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HomeMy WebLinkAboutPC_03-16-94_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 March 16, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman /Back Creek District; Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro District; Roger L. Thomas, Opequon District; Charles S. DeHaven, Jr., Stonewall District; George L. Romine, Citizen at Large; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; and Robert M. Sager, Board Liaison; ABSENT: S. Blaine Wilson, Shawnee District; Vincent DiBenedetto, Winchester City Liaison Planning Staff present were: Robert W. Watkins, Director /Secretary; W. Wayne Miller, Zoning Administrator; Evan A. Wyatt, Planner II; Lanny C. Bise, II, Planner I; and Kris C. Tierney, Deputy Planning Director. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CP &PS) - 3/14/94 Mtg. Mrs. Copenhaver reported that the CP &PS continued their discussion regarding the sewage problem in the community centers of Round Hill, Clearbrook, and Brucetown. She said that the Subcommittee concluded that further studies were needed and possibly, the best approach would be a land use study of those areas. 3777 K Development Review & Regulations Subcommittee (DR &RS) 2/22/94 Mg_ Mr. Thomas reported that the DR &RS finalized the recommended density requirements for the revised RP Zoning District. He said that they also discussed ways to simplify conditional use permits and ways to make them a little less expensive. Mr. Thomas said that the Subcommittee made a recommendation for two citizen members for the DR &RS. Economic Development Commission Mr. Romine reported that the EDC held a retreat on Saturday, March 5, and a wide range of topics were discussed. Battlefield Task Force- 3/9/94 Mtg. Mr. Light reported that the Task Force discussed the Grim Farm. Mr. Watkins noted that the LFPDC has put together a very good map outlining possible tours for the area. Mr. Watkins also noted that Frederick County- Winchester is in the process of applying for another grant from the National Park Service and this one will be for work regarding battlefield tours. CITIZEN COMMENTS Discussion with Mr. Thomas G. Brubaker, resident of Cedar Creek Grade, regarding the placement of mobile homes on a 14 -acre parcel owned by Woodbine Farms. Mr. Thomas G. Brubaker, a resident of Cedar Creek Grade, came forward to express his objection to Woodbine Farms installing mobile homes for agricultural workers in his neighborhood. Mr. Brubaker had sent a letter of opposition to John R. Riley, Jr., County Administrator, signed by 21 Cedar Creek Grade residents. (A copy of the letter and attachments are included in the Commission's agenda.) He also presented photographs of the 14 -acre parcel in question, showing an existing house and a mobile home. He felt that the existing house and trailer were an eyesore. Mr. Brubaker cited Section 165 -26 of the Frederick County Code and he interpreted the Code to state that agricultural accessory uses were only allowed on the same parcel as the primary use. Mr. Brubaker felt that the mobile homes would have a detrimental affect on property and home values for himself and other adjacent property owners. He felt the area was unsuitable for the number of mobile homes that would be permitted and he was also 3778 3 concerned that the mobile home use would become the principal use of this property. Chairman Golladay explained that in the 1980's, the Planning Commission, after considerable discussion, endorsed an ordinance amendment to allow agricultural housing as an accessory use to the primary farming use. Chairman Golladay said that discussion also centered around whether or not the housing should be located on the actual parcel being farmed or on the farm in general. He said that because of the various sized parcels owned by those involved in agricultural production, it was determined that this ruling should apply to the entire acreage and not just the parcel upon which workers were working at the time. Chairman Golladay said that as far as this situation is concerned, this is an allowed use. Mrs. Gloria Brubaker, wife of Mr. Thomas G. Brubaker, also came forward to speak in opposition to permitting mobile homes on the Woodbine Farms parcel. Mrs. Brubaker felt that property values would be affected and she had concerns about security and safety issues. Mr. Ray Evans, a resident of Cedar Creek Grade, said he moved into the neighborhood in November of 1993. Mr. Evans said that had he known there would be four mobile homes possibly housing 22 people on the adjacent property, he would not have built his home at this location. Chairman Golladay said that since this was a permitted use under the Frederick County Code, the only other course of action for Mr. and Mrs. Brubaker and Mr. Evans was to request an ordinance amendment through the Development Review & Regulations Subcommittee or to seek civil restitution. PUBLIC MEETING: Master Development Plan #001 -94 of Woodside Estates for single- family detached homes. This property, zoned RP (Residential Performance), is located west and adjacent to Route 641 (Double Church Road), south of the intersection of Route 277, and is identified as PIN 86 -A -20 in the Opequon District_ Action - Approved Mr. Charles W. Maddox, Jr., Engineer with G. W. Clifford & Associates, presented the master development plan (MDP) to the