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PC_05-01-02_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 May 1, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District, Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; William C. Rosenberry, Shawnee District; Pat Gochenour, Red Bud District, Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District, Gene E. Fisher, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Patrick Davenport, Zoning and Subdivision Administrator, Jeremy F. Camp, Planner 11; Abbe Kennedy, Senior Planner; Rebecca A. Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. ® CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MARCH 20, 2002 Commnissioner Kriz pointed out a typographic error on Page 2. Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of March 20, 2002 were unanimously approved with the correction as noted. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 04/25/02 Commissioner Thomas reported that the DRRS discussed the woodlands ordinance and is seeking ways to improve the ordinance. He stated that the DRRS's discussion centered around the definition U Frederick County Planning Commission Minutes of May 1, 2002 Page 854 -2- of a "woodland" and acceptable ways to preserve woodlands. • PUBLIC MEETING Waiver Request of Charles and Jolene Orndoff, submitted by GreyWolfe, Inc., for an exception to the Frederick County Subdivision Ordinance, Chapter 144 -17(G) regarding cul -de -sac lengths. The property is identified with P.I.N. 33 -A -87A in the Stonewall Magisterial District. Action - Approved Chairman DeHaven stated that he would abstain from discussion and vote on this item because Mr. Omdoff had appointed him to his position on the Planning Commission. Chairman DeHaven turned the conduction of the meeting over to Vice Chairman Thomas. Commissioner Light said that he also would be abstaining from discussion and vote on this item because he, too, had been appointed to the Planning Commission by Mr. Orndoff. Zoning and Subdivision Administrator, Patrick T. Davenport, stated that the staff has received a request from Mr. Gary Oates of GreyNVolfc, Inc. who is representing Charles and Jolene Orndoff, for a waiver to the minimum cul -de -sac length requirement in order establish a rural preservation subdivision on undeveloped property. Administrator Davenport explained that the approximately 1 15.84 -acre tract, zoned RA, is situated at the ternhinus of Timber Lakes Lane (Rt. 811), and the proposed preservation parcel, accessed by Thistle Lane, contains frontage along 1 -81. He further explained that the applicant wishes to have the preservation parcel encompass the agriculturally- productive portion of the property; the applicant has stated that the proposed lots are located where the property is least suitable for agricultural activities. Administrator Davenport stated that a large portion of agricultural land will be pernhancntl preserved, if this design configuration is approved, which meets the intent of the rural preservation concept. Administrator Davenport continued, advising that if the Commission determines the waiver to be appropriate, several items should be incorporated into the motion for approval, such as: 1) Incorporating Fire and Rescue comments into the roadway design plan; and 2) should the proposed layout be altered as a result of inability to obtain health systems, the revised layout will need to be resubmitted for consideration by the Planning Commission. The Commissioners had questions regarding the Fire and Rescue comments, the type of health systems that would be provided, and whether school buses would be able to get in and out of the subdivision. Administrator Davenport advised that Fire and Rescue was more interested in the width of the cul -de -sac, rather than the length, and whether it was wide enough to make a three -point turn; the soil work for the well and septic systems was being held off pending the outcome of the waiver request; and school buses would be able to turn around in the proposed cul -de -sac. Administrator Davenport pointed out that the applicant could design a loop road hvith more lots than currently proposed as a b_v -right use and no waiver would be needed; he said that Timber Lakes Lane is presently a dead -end street. Mr. Gary Oates, representing the Orndoffs, stated that he met on -site with VDOT Frederick County Planning Commission Minutes of May I. 2002 Page 855 J - representatives and they are in favor of the cul-de -sac design. Mr. Oates said he has no problems meeting Fire • and Rescue continents, as they follow the standard VDOT designs. Mr. Oates inquired if he would be required to bring the design plan back to the Commission, if the cul -de -sac length turns out to be shorter