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HomeMy WebLinkAboutPC_09-05-01_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 September 5, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon 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: Cordell Watt, Back Creek District; S. Blaine Wilson, Shawnee District; STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; Rebecca Ragsdale, Planner 1; Mark Cheran, Planner 1; and Renee' S. Arlotta, Clerk. ® CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JULY 2, 2001, JULY 18, 2001, & AUGUST 1, 2001 Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of July 2, 2001 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of July 18, 2001 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of August 1, 2001 were unanimously approved as presented. 11 Frederick County Planning Commission Minutes of September 5, 2001 Page 715 -2- 9 COMMITTEE REPORTS Development Review & Reeulations Subcommittee (DRRS) - 08/23/01 Mtg. Planning Director Evan A. Wyatt reported that the DRRS is revisiting the issue of loading spaces in the commercial and industrial zoning districts for small lots; he said the DRRS is also interested in streamlining the review procedures for subdivisions and site plans for townhouses and apartments. Comprehensive Plans & Proerams Subcommittee (CPPS) - 08/13/01 Mtg. Commissioner Light reported that the CPPS made a recommendation to the Planning Commission to include all of the McTieman property into the Sewer and Water Service Area (SWSA); the CPPS also discussed staff proposals on the public education programs designed to educate the community on comprehensive planning in Frederick County. Deputy Planning Director, Eric R. Lawrence, added that the five educational meetings scheduled this Fall are designed to provide the community with an overview of comprehensive planning, to inform about the growth trends the County is experiencing in the rural areas, and to let the participants prioritize goals within the Comprehensive Plan. Historic Resources Advisory Board (HRAB) - 08/14/01 Mtg. Commissioner Morris reported that the HRAB awarded a historic plaque for the Old Stone Church located on Greenspring Road. He said that the HRAB also considered a conditional use permit for a school with a residential component along Chapel Lane and Cedar Creek. Commissioner Morris explained that the site is located within the Phase II area of the Battle of Cedar Creek as identified by the National Park Service Study. Two probable conditions suggested by the HRAB and which were acceptable to the developers were: 1) the log cabin on the property would be maintained; and 2) a Phase I Study of the history of the general area would be completed in the future. PUBLIC HEARINGS Conditional Use Permit #11 -01 of Walter I. Floyd, Jr. for a Motel (Bed & Breakfast). This property is located at 6244 Wardensville Grade and is identified with P.I.N. 69 -A -44A in the Back Creek District. Action - Recommended Approval with Conditions r� U Frederick County Planning Commission Minutes of September 5, 2001 Page 718 -3- Planner Mark R. Cheran read the background information and reported no adverse comments • from any of the reviewing agencies. Planner Cheran explained that the bed and breakfast would take place in a three- bedroom house located on the property and the number of guests will not exceed eight. He said that the property is surrounded by like properties, with the nearest property with a dwelling being 50' from the proposed bed and breakfast. Planner Cheran next read a list of recommended conditions, if the use was found to be appropriate. Commissioner Morris inquired if it would be permissible for the applicant to have more than eight guests on some occasions, for example, if there was a wedding reception. Staff replied that the Health Department is restricting the conditional use permit (CUP) to eight persons because of the limitations of the septic system. It was pointed out by the staff that the intent of this CUP is for a bed and breakfast only; as with previous bed and breakfasts that have sought to expand to include gatherings and meeting places, the applicant would be required to apply for a new CUP for expansion of the business. Mr. Walter I. Floyd, Jr., the applicant and owner, stated that he does not plan to have wedding receptions, parties, or seminars because the building to be used for the bed and breakfast is too small to handle large numbers of people. There were no public comments. The Commissioners were of the opinion that the proposed use would not have a negative impact on the surrounding properties and believed the use was appropriate. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, the ® Planning Commission unanimously recommended approval of CUP # 11 -0 1 of Walter I. Floyd, Jr. for a bed and breakfast at 6244 Wardensville Grade with the following conditions:. 1. All review agency comments shall be complied with at all times. 