Commission. Some highlights of Mr. Maddox's presentation were: the development would contain 66 lots at 10,000 square foot each; curb and gutter will be installed; one connection will be provided to Route 641; stormwater management will be provided; the MDP meets all of the minimum environmental requirements of the ordinance; and all of the lots provide 80' frontage. Mr. Maddox said that the development had been specifically designed to minimize 3779 4 the disturbance of woodlands and no more than 25% of those areas will be disturbed. Mr. Maddox noted that water is available at the site and the developer will fund all of the off - site" sewer installation from the existing sewer system on Route 277 to the development. Mr: Bise said that this MDP meets the 25% open space requirement and the ordinance requirement for allowable disturbance of environmental areas. Mr. Bise stated that the staff would like assurances that no more than 25% of the woodlands will be disturbed when lots within the wooded area are developed. Mr. Bise also stated that. the MDP indicates a 50' road efficiency buffer with a full screen situated on a six -foot high berm north of the subdivision entrance along Route 641. He said that the plan does not indicate the buffer on the south side of the subdivision entrance. Mr. Bise said that the species of plants and density needs to be made clear on the plan. Mr. Bise concluded by saying that the staff was recommending approval, contingent on all staff, review agency, and Planning Commission comments being adequately addressed. There were no public comments Commissioners were concerned about the adequacy of Double Church Road (Route 641) in light of the number of subdivisions in the area. They felt there was an increasing need for turn lanes on Route 641. It was noted that road design details would be addressed at the subdivision stage. The Commissioners were also concerned that no more than 25% disturbance of woodlands would take place when lots are developed. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend - approval of Master Development Plan #001 -94 of Woodside Estates for 66 single- family detached homes with the stipulation that all staff, review agency, and Planning Commission comments are adequately.addressed. This resolution was passed by the following majority vote: YES (TO APPROVE)• DeHaven, Shenk, Thomas, Romine, Copenhaver, Marker, Light NO: Golladay, Morris Discussion with Delmer Robinson, C. L. Robinson Corporation, regarding a possible rezoning of 16 acres from RA (Rural' Areas) to B -3 (Industrial Transition) for the proposed VDOT headquarters. This property is located on the south side of Route 50 West, at the intersection of Route 803, in the Back Creek District. 3780 5 No Action Mr. Edward Robinson, President of C. L. Robinson, said this site was viewed as a good and logical location for the new district office of the Winchester Division of the Virginia Department of Transportation because it is the approximate geographic center of Frederick County; the site has easy access to Routes 50,, 522, 11, 37, and I -81; and the property will be accessible from Route 803 as well as Route 50. Mr. Robinson said that VDOT will provide buffering to protect residential areas. He said that adjacent businesses are conducting similar activities and the site is not currently being used for agricultural purposes. He said that since this property is located next to Perry's quarry, they will have access to a gravel supply and therefore, they will not have to store gravel on their site. Mr. Robinson added that the site will use a well and septic system. The Planning Commission had no major concerns or objections to the proposal. Discussion with Ray Robinson, Jr., regarding the possibility of consolidating two lots (1.13 acres and 12,239 square feet) into one lot and dividing this new lot equally. This lot, zoned RP, is identified by PIN# 63 -A -53 and is located along Apple Valley Road (Route 652). No Action Mr. Miller said this lot is nonconforming because it has two dwellings on one 1.13 acre parcel and does not meet the required RP lot size for lots without public sewer and water. Mr. Miller said that these dwellings are served by individual septic systems and are both hooked to public water (from the City of Winchester) coming out -of Plainfield Heights subdivision. -He said that Mr. Robinson also owns a small tract of 12,239 square feet that adjoins this property and.he desires to consolidate this tract with the 1.13 acre tract, if it is possible to divide the larger tract. Mr. Miller said that in order for Mr. Robinson to do this, waivers to two ordinance requirements would be necessary: Section 165 -65 A of the Zoning Ordinance and Section 944 - 24 C of the Subdivision Ordinance. Mr. Ray Robinson, Jr. stated that this action will recognize the existing situation and place the properties in two separate deeds, which will simplify the handling of his estate by him or his heirs in the future. The Commissioners recognized that approval of this request would remove one nonconforming issue of two dwellings on the same lot, however, it would create another nonconforming use in that the rear lot would abut a state - maintained street. It was suggested that a condition of approval require that the right -of -way to the rear lot be designated as an "exclusive" right -of -way for use by this one lot. The Commissioners