than originally requested. Vice Chairman Thomas replied that if the cul -de -sac length is shorter than requested, Mr. Oates would not need to come back before the Commission. Commissioner Rosenberry inquired if there were mry restrictions on the width-to-depth ratio of the proposed lots. Administrator Davenport replied that the four -to -one depth -to -width ratio has been met on all of the lots. Vice Chairman Thomas called for public comments, however, no one came forward to speak. Commissioner Morris believed that in light of what could be done on this property by- right, this proposal was considerably more desirable, especially the road extension to V DOT standards, the cul -de -sac for fire and rescue and school bus turnaround, and the rural open space to be preserved. Upon motion made by Commissioner Morris and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby grant the waiver request for an exception to the Frederick County Code, Subdivision Ordinance, Chapter 144 -17(G) regarding cul -de- sac lengths, by Charles and Jolene Omdoff, with the provision that should the cul -de -sac length be lengthened as a result of designing the health systems. the proposed layout will be brought back before the Commission for review. The vote on the granting of this waiver was as follows: YES (TO APPROVE THE WAIVER) Straub, Watt, Unger. Morris. Ours. Kriz, Fisher, Triplett, Rosenberry, Thomas NO: Gochenour ABSTAIN DeHaven, Light Vice Chairman Thomas relinquished the chair back to Chairman DeHaven. Chairman DeHaven continued with the conduction of the meeting. Substantial in Accord Review of the Water and Sewer Facility Plan for the Northeastern Sewer and Water Service Area (SWSA), as submitted by the Frederick County Sanitation Authority, for conformance to the County's Comprehensive Policy Plan. Action - Recommended Approval IR Frederick County Planning Commission Minutes of Nhay 1, 2002 Page 856 1:: a - Deputy Director Eric R. Lawrence stated that the Sanitation Authority has submitted to the • County a master plan for water and sewer facilities for the Rt. 1 I North Service Area. Deputy Director Lawrence explained that this master plan provides the general location of the proposed water transmission mains and the sewer force mains that will facilitate utility services in the northeast portion of the County. He said that a recommendation is needed from the Commission concerning whether the Sanitation Authority's proposed master plan for the Rt. I 1 North Service Area is substantially in accord with the 2000 Comprehensive Policy Plan. Deputy Director Lawrence continued, stating that the 2000 Comprehensive Policy Plan, which was adopted by the Board of Supervisors on September 27, 2000, included this area within the Sewer and Water Service Area (SWSA). Deputy Director Lawrence said that the Sanitation Authority's service area proposal is consistent with the SWSA boundaries in the 2000 Comprehensive Policy Plan. Sanitation Authority Engineer - Director, Mr. W. H. Jones, P.E., stated that the Sanitation Authority proposes facilities to serve the Northeast Land Use Plan. specifically the SWSA designated in that plan and he described the location of the facilities proposed, as follows: from 1 -81, in the vicinity of Welltown Pike, to Clearbrook, paralleling the Winchester R Western Railway, on the east side (Rt. I I side) of the railroad; a sewer force main, varying in diameter from six to ten inches, extended to the existing Redbud Run Pump Station, which is in the vicinity of Miller Milling in the Ft. Collier Industrial Park; a 20 -inch water transmission main, which will connect to a transmission main along Rt. 672, from the Northem Water Plant, currently under construction. Mr. Jones explained that the transmission main is needed in order to provide transmission capacity for their source water supply at the Northern Water Plant. Mr. Jones explained that the existing transmission main along Rt. I 1 is limited in its capacity to less than onc- and -a -half million gallons per day (mgd); the Northern Water Treatment Plant under construction has a four mgd capacity; and the source water supply is 3.75 mgd. He said the Authority is seeking to build the transmission main along the railroad at this time in conjunction with the project to serve VDOT's 1 -81 rest area with water and sewer. He added that the Authority has also proposed water and sewer facilities to extend to VDOT's rest interchange area on 1 -81; these will generally follow Route I 1 on the highway right -of -way from Clearbrook to VDOT's rest area. He further added that a sewer force main will be extended and all of the wastewater from this area will be pumped back to the existing Sanitation Authority's sewer lines in the Ft. Collier Industrial