2. No more than eight (8) guests shall be permitted at any given time. 3. Based on the scale of this proposed use, Cottage Occupation Sign Requirements would be appropriate; signs shall not exceed four (4) square feet. 4. Any expansion or change of use will require a new conditional use permit. Conditional Use Permit #12 -01 of Mary C. Dixon for an expansion of Conditional Use Permit #13 -99 for a daycare facility. This property is located at 128 Meadowbrooke Drive and is identified with P.I.N. 85B -1 -22 in the Opequon District. Action - Recommended Approval with Conditions Planner Rebecca Ragsdale stated that this is a request to revise a previously- approved 11 Frederick County Planning Commission Minutes of September 5, 2001 Page 719 4- conditional use pennit to operate a daycare facility. She said that the applicant is permitted only six non- . resident children under her current conditional use permit (CUP) and desires to expand to ten non - resident children. Planner Ragsdale added that the daycare facility is conducted with the principal structure, the applicant has no employees, and the applicant is licensed by the Commonwealth of Virginia Department of Social Services as a Family Day Home. She further added that the residence is on public sewer and water and there were no adverse comments by any of the reviewing agencies. In conclusion, Planner Ragsdale read a list of recommended conditions, should the Commission determine the expansion to be appropriate. Mrs. Mary C. Dixon, the applicant and owner of the property, came forward to answer questions from the Commission. Commissioner Thomas inquired of Mrs. Dixon if the public hearing sign was posted in her yard for the hearing this evening and Mrs. Dixon replied that it was and it was posted last Tuesday. Chaiman DeHaven commented that Mrs. Dixon's State permit limits her to six children and that she would need to have her State permit updated. Chairman DeHaven asked Mrs. Dixon at what point the State would require her to have a helper. Mrs. Dixon replied that the requirement is based on points, which are based on the ages of the children; when she accumulates 16 points, she would be required to have a helper. She said that she did not anticipate having ten children; she explained that she has an infant coming that is a brother of another child in her care. She said that she has the points available, but it will put her at seven children and her State capacity was set at six children. Mrs. Dixon said that this was her main reason for pursuing the expansion of her CUP. There were no public comments. Is The Commission voiced no adverse concerns about the expansion of the CUP and believed the expansion would not be inappropriate at this location. Upon motion made by Commissioner Ours and seconded by Commissioner Unger, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 12 -01 for an expansion of Conditional Use Permit # 13 -99 for a Daycare Facility at 128 Meadowbrooke Drive with the following conditions: I . The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 2. The number of non - resident children allowed at this daycare facility shall total no more than ten. 3. No business sign shall be permitted. 4. All review agency comments shall be complied with at all times. U Frederick County Planning Commission Minutes of September 5, 2001 Page 72C -5- Conditional Use Permit 413 -01 of Lynnette L. Embree for a Cottage Occupation for a Counseling • Service. The property is located at 687 Front Royal Pike and is identified with P.I.N. 64C -A -2 in the Shawnee Magisterial District. Action - Recommended Approval with Conditions Planner Mark R. Cheran stated that this conditional use permit (CUP) application is for a counseling service to occur in a detached garage that has been remodeled into an office. He stated that the applicant proposes to see no more than one client at any one time and no more than five per day. Planner Cheran reported no adverse comments from any of the reviewing agencies. He added that the detached garage is greater than five feet from any adjoining property. He next read a list of recommended conditions, should the Commission determine the CUP to be appropriate. Mrs. Lynnette L. Embree, the applicant and owner of the property, explained that she will be operating a "coaching" business, which is different from counseling in that counseling deals with the past and coaching deals with the present and the future; she said she will be working with people to help them achieve the results they want in life. Mrs. Embree said that the business will not require licensing from the State. There were no public comments. No issues of concern were raised by the Commission and they believed the use would not have any significant impacts on adjoining properties. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, ® BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 13 -01 of Lynnette L. Embree for a Cottage Occupation for a Counseling Service to be located at 687 Front Royal Pike with the following conditions: 1. All review agency comments shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements; the sign is not to exceed four square feet. Any change of use or expansion of the use will require a new conditional use permit. Proposed Amendment to Chapter 165, Zoning Ordinance, to establish new Article XVIII, Medical Support (MS) District. The establishment of the new MS District requires amendments to Article IV, Supplementary Use Regulations, Section 165 -27, Off - Street Parking, Parking Lots; Section 165 -30, Signs; Section 165 -37, Buffer and Screening Requirements; and amendments to Article XXI, Definitions, Section 165 -145, Definitions and Word Usage. The proposed amendments are intended to establish a new zoning district which allows for a variety of support services and related residential land uses to support medical uses and schools of medicine. Frederick County Planning Commission Minutes of September 5, 2001 Page 721 -A . Action - Recommended Approval Planning Director, Evan A. Wyatt, stated that the Planning Staff conducted a work session with the Board of Supervisors on August 8, 2001, to review the draft MS (Medical Support) District. He said that the Board was comfortable with the overall