that the Frederick LJ Frederick County Planning Commission Minutes of July 18, 2001 Page 703 -3- County Public Works Committee has recommended that Frederick County adopt this standard. Mr. John S. Trenary, Frederick County Building Code Official, said that the amendment pertains only to new construction for single - family dwellings with basements. Mr. Trenary said that the Building Inspections Department has received input from the real estate industry in which they state that approximately 40% to 60% of new homes are testing positive for radon gas levels above the allowed parameters and have to be retrofitted with some type of radon abatement system. He also pointed out that Frederick County personnel will not be involved in the testing aspect whatsoever; this amendment is for preventative measures only and any testing will need to be done by the homeowner, lending agent, or potential buyer. Mr. Unger inquired if the amendment also pertained to living spaces over garages. Mr. Trenary replied that any living space on a slab on grade will be required to meet the standards, with only crawl spaces being exempt. There were no public comments. Upon motion made by Mr. Unger and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the text amendment to the Frederick County Code, Chapter 165, Zoning, Section 165 -5(E)- Compliance Required; Required Permits. This amendment pertains to Radon Resistant Construction Standards for Residential Construction as required by the Virginia Uniform Statewide Building Code, as follows: Section 165 -5 Compliance Required; Required Permits. • 165 -5(E) Radon resistant construction measures shall be undertaken to meet the requirements of the Virginia Uniform Statewide Building Code. Radon resistant construction measures shall meet all applicable permitting and inspection requirements as a condition of structural occupancy as described in Section 165 -5(D) of this Chapter. - PUBLIC MEETING Waiver request by Larry and Susan Merritt to grant an exception from the requirement of Section 165- 54 of the Frederick County Zoning Ordinance for a lot in the Rural Areas (RA) District to be created or adjusted to less than five acres. This property is located at 413 Poorhouse Road and is identified with P.I.N. 52 -3 -4 in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Patrick T. Davenport, Zoning and Subdivision Administrator, presented a letter from property owners, Mr. Larry D. and Susan Merritt, who desire to initiate a boundary line adjustment with an adjoining property owner. Mr. Davenport said that the two parcels involved are both legally nonconforming • Frederick County Planning Commission Minutes of July 18, 2001 Page 704 lots, both of which are under five acres. He said the proposed boundary line adjustment would increase the • size of the Merritt's parcel from 0.68 acres to 1.19 acres and the adjoining property owners, Charles E. Cochran, Jr. and Mariam G. Cochran, would have an original parcel area of 3.075 acres reduced to 2.57 acres. Mr. Davenport continued, stating that Chapter 165 -140C of the Zoning Ordinance requires that a nonconforming use may not be modified if the degree of nonconformity increases. He said that Chapter 165 -54 of the Zoning Ordinance also requires that the minimum lot size in the RA District must be five acres with the exception of family variance lots or rural preservation lots. Mr. Davenport stated that the applicant is requesting a waiver to the aforementioned sections of the Zoning Ordinance in accordance with Section 144 -5 of the Subdivision Ordinance. In addition, Mr. Davenport pointed out that the Merritts have submitted a petition that indicates support for the boundary line adjustment by the adjoining property owners. Commissioner Unger inquired if any homeowners' drain fields would be located on properties other than their own after the boundary line adjustment is made or if the adjustment would create a land -lock situation for someone. Mr. Larry D. Merritt, the applicant and property owner, replied no; he said there are no wells, septic systems, or drain fields on the piece of property involved in the boundary line adjustment. Mr. Merritt added that the property cannot be developed and he wanted the property to give him and his wife additional land for a garden site. Mr. Merritt said the boundary line adjustment will not cause a land -lock situation for anyone. There were no public comments. Commissioners commented that it seemed all the residents in the immediate area agreed with the boundary line adjustment, based on the petition of support and no citizen comments; therefore, they did not is have any problems with the request. Upon motion made by Mr. Kriz and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the waiver request by Larry and Susan Merritt to grant an exception from the requirement of Section 165 -54 of the Frederick County Zoning Ordinance for a lot in the Rural Areas (RA) District to be created or adjusted to less than five acres. This property is located at 413 Poorhouse Road and is identified with P.I.N. 52 -3 -4 in the Gainesboro Magisterial District. DISCUSSION ITEMS MEDICAL SUPPORT DISTRICT WORKSESSION Mr. Evan A. Wyatt, Planning Director, gave an overall summary ofthe Medical Support (MS) District amendments. Design Engineer, Charles W. Maddox, Jr., and the Senior Vice President of Regional Services for the Winchester Medical Center, Douglas Rosen, were in attendance to answer questions. LJ Frederick County Planning Commission Minutes of July 18, 2001 Page 705 -5- Supervisor Reyes inquired if consideration was given to establishing a uniform color for signs • within the MS