Park. Mr. Jones continued, stating that the six mgd water capacity available from Clearbrook South can be transmitted through the 20 -inch main and, going north fiom Clearbrook about one to one -and -a -half mgd is available. Mr. Jones said the Sanitation Authority believes this is adequate capacity to serve the area at this time. In addition, they believe the sewer line will have adequate capacity to serve what is reasonably expected in that area, should development occur. Chairman DeHaven stated for the record that since the proposed sewer line will be crossing property that he owns, he would not vote on this item. Commissioner Rosenberry inquired whether Mr. Jones was confident that the Sanitation Authority will have access to the required water. Mr. Jones replied yes. Mr. Jones said that this transmission main will provide the means to transmit the 3.75 million gallons of water available at the Clearbrook Plant, and the capability to treat it, to the Sanitation Authority's customers. He explained this is why the transmission line is need; the Authority can only transmit up to 1 -1/2 mgd presently. Commissioner Straub inquired where the funds \vould come from to pay for the extension. L] Frederick Counh Planning Commission Minutes of May 1, 2002 Page 857 _5_ Mr. Jones mentioned three sources: contributions by landoNvners who desire access to the sewer line; $1 million • dollars from VDOT so they can have water and sewer access for their new visitors center site; and funds borrowed by the Sanitation Authority, through revenue bonds, which will be paid by users of the system. Commissioner Straub asked if there would be rate hikes for current users of the s} stem and Mr. Jones replied no. Commissioner Rosenberry asked if citizens would be required to hook up to the system. Mr. Jones replied no and gave an explanation as to why this is not recommended. Commissioner Gochenour asked Mr. Jones to identify the water sources. Mr. Jones stated there is 2.2 mgd available from the Clearbrook quarry, I mgd from the Whetzell Spring Well, and 1/2 mgd from the well on the plant site. Numerous other questions regarding protection of the water sources were discussed. speak: Chairman DeHaven called for public continent and the following person came forward to Mr. John Goode, a citizen of the Stonewall District, came forward to speak in favor of Mr. Jones' proposal. Mr. Goode read several ofthe objectives from the current adopted Comprehensive Policy Plan and believed the proposed Northeastern Sewer and Water Service Area Facilities Plan was in conformance with that plan. He stated that he, and other members ofthe Rt. I 1 North Scwer Organizing Committee, have worked over several years in am attempt to sewer this area of Frederick County and Mr. Jones' submittal is consistent with those plans. Mr. Goode also commented that most of the infrastructure proposed, the force mains, the gravity flow, the pump stations, etc., are paid for with private funds and not by taxpayers. Mr. Frank March with Seaward International, Inc., located in the Clearbrook area, agreedwith Mr. Goode's comments and stated Seaward International's support for the proposed Water and Sewer Facilities Plan. Mr. March said that he served as Vice Chairman of the Stonewall Sanitary Organizing Commission for Sewer, and their work was done in conformance with the Comprehensive Policy Plan. He said that Mr. Jones' Sewer and Water Facilities Plan for the Northeastern Sewer and Water Service Area supports the work that was accomplished by his committee. Commissioners supported the Sanitation Authority's objective of continuing to seek out additional access to additional water resources for the production of greater quantities. Commissioners believed Mr. Jones' proposal for the Water and Sewer Facility Plan for the Northeastern Sewer and Water Service Area was in accordance with the adopted Comprehensive Policy Plan and forwarded a recommendation of approval to the Board of Supervisors. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby endorse the Water and Sewer Facility Plan for the Northeastern Sewer and Water Service Area as being in accordance with the adopted Comprehensive Policy Plan and, therefore, recommends approval of the plan to the Board of Supervisors. Frederick County Planning Commission Minutes or May 1, 2002 Page 858 -6- YES (TO APPROVE) Rosenberry, Triplett. Fisher, Kriz, Ours. Thomas, Morris Unger, Watt NO: Gochenour, Straub ABSTAIN DeHaven, Light DISCUSSION Request by Greenway Engineering to Expand the Sewer and Water Service Area (SWSA) to incorporate a 10 -acre site, zoned RA, owned by Beverly Shoemaker, and identified with P.I.N 86 -A -81, zoned RA (Rural Areas) District. This property is located on Fairfax Pile (Route 277), east of