format and language proposed by the Development Review and Regulations Subcommittee (DRRS); however, specific issues pertaining to the buffer and screening requirements were raised. Upon the Board's direction, Director Wyatt explained that staff revised the text to increase the buffer distance between the new district and adjoining properties that are zoned RA (Rural Areas) and eliminated language which provided for modifications to the buffer and screening requirements, provided that a legal agreement was entered into by both parties. Specifically, the 50' buffer requirement adjacent to agriculture use and a 100' buffer requirement adjacent to orchards was increased to 100' against agriculture use and 200' against orchards; in both scenarios the earth berm and landscaping is still required to provide a vertical buffer as well as a linear distance buffer. Director Wyatt pointed out an additional concern which surfaced regarding the urban collector and urban local road standards to make certain they were well defined to eliminate confusion about what was required. Director Wyatt said that staff met with VDOT officials to review the text and VDOT is comfortable with what is now proposed. In addition, he said that a waiver provision had been stricken from the text and some minor revisions were made to the off - street parking, signs, definitions, and word usage sections. Regarding the buffers and screening issue, Commissioners pointed out that every combination of zoning district possible is referenced in the matrix with the exception of the RA (Rural Areas) District. Commissioners believed the issue concerning buffers and screening against (RA) Rural Area property deserved ® consideration and warranted future study, however, they did not want to delay passing on the MS District. Chairman DeHaven called for public comment and the following person came forward to speak: Ms. Diane Kerns, an orchardist residing in the Gainesboro District, had a few comments from an orchardist's point of view regarding the buffers. Ms. Kerns believed that, 1) the footage for buffer /setback requirements against adjacent properties should be the same for all zoning districts to enable enforcement; 2) she was in favor of the 200' distance buffer; and 3) she raised the issue of whether or not there would be a greater percentage of persons within the MS District that might have issues with the spraying more so than persons in other districts, for example, the elderly, the very young, or persons with compromised immune systems. Commissioner Light moved to send the MS District to the Board with a favorable recommendation and this motion was seconded by Commissioner Unger. There was discussion about whether the distance buffer should be placed at 200' for all districts, across the board. As a compromise, Commissioner Light amended his motion to change the 20' landscape easement in the 100' section to a 40' landscape easement in order to move parking lots away and increase the three -foot berm to a six -foot berm in order to catch blowing matter. However, the amended motion died for lack of a second to the motion. Most Commissioners believed that a 200' buffer across the board was excessive. They believed that the buffer changes that were already made were a good compromise and the proposed ordinance Frederick County Planning Commission Minutes of September 5, 2001 Page 722 -7- was appropriate as presented. • Commissioner Light again moved to forward a recommendation of approval to the Board of Supervisors for the adoption of the Medical Support District as presented. This motion was seconded by Commissioner Unger and was unanimously approved. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter 165, Zoning Ordinance, to establish new Article XVIII, Medical Support (MS) District. The establishment of the new MS District requires amendments to Article IV Supplementary Use Regulations, Section 165 -27, Off - Street Parking, Parking Lots; Section 165 -30 Signs; Section 165 -37, Buffer and Screening Requirements; and Amendments to Article XXI Definitions, Section 165- 145, Definitions and Word Usage. These amendments are intended to establish a new zoning district which allows for a variety of support services and related residential land uses to support medical uses and schools of medicine. Proposed Amendment to Chapter 144, Subdivision Ordinance, Article III, General Provisions, Section 144 -6, Violations and Penalties. The proposed amendment establishes new penalties guidelines for violations of this Chapter of the Code of Frederick County. Action - Recommended Approval ® Planning Director, Evan A. Wyatt, stated that during the Planning Commission's 2001 Annual Retreat, one of the items under the heading, "Current Planning Projects," was the need to begin a comprehensive review of both Chapters 144 and 165 of the Frederick County Code. Director Wyatt said that the Development Review & Regulations Subcommittee (DRRS) has begun to review some of the "straight- forward" text amendments to begin this process, with the first being the Violations and Penalties Sections of both of the chapters. He said that the Planning Staff met with representatives of the County Attorney's Office to review the information pertaining to violations and penalties for enforcement measures and it was the County Attorney's Office's opinion that the County's Subdivision and Zoning Ordinances need to be amended to specifically address language within the Code of Virginia pertaining to misdemeanors. Director Wyatt said that the DRRS considered this issue during their July 26, 2001 meeting and have recommended the revised text amendments presented in the Commission's agenda. There were no public comments. The Planning Commission believed both amendments were appropriate and had no issues of concern. