PC_08-02-95_Meeting_MinutesMEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
August 2, 1995.
PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr.,
Chairman /Stonewall District; Marjorie H. Copenhaver, Back Creek District; S.
Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Richard C.
Shickle, Gainesboro District; John H. Light, Stonewall District; Richard C. Ours,
Opequon District; Roger L. Thomas, Opequon District; George L. Romine,
Citizen at Large; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook,
Legal Counsel.
ABSENT: Terry Stone, Gainesboro District; John R. Marker, Vice Chairman /Back Creek
District; and Robert M. Sager, Board Liaison.
Staff present: Robert W. Watkins, Director and Secretary; W. Wayne Miller, Zoning
Administrator; Evan A. Wyatt, Planner II, Kris C. Tierney, Deputy Planning Director, and
Renee' S. Arlotta, Minutes Recorder.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES - MEETINGS OF JULY 5 1995
Upon motion made by Mr. Thomas and seconded by Mr. Romine, the meeting
minutes of July 5, 1995 were unanimously approved as presented.
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BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's
information.
Development Review & Regulations Subcommittee (DRRS) - 7/27195 Mtg_
Mr. Wyatt reported that the DRRS discussed a request to modify the family lot
division policy. He said that as a result of this discussion, the Planning Commission will probably
be approached in September by an applicant who will be looking for a waiver provision from the
250' width requirement.
Mr. Wyatt said that the DRRS believes they have done as much as they can do with
the minor collector road standards and he would present some of the findings informally later in
the meeting. i
Comprehensive Plans & Programs Committee (CPPC) - 7/17/95 Mtg.
Mrs. Copenhaver reported that the CPPS reviewed more information concerning
the Round Hill Community Center and the development of land around the intersection of Rt. 37
and Rt. 50 West. She said that the CPPS hopes to have a worksession with the full Planning
Commission and Board in August. Mrs. Copenhaver added that the CPPS also discussed the
Battlefield Network Plan.
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Transportation Committee - 8/1/95 MIg,
Mr. Wyatt said that the Transporation Committee discussed a request from the
Economic Development Commission for industrial areas with rail access. He said that there are
several areas near Kernstown they are interested in, however, transportation system enhancements
would need to be addressed in that area. Mr. Wyatt said that the EDC's executive director, June
Wilmot, presented a three- phased approach which the Committee endorsed.
Mr. Wyatt said that the other item discussed was Alternative 5.0 of the WATS.
Mr. Wyatt said that the Committee felt their recommendations would be premature until the
Commonwealth Transportation Board made a final decision on Rt. 37.
Historic Resources Advisory Board (HRAB) - 7/18195 Mtg_
Mr. Morris reported that the HRAB reviewed and endorsed the Battlefield Task
Force Report, however, they did caveat that by saying they felt it was important, in order to keep
the momentum going, to form the `umbrella group' as quickly as possible. Mr. Morris also
reported that the Historic Plaque Program is continuing with great success.
Sanitation Authority - 7/19/95 Mtg.
Mrs. Copenhaver reported that work on the Parkins Mill upgrade is progressing.
Winchester City Planning Commission
Mr. Dibenedetto reported that the City gave administrative approval for the
County's Office Building. He also reported that the County's Deputy Planning Director, Kris
Tierney, gave the Commission a presentation on the Battlefield Task Force Report and this met
with favorable reviews as well.
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PUBLIC HEARINGS
Rezoning Application #001 -95 of Wayne R. Ridgeway to rezone 2.047 acres from RA
(Rural Area) to B3 (Industrial Transition). This property is located on US Route 522, just
south of the intersection of Bryarly Road (Rt. 789), and is identified with PIN 42 -A -249
in the Gainesboro District.
Action - Tabled for 60 Days
I
Mr. Tierney said that this item came before the Commission on May 3, 1995 and
was tabled for 90 days at the applicant's request. Mr. Tierney said that another letter was
received from the applicant, again requesting tabling for 60 days. Mr. Tierney said that the
applicant is trying to obtain Health Department approval of a septic system and other items that
the Commission raised concerns about.
Mr. Stephen M. Gyurisin, of G. W. Clifford & Associates, Inc., the consulting
engineers for this project, said that the soil consultant has been on the site and a survey of the
property has been conducted. Mr. Gyurisin asked that the Commission table the, request for
another 60 days.
There were no public comments.
Upon motion made by Mr. Light and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
agree to table Rezoning Application #001 -95 of Wayne R. Ridgeway for 60 days.
An amendment to Chapter 165, Zoning Ordinance, of the Frederick County Code, Article
IV, Supplementary Use Regulations, Section 165 -23F, Extensions into Setback Yards to
allow decks and storage buildings that are attached to townhouses and weak -link
townhouses to extend into the required perimeter boundary setback and the required active
distance buffer area.
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Action - Recommended Approval
Mr. Wyatt said that the Development Review & Regulations Subcommittee (DRRS)
reviewed a request from Mr. Don Hague concerning the ability to have decks and storage
buildings, which are attached to townhouse units, extend into required perimeter setback areas.
Mr. Wyatt explained that currently, the ordinance requires townhouses to be set back a minimum
of 50 feet from the perimeter property line boundary and in some cases, a minimum of 100 feet,
depending upon the zoning classification of the adjoining property. He said that the
Supplementary Use Regulations within the Zoning Ordinance permits specific architectural,
structural, or mechanical features to extend into portions of setback yards and the DRRS felt they
would look at this request in that light.
Mr. Wyatt said that the DRRS felt it would be appropriate to allow attached decks
and storage facilities to extend into the perimeter setback area and the active portion of required
buffer and screening areas, provided that maximum distances and heights were determined. Mr.