Double Church Road, in the Opequon Magisterial District. The property is currently utilized as a residence. No Action Required Deputy Director Lawrence stated that staff had received a request from Mark Smith of Greenway Engineering for the expansion ofthc Sewer and Water Service Area (SWSA) to incorporate a 10.03 - acre parcel located on Fairfax Pike in the Opequon Magisterial District, Deputy Director Lawrence recalled that recently, the County undertook a study to extend the S \VSA in the general vicinity of Hudson Hollow Road and Fairfax Pike (Rt. 277), which was ultimately approved by the Board of Supervisors. He noted that this parcel is zoned RA and contains a residence, which the property owner intends to ultimately utilize as an office. Deputy Director Lawrence stated that the Comprehensive Plans and Programs Subconmtittee (CPPS) considered this request during their meeting on April 8, 2002 and recommended inclusion of the l0- acre tract into the SWSA. He said that the CPPS also restated their recommendation that all of the properties along the south side of Fairfax Pike, from Double Church Road to Sherando High School, should be included in the SWSA. Mark Smith of Greenway Engineering said that he is currently processing a conditional use permit to move the three employees from the older structure into the newer house because of the timing involved in processing a request for inclusion in the SWSA. Mr. Smith said this area is not a residential area and he plans to seek a rezoning in the near future, should the SWSA request be approved. Commission members discussed with Mr. Smith his intentions for the property. Chairman DeHaven called for public comments, however, no one carte forward to speak. Members of the Commission agreed with the recommendation of the CPPS that all of this area should be included in the SWSA because of the existing zoning and planning that has existed for that area. Frederick County Planning Commission Minutes of May 1. 2002 Page 859 - 7 - • Discussion concerning proposed amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, pertaining to the regulation of nonconforming uses, structures, and signs. Changes are proposed to Sections 165 -148, 165 -149, 165 -150, 165 -151, 165 -152, 165 -153, and 165 -156. The DRRS and staff have drafted the text amendments for consideration by the Planning Commission and the Board of Supervisors. No Action Required Planner Jeremy F. Camp stated that the Development Review and Regulations Subcommittee (DRRS) and the staff have worked together preparing draft amendments to the Frederick Count\ Zoning Ordinance dealing with requirements for nonconforming uses. He explained that the proposed text amendments would clarify and increase die County's ability to regulate the sites of legally nonconforming uses, structures, and signs. He said the staff and the DRRS believed it was prudent to require that the nonconforming elements in the County be brought up to current design standards when an expansion is sought; the problem with the current ordinance is that it only requires the expanded area to meet current design standards. Planner Camp stated that the proposed amendments would go beyond current requirements by taking the entire site into consideration. He noted, however that the amendments do allow for a small one -time expansion of legally nonconforming uses and structures without having to modernize the entire site. He added that after the one- time expansion, the new amendments would require the entire site to be brought into compliance with any future expansion. The staff and Commission reviewed and discussed the proposed changes. Commission members were in favor of the proposed amendments as presented by the staff and DRRS; they noted that this was an appropriate revision of another section of the ordinance that needed • clarification. Commissioners instructed the staff to proceed with the discussion at the Board level and then, ultimately, a public hearing. OTHER RESOLUTION OF APPRECIATION FOR EVAN A. WYATT DEPARTING PLANNING DIRECTOR Chairman DcHaven said that Planning Director Evan A. Wvatt began employment with Frederick County on January 17, 1989 and his last day will be May 3, 2002, Chairman DcHaven read a Resolution of Appreciation from the Planning Commission to Director Wyatt for his service. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, the Planning Commission unanimously approved the Resolution of Appreciation. Frederick County Planning Commission Minutes of May 1, 2002 Page 860 - 8 - 0 - ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by a unanimous vote. Respectfully submitted. Evan A. Wy It. Sccrctar Charles S. DcHaven, Jr.. Chairman El Y� Frederick County Planning Commission Minutes of May 1, 2002 Page 861