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed amendment to Chapter 144, Subdivision Ordinance, Article III, General Provisions, Section 144 -6, Violations and Penalties. The proposed amendment establishes new penalties guidelines for • Frederick County Planning Commission Minutes of September 5, 2001 Page 723 -8- violations of this Chapter of the Code of Frederick County. Proposed Amendment to Chapter 165, Zoning Ordinance, Article I, General Provisions, Section 165 -6, Violations and Penalties; Enforcement. The proposed amendment establishes new penalties guidelines for violations of this Chapter of the Code of Frederick County. Action - Recommended Approval Planning Staff comments on this item were received with the previous amendment, as both of these proposed amendments were completed in conjunction with each other. Chairman DeHaven instructed that the two amendments be considered separately since they were advertised individually. Chairman DeHaven called for public comments, but there were none. As with the previous amendment proposal, the Planning Conunission believed it was appropriate and raised no issues of concern. Upon motion made by Commissioner Morris and seconded by Commissioner Thomas, ® BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter 164, Zoning Ordinance, Article I, General Provisions, Section 165 -6, Violations and Penalties; Enforcement. The proposed amendment establishes new penalties guidelines for violations of this Chapter of the Code of Frederick County. PUBLIC MEETING .. Request for a Waiver to Increase Woodlands Disturbance in the Stonewall Industrial Park submitted by Mr. Mark Smith of Greenway Engineering on behalf of the Lenoir City Company of Virginia. This waiver would apply to 4.8 acres of woodlands identified by P.I.N. 43 -A -63 within an approximate 119 - acre site zoned MI in the Stonewall Magisterial District and previously master planned in 1999. Action - Recommended Approval Deputy Planning Director, Eric R. Lawrence, reported that this request is to increase the woodlands disturbance allowance within the Stonewall Industrial Park. Deputy Director Lawrence stated that the applicant, Mr. Mark Smith of Greenway Engineering, has submitted the request on behalf of Lenoir City Company for the Stonewall Industrial Park. He explained that the applicant is requesting to be permitted to disturb up to 75 percent of the woodlands on this site in order to more fully develop the property for light Frederick County Planning Commission Minutes of September 5, 2001 Page 724 industrial use. He proceeded to point out the location of the site and the area of woodlands proposed to be A disturbed. Deputy Director Lawrence continued, stating that the applicant has provided for the establishment of a 20' -wide easement along the northern property line, essentially preserving the natural landscape while maintaining a buffer against the adjoining agricultural property; the easement would contain approximately 1.6 acres, protecting approximately 25 percent of the site's woodlands. He added that these woodlands would be further protected by the applicant's proposal to prohibit the placement of utilities within the easement, except for future utilities necessary to serve the adjacent site; and at such time, the utilities will run perpendicular to the property line, minimizing disturbance. Mr. Mark Smith ofGreenway Engineering, representing the applicant, Lenoir City Company, stated that this particular area of Stonewall Industrial Park was added a little more than two years ago and contains an access connector road that extends to Welltown Road. He said that if the woodlands disturbance request is approved, he will proceed with the preparation of a site plan for three buildings to be located within this particular comer. He noted that this request is similar to the one recently approved for the Airport Business Center. Mr. Smith commented that woodlands disturbance for Commercial and Industrial Districts has always been a part of the County's ordinance; however, just recently, within the last few months, the topic of woodlands disturbance for Residential Districts has been discussed. He elaborated further, stating that a waiver provision for woodlands disturbance in Residential Districts was just recently approved and the County is now working on a new 75- percent tree save ordinance. Some members of the Commission speculated whether it would be reasonable to ask the applicant for replacement trees, for example, tree -lined streets, to replace the woodlands disturbed. Chairman ® DeHaven favored pursuing tree replacement as a goal; however, he believed that directing applicants to meet conditions and requirements that the Commission hasn't yet developed, or that the community has not yet reviewed, was not the best approach. Another point made by the Commission was that the Stonewall Industrial park has already been designed, it has matured, and the County should maximize and optimize this particular park. speak: Chairman DeHaven called for public comments and the following person came forward to Ms. Sue Golden, a resident of the Back Creek District, believed tree replacement was an excellent idea and believed it should be pursued for this particular request. Upon motion made by Commissioner Morris and seconded by Commissioner Triplett, BE IT RESOLVED, The Frederick County Planning Commission does hereby