Wyatt said that the reason the committee did not have a problem with this approach was because
of the 100 foot setback required between two adjacent townhouse developments (50' required by
each). He said that if the proposed townhouse development was adjacent to a single family
development, the buffer and screening requirement for the townhouses would be 100 foot
minimum setback and the single family development would need to be set back 25 feet, which
would total 125 feet. He said that if the decks would be permitted to be extended 15 feet, there
would still be 110 feet of distance between the single family unit and the townhouse plus full
screening, which would be a six foot high berm with landscaping.
The Commission had questions regarding the definitions of `covered' and `enclosed'
decks, which were not permitted in the proposed amendment. They asked if a shade structure
over a deck would be considered as a `cover.' Mr. Wyatt explained that the DRRS was reluctant
to allow any type of cover for the fear that it may eventually turn into an enclosed structure and
then into a family room.
Mr. Light, a member of the DRRS, said that the Committee did not want a deck
to turn into a screened porch, which is a building structure requiring a building permit.
Mr. Scot Marsh, of Marsh & Legge Land Surveyors, was representing Mr. Hague.
Mr. Marsh said that they were in favor of the proposed amendments as written. Mr. Marsh said
that he attended the DRRS meeting and the applicant's intent was not to have any covering at all
on the decks.
Upon motion made by Mr. Thomas and seconded by Mr. Romine,
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the amendment to the Supplementary Use Regulations -- Structural
Extensions into Setback Yards, as follows:
ARTICLE IV - SUPPLEMENTARY USE REGULATIONS
165 -23F Extensions into Setback Yards
(5) Decks which are attached to townhouses and weak -link townhouses may be constructed to
the full width of the dwelling unit and may extend fifteen feet into a perimeter setback area
or the active portion of a required buffer area, provided that the decks are not enclosed or
covered and are not constructed higher than the finished floor elevation of the primary
entrance to the dwelling unit.
(6) Storage sheds which are attached to townhouses and weak -link townhouses that can only
be accessed through an outer entrance and do not exceed one -fourth the width of the
dwelling unit may extend ten feet into a perimeter setback area or the active portion of a
required buffer area.
Virginia Citizens Planning Association Annual Meeting
Mr. Morris announced two upcoming Planning Commissioners' Programs- -the
institute for Planning Commissioners and the Certified Planning Commissioners' Program to be
held October 8 -10, 1995 at the Fairview Park Marriott in Falls Church.
Collector Road Proposal
Mr. Wyatt said that the DRRS has worked with representatives of the development
and design community and the Virginia Department of Transportation over the past several
months, at the request of the Board of Supervisors, to determine all significant issues and concerns
associated with the current collector road design standards. He said that the Board's request was
initiated by concerns raised by local developers and the Board's interest in completing the
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County's transportation network. Mr. Wyatt proceeded to give the Commissioners the history of
the project to date. He said that local developers were primarily concerned that residential lot
frontages were not permitted on minor collector roads. He said that because of this, developers
felt they needed to build twice the amount of roads to service the same number of houses. Other
concerns raised by developers were the increased costs associated with building and maintaining
additional roads, and the increase in stormwater runoff.
Mr. Wyatt explained that the Comprehensive Plan's Eastern Road Plan designates
the locations for minor and major collector roads, however, developers are avoiding building at
those locations because they prefer areas where they only have to build local streets. Mr. Wyatt
explained that the result is that the County has been unable to complete its transportation network.
Mr. Wyatt said that numerous worksessions were held and new language has been created for the
design and development of minor collector roads.
Mr. Wyatt said that the essence of the proposed language requires minor collector
roads to be constructed to the VDOT Urban Design Standard. He said that this standard requires
curb and gutter and sidewalks along minor collector roads, regardless of the lot size. This
language also allows residential lot frontage along minor collector roads with individual driveway
spacing requirements and eliminates the requirement for road efficiency buffers. He said that the
new language does not propose to alter the existing lot size requirements for curb and gutter and
sidewalks along local streets. Therefore, if a developer creates a residential subdivision that
exceeds the current requirements, he or she will have the flexibility to dertermine how the local
streets should be constructed.
I
Mr. Wyatt said that the proposed language will encourage the development of a
network of minor collector roads that have been previously avoided; will reduce the amount of
pavement, thus providing a cost savings in development and maintenance; it will produce a
savings in land development cost; and a reduction in storm water runoff.
The Planning Commission felt that a redesignation of roads identified in the
Comprehensive Plan from major to minor collector roads would be an integral part of making
these new standards work effectively. They felt that good statistical figures for traffic movement
were essential and the traffic impact analyses would be very useful. Commissioners also noted
that it was very important to correctly designate the roads because it would be extremely expensive
to convert a minor collector back into a major collector. The Commission felt that the new
standards would create a `win -win' situation for everyone - -the developers will have certain
concessions, the County would get nicer developments, better traffic flow, and excellent road
beds, and VDOT would benefit because it would make snow removal and road maintenance
easier.
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Mr. Wyatt said that the staff planned to advertise the amendments for public
hearing for the Commission's September 6 meeting. The Commission had no problems with this
schedule.
PLANNING COMMISSION RETREAT
Mr. Watkins suggested that the Planning Commission's Annual Retreat be held in
January or February instead of the usual November schedule. The Planning Commission agreed
to the January meeting time.
Mr. Watkins announced that the August 16 Planning Commission meeting will be
a work session to discuss the Round Hill community study, battlefields, and W.A.T.S.
K�R1�� I►M_y
There being no further business to discuss, the meeting adjourned at 8:00 p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
Charles S. DeHaven, Jr., Chairman
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