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PC_01-19-00_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 January 19, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Marjorie H. Copenhaver, Back Creek District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District: W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice-Chairman/Back Creek District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; and Terry Stone, Gainesboro District. STAFF PRESENT: Kris C. Tierney, Planning Director /Secretary; Evan A. Wyatt, Deputy Planning Director; Michael T. Ruddy, Zoning Administrator; and Renee' S. Arlotta, Clerk. . CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Sanitation Authority (SA) - 01118/00 Mtg. Mr. W. Wayne Miller, Planning Commission's Liaison to the SA, reported the following topics from the last SA meeting: In addition to obtaining water from the City of Winchester in order to allow the quarries to refill with water, the Sanitation Authority is staffing a water conservation ordinance. There is not Frederick County Planning Commission Minutes of January 19, 2000 Page 46° 2- likely to be a moratorium on residential connections within the next year. The SA passed a motion to proceed . with the Echo Village rehabilitation project; the new tank on the Solenberger's property is in the process of being filled and should take about two weeks. INTRODUCTION OF MR. SIDNEY A. REYES, NEWLY APPOINTED BOARD OF SUPERVISORS' LIAISON TO THE PLANNING COMMISSION Chairman DeHaven welcomed Mr. Sidney A. Reyes, the newly appointed Board of Supervisors' liaison to the Planning Commission. PUBLIC MEETINGS Request for a waiver to the cul -de -sac length requirement, Section 144- 17.G(1) of the Subdivision Ordinance, submitted by Artz & Associates, Inc. on behalf of Norman J. Secrist to permit a cul -de -sac length of 2,500 feet. This property is located on Wright's Road (Rt. 661) and is identified with P.I.N. 23 -A -5 in the Stonewall Magisterial District. (This item was tabled from the Commission's 12/01/99 Meeting.) • Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, stated the waiver proposed is a request to extend the cul-de -sac length beyond the maximum length mandated by the Subdivision Ordinance, which is 1,000 feet. Mr. Ruddy said that the Commission tabled this request at the December 1, 1999 meeting to give Mr. Norman J. Secrist, the applicant, the opportunity to pursue several alternatives that were suggested at the meeting. He said that those alternatives included contacting adjoining property owners and evaluating the possibility of a two -acre rural preservation subdivision. Mr. Ruddy stated that he had conversations with an adjoining property oxmer, Mr. Leight, owner ofthe adjoining parcel to the southwest, identified as Parcel 33 -A- 4, to discuss the potential for connection. He said that while Mr. Leight expressed the potential for future development of his property, he would be unwilling at this time to commit concretely to a connection to the Secrist property. Mr. Ruddy continued, stating that he met on several occasions with Michael M. Artz, the surveyor, and Mr. Secrist on the property and upon evaluating the property in comparison with the plat, it was observed that Sylvan Springs Road is approximately 1,000 feet from Wrights Road. The topography in this area is quite severe and somewhat unbuildable; however, beyond Lot 13, the property opens up into a more suitable area for perc sites. He was also of the opinion that the property was somewhat self - contained in that the adjoining Leight property and the adjoining Kidwell and Ganse properties are on somewhat of a ridge line. Mr. Ruddy also pointed out that tax maps confirm that the proposed subdivision is compatible with adjoining land uses and lot sizes. • Frederick County Planning Commission Minutes of January 19, 2000 Page 466 -3- Mr. Norman J. Secrist, the owner, was interested in pursuing his waiver request as originally • presented. Mr. Secrist read a section of the ordinance which stated that a waiver could be granted "...where there is extreme topography or other factors which make it impractical, the Planning Commission may grant a waiver." Mr. Secrist pointed out the location of 15 -20 -foot rock breaks, which causes him to be limited in the number of perc sites he can establish and which will limit him to no greater than 13 lots. He said that the extension of the road length is not to increase the number of lots that he can get. Mr. Socrist added that the power company has already placed an easement through one area and if he had to make the lots any smaller, he was afraid it would be almost impossible to establish perc sites. Chairman DeHaven called for public comments, but no one was present to speak. During the discussion between the Commission members and staff, one of the