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PC_04-15-98_Meeting_Minutes• MEETING 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 April 15, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice- Chairman/Back Creek District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; George L. Routine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District; S. Blaine Wilson, Shawnee District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Eric R. Lawrence, Zoning Administrator; Michael T. Ruddy, Planner II; and Renee' S. Arlotta, Clerk. S CALL TO ORDER Chairman DeHaven called the meeting to order at 7.00 p.m. MEETING MINUTES - March 4,1998 & March 18,1998 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of March 4, 1998 were unanimously approved as presented. Upon motion made by Mr. Miller and seconded by Mr. Marker, the minutes of March 18, 1998 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. • Frederick County Planning Commission Minutes of April 15, 1998 Page 193 2- • PUBLIC MEETINGS: Master Development Plan #001 -98 of the Zeigler Property submitted by Zeigler Mechanical/ Electrical Contractors, Inc. for the development of a 25.185 -acre tract for manufacturing and office space. This property is located at the intersection of Martinsburg Pike (Rt. 11 No.) and Branson Spring Road (Rt. 668) and is identified with P.I.N. 33- A -105B in the Stonewall Magisterial District. Action - Recommended Approval Mr. Michael T. Ruddy, Planner II, read the background information and review agency comments. Mr. Ruddy said that the Health Department has raised a concern regarding the number of approved sewage disposal systems and to address this concern, staff would recommend that the property be developed in two phases. He said that Phase 1 should occur immediately to accommodate the proposed Ziegler Facility on Lot 1, which has an approved area for a sewage disposal system. Mr. Ruddy stated that Phase 2, for the development of Lots 2 and 3, should only occur at such time that the Health Department has approved a sewage disposal system for the lot being developed. Mr. Ruddy added that subdivision of this property should only occur after the Health Department has given their approval of additional sewage disposal systems. Mr. Ruddy continued, stating that along the front of Lot 2 of the Ziegler property, adjacent to Route 11, is a significant number of mature evergreen trees. He said that the staff recommends that these trees • be preserved to perform the function of the landscape portion of the "C° category buffer to protect the residential property to the west. There were no public comments. A member of the Commission inquired if the two entrances on Branson Spring Road were primarily truck entrances. The concern raised was that the road may not hold up to tractor - trailer traffic because it had a tar and chip base. Mr. James Douglas, President of Zeigler Mechanical/ Electrical Contractors, Inc., replied that most of the delivery traffic and field crew traffic would use Branson Spring Road, as opposed to using Route 11. Mr. Douglas pointed out that their trailer -truck traffic is minimal and consists of no more than four to five tractor trailers per week. He did not foresee the road base presenting a problem. The Planning Commission believed the overall concept of the master plan was consistent with the Comprehensive Policy Plan and the master plan requirements of the Zoning Ordinance. Upon motion made by Mr. Marker and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 4001 -98 of the Zeigler Property submitted by Zeigler Mechanical/ Electrical Contractors, Inc. for the development of a 25.185 -acre tract for manufacturing and office space, contingent on all review agency comments being addressed prior to final approval of the plan. • Frederick County Planning Commission Minutes of April 15, 1998 Page 194 - 3 - • Waiver Request of Greenway Engineering under the provision of Chapter 165, Section 31.B(6) and B(7) of the Frederick County Code, to disturb a greater percent of the steep slope and woodlands than permitted. This property is identified as P.I.N. 54 -74 and is located in the Stonewall Magisterial District. Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that the staff has received a request from Mr. Mark Smith of Greenway Engineering on behalf of his client for a waiver from a portion of the woodlands and steep slope requirements on Lot 4 in the Baker Lane Industrial Park. He explained that the majority of the site consists of steep slopes and woodlands. Mr. Lawrence said that the Zoning Ordinance allows for the Board of Supervisors to waive certain requirements that make development of a parcel of land impractical, and two of these waiver opportunities involve the disturbance of steep slopes and woodlands in industrial parks. Mr. Mark Smith and Mr. Gary Oates, both with Greenway Engineering, came forward to address the Commission. Mr. Smith said that the Zoning Ordinance states that no more than 25 percent of the steep slopes and woodlands are to be disturbed and development of this site would require that approximately 90 percent of the steep slopes and woodlands be disturbed. Mr. Smith reviewed the topography of the site for the Commission and their plans for development. The primary concern of the Planning Commission was how the existing drainage pattern would be affected. Mr. Smith said that the existing drainage runs to the west property line, perpendicular to Imboden • Drive and parallels Baker Lane towards Winchester, and their intent is to have a shared pond with the adjacent lot owner. He said that their intent is for the pond, which would be located at the bottom comer of the lot, to catch all of the drainage coming off the lot. Commission members also discussed whether it would be possible to develop this property under the proposed woodlands preservation ordinance that is currently under discussion. It was determined that this parcel could be developed under the proposed ordinance, however, steep slopes were not included with that proposed ordinance change. It was suggested that the steep slope disturbance issue be included along with the woodlands preservation issue, as they pertain to industrial parks. There were no public comments. Members of the Commission believed the storm water management could be sufficiently addressed at the site plan stage. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver request of Greenway Engineering under the provision of Chapter 165, Section 31.B(6) and B(7) of the Frederick County Code to disturb a greater percent of the steep slope and woodlands than permitted. • Frederick County Planning Commission Minutes of April 15, 1998 Page 195 4- E DISCUSSION ITEM Review of proposed modifications to Chapter 165, Section 31.B, Amount of Environmental Feature Disturbance Permitted, and Section 31.B(7), Woodlands Disturbance. This proposal would enable a greater percentage of woodlands disturbance; the proposal would also establish incentives to encourage woodlands protection in exchange for a reduction in the required open space within a development. No Action Mr. Eric R- Lawrence, Zoning Administrator, said that the Development Review and Regulations Subcommittee (DRRS), with assistance from members of the design and development community, has been discussing the woodlands preservation of the Zoning Ordinance (Chapter 165, Section 31- Protection of Environmental Features) for the past few months. Mr. Lawrence said that an amendment proposal discussed would allow greater flexibility to the property owner and would establish an incentive program that rewards a property owner for preserving( protecting woodlands. Mr. Lawrence presented the draft text illustrating the proposed woodland ordinance amendment. In addition, he presented various scenarios which compared development utilizing the proposed new woodlands preservation ordinance versus the current woodlands ordinance. The Commission and staff reviewed and discussed the different scenarios. Mr, Mark Smith of Grecnway Engineering participated in the discussions. Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc., could not be present for discussion, but had submitted • a letter of support for the new concept. Commission members felt that one of the most positive features of the ordinance was that a developer would probably not clear cut a property because saving existing trees would qualify the developer for a bonus towards a reduction in the required open space which would result in additional developable land. It was also noted that in most development scenarios, there was an incentive available for the developer. The Commission members commended the DRRS, the staff, and others for their creative approach. OTHER The subject of the proposed design standards was raised and the fact that they have been put on hold. Members of the Commission felt that this did not reflect negatively on the staff and they wanted to continue pursuing the adoption of these standards, both as members of the Planning Commission and as citizens of Frederick County. They believed the proposed design standards was an important issue and would benefit the community. Other Commissioners agreed that the issue should continue to be pursued. • Frederick County Planning Commission Minutes of April 15, 1998 Page 196 5- • ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:00 p.m. by Respectfully submitted, s C. Tic , Sed eta gti Charles S. DeHaven, Chairman (Jr.) • u Frederick County Planning Commission Minutes of April 15, 1998 Page 197