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HomeMy WebLinkAboutPC_12-15-99_Meeting_MinutesMEETING MINUTES OF THE • FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on December 15, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; Terry Stone, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Robert A. Morris, Shawnee District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Director; Michael T. Ruddy, Zoning Administrator; Chris M. Mohn, Planner 11; Amy M. Lohr, Planner 1; and Renee' S. Arlotta, Clerk. . CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - NOVEMBER 3. 1999 Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of November 3, 1999 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. I— L-1 Frederick County Planning Commission Minutes of December 15, 1999 Page 45C F -2- • PUBLIC MEETING Master Development Plan #04 -99 of Lexington Court, submitted by Painter - Lewis, P.L.C. This property is located on Fairfax Pike (Rt. 277), 0.9 miles east of I -81, and is identified with P.I.N. 86 -5 -B in the Opequon Magisterial District. Action - Recommended Approval Chairman DeHaven said that he would abstain from discussion and voting on this master development plan due to a possible conflict of interest. Vice Chairman Marker conducted the meeting. Mr. Chris M. Mohn, Planner II, read the background information and review agency comments. Mr. Mohn said that staff has identified three issues associated with this master development plan: transportation, non - conforming structure status, and the road efficiency buffer. Regarding the transportation issue, Mr. Mohn stated that the applicant has provided a 12 -foot dedicated strip of land to accommodate the right-of-way requirements for the future widening of Fairfax Pike (Rt. 277). He said that VDOT has advised the staff that such dedication adequately satisfies the project's right -of -way needs along the frontage of the development. Regarding the other two issues, Mr. Mohn stated that the approval of this master development plan will result in the creation of non - conformities relative to the existing dwelling. He said the first is the dwelling's encroachment within the front yard setback required from the Lexington Court right -of -way and the second is its location within the area that would otherwise be reserved as a road efficiency buffer. He noted that it is the staffs opinion that the origination of such non - conformities through master plan approval may be considered legal given the existence of the dwelling prior to the adoption of the subject standards. • Mr. Timothy G. Painter, P.E. of Painter - Lewis, P.L.C., representing the owner /developer, was present to answer questions from the Commission. The applicant believed that placing the road efficiency buffer in front of the existing dwelling would detract from its appearance and the subsequent development. Members of the Commission inquired why Hammer Court was not extended all the way through to Fairfax Pike (Rt. 277). The applicant responded that VDOT preferred not to extend Hammer Court because it could result in the creation of a thoroughfare. Members of the Commission pointed out that a state - maintained road through this area was not possible anyway, because of the parking areas coming out onto the street. There were no public comments. Although the approval of the proposed master development plan would result in the aforementioned non - conformities, the Commission believed it was otherwise consistent with the requirements of the Zoning Ordinance. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #04 -99 of Lexington Court, submitted by Painter - Lewis, P.L.C. contingent upon the applicant's ability to adequately address all comments and concerns of the Planning Frederick County Planning Commission Minutes of December 15, 1999 Page 451 3- Commission and the Board of Supervisors, as well as the technical comments of all review agencies. • (Note: Chairman DeHaven abstained from voting on this item.) Waiver request from the driveway alignment requirement for motor vehicle access, Section 165- 29.A.(12) Motor Vehicle Access, Zoning Ordinance, for the proposed Michael G. Prelip office complex in the Commonwealth Business Center. This property is located on Commonwealth Court, off Route 11, and is identified with P.I.N. 75 -A -91E in the Back Creek Magisterial District. Action - Unanimously Approved Chairman DeHaven said that he would abstain from discussion and voting on this waiver request due to a possible conflict of interest. Vice Chairman Marker conducted the meeting. Ms. Amy M. Lohr, Planner 1, stated that the Planning Commission has received a request from Mr. Timothy G. Painter, P.E. on behalf of the above - referenced development to permit an alternative to the driveway alignment requirement which requires that new driveways be aligned with existing or planned driveways. Ms. Lohr stated that the site plan for Prelip's office complex shows two 20 -foot driveways, neither of which align with the 40 foot planned driveway across Commonwealth Court. She noted that the proposed driveways have been centered with respect to the opposing entrance. • Ms. Lohr continued, stating that the Planning Commission has the authority to allow other means of access that do not meet the requirements of the Zoning Ordinance when methods of controlling motor vehicle access that promote safe and convenient access to and from the site arc implemented. She said that the applicant has proposed a pattern of one -way circulation, controlling access in a manner that advances safe and convenient access to and from the site. In order to further promote efficient travel along Commonwealth Court, Ms. Lohr said that the staff would recommend the provision of additional signage and appropriate pavement markings at each driveway entrance to highlight the circulation patterns. Mr. Timothy G. Painter, P.E. of Painter- Lcwis, P.L.C., representing the owner /developer, was present to answer questions from the Commission. Mr. Painter explained that the circulation pattern proposed will separate truck traffic from the parking. Members of the Commission asked for the anticipated traffic count. Mr. Painter replied that the office is projected to have 227 vehicles per day and one or two truck visits per day. Commission members inquired if Commonwealth Court would be a state - maintained road and staff noted that it is planned to be a state - maintained road. There were no public comments. Members of the Commission believed the traffic circulation pattern proposed would work, however, they stated that proper signage along Commonwealth Court was paramount to its success. Mr. Painter assured the Commission of his intention to install all the proper signs. • Frederick County Planning Commission Minutes of December 15, 1999 Page 452 F -4- Upon motion made by Mr. Miller and seconded by Mr. Thomas, • BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve a driveway alignment waiver request, Section 165- 29.A.