were in agreement with 3781 the proposal because it would allow the applicant flexibility in the use of the property and would partially eliminate the nonconforming use. Mr. Miller noted that this request would need Board of Supervisors. approval. Discussion regarding the Frederick County 1994 Primary Road Improvement Plan Action - Approved Mr. Wyatt presented the 1994 Primary Road Improvement Plan for Frederick County. Mr. Wyatt said this plan was identical to last year's plan- -it maintains the same priority for primary road improvements and does not include new projects. He said that the Transportation Committee reviewed the plan during their regular meeting of February 1 and unanimously recommended approval. Mr. Wyatt said that he had received a request from Tom Christoffel of the LFPDC for addendum to the plan to include park and ride lots. He said that Mr. Christoffel feels that the park and ride lots need to be included as a part of the Primary Road Improvement Plan, rather than the Secondary Road Improvement Plan; before VDOT can proceed with construction. Mr. Wyatt said that a study conducted by LFPDC specified a need for park and ride lots on Route 7, Route 56 East of Winchester, -and Route 277. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the 1994 Primary Road Improvement Plan for Frederick County with the addendum including park and ride lots and unanimously recommends approval to the Board of Supervisors. Discussion regarding an amendment to Chapter 165 of the Frederick County Code, Zoning, Article VI, RP (Residential Performance) District, Section 165 -58 Intent, and Section 165 -62, Gross Density. The proposed amendments pertain to permitted gross density for multi- family housing types and internal residential separation buffers. Action — Advertise for April 6 Public Hearing Mr. Wyatt said that the Board of Supervisors has expressed concern over the allowable gross density in the RP District, specifically with multi- family housing types. He said that the Development Review and Regulations Subcommittee (DRRS) met with representatives of the Top of Virginia Builders Association (TOV) and it was agreed that a new density scale would be created for the RP District and that language would be created for interior residential 3782 separation buffers. Mr. Wyatt reviewed the changes with the Commission: Section 165 -62 Gross Density was amended to reflect the reduction in density which was discussed and agreed upon through worksessions with the TOV. He stated that the existing "sliding scale" provides a gross density for developments that are 25 acres, 50 acres, and 100 acres. He further stated that the proposed amendments establish a density of 5.5 units /acre for developments that-are between 10 and 100 acres. Mr. Wyatt explained that language was created under Section 165 -62.1 Multi - family Housing to establish a maximum percentage of multifamily dwellings that are permitted within any - development. He said that this language permits the 100% multifamily housing developments on lots that are less than 25 acres in size, 50% multifamily on 25 acres and less than 50 acres; and 40% multifamily on 50 acres-plus. Finally, Mr. Wyatt explained that Section 165-37C was amended and defines the difference between perimeter and interior residential separation buffers and provides requirements for interior residential separation buffers. The Commissioners felt that the proposed language would assist in the reduction of overall gross density. for multifamily developments, while still allowing developers the opportunity to create marketable developments and instructed the staff to advertise the amendments for their April 6 public meeting. Discussion of an ISTEA Enhancement Proposal: Civil War Battlefield Tour Network: Phase I Mr. Watkins said that the City of Winchester and Frederick County are developing a proposal to acquire and preserve significant civil war battlefield sites within our area. He said that the purpose of this proposal is to create an interconnected battlefield tour network that can be enjoyed by local citizens and tourists to our area. Mr. Watkins said that a critical component of the tour network involves the capability for various modes of transportation to access these sites. He said that connecting routes will provide the ability for automotive, mass transit, and bicycle travel between sites along historic routes. He stated that appropriate signage, pullovers, and bicycle facility improvements will be part of this process. Mr. Watkins explained that Phase 1 of this proposal is to request funding to acquire the Grim Farm. He said that this property, located in the City of Winchester and Frederick County,, represents a central portion of the First and Second Kernstown Battlefields and is one of six major battlefield sites identified by the National Park Service. Mr. Watkins said that this joint City/County proposal will be submitted as an ISTEA Enhancement Proposal by March 31, 1994. Upon motion made by Mr. Light and seconded by Mr. Marker, 3783 F:3 BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the joint proposal for a Civil War Battlefield Tour Network and the submission of the ISTEA Enhancement Proposal to begin Phase 1 of the project. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:50 p.m. Respectfully submitted, Robert W. Watkins, Secretary I . A / , d. /' /"////, " j . � 3784