unanimously recommend approval of the request for a waiver to increase woodlands disturbance in the Stonewall Industrial Park submitted by Mr. Mark Smith of Greemvay Engineering on behalf of the Lenoir City Company of Virginia. This waiver would apply to 4.8 acres of woodlands identified by P.I.N. 43 -A -63 within an approximate 119 - acre site zoned M1 in the Stonewall Magisterial District and previously master planned in 1999. • Frederick County Planning Commission Minutes of September 5, 2001 Page 725 -10- . Request for a waiver of the 50' right -of -way requirement of Section 144 -5 of the Frederick County Subdivision Ordinance, submitted by Ms. Wendy Baruch, to create a family subdivision. Action - Recommended Approval Zoning and Subdivision Administrator, Patrick T. Davenport, reported that Ms. Wendy Baruch is requesting a waiver of the Subdivision Ordinance, Sections 144 -24C, which states that all lots shall abut and have direct access to a public street or right -of -way; Section 144 -31 C(2), which states that vehicular access to minor rural subdivisions may be provided by means of shared private driveways; and Section 144 - 31C(3), which states that the minimum width for shared private driveways shall be 50'. Mr. Davenport said that Ms. Baruch wishes to subdivide her 7.6 -acre property to create a family variance lot of 5.0 acres and to retain the remaining 2.6 acres. He said that Ms. Baruch was unsuccessful with her request to have Ms. Susan Golden, the adjoining property owner who owns an existing 12' private access easement known as Boyers Mill Lane, widen the existing access easement to the required 50'. Mr. Davenport said that Ms. Baruch has submitted a request for a waiver that would permit her to complete the proposed subdivision. Ms. Wendy Baruch was available to answer questions from the Commission. Ms. Susan Golden, adjoining property owner, stated that the existing 12' easement was perfectly adequate for her needs and the needs of the other property owners requiring its access. Ms. Golden said that other than Ms. Baruch, her home and the adjoining dwellings are weekend homes and, in addition, the 12' easement is located on a cliff which would be difficult to widen because of the steep topography. ® No other public comments were made. Commission members believed the potential for surrounding properties to be further subdivided was remote. The Commission believed this was an appropriate request. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request for a waiver of the 50' right -of -way requirement of Section 144 -5 of the Frederick County Subdivision Ordinance by Ms. Wendy Baruch. DISCUSSION REGARDING THE ALLOWANCE OF MOBILE HOMES AS ACCESSORY DWELLINGS. Action - Recommended Denial Planning Director Evan A. Wyatt stated that the Development Review and Regulations Subcommittee (DRRS) had received a request for the consideration of an amendment to Chapter 165 -26 of the • Frederick County Planning Commission Minutes of September 5, 2001 Page 72( -11- Zoning Ordinance which would allow mobile homes to be used as accessory dwellings throughout the RA District. Director Wyatt said that the DRRS considered this request at their meeting on July 26, 2001 and did not believe mobile homes should be allowed as an accessory residential dwelling because it would open the door for establishing two residential uses per lot within the RA (Rural Areas) District and may negatively affect the overall character of the District. He said that in addition, the DRRS believed that the current language governing accessory residential dwellings should be amended to require the issuance of conditional use permit for property owners desiring this use. speak: Chairman DeHaven called for public comments and the following person came forward to Mr. Cecil Boyce of 1759 Wardensville Grade said that he requested the amendment for his sister, whose husband passed away last April, so she could place a mobile home on her property because her house was in terrible disrepair and she does not have money for repairs. Mr. Boyce said he made the request for this particular purpose only. The Commission believed that if approved, this amendment would affect the County as a whole and while they were supportive of Mr. Boyce's goal to assist his sister, the Commission did not believe this was the appropriate way to proceed. The Commissioners were not in favor of allowing two dwelling units on a single parcel throughout the County. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend ® denial of the request to amend Chapter 165 -26 of the Frederick County Code to allow mobile homes as an accessory dwelling. OTHER CANCELLATION OF THE COMMISSION'S SEPTEMBER 19. 2001 MEETING Planning Director Evan A. Wyatt stated that no applications for consideration have been received for the Commission's September 19, 2001 meeting; however, in keeping with the Commission's desire for educational opportunities, a Geographic Information Systems (GIS) presentation could be held during that time. Commissioners were in agreement that the GIS presentation would be welcome. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, the Planning Commission unanimously agreed to cancel their meeting of September 19, 2001 and instead have a GIS educational presentation. • Frederick County Planning Commission Minutes of September 5, 2001 Page 72 I Pr -12- • ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by Respectfully submitted, Evan A. Wy tt, Secretary C l ir a -- � Charles S. DeHaven, Jr., . Chairman U • Frederick County Planning Commission Minutes of September 5, 2001 Page 72£