interpretations of the sketch plat raised was that Sylvan Springs Road terminated where it intersected with Secrist Court and, therefore, Sylvan Springs Road would not be classified as a cul-de -sac; it was believed that the cul-de-sac existed with both ends of Secrist Court, both of which met the requirements of the ordinance and a waiver would not be required. Other members of the Commission believed that Sylvan Springs Road had only one outlet, Wrights Road, and was, therefore, a cul-de-sac. Commission members believed that a waiver in this case was justified because no other alternatives or layouts could be pursued in this particular situation. They believed that the type of precedent that should be avoided was permitting a road to extend a long way, possibly 5,000 feet in length, with a great deal of lots along it, with just two hammer -head cul-de-sacs on the end and only one point of egress and ingress. The Planning Commission also believed that the proposed residential use was compatible due to its proximity to Orchardale and the residentially -zoned properties along Ruebuck Road (Route. 670). • Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the request for a waiver to the cul-de-sac length requirement, Section 144- 17.G(1) of the Subdivision Ordinance, submitted by Artz & Associates, Inc. on behalf of Norman J. Secrist, to permit a cul-de-sac length of 2,500 feet along Wright's Road (Rt. 661) and identified with P.I.N. 23 -A -5 in the Stonewall District. This request was approved by the following majority vote: YES (TO APPROVE) DeHaven, Miller, Romine, Morris, Copenhavcr, Light NO: Thomas • Frederick County Planning Commission Minutes of January 19, 2000 Page 467 -4- • Master Development Plan #01 -00 of Morgaine Trace Subdivision, submitted by Greenway Engineering for the development of 88 single - family detached urban residential lots. This property, zoned RP (Residential Performance), is located on the east side of Front Royal Pike (Rt. 522), 1.2 miles south of Airport Road (Rt. 645), and 0.30 miles north of Paper Mill Road (Rt. 644), and is identified with P.I.N. 64 -2 -C1 in the Shawnee Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt discussed three issues identified by the staff as significant with regard to this master plan. The first issue discussed was the applicant's desire to provide access to the adjoining Adams Family Ltd. Partnership property. Mr. Wyatt said that because of the M 1 (Light Industrial) zoning of the Adams' tract and the residential zoning of the Morgaine Trace property, it was not desirable, from a planning perspective, to have an access connection between the properties. Mr. Wyatt pointed out, however, that because this property is severed by Buffalo Lick Run and because of the topography, it was doubtful that this portion of the Adams' property would be developed industrially. He said that the MDP map shows a "T" intersection with the extension of Bentley Avenue, which would provide access to the Adams tract, and staff is recommending that there be a narrative placed on the plan stating this access would be permitted if the property owned by the Adams' is rezoned to residential use. The second issue discussed involved buffer requirements. Mr. Wyatt said that the MDP is required to provide a 100' road efficiency buffer along Rt. 522 South, however, the applicant has shown only a 50' buffer. He explained that Rt. 522 South is a major arterial road system, therefore, the buffer requirements • are either an 80' minimum width with a full screen or a 100' width with a landscaped screen. In addition, because of the zoning difference of the Adams' property, a buffer is also required along this property line to provide relief between the residential and the industrial uses. Mr. Wyatt continued, stating that the application calls for the disturbance of the maximum allowance of environmental features, which is five acres of this site, and is primarily steep slopes and woodlands. He said that the MDP shows a typical lot section depicting how they would be able to disturb the maximum allowance of woodlands and still meet the requirements of the ordinance. The final issue raised by the staff was a potentially significant historic feature, the Evendale School. Mr. Wyatt said that the staff believed the required road efficiency buffer would adequately mitigate any visual impacts associated with this use. A member ofthe Planning Commission believed the potential existed for a connection between this parcel and the Russell property to the south because of the shape and size of the two parcels. Staff advised the Planning Commission that the Southern Frederick Land Use Plan recommends that the Russell property be used for industrial purposes in the future; therefore, the road connection may not be desirable. Mr. Claus Bader with Greenway Engineering, the