District. Mr. Rosen replied that they were currently in the process of evaluating the entire Medical Center Campus signage to do just that and would mirror that signage on the new side as well. Commissioner Morris asked about a possible scenario whereby an MS District borders and Agricultural District, in which there is no orchard at the time of master planning, and then afterwards, an orchard is established. He inquired if there was any requirement or enforcement measure for the land owner to ensure the 100 foot setback, if no original agreement was made. Mr. Wyatt replied that there is no requirement for active agricultural/ orchard land to screen their use against adjoining properties in the County Code. Mr. Wyatt recalled there was a protection blanket placed over the agricultural community via the "Right to Farm" legislation; he added that active agricultural use does not require approval by the Planning Commission or Board of Supervisors. Commissioners raised the issue of the inconsistencies of the setback requirements in the various districts within the ordinance; in the RA District, dwellings must set back 200 feet against orchards; in the RP District, dwellings must be set back 10 to 25 feet against an orchard;' and in the proposed MS District, dwellings would be required to be set back 100 feet. Mr. Wyatt commented that the standards of the proposed MS District may set the groundwork necessary where everyone can actually see the results and, hopefully, consider this a reasonable compromise for reducing the RA "penalty" and adding something more in the RP that has been lacking. Commissioner Fisher believed that overall, the MS District was well done; however, he had problems with the 50 -foot and 100 -foot buffers. Mr. Fisher believed that the increased density of the proposed district and the allowance of parking areas within the buffer, combined with the reduced setbacks, would result • in more people closer to agricultural property. He believed the RP District setbacks also needed to be changed. Mr. Fisher said that he could personally not support adoption of the MS District with the buffers designated. Mr. Wyatt explained that the buffer proposed in the MS District included both distance and screening, as opposed to flat visual distance, and would afford the adjacent landowner better protection. Mr. Wyatt said that although there would be parking and maneuvering in the inactive area, a six -foot -high by 36- foot- wide earth berm on a three- to-one slope, with four - foot -high minimum vegetation at the time of planting, would be a more effective buffer than a straight visual distance. Mr. Wyatt recalled a good example already on the ground in the Red Fox Run subdivision that's being built on Rt. 522 South, adjacent to Chapel Hill. Mr. Wyatt encouraged the Commission to go in on the cul-de -sac; he said the berm is very effective and you don't realize that Route 522 is even there. Mr. Ours was pleased to see the efforts that were made to incorporate the "corridor design standards" into this plan. Mr. Ours commented that a lot of work had gone into the corridor design standards over the years and he was very pleased. He pointed out an editorial correction on Page 10, Section 165 -127; he suggested the wording "may approve" instead of "shall approve." Chairman DeHaven recognized the tremendous amount of outstanding work that had gone into the development of the MS District and he believed everyone who was involved in the process should be commended. Chairman DeHaven believed it was an excellent document. He shared the concern about the setbacks, but was not uncomfortable with what was proposed and believed it was a good compromise, affording more efficient use of land for a more intense type of district. • Frederick County Planning Commission Minutes of July 18, 2001 Page 706 Mr. Wyatt announced awork session on the MS District with the Board of Supervisors at 6:00 ® p.m. on August 8, 2001, for anyone who would like to attend. Mr. Wyatt said that if there are no changes to the proposed district, he believed it could be scheduled for public hearing for the Commission's first meeting in September. OTHER STATUS OF THE LAKE FREDERICK PUBLIC HEARING IN RICHMOND, VIRGINIA Commissioner Morris asked the staff for an update on the Lake Frederick public hearing in Richmond, Virginia. Mr. Davenport replied that a public hearing in Richmond, Virginia is scheduled for tomorrow, July 19, 2001, regarding the issue of the proposed transfer of ownership of Lake Frederick from the State to private ownership, as well as other issues. When asked by Mr. Morris if Frederick County will have an official position on the matter, Mr. Wyatt said that the Board of Supervisors adopted a resolution strongly objecting to the transfer of Lake Frederick to a private entity. INTRODUCTION OF REBECCA RAGSDALE, PLANNER I Mr. Evan Wyatt, Planning Director, introduced the Planning Department's newly -hired • Planner I, Ms. Rebecca Ragsdale. Mr. Wyatt said that Ms. Ragsdale is a graduate of the University of Virginia and will be assisting with the Comprehensive Plans Committee, the Historic Resources Advisory Board, site plan and building permit review, and some enforcement work. EDUCATIONAL OPPORTUNITIES Commission. n U Mr. Wyatt reviewed some information on educational opportunities available for the Frederick County Planning Commission Minutes of July 18, 2001 Page 707 -7- . ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:15 p.m. by unanimous vote. Respectfully submitted, i Evan A. Wya t, Secret e� .'-L' 'S a �� a Charles S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of July 18, 2001 Page 708