(12) of the Frederick County Zoning Ordinance, for Mr. Timothy G. Painter, P.E. of Painter- Lcwis, P.L.C. on behalf of the Michael G. Prelip Office Complex. (Note: Chairman DeHaven abstained from voting on this waiver request.) Waiver request from the lot access requirement, Section 144- 24.C(2)b. of the Frederick County Subdivision Ordinance, submitted by Painter- Lewis, P.L.C. on behalf of Satian Enterprises, Inc. to permit the location of multi - family housing in excess of 500 feet from a state - maintained road. This property is located at the intersection of Valley Mill Road (Rt. 659) and Brookland Lane (Rt. 658) and is identified with P.I.N. 54 -2 -1 in the Shawnee Magisterial District. Action - Unanimously Approved Mr. Christopher M. Mohn, Planner II, stated that the Planning Commission has received a request from Mr. Timothy G. Painter, P.E. of Painter- Lewis, P.L.C., on behalf of the above - referenced development for a waiver of the lot access requirement applicable to multi - family housing. Mr. Mohn explained that the applicant has submitted a site plan for the development of nine apartment buildings that will consist of 88 two - bedroom units. He said that access to the proposed development will occur solely via an . entrance from Brookland Lane (Rt. 658) with circulation through the site facilitated by a system of driveway loops that connect to a central travelway. He said that the site plan depicts the location of buildings "E" and "I" at distances of 670' and 715' from the entrance to the development, respectively. Mr. Mohn stated that the maximum allowable distance for multi - family housing from access to a state - maintained road is 500'. Mr. Mohn said that the applicant is seeking a waiver of this requirement to facilitate revision ofthe approved master development plan that would permit the layout proposed on the site plan. Mr. Mohn continued, stating that the proposed layout would involve the elimination of a second entrance to the site directly from Valley Mill Road (Rt. 659), which was included on the original master development plan. Mr. Mohn said that the elimination of the second entrance will arguably improve the safety and efficiency of the traffic flow on Valley Mill Road as its intersection with Brookland Lane will be the focal point for access to both sections of the condominium complex. Mr. Mohn believed that the applicant had incorporated design features into the proposed development that result in a desirable circulation pattern which may satisfy the criteria for a waiver of the access standard applicable to multi - family housing. Mr. Timothy G. Painter, P.E. of Painter- Lewis, P.L.C. said that this particular layout was used in order to contain all the traffic on the site and to funnel traffic out to Brookland Lane instead of to Valley Mill Road because of the high volume of traffic already using Valley Mill Road. Mr. Painter believed that another entrance onto Valley Mill Road could be detrimental to the site and could make an unsafe condition, if motorists tried to use this site as a shortcut. There were no public comments. • Frederick County Planning Commission Minutes of December 15, 1999 Page 453 -5- No issues of concern were raised by the Planning Commission. The Commission believed the design features incorporated by the applicant would result in a desirable circulation pattern for the proposed development and would satisfy the criteria for a waiver of the required access standards. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the waiver request from the lot access requirement, Section 144- 24.C(2)b. of the Frederick County Subdivision Ordinance submitted by Painter - Lewis, P.L.C. on behalf of Satian Enterprises, Inc. to permit the location of multi - family housing in excess of 500' from a state - maintained road. DISCUSSION Joint discussion between Planning Commission and the Development Review and Regulations Subcommittee regarding the provisions for access to loading areas. Mr. Michael T. Ruddy, Zoning Administrator, stated that over recent months, staff has reviewed several site plans that propose various kinds of loading areas. He said that generally, the requirements for loading spaces are relatively straightforward, however, access to loading areas, in particular the surface materials used, invokes a considerable amount of debate. Mr. Ruddy stated that it is the staff's • interpretation that access to all loading spaces shall be provided via driveways and aisles meeting the requirements for parking lots contained in Section 165 -27 and, therefore, the surface materials provided should be appropriate for the zoning district in which the development is located. He added that the staff is seeking to clarify its interpretation of the requirement with the confirmation of the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) in order to maintain consistency in application of the standards and to give firm direction to the development community of the acceptable standards for loading areas. Mr. Timothy G. Painter, P.E. of Painter- Lewis, P.L.C. also participated in this discussion. The Commission affirmed the staffs interpretation of the ordinance as presented above. In addition, a possible solution to provide a flexible alternative to paving was presented in which a threshold for loading space would be instituted. Areas exceeding "X" amount of loading space would require paving. It was felt that one or two loading bays would not generate a lot of traffic, however, five, ten or more loading bays would involve significantly more truck traffic and the need for a durable surface material. The Commission believed this would address the small business versus the big facility philosophy. Types of surface material used for paving were also discussed. It was pointed out that the wording in the ordinance calls for bituminous concrete, concrete, or similar materials as permitted paving materials, however, only bituminous concrete or concrete has been approved in the past. It was stated by Mr. Painter that members of the development community consider double prime and seal treatment (or tar and chip) as a, "similar material." Staff advised that if the consensus of the Commission is that tar and chip is not Frederick County Planning Commission Minutes of December 15, 1999 Page 454 i considered to be a legitimate substitute, then the phrase "similar materials" should be removed from the ordinance to avoid misinterpretation. Members of the DRRS believed they received the direction needed to write a proposed amendment, which they would bring back to the Commission for review. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:05 p.m. by Respectfully submitted, Charles S. DeHaven, Jr., Chairman u Frederick County Planning Commission Minutes of December 15, 1999 Page 455 I