design/engineering firm representing the owner /developer, said that regarding the road efficiency buffer, the MDP is being revised to show an 80 foot road efficiency buffer with a full screen along Route 522. Regarding the zoning district buffer between the Morgaine Trace parcel and the Adams' tract, Mr. Bader proposed putting in a 25' landscaping easement across the rear of the property, which would also be used as the buffer, noting that the area was heavily wooded. He \J Frederick County Planning Commission Minutes of January 19, 2000 Page 468 -5- said that a caveat could be added that if the Adams' property is rezoned to RP, the easement would become null and void because at that point, there would be no need for a buffer between the two residential tracts. With regard to extending a cul -de -sac to the Russell property to the east, zoned RA, Mr. Bader said that the topography becomes fairly steep on that side of the Morgaine Trace property and engineering a continuous roadway through there would be problematic. Members of the Commission discussed the appropriateness of allowing an open space easement to be placed in the rear setbacks of homeowners' lots. Mr. Bader commented that homeowners are not permitted to build within the setback area anyway. Commissioners predicted that accessory structures would be placed in the open space easement and had concerns about who would police that situation. Mr. Bill Tisinger, a partner of the JENI Company, the owners /developers of the Morgaine Trace Subdivision, said that a rezoning application will be forthcoming within the next month for the adjoining Adams tract for single - family housing. He stated that when the overall Airport MDP was done, 35 acres just north of where the connection is made was slated for future residential growth. Mr. Tisinger said that the 35 acres is actually cut off from the airport property by the stream and steep banks run down in both directions. He said that if the rezoning is approved, and he believed it would be, there will be no requirement for a buffer. Commissioners inquired if the ordinance prohibited the setback and the buffer to overlap. The staff confirmed that the two could overlap. The staff believed the plan should designate the required buffer and if the adjoining property is rezoned, the applicant could modify their MDP administratively. Chairman DeHaven called for public comment and the following person came forward to speak: • Mr. Jeffery D. Jerome, adjoining property owner at 269 Vine Lane, read a petition signed by 19 residents of the adjoining Southview Development. Mr. Jerome stated that the residents of Southview were concerned about erosion, if the wooded areas were removed; they were concerned about whether the school infrastructure would be able to handle the additional influx of students; and they were concerned about the impact of the proposed development on the value of their properties. The Planning Commission believed the overall master plan was consistent with the policies for suburban residential development as specified in the Comprehensive Policy Plan. They also believed that the overall gross density and general site layout were consistent with the requirements of the Zoning Ordinance and the Subdivision Ordinance. However, they recommended that the MDP designate the required buffer between the Morgaine Trace property and the Adam's property. Concern was also raised about some of the steep slopes, but it was felt this could be discussed at the time of subdivision review. Upon motion made by Mr. Thomas and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #01 -00 of Morgaine Trace Subdivision, submitted by Greenway Engineering, for the development of 88 single - family detached urban residential lots on 38.1 acres, zoned RP (Residential Performance). • Frederick County Planning Commission Minutes of January 19, 2000 Page 46S WE Upon motion made by Mr. Romine and seconded by Mr. Thomas, the Planning Commission • unanimously agreed to make the petition submitted by Mr. Jeffrey D. Jerome and the residents of Southview Development a part of the official record. OTHER COMMITTEE APPOINTMENTS Chairman DeHaven formally appointed Commissioner W. Wayne Miller as the Planning Commission's Liaison to the Frederick County Sanitation Authority. Chairman DeHaven also appointed Ms. Marjorie H. Copenhaver as a citizen member of the Comprehensive Plans & Programs Subcommittee. In addition, Chairman DeHaven appointed Commissioner Robert A. Morris and Commissioner John H. Light, both former members of the Development Review & Regulations Subcommittee, to the Comprehensive Plans & Programs Subcommittee. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:05 p.m. by • Respectfully submitted, C. S. DeHaven, Jr., Chairman • Frederick County Planning Commission Minutes of January 19, 2000 Page 470